legis_id
stringlengths 7
15
| text
stringlengths 248
4.78M
| url
stringlengths 71
89
|
|---|---|---|
113-hr-3657 | I 113th CONGRESS 1st Session H. R. 3657 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mrs. Hartzler (for herself, Mr. Barber , Mr. Kingston , and Mrs. Miller of Michigan ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To limit the retirement of A–10 aircraft.
1. Limitation on retirement of A–10 aircraft (a) Limitation None of the funds authorized to be appropriated or otherwise made available for the Department of Defense may be obligated or expended to retire, prepare to retire, or place in storage any A–10 aircraft until each of the following occurs: (1) The Secretary of the Air Force certifies to the congressional defense committees each of the following: (A) That the F–35A aircraft has achieved full operational capability. (B) That the F–35A aircraft has achieved Block 4A capabilities, including— (i) an enhanced electronic warfare capability that will allow the F–35A aircraft to counter emerging threats in a close air support (CAS) environment; and (ii) a GBU–53 Small Diameter Bomb version II or equivalent weapon operational capability. (C) That a number of F–35A aircraft exists in the Air Force inventory in sufficient quantity to replace the A–10 aircraft being retired in order to meet close air support capability requirements of the combatant commands. (2) The Comptroller General of the United States submits to the congressional defense committees a report setting forth the following: (A) An assessment whether each certification under paragraph (1) is comprehensive, fully supported, and sufficiently detailed. (B) An identification of any shortcomings, limitations, or other reportable matters that affect the quality or findings of any certification under paragraph (1). (b) Deadline for submittal of Comptroller General report The report of the Comptroller General under paragraph (2) of subsection (a) shall be submitted not later than 90 days after the date of the submittal of the certification referred to in paragraph (1) of that subsection. (c) Congressional defense committees defined In this section, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr3657ih/xml/BILLS-113hr3657ih.xml |
113-hr-3658 | I 113th CONGRESS 1st Session H. R. 3658 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Ms. Granger (for herself and Mr. Capuano ) 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 grant the Congressional Gold Medal, collectively, to the Monuments Men, in recognition of their heroic role in the preservation, protection, and restitution of monuments, works of art, and artifacts of cultural importance during and following World War II.
1. Short title This Act may be cited as the Monuments Men Recognition Act of 2013 . 2. Findings The Congress finds the following: (1) On June 23, 1943, President Franklin D. Roosevelt formed the American Commission for the Protection and Salvage of Artistic and Historic Monuments in War Areas . (2) The Commission established the Monuments, Fine Arts, and Archives ( MFAA ) Section under the Allied Armies. (3) The men and women serving in the MFAA Section were referred to as the Monuments Men . (4) These individuals had expertise as museum directors, curators, art historians, artists, architects, and educators. (5) In December 1943, General Dwight D. Eisenhower empowered the Monuments Men by issuing orders to all commanders that stated they must respect monuments so far as war allows . (6) Initially the Monuments Men were intended to protect and temporarily repair the monuments, churches, and cathedrals of Europe suffering damage due to combat. (7) Hitler and the Nazis engaged in a pre-meditated, mass theft of art and stored priceless works in thousands of art repositories throughout Europe. (8) The Monuments Men adapted their mission to identify, preserve, catalogue, and repatriate almost 5,000,000 artistic and cultural items which they discovered. (9) This magnitude of cultural preservation was unprecedented during a time of conflict. (10) The Monuments Men grew to no more than 350 individuals and joined front line military forces; two Monuments Men lost their lives in action. (11) Following the Allied victory, the Monuments Men remained abroad to rebuild cultural life in Europe through organizing art exhibitions and concerts. (12) Many of the Monuments Men became renowned directors and curators of preeminent international cultural institutions, professors at institutions of higher education, and founders of artistic associations both before and after the war. (13) The Monuments Men Foundation for the Preservation of Art was founded in 2007 to honor the legacy of the men and women who served as Monuments Men. (14) There are only five surviving members of the Monuments Men as of December 2013. 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 Monuments Men, in recognition of their heroic role in the preservation, protection, and restitution of monuments, works of art, and artifacts of cultural importance during and following 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 honor of the Monuments Men, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of the congress It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the Monuments Men, and that preference should be given to locations affiliated with the Smithsonian Institution. 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-113hr3658ih/xml/BILLS-113hr3658ih.xml |
113-hr-3659 | I 113th CONGRESS 1st Session H. R. 3659 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Burgess introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to clarify policy with respect to collecting reimbursement from third-party payers for medical assistance paid under the Medicaid program, and for other purposes.
1. Removal of special treatment of certain types of care and payments under Medicaid third-party liability rules Section 1902(a)(25) of the Social Security Act ( 42 U.S.C. 1396a(a)(25) ) is amended by striking subparagraphs (E) and (F). 2. Clarification of role of MCOs with respect to third-party liability (a) In general Section 1902(a)(25) of the Social Security Act ( 42 U.S.C. 1396a(a)(25) ), as amended by section 1, is further amended by inserting, after subparagraph (D), the following: (E) that, if the State contracts with a managed care entity pursuant to section 1932 for the purpose of providing items and services under this title— (i) such contract shall specify whether— (I) the State is delegating to the managed care entity all or some of its right of recovery for an item or service for which payment has been made under the State plan; and (II) the State is transferring to the managed care entity all or some of the assignment to the State of any right of an individual or other entity to payment from a health insurer (including self-insured plans, group health plans (as defined in section 607(1) of the Employee Retirement Income Security Act of 1974), service benefit plans, managed care organizations, pharmacy benefit managers, or other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service) for an item or service for which payment has been made under the State plan; and (ii) if the State delegates its rights under clause (i)(I) or transfers assignment of rights under clause (i)(II) , the State shall have in effect laws requiring such health insurers, as a condition of doing business in the State— (I) to provide to such managed care entity, upon the request of such entity, the information described in subparagraph (I)(i); (II) if a right of recovery was delegated under clause (i)(I) , accept the authority of the managed care entity to exercise such right; (III) if an assignment of rights was transferred under clause (i)(II) , accept such transfer of assignment of rights; (IV) respond to an inquiry made by such entity in the same manner that the insurer would respond to an inquiry by a State under subparagraph (I)(iii); and (V) agree not to deny a claim submitted by a managed care entity for which the State has delegated or transferred rights under clause (i) in the same manner that the insurer may not deny a claim submitted by a State under subparagraph (I)(iv); . (b) Treatment of collected amounts Section 1903(d)(2)(B) of the Social Security Act ( 42 U.S.C. 1396b(d)(2)(B) ) is amended by adding at the end the following: For purposes of this subparagraph, reimbursements made by a third party to managed care entities pursuant to section 1902(a)(25)(E) shall be treated in the same manner as reimbursements made to a State under the previous sentence. . 3. Requiring coordination of beneficiary information with respect to third-party liability Section 1902(a)(25) of the Social Security Act ( 42 U.S.C. 1396a(a)(25) ), as amended by section 2, is further amended by inserting, after subparagraph (E), the following: (F) that, if the State contracts with a health insurer (as defined for purposes of subparagraph (E)) for the purposes of providing items and services under this title such contract shall require that— (i) if such insurer contracts with a pharmacy benefit manager to manage benefits under the health plan offered by such insurer, such contract shall require that the pharmacy benefit manager regularly report to the State (or, as applicable, to an authorized contractor or agent of the State) any data obtained by the pharmacy benefit manager that is relevant, as determined by the State, to assisting the State in determining whether such a health insurer is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service available under the plan; and (ii) such insurer cooperates (including by granting requests of the State for information, or for permission to utilize information, that is relevant to determining whether such a health insurer is, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service available under the plan, regardless of the State in which the insurer is licensed) with the State Medicaid plan (including any State Medicaid agency or authorized agent or contractor of such program or entity) for the proper coordination of benefits offered through the plan of such insurer and medical assistance under the State plan to effectuate the principle of the program under this title being the payer of last resort; . 4. Development of model uniform fields for States to report third-party information Not later than January 1, 2015, the Secretary of Health and Human Services shall, in consultation with the States, develop and make available to the States a model uniform reporting field that States may use for purposes of reporting to the Secretary within CMS Form 64 (or any successor form) information identifying third-party health insurers (including self-insured plans, group health plans (as defined in section 607(1) of the Employee Retirement Income Security Act of 1974), service benefit plans, managed care organizations, pharmacy benefit managers, or other parties that are, by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service) and other relevant information for ascertaining the legal responsibility of such third parties to pay for care and services available under the State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). 5. State incentive to pursue third-party liability for newly eligibles Section 1903(d)(2)(B) of the Social Security Act ( 42 U.S.C. 1396b(d)(2)(B) ), as amended by section 2, is amended by adding at the end the following: In the case of expenditures for medical assistance provided during 2014 and subsequent years for newly eligible individuals (as such term is defined in section 1905(y)) described in subclause (VIII) of section 1902(a)(10)(A)(i), in determining the amount, if any, of overpayment under this subparagraph with respect to such services, the Secretary shall apply the Federal medical assistance percentage for the State under section 1905(b), notwithstanding the application of section 1905(y). . 6. Penalty for non-compliance Subject to section 6(b), for any fiscal year beginning on or after the date that is 1 year after the effective date under section 6, in the case of a State that fails to comply with the additional requirements for the State plan for medical assistance under title XIX of the Social Security Act that are imposed by the amendments made by this Act, the Secretary of Health and Human Services shall reduce the Federal medical assistance percentage (as defined in section 1905(b) of the Social Security Act ( 42 U.S.C. 1396d(b) ) for such State by a percentage point for such fiscal year during which such requirements are not met. To the extent that a State fails to comply with such additional requirements for consecutive fiscal years, the reductions under the previous sentence shall be cumulative for each such subsequent fiscal year. 7. Effective date (a) In general Except as provided in subsection (b) , this Act (other than section 4) and the amendments made by this Act shall take effect on the date of enactment of this Act and shall apply to medical assistance provided on or after such date. (b) Exception if State legislation required In the case of a State plan for medical assistance under title XIX of the Social Security Act that the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made under this section, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. | https://www.govinfo.gov/content/pkg/BILLS-113hr3659ih/xml/BILLS-113hr3659ih.xml |
113-hr-3660 | I 113th CONGRESS 1st Session H. R. 3660 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Cartwright (for himself, Mrs. Napolitano , Mr. Ruiz , Ms. Kaptur , and Mr. Andrews ) 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 require local educational agencies to implement a policy on allergy bullying in schools.
1. Short title This Act may be cited as the Alerting Local Leaders and Ensuring Responsible Guidelines for Youth Act or the ALLERGY Act . 2. Requirement for policies on allergy-related bullying Subpart 2 of 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 redesignating sections 9533 through 9536, as section 9534 through 9537, respectively; and (2) by inserting after section 9532, the following new section: 9533. Requirements for policies on allergy bullying (a) In general As a condition of receiving funds under this Act, a local educational agency shall establish and implement a policy on allergy bullying in the schools served by the local educational agency, which, at a minimum, requires that each such school— (1) educate students, school personnel, and parents about allergy bullying, and that such bullying is against the rules of the school; (2) clearly define what the punishment or response may be for a violation of the rule against allergy bullying, which may include a therapeutic response, where appropriate; (3) have in effect policies and procedures that encourage each victim of allergy bullying to report such bullying to school personnel; and (4) in carrying out the requirements of paragraphs (1) through (3), is in compliance with the requirements of the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ) and the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). (b) Certification As a condition of receiving funds under this Act, a local educational agency shall certify in writing not later than October 1 of each year to the State educational agency involved that the local educational agency has established and implemented the policy described in subsection (a). The State educational agency shall report to the Secretary not later than November 1 of each year a list of those local educational agencies that have not filed a certification or against which complaints have been made to the State educational agency that the local educational agency is not in compliance with this section. (c) Definition The term allergy bullying means unwanted, aggressive behavior by a student toward another student with an allergy and includes— (1) a real or perceived imbalance of power due to such other student’s allergy, such as physical strength, access to embarrassing information, or popularity, to control or harm such other student; and (2) actions such as making threats, spreading rumors, physical or verbal attacks, and excluding such other student from a group on purpose. . 3. Table of contents The table of contents for the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended— (1) by striking the item relating to section 9533 and inserting the following: Sec. 9533. Requirements for policies on allergy bullying. ; (2) by striking the item relating to section 9534 and inserting the following: Sec. 9534. Prohibition on discrimination. ; (3) by striking the item relating to section 9535 and inserting the following: Sec. 9535. Civil Rights. ; (4) by striking the item relating to section 9536 and inserting the following: Sec. 9536. Rulemaking ; and (5) by inserting after the item relating to section 9536, the following: Sec. 9537. Severability. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3660ih/xml/BILLS-113hr3660ih.xml |
113-hr-3661 | I 113th CONGRESS 1st Session H. R. 3661 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Gosar (for himself, Mrs. Kirkpatrick , Mr. Jones , Mr. McClintock , and Mr. Franks of Arizona ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of the Interior or the Secretary of Agriculture to enter into agreements with States and political subdivisions of States providing for the continued operation, in whole or in part, of public land, units of the National Park System, units of the National Wildlife Refuge System, and units of the National Forest System in the State during any period in which the Secretary of the Interior or the Secretary of Agriculture is unable to maintain normal level of operations at the units due to a lapse in appropriations, and for other purposes.
1. Short title This Act may be cited as the Public Access to Public Land Guarantee Act . 2. Findings Congress finds that— (1) public land in the United States is managed and administered for the use and enjoyment of present and future generations; (2) the National Park System (including National Parks, National Monuments, and National Recreation Areas) is managed for the benefit and inspiration of all the people of the United States; (3) the National Wildlife Refuge System is administered for the benefit of present and future generations of people in the United States, with priority consideration for compatible wildlife-dependent general public uses of the National Wildlife Refuge System; (4) the National Forest System is dedicated to the long-term benefit of present and future generations; and (5) the reopening and temporary operation and management of public land, the National Park System, the National Wildlife Refuge System, and the National Forest System using funds from States and political subdivisions of States during periods in which the Federal Government is unable to operate and manage the areas at normal levels due to a lapse in appropriations is consistent with the values and purposes for which those areas were established. 3. Definitions In this Act: (1) Covered unit The term covered unit means— (A) public land; (B) units of the National Park System; (C) units of the National Wildlife Refuge System; or (D) units of the National Forest System. (2) Public land The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 ). (3) Secretary The term Secretary means— (A) the Secretary of the Interior, with respect to land under the jurisdiction of the Secretary of the Interior; or (B) the Secretary of Agriculture, with respect to land under the jurisdiction of the Secretary of Agriculture. 4. Agreement to keep public land open during a government shutdown (a) In general Subject to subsection (b), if a State or political subdivision of the State offers, the Secretary shall enter into an agreement with the State or political subdivision of the State under which the United States may accept funds from the State or political subdivision of the State to reopen, in whole or in part, any covered unit within the State or political subdivision of the State during any period in which there is a lapse in available funds for the covered unit as a result of a failure to enact a regular appropriations bill or continuing resolution. (b) Applicability The authority under subsection (a) shall only be in effect during any period in which the Secretary is unable to operate and manage covered units at normal levels, as determined in accordance with the terms of agreement entered into under subsection (a). (c) Refund The Secretary shall refund to the State or political subdivision of the State all amounts provided to the United States under an agreement entered into under subsection (a)— (1) on the date of enactment of an Act retroactively appropriating amounts sufficient to maintain normal operating levels at the covered unit reopened under an agreement entered into under subsection (a); or (2) on the date on which the State or political subdivision establishes, in accordance with the terms of the agreement, that, during the period in which the agreement was in effect, fees for entrance to, or use of, the covered units were collected by the Secretary. (d) Voluntary reimbursement If the requirements for a refund under subsection (c) are not met, the Secretary may, subject to the availability of appropriations, reimburse the State and political subdivision of the State for any amounts provided to the United States by the State or political subdivision under an agreement entered into under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-113hr3661ih/xml/BILLS-113hr3661ih.xml |
113-hr-3662 | I 113th CONGRESS 1st Session H. R. 3662 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Gibson (for himself and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for the coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Mental Health Access Improvement Act of 2013 . 2. Coverage of marriage and family therapist services and mental health counselor services under part B of the Medicare program (a) Coverage of Services (1) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (A) in subparagraph (EE), by striking and after the semicolon at the end; (B) in subparagraph (FF), by inserting and after the semicolon at the end; and (C) by adding at the end the following new subparagraph: (GG) marriage and family therapist services (as defined in subsection (iii)(1)) and mental health counselor services (as defined in subsection (iii)(3)); . (2) Definitions Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (iii) Marriage and Family Therapist Services; Marriage and Family Therapist; Mental Health Counselor Services; Mental Health Counselor (1) The term marriage and family therapist services means services performed by a marriage and family therapist (as defined in paragraph (2)) for the diagnosis and treatment of mental illnesses, which the marriage and family therapist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as an incident to a physician’s professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. (2) The term marriage and family therapist means an individual who— (A) possesses a master’s or doctoral degree which qualifies for licensure or certification as a marriage and family therapist pursuant to State law; (B) after obtaining such degree has performed at least 2 years of clinical supervised experience in marriage and family therapy; and (C) in the case of an individual performing services in a State that provides for licensure or certification of marriage and family therapists, is licensed or certified as a marriage and family therapist in such State. (3) The term mental health counselor services means services performed by a mental health counselor (as defined in paragraph (4)) for the diagnosis and treatment of mental illnesses which the mental health counselor is legally authorized to perform under State law (or the State regulatory mechanism provided by the State law) of the State in which such services are performed, as would otherwise be covered if furnished by a physician or as incident to a physician’s professional service, but only if no facility or other provider charges or is paid any amounts with respect to the furnishing of such services. (4) The term mental health counselor means an individual who— (A) possesses a master’s or doctor’s degree in mental health counseling or a related field; (B) after obtaining such a degree has performed at least 2 years of supervised mental health counselor practice; and (C) in the case of an individual performing services in a State that provides for licensure or certification of mental health counselors or professional counselors, is licensed or certified as a mental health counselor or professional counselor in such State. . (3) Provision for payment under part B Section 1832(a)(2)(B) of the Social Security Act ( 42 U.S.C. 1395k(a)(2)(B) ) is amended by adding at the end the following new clause: (v) marriage and family therapist services (as defined in section 1861(iii)(1)) and mental health counselor services (as defined in section 1861(iii)(3)); . (4) Amount of payment Section 1833(a)(1) of the Social Security Act (42 U.S.C. 1395 l (a)(1)) is amended— (A) by striking and (Z) and inserting (Z) ; and (B) by inserting before the semicolon at the end the following: , and (AA) with respect to marriage and family therapist services and mental health counselor services under section 1861(s)(2)(GG), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 75 percent of the amount determined for payment of a psychologist under subparagraph (L) . (5) Exclusion of marriage and family therapist services and mental health counselor services from skilled nursing facility prospective payment system Section 1888(e)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395yy(e)(2)(A)(ii) ) is amended by inserting marriage and family therapist services (as defined in section 1861(iii)(1)), mental health counselor services (as defined in section 1861(iii)(3)), after qualified psychologist services, . (6) Inclusion of marriage and family therapists and mental health counselors as practitioners for assignment of claims Section 1842(b)(18)(C) of the Social Security Act ( 42 U.S.C. 1395u(b)(18)(C) ) is amended by adding at the end the following new clauses: (vii) A marriage and family therapist (as defined in section 1861(iii)(2)). (viii) A mental health counselor (as defined in section 1861(iii)(4)). . (b) Coverage of Certain Mental Health Services Provided in Certain Settings (1) Rural health clinics and federally qualified health centers Section 1861(aa)(1)(B) of the Social Security Act ( 42 U.S.C. 1395x(aa)(1)(B) ) is amended by striking or by a clinical social worker (as defined in subsection (hh)(1)) and inserting , by a clinical social worker (as defined in subsection (hh)(1)), by a marriage and family therapist (as defined in subsection (iii)(2)), or by a mental health counselor (as defined in subsection (iii)(4)) . (2) Hospice programs Section 1861(dd)(2)(B)(i)(III) of the Social Security Act ( 42 U.S.C. 1395x(dd)(2)(B)(i)(III) ) is amended by inserting , marriage and family therapist, or mental health counselor after social worker . (c) Authorization of marriage and family therapists and mental health counselors To develop discharge plans for post-Hospital services Section 1861(ee)(2)(G) of the Social Security Act ( 42 U.S.C. 1395x(ee)(2)(G) ) is amended by inserting , including a marriage and family therapist and a mental health counselor who meets qualification standards established by the Secretary before the period at the end. (d) Effective Date The amendments made by this section shall apply with respect to services furnished on or after January 1, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr3662ih/xml/BILLS-113hr3662ih.xml |
113-hr-3663 | I 113th CONGRESS 1st Session H. R. 3663 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mrs. Noem (for herself, Mr. Conaway , Mr. Fitzpatrick , Mr. Roe of Tennessee , Mr. Rodney Davis of Illinois , and Mr. Aderholt ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prohibit regulations establishing certain limits for the school lunch program, and for other purposes.
1. Short title This Act may be cited as the Reducing Federal Mandates on School Lunch Act . 2. Prohibition of regulations establishing certain limits for the school lunch program Beginning on the date of enactment of this Act and until the date of enactment of a law that extends by not less than 5 fiscal years the authorization or duration of 1 or more programs under the Richard B. Russell School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), the Secretary of Agriculture shall not— (1) implement, administer, or enforce part 210 of title 7, Code of Federal Regulations (as such part relates to the establishment of a maximum calorie limit and a maximum quantity of grains, meat, or meat alternatives for the school lunch program), as amended by the final regulations published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.); or (2) promulgate or enforce any new rule or regulation that establishes a maximum calorie limit or maximum quantity of grains, meat, or meat alternatives for the school lunch program established under the Richard B. Russell School Lunch Act ( 42 U.S.C. 1751 et seq. ). 3. Prohibition of other nutrition regulations for certain school food authorities (a) Prohibition (1) In general Beginning on the date of enactment of this Act and until the date of enactment of a law that extends by not less than 5 fiscal years the authorization or duration of 1 or more programs under the Richard B. Russell School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ), the Secretary of Agriculture shall not implement, administer, or enforce the rules or regulations described in subsection (b) with respect to any school food authority that certifies to the State in which the school food authority is located that the school food authority— (A) has calculated the costs of complying with such rules and regulations; and (B) has determined, in a manner consistent with school district operational procedures, that the school food authority is not capable of operating a food service program without increased costs as a result of complying with any or all of such rules and regulations. (2) Prohibition on defining costs For purposes of this subsection, the Secretary of Agriculture shall not— (A) define the phrase costs of complying ; or (B) establish or suggest how a school food authority shall calculate the costs of complying under paragraph (1)(A) or increased costs under paragraph (1)(B). (b) Regulations The rules and regulations described in subsection (a)(1) are the following: (1) The rule entitled National School Lunch Program and School Breakfast Program: Nutrition Standards for All Foods Sold in School as Required by the Healthy, Hunger-Free Kids Act of 2010 published by the Department of Agriculture in the Federal Register on June 28, 2013 (78 Fed. Reg. 39068 et seq.), or any new rule with respect to foods sold in schools other than those foods provided under the Richard B. Russell School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). (2) Part 210 of title 7, Code of Federal Regulations (as amended by the interim regulations published by the Department of Agriculture in the Federal Register on June 17, 2011 (76 Fed Reg. 35301 et seq.)), as such part relates to school lunch price increases, or any new rule or regulation with respect to increasing the price of school lunches under the Richard B. Russell School Lunch Act ( 42 U.S.C. 1751 et seq. ). (3) Part 220 of title 7, Code of Federal Regulations (as amended by the final regulations published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.)), as such part relates to establishing new food-based meal patterns, nutrition standards, and meal planning approaches for the school breakfast program, or any new rule or regulation which establishes new food-based meal patterns, nutrition standards, or meal planning approaches for the school breakfast program established under the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). 4. Rules of construction Nothing in this Act prohibits the Secretary of Agriculture from implementing, administering, or enforcing— (1) any rules or regulations not described in this Act; or (2) parts 210 and 220 of title 7, Code of Federal Regulations, as such parts were in effect on the day before the effective dates of the amendments made to such parts described in paragraphs (2) and (3) of section 3(b), respectively. | https://www.govinfo.gov/content/pkg/BILLS-113hr3663ih/xml/BILLS-113hr3663ih.xml |
113-hr-3664 | I 113th CONGRESS 1st Session H. R. 3664 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Brady of Pennsylvania introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To prohibit the Federal Government from preventing a private business from operating during a Government shutdown on Federal property leased by the business from the Federal Government.
1. Short title This Act may be cited as the Allowing Commerce to Continue in the Event of Successive Shutdowns Act or the ACCESS Act . 2. Prohibition on preventing private businesses from operating on leased Federal property during Government shutdown (a) Prohibition No Federal department or agency may prevent a private business from operating its business during a Government shutdown if the business is located on property leased by the business from the Federal Government. (b) Definition In this Act, the term Government shutdown means a period of a lapse in appropriations for any Federal department or agency as a result of a failure to enact a regular appropriations bill or continuing resolution. | https://www.govinfo.gov/content/pkg/BILLS-113hr3664ih/xml/BILLS-113hr3664ih.xml |
113-hr-3665 | I 113th CONGRESS 1st Session H. R. 3665 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Delaney (for himself, Mr. Goodlatte , Mr. Polis , Mr. Johnson of Georgia , and Ms. Moore ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means , Armed Services , and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the coverage of medically necessary food under Federal health programs, and for other purposes.
1. Short title This Act may be cited as the Medical Foods Equity Act of 2013 . 2. Findings Congress finds the following: (1) Newborns are screened for inborn errors of metabolism, but treatment for such conditions is not uniformly covered by insurance. (2) Each year approximately 2,550 children in the United States are diagnosed with an inborn error of metabolism disorder, requiring foods modified to be void of the nutrient or nutrients the child’s body is incapable of processing, or requiring supplementation with vitamins or amino acids. (3) More than 35 States have passed laws to at least partially address the inequity in coverage for medically necessary foods, critical treatment for such disorders. (4) The cost associated with providing medically necessary foods presents a large financial burden for many families. (5) There is no current cure for inborn errors of metabolism disorders and treatment is necessary during the entire lifespan of the individual. 3. Coverage in certain Federal health programs of medically necessary food and food modified to be low protein (a) Coverage under the Medicare program (1) Coverage of medically necessary food under the original medicare fee-for-service program (A) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (i) in subparagraph (EE), by striking and at the end; (ii) in subparagraph (FF), by inserting and at the end; and (iii) by adding at the end the following new subparagraph: (GG) medically necessary food (as defined in subsection (iii)) and food modified to be low protein that is formulated to be consumed or administered under the supervision of a qualified medical provider, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children, and the medical equipment and supplies necessary to administer such food; . (B) Definition Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (iii) (1) The term medically necessary food — (A) means a food which is formulated to be consumed or administered enterally under the supervision of a physician and which is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation; and (B) includes nutritionally modified counterparts of traditional foods and other forms of foods such as formulas, pills, capsules, and bars, so long as consumed or administered enterally. (2) For purposes of paragraph (1), the term enterally refers to consumption or administration through the gastrointestinal tract, whether orally or by tube. . (C) Payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (i) by striking and before (Z) ; and (ii) by inserting before the semicolon at the end the following: , and (AA) with respect to medically necessary food and pharmacological doses of vitamins and amino acids under section 1861(s)(2)(GG), the amounts paid shall be 80 percent of the lesser of the actual charge for the services or 85 percent of the amount determined under the fee schedule established under section 1848(b) for the same services if furnished by a physician . (2) Inclusion of pharmacological doses of vitamins and amino acids as a covered part D drug (A) In general Section 1860D–2(e)(1) of the Social Security Act ( 42 U.S.C. 1395w–102(e)(1) ) is amended— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B), by striking the comma at the end and inserting ; or ; and (iii) by inserting after subparagraph (B) the following new subparagraph: (C) pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children and as prescribed by a qualified medical provider, . (B) Effective date The amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 6 months after date of enactment of this Act. (b) Coverage under the Medicaid program (1) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (A) in subsection (a)— (i) in paragraph (12), by inserting including pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children and as prescribed by a qualified medical provider, after prescribed drugs, ; (ii) in paragraph (28), by striking and at the end; (iii) by redesignating paragraph (29) as paragraph (30); and (iv) by inserting after paragraph (28) the following new paragraph: (29) medically necessary food (as defined in subsection (ee)) and food modified to be low protein that is formulated to be consumed or administered under the supervision of a qualified medical provider, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children, and the medical equipment and supplies necessary to administer such food; and ; and (B) by adding at the end the following new subsection: (ee) Medically necessary food defined (1) In general For purposes of subsection (a)(29), the term medically necessary food — (A) means a food which is formulated to be consumed or administered enterally under the supervision of a physician and which is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation; and (B) includes nutritionally modified counterparts of traditional foods and other forms of foods such as formulas, pills, capsules, and bars, so long as consumed or administered enterally. (2) Enterally For purposes of paragraph (1), the term enterally refers to consumption or administration through the gastrointestinal tract, whether orally or by tube. . (2) Exception to rebate exclusion Section 1927(d)(2)(E) of the Social Security Act ( 42 U.S.C. 1396r–8(d)(2)(E) ) is amended by inserting , pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children and as prescribed by a qualified medical provider, after prenatal vitamins . (3) Conforming amendment Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) ) is amended, in the matter preceding clause (i), by striking and (28) and inserting (28), and (29) . (4) Exception to effective date if State legislation required In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (c) Coverage under CHIP (1) In general (A) Medically necessary food Section 2103(c) of the Social Security Act ( 42 U.S.C. 1397cc(c) ) is amended by adding at the end the following: (9) Medically necessary food (A) In general The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food and food modified to be low protein that is formulated to be consumed or administered under the supervision of a qualified medical provider, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children, and the medical equipment and supplies necessary to administer such food. (B) Definitions In this paragraph— (i) the term medically necessary food — (I) means a food which is formulated to be consumed or administered enterally under the supervision of a physician and which is intended for the specific dietary management of a disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation; and (II) includes nutritionally modified counterparts of traditional foods and other forms of foods such as formulas, pills, capsules, and bars, so long as consumed or administered enterally; and (ii) the term enterally refers to consumption or administration through the gastrointestinal tract, whether orally or by tube. . (B) Vitamins and amino acids Section 2110(a)(6) of the Social Security Act ( 42 U.S.C. 1397jj(a)(6) ) is amended by striking and biologicals and the administration of such drugs and biologicals, only if such drugs and biologicals and inserting , pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children and as prescribed by a qualified medical provider, and biologicals, and the administration of such drugs, vitamins and amino acids, and biologicals, only if such drugs, vitamins and amino acids, and biologicals . (2) Conforming amendment Section 2103(a) of the Social Security Act ( 42 U.S.C. 1397cc(a) ) is amended, in the matter preceding paragraph (1), by striking , and (7) and inserting , (7), and (9) . (3) Exception to effective date if State legislation required In the case of a State child health plan for child health assistance under title XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this subsection, the State child health plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (d) Availability of medically necessary food, food modified To be low protein, and related items under the TRICARE program Section 1077 of title 10, United States Code, is amended— (1) in subsection (a)(8), by striking including and all that follows and inserting “including the following: (A) Well-baby care that includes one screening of an infant for the level of lead in the blood of the infant. (B) In accordance with subsection (g), medically necessary food (as defined in section 1861(iii) of the Social Security Act) and food modified to be low protein that is formulated to be consumed or administered under the supervision of a qualified medical provider, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children, and the medical equipment and supplies necessary to administer such food. (C) In accordance with subsection (g), pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism and other conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children and as prescribed by a qualified medical provider. ; and (2) by adding at the end the following new subsection: (g) Treatments described in subparagraphs (B) and (C) of subsection (a)(8) may be provided under this section to a patient regardless of the age of the patient. . (e) Coverage under FEHBP (1) In general Section 8904 of title 5, United States Code, is amended by adding at the end the following new subsection: (c) (1) Any health benefits plan offered under this chapter shall, in accordance with paragraph (2), include benefits for— (A) medically necessary food (as defined in section 1861(iii) of the Social Security Act) and food modified to be low protein that is formulated to be consumed or administered under the supervision of a qualified medical provider, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children, and the medical equipment and supplies necessary to administer such food; and (B) pharmacological doses of vitamins and amino acids used for the treatment of inborn errors of metabolism, for the treatment of conditions as recommended by the Advisory Committee on Heritable Disorders in Newborns and Children and as prescribed by a qualified medical provider. (2) Benefits for treatments described in subparagraphs (A) and (B) of paragraph (1) shall be provided under such a health benefits plan to an individual regardless of the age of the individual. . (2) Effective date The amendment made by paragraph (1) shall apply to contract years beginning after the date that is 9 months after the date of enactment of this Act. 4. Effective date Subject to subsections (b)(4) and (c)(3) of section (3), the amendments made by section 3 (other than subsection (e) of such section) shall apply to plan years and contract years beginning after the date that is 6 months after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3665ih/xml/BILLS-113hr3665ih.xml |
113-hr-3666 | I 113th CONGRESS 1st Session H. R. 3666 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Ms. DeLauro (for herself and Mr. Doggett ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Financial Services 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 alleviate the sequestration and to end offshore tax abuses, to preserve our national defense and protect American families and businesses from devastating cuts, and for other purposes.
1. Short title, etc (a) Short title This Act may be cited as the Sequester Delay and Stop Tax Haven Abuse Act . (b) Amendment of 1986 code Except as otherwise expressly provided, whenever in titles II through IV of this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title, etc. Sec. 2. Findings. Title I—Extension of Sequestration Sec. 101. Repeal the 2014 and 2015 sequesters. Sec. 102. Modification of discretionary spending caps for fiscal year 2016. Title II—Deterring the use of tax havens for tax evasion Sec. 201. Authorizing special measures against foreign jurisdictions, financial institutions, and others that significantly impede United States tax enforcement. Sec. 202. Strengthening the Foreign Account Tax Compliance Act (FATCA). Sec. 203. Treatment of foreign corporations managed and controlled in the United States as domestic corporations. Sec. 204. Reporting United States beneficial owners of foreign owned financial accounts. Sec. 205. Swap payments made from the United States to persons offshore. Title III—Other measures To combat tax haven abuses Sec. 301. Country-by-country reporting. Sec. 302. Penalty for failing to disclose offshore holdings. Sec. 303. Deadline for anti-money laundering rule for investment advisers. Sec. 304. Anti-money laundering requirements for formation agents. Sec. 305. Strengthening John Doe summons proceedings. Sec. 306. Improving enforcement of foreign financial account reporting. Title IV—Ending corporate offshore tax avoidance Sec. 401. Allocation of expenses and taxes on basis of repatriation of foreign income. Sec. 402. Current taxation of royalties and other income from intangibles received from a controlled foreign corporation. Sec. 403. Limitations on income shifting through intangible property transfers. Sec. 404. Repeal of check-the-box rules for certain foreign entities and CFC look-thru rules. Sec. 405. Prohibition on offshore loan abuse. 2. Findings The Congress finds the following: (1) Over the last three years, Congress has enacted several rounds of spending cuts that are negatively impacting core government programs and services including medical research, education, public safety, and so much more. These cuts were made worse by sequestration, and the impact of sequestration in 2014 will be worse for the economy, as spending cuts will be larger, begin immediately, and build on the previous rounds of cuts. (2) If sequestration continues into 2014, discretionary spending subject to the Budget Control Act caps will be $123 billion or 11 percent lower than it was in 2010. (3) In October 2013, the International Monetary Fund downwardly revised the GDP growth forecast for the United States by 0.2 percent due to the expectation that sequestration would remain in place through 2014. (4) According to the Congressional Budget Office, repealing the 2014 sequestration cuts would increase real GDP by 0.6 percent and increase employment by 800,000 jobs. (5) The Sequester Delay and Stop Tax Haven Abuse Act will repeal sequestration for 2014 and 2015 and partially reduce sequestration in 2016 without increasing the deficit. (6) United States corporations are paying historically low Federal taxes while reaping all-time high profits. Corporate taxes in 2012 accounted for just 9.9 percent of total revenue, compared with 32.1 percent 60 years earlier, according to the Office of Budget and Management. In 2012, United States corporations kept an estimated $1.9 trillion in undistributed foreign earnings offshore. (7) Corporations avoid Federal taxation in part by using tax loopholes to shift their profits offshore through an increasing number of foreign subsidiaries. In 2008, the Government Accountability Office reported that 83 of the top 100 publicly traded companies had subsidiaries in offshore tax havens. More than two dozen large, profitable United States corporations paid no Federal taxes at all in 2011. (8) The United States is losing an estimated $150 billion a year in revenue to offshore tax-avoidance schemes. In 2008, the Government Accountability Office released information showing 18,857 corporations listed their address of incorporation as the Ugland House in the Cayman Islands, nearly 9,000 of which had a United States billing address. According to Audit Analytics, a private research firm, the estimated $1.9 trillion in United States profits being kept abroad untaxed represents a 70 percent increase over the last 5 years. (9) In 2008, according to an analysis by the Congressional Research Service, American multinational companies collectively reported 43 percent of their foreign earnings in five tax haven countries: Bermuda, Ireland, Luxembourg, the Netherlands, and Switzerland. Yet these countries accounted for only 4 percent of the companies’ foreign workforce and just 7 percent of their foreign investment. (10) According to the Congressional Budget Office, though the statutory corporate tax rate is 35 percent, corporations were actually taxed at an effective rate of 12.1 percent in 2011. (11) The corporate tax share of the American economy is less than the corporate tax share of the economies of our foreign competitors. At 2.7 percent, the United States ranked 17 out of 32 Organisation for Economic Co-operation and Development (OECD) countries, behind Great Britain, Canada, and Japan. (12) Corporate tax loopholes that allow United States corporations to use shell companies and accounting gimmicks to move profits offshore, encourage United States corporations to move jobs and operations overseas, and put domestic firms that pay taxes at a competitive disadvantage should be closed. I Extension of Sequestration 101. Repeal the 2014 and 2015 sequesters (a) Calculation of total deficit reduction and allocation to functions (1) Section 251A(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ) is amended by striking 2013 and inserting 2016 . (2) Paragraph (4) of such section is amended by striking 2014 and inserting 2016 . (3) Paragraphs (5) and (6) of such section are amended by striking 2013 and inserting 2016 . (b) Defense and nondefense function reductions Paragraphs (5) and (6) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking 2013 and inserting 2016 each place it appears. (c) Implementing discretionary reductions Section 251A(7)(B) of such Act is amended by striking 2014 and inserting 2016 each place it appears. (d) Conforming change Upon the date of enactment of this Act, the report entitled OMB Sequestration Preview Report to the President and Congress for Fiscal Year 2014 and OMB Report to the Congress on the Joint Committee Reductions for Fiscal Year 2014 , issued on April 10, 2013, and corrected on May 20, 2013, shall have no force or effect. 102. Modification of discretionary spending caps for fiscal year 2016 Section 251(c)(5) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by increasing the budget authority for fiscal year 2016 for the security category by $22,992,000,000,000 and for the nonsecurity category by $15,652,000,000,000. II Deterring the use of tax havens for tax evasion 201. Authorizing special measures against foreign jurisdictions, financial institutions, and others that significantly impede United States tax enforcement Section 5318A of title 31, United States Code, is amended— (1) by striking the section heading and inserting the following: 5318A. Special measures for jurisdictions, financial institutions, or international transactions that are of primary money laundering concern or significantly impede United States tax enforcement ; (2) in subsection (a), by striking the subsection heading and inserting the following: (a) Special measures To counter money laundering and efforts to significantly impede United States tax enforcement ; (3) in subsection (c)— (A) by striking the subsection heading and inserting the following: (c) Consultations and information To be considered in finding jurisdictions, institutions, types of accounts, or transactions To be of primary money laundering concern or To be significantly impeding United States tax enforcement ; and (B) by inserting at the end of paragraph (2) thereof the following new subparagraph: (C) Other considerations The fact that a jurisdiction or financial institution is cooperating with the United States on implementing the requirements specified in chapter 4 of the Internal Revenue Code of 1986 may be favorably considered in evaluating whether such jurisdiction or financial institution is significantly impeding United States tax enforcement. ; (4) in subsection (a)(1), by inserting or is significantly impeding United States tax enforcement after primary money laundering concern ; (5) in subsection (a)(4)— (A) in subparagraph (A)— (i) by inserting in matters involving money laundering, before shall consult ; and (ii) by striking and at the end; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: (B) in matters involving United States tax enforcement, shall consult with the Commissioner of the Internal Revenue, the Secretary of State, the Attorney General of the United States, and in the sole discretion of the Secretary, such other agencies and interested parties as the Secretary may find to be appropriate; and ; (6) in each of paragraphs (1)(A), (2), (3), and (4) of subsection (b), by inserting or to be significantly impeding United States tax enforcement after primary money laundering concern each place that term appears; (7) in subsection (b), by striking paragraph (5) and inserting the following: (5) Prohibitions or conditions on opening or maintaining certain correspondent or payable-through accounts or authorizing certain payment cards If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, or 1 or more classes of transactions within or involving a jurisdiction outside of the United States to be of primary money laundering concern or to be significantly impeding United States tax enforcement, the Secretary, in consultation with the Secretary of State, the Attorney General of the United States, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit, or impose conditions upon— (A) the opening or maintaining in the United States of a correspondent account or payable-through account; or (B) the authorization, approval, or use in the United States of a credit card, charge card, debit card, or similar credit or debit financial instrument by any domestic financial institution, financial agency, or credit card company or association, for or on behalf of a foreign banking institution, if such correspondent account, payable-through account, credit card, charge card, debit card, or similar credit or debit financial instrument, involves any such jurisdiction or institution, or if any such transaction may be conducted through such correspondent account, payable-through account, credit card, charge card, debit card, or similar credit or debit financial instrument. ; and (8) in subsection (c)(1), by inserting or is significantly impeding United States tax enforcement after primary money laundering concern ; (9) in subsection (c)(2)(A)— (A) in clause (ii), by striking bank secrecy or special regulatory advantages and inserting bank, tax, corporate, trust, or financial secrecy or regulatory advantages ; (B) in clause (iii), by striking supervisory and counter-money and inserting supervisory, international tax enforcement, and counter-money ; (C) in clause (v), by striking banking or secrecy and inserting banking, tax, or secrecy ; and (D) in clause (vi), by inserting , tax treaty, or tax information exchange agreement after treaty ; (10) in subsection (c)(2)(B)— (A) in clause (i), by inserting or tax evasion after money laundering ; and (B) in clause (iii), by inserting , tax evasion, after money laundering ; and (11) in subsection (d), by inserting involving money laundering, and shall notify, in writing, the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of any such action involving United States tax enforcement after such action . 202. Strengthening the Foreign Account Tax Compliance Act (FATCA) (a) Reporting activities with respect to passive foreign investment companies Section 1298(f) is amended by inserting , or who directly or indirectly forms, transfers assets to, is a beneficiary of, has a beneficial interest in, or receives money or property or the use thereof from, after shareholder of . (b) Withholdable payments to foreign financial institutions Section 1471(d) is amended— (1) by inserting or transaction after any depository in paragraph (2)(A), and (2) by striking or any interest and all that follows in paragraph (5)(C) and inserting derivatives, or any interest (including a futures or forward contract, swap, or option) in such securities, partnership interests, commodities, or derivatives. . (c) Withholdable payments to other foreign financial institutions Section 1472 is amended— (1) by inserting as a result of any customer identification, anti-money laundering, anti-corruption, or similar obligation to identify account holders, after reason to know, in subsection (b)(2), and (2) by inserting as posing a low risk of tax evasion after this subsection in subsection (c)(1)(G). (d) Definitions Clauses (i) and (ii) of section 1473(2)(A) are each amended by inserting or as a beneficial owner after indirectly . (e) Special rules Section 1474(c) is amended— (1) by inserting , except that information provided under sections 1471(c) or 1472(b) may be disclosed to any Federal law enforcement agency, upon request or upon the initiation of the Secretary, to investigate or address a possible violation of United States law after shall apply in paragraph (1), and (2) by inserting , or has had an agreement terminated under such section, after section 1471(b) in paragraph (2). (f) Information with respect to foreign financial assets Section 6038D(a) is amended by inserting ownership or beneficial ownership after holds any . (g) Establishing presumptions for entities and transactions involving non-FATCA institutions (1) Presumptions for tax purposes (A) In general Chapter 76 is amended by inserting after section 7491 the following new subchapter: F Presumptions for certain legal proceedings Sec. 7492. Presumptions pertaining to entities and transactions involving non-FATCA institutions. 7492. Presumptions pertaining to entities and transactions involving non-FATCA institutions (a) Control For purposes of any United States civil judicial or administrative proceeding to determine or collect tax, there shall be a rebuttable presumption that a United States person who, directly or indirectly, formed, transferred assets to, was a beneficiary of, had a beneficial interest in, or received money or property or the use thereof from an entity, including a trust, corporation, limited liability company, partnership, or foundation, that holds an account, or in any other manner has assets, in a non-FATCA institution, exercised control over such entity. The presumption of control created by this subsection shall not be applied to prevent the Secretary from determining or arguing the absence of control. (b) Transfers of income For purposes of any United States civil judicial or administrative proceeding to determine or collect tax, there shall be a rebuttable presumption that any amount or thing of value received by a United States person directly or indirectly from an account or from an entity that holds an account, or in any other manner has assets, in a non-FATCA institution, constitutes income of such person taxable in the year of receipt; and any amount or thing of value paid or transferred by or on behalf of a United States person directly or indirectly to an account, or entity that holds an account, or in any other manner has assets, in a non-FATCA institution, represents previously unreported income of such person taxable in the year of the transfer. (c) Rebutting the presumptions The presumptions established in this section may be rebutted only by clear and convincing evidence, including detailed documentary, testimonial, and transactional evidence, establishing that— (1) in subsection (a), such taxpayer exercised no control, directly or indirectly, over account or entity at the time in question, and (2) in subsection (b), such amounts or things of value did not represent income related to such United States person. Any court having jurisdiction of a civil proceeding in which control of such an offshore account or offshore entity or the income character of such receipts or amounts transferred is an issue shall prohibit the introduction by the taxpayer of any foreign based document that is not authenticated in open court by a person with knowledge of such document, or any other evidence supplied by a person outside the jurisdiction of a United States court, unless such person appears before the court. . (B) The table of subchapters for chapter 76 is amended by inserting after the item relating to subchapter E the following new item: Subchapter F—Presumptions for certain legal proceedings . (2) Definition of non-fatca institution Section 7701(a) is amended by adding at the end the following new paragraph: (51) Non-fatca institution The term non-FATCA institution means any financial institution that does not meet the reporting requirements of section 1471(b). . (3) Presumptions for securities law purposes Section 21 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u ) is amended by adding at the end the following new subsection: (j) Presumptions pertaining to control and beneficial ownership (1) Control For purposes of any civil judicial or administrative proceeding under this title, there shall be a rebuttable presumption that a United States person who, directly or indirectly, formed, transferred assets to, was a beneficiary of, had a beneficial interest in, or received money or property or the use thereof from an entity, including a trust, corporation, limited liability company, partnership, or foundation, that holds an account, or in any other manner has assets, in a non-FATCA institution (as defined in section 7701(a)(51) of the Internal Revenue Code of 1986), exercised control over such entity. The presumption of control created by this paragraph shall not be applied to prevent the Commission from determining or arguing the absence of control. (2) Beneficial ownership For purposes of any civil judicial or administrative proceeding under this title, there shall be a rebuttable presumption that securities that are nominally owned by an entity, including a trust, corporation, limited liability company, partnership, or foundation, and that are held in a non-FATCA institution (as so defined), are beneficially owned by any United States person who directly or indirectly exercised control over such entity. The presumption of beneficial ownership created by this paragraph shall not be applied to prevent the Commission from determining or arguing the absence of beneficial ownership. . (4) Presumption for reporting purposes relating to foreign financial accounts Section 5314 of title 31, United States Code, is amended by adding at the end the following new subsection: (d) Rebuttable presumption For purposes of this section, there shall be a rebuttable presumption that any account with a non-FATCA institution (as defined in section 7701(a)(51) of the Internal Revenue Code of 1986) contains funds in an amount that is at least sufficient to require a report prescribed by regulations under this section. . (5) Regulatory authority Not later than 180 days after the date of enactment of this Act, the Secretary of the Treasury and the Chairman of the Securities and Exchange Commission shall each adopt regulations or other guidance necessary to implement the amendments made by this subsection. The Secretary and the Chairman may, by regulation or guidance, provide that the presumption of control shall not extend to particular classes of transactions, such as corporate reorganizations or transactions below a specified dollar threshold, if either determines that applying such amendments to such transactions is not necessary to carry out the purposes of such amendments. (h) Effective date The amendments made by this section shall take effect on the date which is 180 days after the date of enactment of this Act, whether or not regulations are issued under subsection (g)(5). 203. Treatment of foreign corporations managed and controlled in the United States as domestic corporations (a) In general Section 7701 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: (p) Certain corporations managed and controlled in the United States treated as domestic for income tax (1) In general Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if— (A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but (B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. (2) Corporation described (A) In general A corporation is described in this paragraph if— (i) the stock of such corporation is regularly traded on an established securities market, or (ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. (B) General exception A corporation shall not be treated as described in this paragraph if— (i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, (ii) such corporation— (I) is not regularly traded on an established securities market, and (II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and (iii) the Secretary grants a waiver to such corporation under this subparagraph. (3) Management and control (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. (B) Executive officers and senior management Such regulations shall provide that— (i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and (ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). (C) Corporations primarily holding investment assets Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if— (i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and (ii) decisions about how to invest the assets are made in the United States. . (b) Effective date The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act, whether or not regulations are issued under section 7701(p)(3) of the Internal Revenue Code of 1986, as added by this section. 204. Reporting United States beneficial owners of foreign owned financial accounts (a) In general Subpart B of part III of subchapter A of chapter 61 is amended by inserting after section 6045B the following new sections: 6045C. Returns regarding United States beneficial owners of financial accounts located in the United States and held in the name of a foreign entity (a) Requirement of return If— (1) any withholding agent under sections 1441 and 1442 has the control, receipt, custody, disposal, or payment of any amount constituting gross income from sources within the United States of any foreign entity, including a trust, corporation, limited liability company, partnership, or foundation (other than an entity with shares regularly traded on an established securities market), and (2) such withholding agent determines for purposes of titles 14, 18, or 31 of the United States Code that a United States person has any beneficial interest in the foreign entity or in the account in such entity's name (hereafter in this section referred to as United States beneficial owner ), then the withholding agent shall make a return according to the forms or regulations prescribed by the Secretary. (b) Required information For purposes of subsection (a) the information required to be included on the return shall include— (1) the name, address, and, if known, the taxpayer identification number of the United States beneficial owner, (2) the known facts pertaining to the relationship of such United States beneficial owner to the foreign entity and the account, (3) the gross amount of income from sources within the United States (including gross proceeds from brokerage transactions), and (4) such other information as the Secretary may by forms or regulations provide. (c) Statements To Be furnished to beneficial owners with respect to whom information is required To Be reported A withholding agent required to make a return under subsection (a) shall furnish to each United States beneficial owner whose name is required to be set forth in such return a statement showing— (1) the name, address, and telephone 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 such United States beneficial owner. The written statement required under the preceding sentence shall be furnished to the United States beneficial owner on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. In the event the person filing such return does not have a current address for the United States beneficial owner, such written statement may be mailed to the address of the foreign entity. 6045D. Returns by financial institutions regarding establishment of accounts in non-FATCA institutions (a) Requirement of return Any financial institution directly or indirectly opening a bank, brokerage, or other financial account for or on behalf of an offshore entity, including a trust, corporation, limited liability company, partnership, or foundation (other than an entity with shares regularly traded on an established securities market), in a non-FATCA institution (as defined in section 7701(a)(51)) at the direction of, on behalf of, or for the benefit of a United States person shall make a return according to the forms or regulations prescribed by the Secretary. (b) Required information For purposes of subsection (a) the information required to be included on the return shall include— (1) the name, address, and taxpayer identification number of such United States person, (2) the name and address of the financial institution at which a financial account is opened, the type of account, the account number, the name under which the account was opened, and the amount of the initial deposit, (3) if the account is held in the name of an entity, the name and address of such entity, the type of entity, and the name and address of any company formation agent or other professional employed to form or acquire the entity, and (4) such other information as the Secretary may by forms or regulations provide. (c) Statements To be furnished to United States persons with respect to whom information is required To be reported A financial institution required to make a return under subsection (a) shall furnish to each United States person whose name is required to be set forth in such return a statement showing— (1) the name, address, and telephone 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 such United States person. The written statement required under the preceding sentence shall be furnished to such United States 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) Exemption The Secretary may by regulations exempt any class of United States persons or any class of accounts or entities from the requirements of this section if the Secretary determines that applying this section to such persons, accounts, or entities is not necessary to carry out the purposes of this section. . (b) Penalties (1) Returns Section 6724(d)(1)(B) is amended by striking or at the end of clause (xxiv), by striking and at the end of clause (xxv), and by adding after clause (xxv) the following new clauses: (xxvi) section 6045C(a) (relating to returns regarding United States beneficial owners of financial accounts located in the United States and held in the name of a foreign entity), or (xxvii) section 6045D(a) (relating to returns by financial institutions regarding establishment of accounts at non-FATCA institutions), and . (2) Payee statements Section 6724(d)(2) is amended by striking or at the end of subparagraph (GG), by striking the period at the end of subparagraph (HH), and by inserting after subparagraph (HH) the following new subparagraphs: (II) section 6045C(c) (relating to returns regarding United States beneficial owners of financial accounts located in the United States and held in the name of a foreign entity), (JJ) section 6045D(c) (relating to returns by financial institutions regarding establishment of accounts at non-FATCA institutions). . (c) Clerical amendment 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 6045B the following new items: Sec. 6045C. Returns regarding United States beneficial owners of financial accounts located in the United States and held in the name of a foreign entity. Sec. 6045D. Returns by financial institutions regarding establishment of accounts at non-FATCA institutions. . (d) Additional penalties (1) Additional penalties on banks Section 5239(b)(1) of the Revised Statutes of the United States ( 12 U.S.C. 93(b)(1) ) is amended by inserting or any of the provisions of section 6045D of the Internal Revenue Code of 1986, after any regulation issued pursuant to, . (2) Additional penalties on securities firms Section 21(d)(3)(A) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(A) ) is amended by inserting any of the provisions of section 6045D of the Internal Revenue Code of 1986, after the rules or regulations thereunder, . (e) Regulatory authority and effective date (1) Regulatory Authority Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall adopt regulations, forms, or other guidance necessary to implement this section. (2) Effective Date Section 6045C of the Internal Revenue Code of 1986 (as added by this section) and the amendment made by subsection (d)(1) shall take effect with respect to amounts paid into foreign owned accounts located in the United States after December 31 of the year of the date of the enactment of this Act. Section 6045D of such Code (as so added) and the amendment made by subsection (d)(2) shall take effect with respect to accounts opened after December 31 of the year of the date of the enactment of this Act. 205. Swap payments made from the United States to persons offshore (a) Tax on swap payments received by foreign persons Section 871(a)(1) is amended— (1) by inserting swap payments (as identified in section 1256(b)(2)(B)), after annuities, in subparagraph (A), and (2) by adding at the end the following new sentence: In the case of swap payments, the source of a swap payment is determined by reference to the location of the payor. . (b) Tax on swap payments received by foreign corporations Section 881(a) is amended— (1) by inserting swap payments (as identified in section 1256(b)(2)(B)), after annuities, in paragraph (1), and (2) by adding at the end the following new sentence: In the case of swap payments, the source of a swap payment is determined by reference to the location of the payor. . III Other measures To combat tax haven abuses 301. Country-by-country reporting (a) Country-by-Country reporting Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following new subsection: (s) Disclosure of financial performance on a country-by-Country basis (1) Definitions In this subsection— (A) the term issuer group means the issuer, each subsidiary of the issuer, and each entity under the control of the issuer; and (B) the term country of operation means each country in which a member of the issuer group is incorporated, organized, maintains employees, or conducts significant business activities. (2) Rules required The Commission shall issue rules that require each issuer to include in an annual report filed by the issuer with the Commission information on a country-by-country basis during the covered period, consisting of— (A) a list of each country of operation and the name of each entity of the issuer group domiciled in each country of operation; (B) the number of employees physically working in each country of operation; (C) the total pre-tax gross revenues of each member of the issuer group in each country of operation; (D) the total amount of payments made to governments by each member of the issuer group in each country of operation, without exception, including, and set forth according to— (i) total Federal, regional, local, and other tax assessed against each member of the issuer group with respect to each country of operation during the covered period; and (ii) after any tax deductions, tax credits, tax forgiveness, or other tax benefits or waivers, the total amount of tax paid from the treasury of each member of the issuer group to the government of each country of operation during the covered period; and (E) such other financial information as the Commission may determine is necessary or appropriate in the public interest or for the protection of investors. . (b) Rulemaking (1) Deadlines The Securities and Exchange Commission (in this section referred to as the Commission ) shall— (A) not later than 270 days after the date of enactment of this Act, issue a proposed rule to carry out this section and the amendment made by this section; and (B) not later than 1 year after the date of enactment of this Act, issue a final rule to carry out this section and the amendment made by this section. (2) Data format The information required to be provided by this section shall be provided by the issuer in a report in a format prescribed by the Commission, and such report shall be made available to the public online, in such format as the Commission shall prescribe. (3) Effective date Subsection (s) of section 13 of the Securities Exchange Act of 1934, as added by this section, shall become effective 1 year after the date on which the Commission issues a final rule under this section. 302. Penalty for failing to disclose offshore holdings (a) Securities Exchange Act of 1934 Section 21(d)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(B) ) is amended by adding at the end the following: (iv) Fourth tier Notwithstanding clauses (i), (ii), and (iii), for each violation, the amount of the penalty shall not exceed $1,000,000 for any natural person or $10,000,000 for any other person, if— (I) such person directly or indirectly controlled any foreign entity, including any trust, corporation, limited liability company, partnership, or foundation through which an issuer purchased, sold, or held equity or debt instruments; (II) such person knowingly or recklessly failed to disclose any such holding, purchase, or sale by the issuer; and (III) the holding, purchase, or sale would have been otherwise subject to disclosure by the issuer or such person under this title. . (b) Securities Act of 1933 Section 20(d)(2) of the Securities Act of 1933 ( 15 U.S.C. 77t(d)(2) ) is amended by adding at the end the following: (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), for each violation, the amount of the penalty shall not exceed $1,000,000 for any natural person or $10,000,000 for any other person, if— (i) such person directly or indirectly controlled any foreign entity, including any trust, corporation, limited liability company, partnership, or foundation through which an issuer purchased, sold, or held equity or debt instruments; (ii) such person knowingly or recklessly failed to disclose any such holding, purchase, or sale by the issuer; and (iii) the holding, purchase, or sale would have been otherwise subject to disclosure by the issuer or such person under this title. . (c) Investment Advisers Act of 1940 Section 203(i)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(i)(2) ) is amended by adding at the end the following: (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), for each violation, the amount of the penalty shall not exceed $1,000,000 for any natural person or $10,000,000 for any other person, if— (i) such person directly or indirectly controlled any foreign entity, including any trust, corporation, limited liability company, partnership, or foundation through which an issuer purchased, sold, or held equity or debt instruments; (ii) such person knowingly or recklessly failed to disclose any such holding, purchase, or sale by the issuer; and (iii) the holding, purchase, or sale would have been otherwise subject to disclosure by the issuer or such person under this title. . 303. Deadline for anti-money laundering rule for investment advisers (a) Anti-Money laundering obligations for investment advisers Section 5312(a)(2) of title 31, United States Code, is amended— (1) in subparagraph (Y), by striking or at the end; (2) by redesignating subparagraph (Z) as subparagraph (BB); and (3) by inserting after subparagraph (Y) the following: (Z) an investment adviser; . (b) Rules required The Secretary of the Treasury shall— (1) in consultation with the Chairman of the Securities and Exchange Commission and the Chairman of the Commodity Futures Trading Commission, not later than 270 days after the date of enactment of this Act, publish a proposed rule in the Federal Register to carry out the amendments made by this section; and (2) not later than 180 days after the date of enactment of this Act, publish a final rule in the Federal Register on the matter described in paragraph (1). (c) Contents The final rule published under this section shall require, at a minimum, each investment adviser (as defined in section 202(a)(11) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a)(11) )) registered with the Securities and Exchange Commission pursuant to section 203 of that Act ( 15 U.S.C. 80b–3 )— (1) to submit suspicious activity reports and establish an anti-money laundering program under subsections (g) and (h), respectively, of section 5318 of title 31, United States Code; and (2) to comply with— (A) the customer identification program requirements under section 5318(l) of title 31, United States Code; and (B) the due diligence requirements under section 5318(i) of title 31, United States Code. 304. Anti-money laundering requirements for formation agents (a) Anti-Money laundering obligations for formation agents Section 5312(a)(2) of title 31, United States Code, as amended by section 303 of this Act, is amended by inserting after subparagraph (Z) the following: (AA) any person engaged in the business of forming new corporations, limited liability companies, partnerships, trusts, or other legal entities; or . (b) Deadline for anti-Money laundering rule for formation agents (1) Proposed rule The Secretary of the Treasury, in consultation with the Attorney General of the United States, the Secretary of Homeland Security, and the Commissioner of Internal Revenue, shall— (A) not later than 120 days after the date of enactment of this Act, publish a proposed rule in the Federal Register requiring persons described in section 5312(a)(2)(AA) of title 31, United States Code, as added by this section, to establish anti-money laundering programs under section 5318(h) of that title; and (B) not later than 270 days after the date of enactment of this Act, publish a final rule in the Federal Register on the matter described in subparagraph (A). (2) Exclusions The rule promulgated under this subsection shall exclude from the category of persons engaged in the business of forming new corporations or other entities— (A) any government agency; and (B) any attorney or law firm that uses a paid formation agent operating within the United States to form such corporations or other entities. 305. Strengthening John Doe summons proceedings (a) In general Subsection (f) of section 7609 is amended to read as follows: (f) Additional requirement in the case of a John Doe summons (1) General Rule Any summons described in subsection (c)(1) which does not identify the person with respect to whose liability the summons is issued may be served only after a court proceeding in which the Secretary establishes that— (A) the summons relates to the investigation of a particular person or ascertainable group or class of persons, (B) there is a reasonable basis for believing that such person or group or class of persons may fail or may have failed to comply with any provision of any internal revenue law, and (C) the information sought to be obtained from the examination of the records or testimony (and the identity of the person or persons with respect to whose liability the summons is issued) is not readily available from other sources. (2) Exception Paragraph (1) shall not apply to any summons which specifies that it is limited to information regarding a United States correspondent account (as defined in section 5318A(e)(1)(B) of title 31, United States Code) or a United States payable-through account (as defined in section 5318A(e)(1)(C) of such title) of a financial institution that is held at a non-FATCA institution (as defined in section 7701(a)(51)). (3) Presumption in cases involving non-fatca institutions For purposes of this section, in any case in which the particular person or ascertainable group or class of persons have financial accounts in or transactions related to a non-FATCA institution (as defined in section 7701(a)(51)), there shall be a presumption that there is a reasonable basis for believing that such person or group or class of persons may fail or may have failed to comply with provisions of internal revenue law. (4) Project John Doe summonses (A) In general Notwithstanding the requirements of paragraph (1), the Secretary may issue a summons described in paragraph (1) if the summons— (i) relates to a project which is approved under subparagraph (B), (ii) is issued to a person who is a member of the group or class established under subparagraph (B)(i), and (iii) is issued within 3 years of the date on which such project was approved under subparagraph (B). (B) Approval of projects A project may only be approved under this subparagraph after a court proceeding in which the Secretary establishes that— (i) any summons issued with respect to the project will be issued to a member of an ascertainable group or class of persons, and (ii) any summons issued with respect to such project will meet the requirements of paragraph (1). (C) Extension Upon application of the Secretary, the court may extend the time for issuing such summonses under subparagraph (A)(i) for additional 3-year periods, but only if the court continues to exercise oversight of such project under subparagraph (D). (D) Ongoing court oversight During any period in which the Secretary is authorized to issue summonses in relation to a project approved under subparagraph (B) (including during any extension under subparagraph (C)), the Secretary shall report annually to the court on the use of such authority, provide copies of all summonses with such report, and comply with the court's direction with respect to the issuance of any John Doe summons under such project. . (b) Jurisdiction of court (1) In general Paragraph (1) of section 7609(h) is amended by inserting after the first sentence the following new sentence: Any United States district court in which a member of the group or class to which a summons may be issued resides or is found shall have jurisdiction to hear and determine the approval of a project under subsection (f)(2)(B). . (2) Conforming amendment The first sentence of section 7609(h)(1) is amended by striking (f) and inserting (f)(1) . (c) Effective date The amendments made by this section shall apply to summonses issued after the date of the enactment of this Act. 306. Improving enforcement of foreign financial account reporting (a) Clarifying the connection of foreign financial account reporting to tax administration Paragraph (4) of section 6103(b) is amended by adding at the end the following new sentence: For purposes of subparagraph (A)(i), section 5314 of title 31, United States Code, and sections 5321 and 5322 of such title (as such sections pertain to such section 5314), shall be considered related statutes. . (b) Simplifying the calculation of foreign financial account reporting penalties Section 5321(a)(5)(D)(ii) of title 31, United States Code, is amended by striking the balance in the account at the time of the violation and inserting the highest balance in the account during the reporting period to which the violation relates . (c) Clarifying the use of suspicious activity reports under the Bank Secrecy Act for civil tax law enforcement Section 5319 of title 31, United States Code, is amended by inserting the civil and criminal enforcement divisions of the Internal Revenue Service, after including . IV Ending corporate offshore tax avoidance 401. Allocation of expenses and taxes on basis of repatriation of foreign income (a) In general Part III of subchapter N of chapter 1 is amended by inserting after subpart G the following new subpart: H Special Rules for Allocation of Foreign-Related Deductions and Foreign Tax Credits Sec. 975. Deductions allocated to deferred foreign income may not offset United States source income. Sec. 976. Amount of foreign taxes computed on overall basis. Sec. 977. Application of subpart. 975. Deductions allocated to deferred foreign income may not offset United States source income (a) Current year deductions For purposes of this chapter, foreign-related deductions for any taxable year— (1) shall be taken into account for such taxable year only to the extent that such deductions are allocable to currently-taxed foreign income, and (2) to the extent not so allowed, shall be taken into account in subsequent taxable years as provided in subsection (b). Foreign-related deductions shall be allocated to currently taxed foreign income in the same proportion which currently taxed foreign income bears to the sum of currently taxed foreign income and deferred foreign income. (b) Deductions related to repatriated deferred foreign income (1) In general If there is repatriated foreign income for a taxable year, the portion of the previously deferred deductions allocated to the repatriated foreign income shall be taken into account for the taxable year as a deduction allocated to income from sources outside the United States. Any such amount shall not be included in foreign-related deductions for purposes of applying subsection (a) to such taxable year. (2) Portion of previously deferred deductions For purposes of paragraph (1), the portion of the previously deferred deductions allocated to repatriated foreign income is— (A) the amount which bears the same proportion to such deductions, as (B) the repatriated income bears to the previously deferred foreign income. (c) Definitions and special rule For purposes of this section— (1) Foreign-related deductions The term foreign-related deductions means the total amount of deductions and expenses which would be allocated or apportioned to gross income from sources without the United States for the taxable year if both the currently-taxed foreign income and deferred foreign income were taken into account. (2) Currently-taxed foreign income The term currently-taxed foreign income means the amount of gross income from sources without the United States for the taxable year (determined without regard to repatriated foreign income for such year). (3) Deferred foreign income The term deferred foreign income means the excess of— (A) the amount that would be includible in gross income under subpart F of this part for the taxable year if— (i) all controlled foreign corporations were treated as one controlled foreign corporation, and (ii) all earnings and profits of all controlled foreign corporations were subpart F income (as defined in section 952), over (B) the sum of— (i) all dividends received during the taxable year from controlled foreign corporations, plus (ii) amounts includible in gross income under section 951(a). (4) Previously deferred foreign income The term previously deferred foreign income means the aggregate amount of deferred foreign income for all prior taxable years to which this part applies, determined as of the beginning of the taxable year, reduced by the repatriated foreign income for all such prior taxable years. (5) Repatriated foreign income The term repatriated foreign income means the amount included in gross income on account of distributions out of previously deferred foreign income. (6) Previously deferred deductions The term previously deferred deductions means the aggregate amount of foreign-related deductions not taken into account under subsection (a) for all prior taxable years (determined as of the beginning of the taxable year), reduced by any amounts taken into account under subsection (b) for such prior taxable years. (7) Treatment of certain foreign taxes (A) Paid by controlled foreign corporation Section 78 shall not apply for purposes of determining currently-taxed foreign income and deferred foreign income. (B) Paid by taxpayer For purposes of determining currently-taxed foreign income, gross income from sources without the United States shall be reduced by the aggregate amount of taxes described in the applicable paragraph of section 901(b) which are paid by the taxpayer (without regard to sections 902 and 960) during the taxable year. (8) Coordination with section 976 In determining currently-taxed foreign income and deferred foreign income, the amount of deemed foreign tax credits shall be determined with regard to section 976. 976. Amount of foreign taxes computed on overall basis (a) Current year allowance For purposes of this chapter, the amount taken into account as foreign income taxes for any taxable year shall be an amount which bears the same ratio to the total foreign income taxes for that taxable year as— (1) the currently-taxed foreign income for such taxable year, bears to (2) the sum of the currently-taxed foreign income and deferred foreign income for such year. The portion of the total foreign income taxes for any taxable year not taken into account under the preceding sentence for a taxable year shall only be taken into account as provided in subsection (b) (and shall not be taken into account for purposes of applying sections 902 and 960). (b) Allowance related to repatriated deferred foreign income (1) In general If there is repatriated foreign income for any taxable year, the portion of the previously deferred foreign income taxes paid or accrued during such taxable year shall be taken into account for the taxable year as foreign taxes paid or accrued. Any such taxes so taken into account shall not be included in foreign income taxes for purposes of applying subsection (a) to such taxable year. (2) Portion of previously deferred foreign income taxes For purposes of paragraph (1), the portion of the previously deferred foreign income taxes allocated to repatriated deferred foreign income is— (A) the amount which bears the same proportion to such taxes, as (B) the repatriated deferred income bears to the previously deferred foreign income. (c) Definitions and special rule For purposes of this section— (1) Previously deferred foreign income taxes The term previously deferred foreign income taxes means the aggregate amount of total foreign income taxes not taken into account under subsection (a) for all prior taxable years (determined as of the beginning of the taxable year), reduced by any amounts taken into account under subsection (b) for such prior taxable years. (2) Total foreign income taxes The term total foreign income taxes means the sum of foreign income taxes paid or accrued during the taxable year (determined without regard to section 904(c)) plus the increase in foreign income taxes that would be paid or accrued during the taxable year under sections 902 and 960 if— (A) all controlled foreign corporations were treated as one controlled foreign corporation, and (B) all earnings and profits of all controlled foreign corporations were subpart F income (as defined in section 952). (3) Foreign income taxes The term foreign income taxes means any income, war profits, or excess profits taxes paid by the taxpayer to any foreign country or possession of the United States. (4) Currently-taxed foreign income and deferred foreign income The terms currently-taxed foreign income and deferred foreign income have the meanings given such terms by section 975(c)). 977. Application of subpart This subpart— (1) shall be applied before subpart A, and (2) shall be applied separately with respect to the categories of income specified in section 904(d)(1). . (b) Clerical amendment The table of subparts for part III of subpart N of chapter 1 is amended by inserting after the item relating to subpart G the following new item: Subpart H. Special Rules for Allocation of Foreign-Related Deductions and Foreign Tax Credits . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 402. Current taxation of royalties and other income from intangibles received from a controlled foreign corporation (a) Repeal of look-Thru rule for royalties received from controlled foreign corporations Paragraph (6) of section 954(c) is amended— (1) by striking rents, and royalties in subparagraph (A) and inserting and rents , and (2) by striking , rent, or royalty both places it appears in subparagraph (B) and inserting or rent . (b) Entities not permitted To be disregarded in determining royalties Subsection (c) of section 954 is amended by adding at the end the following new paragraph: (7) All royalties taken into account For purposes of determining the foreign personal holding company income which consists of royalties, this subsection shall be applied without regard to any election to disregard any entity which would be taken into account for Federal income tax purposes but for such election. . (c) Certain other income derived from united states intangibles taken into account as subpart f income Subsection (d) of section 954 is amended by adding at the end the following new paragraph: (5) Special rule for certain products produced pursuant to intangibles made available by united states persons For purposes of this subsection, personal property shall be treated as having been purchased from a related person if any intangible property (within the meaning of section 936(h)(3)(B)) made available to a controlled foreign corporation, directly or indirectly, by a related person which is a United States person contributes, directly or indirectly, to the production of such personal property by the controlled foreign corporation. The preceding sentence shall not apply to any personal property produced directly by the controlled foreign corporation, without regard to any election to disregard any entity which would be taken into account for Federal income tax purposes but for such election. . (d) Effective date The amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2013, and to taxable years of United States shareholders within which or with which such tax years of such foreign corporations end. 403. Limitations on income shifting through intangible property transfers (a) Clarification of definition of intangible asset Clause (vi) of section 936(h)(3)(B) is amended by inserting (including any section 197 intangible described in subparagraph (A), (B), or (C)(i) of subsection (d)(1) of such section) after item . (b) Clarification of allowable valuation methods (1) Foreign corporations Paragraph (2) of section 367(d) is amended by adding at the end the following new subparagraph: (D) Regulatory authority For purposes of the last sentence of subparagraph (A), the Secretary may require— (i) the valuation of transfers of intangible property on an aggregate basis, or (ii) the valuation of such a transfer on the basis of the realistic alternatives to such a transfer, in any case in which the Secretary determines that such basis is the most reliable means of valuation of such transfers. . (2) Allocation among taxpayers Section 482 is amended by adding at the end the following: For purposes of the preceding sentence, the Secretary may require the valuation of transfers of intangible property on an aggregate basis or the valuation of such a transfer on the basis of the realistic alternatives to such a transfer, in any case in which the Secretary determines that such basis is the most reliable means of valuation of such transfers. . (c) Effective date (1) In general The amendments made by this section shall apply to transfers in taxable years beginning after the date of the enactment of this Act. (2) No inference Nothing in the amendment made by subsection (a) shall be construed to create any inference with respect to the application of section 936(h)(3) of the Internal Revenue Code of 1986, or the authority of the Secretary of the Treasury to provide regulations for such application, on or before the date of the enactment of such amendment. 404. Repeal of check-the-box rules for certain foreign entities and CFC look-thru rules (a) Check-the-Box rules Paragraph (3) of section 7701(a) is amended— (1) by striking and , and (2) by inserting after insurance companies the following: , and any foreign business entity that— (A) has a single owner that does not have limited liability, or (B) has one or more members all of which have limited liability . (b) Look-Thru rule Subparagraph (C) of section 954(c)(6) is amended to read as follows: (C) Termination Subparagraph (A) shall not apply to dividends, interest, rents, and royalties received or accrued after the date of the enactment of the Sequester Delay and Stop Tax Haven Abuse Act . . 405. Prohibition on offshore loan abuse (a) In general Subpart F of part III of subchapter N of chapter 1 is amended by adding at the end the following new section: 966. Income inclusion for loans to United States shareholders from controlled foreign corporations (a) In general In the case of a United States shareholder, there shall be included in income for the taxable year an amount equal to the disqualified CFC loan amount. (b) Disqualified CFC loan amount (1) In general For purposes of this section, the disqualified CFC loan amount for any taxable year is an amount equal to the lesser of— (A) the aggregate amount of obligations of the United States shareholder which originated in such taxable year and are held (directly or indirectly) by controlled foreign corporations, or (B) the foreign group earnings amount. (2) Exception In determining the amount of obligations under subparagraph (A), there shall be excluded any obligation described in section 956(c)(2)(C). (3) Carryforward of certain amounts If, for any taxable year, the amount under subparagraph (A) exceeds the amount under subparagraph (B), such excess shall be taken into account as an obligation to which subparagraph (A) applies for the succeeding taxable year. (4) Foreign group earnings amount For purposes of this section, the term foreign group earnings amount means the aggregate earnings and profits of all controlled foreign corporations in the worldwide affiliated group (as defined in section 864(f)(1)(C)) of the United States shareholder, determined— (A) as of the last day of the taxable year of the United States shareholder, and (B) without regard to any distributions made during such taxable year. (c) Denial of interest deduction No deduction shall be allowed for interest paid or accrued with respect to obligations taken into account under subsection (b). (d) Treatment of income source Any amount included in income under subsection (a) shall be treated as income from sources within the United States. . (b) Coordination with section 956 Paragraph (2) of section 956(c) is amended by striking and at the end of subparagraph (K), by striking the period at the end of subparagraph (L)(ii) and inserting ; and , and by inserting after subparagraph (L) the following new subparagraph: (M) any obligation which is taken into account in determining the disqualified CFC loan amount under section 966. . (c) Clerical amendment The table of sections for subpart F of part III of subchapter N of chapter 1 is amended by adding at the end the following new item: Sec. 966. Income inclusion for loans to certain United States shareholders from controlled foreign corporations. . (d) Effective date The amendments made by this section shall apply to obligations originated after the date of the of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3666ih/xml/BILLS-113hr3666ih.xml |
113-hr-3667 | I 113th CONGRESS 1st Session H. R. 3667 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Harris (for himself, Mr. Price of Georgia , Mr. Duncan of South Carolina , Mr. Rigell , Mr. Mulvaney , Mr. Wilson of South Carolina , Mr. Cassidy , Mr. Fleming , and Mr. Burgess ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on 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 amend title XIX of the Social Security Act to increase by 10 percentage points the required State match for certain newly eligible individuals under the Medicaid program and to apply savings against sequestration reductions otherwise required, and for other purposes.
1. 10 percentage point increase in State matching for newly eligible Medicaid beneficiaries Subparagraphs (A) through (E) of section 1905(y)(1) of the Social Security Act ( 42 U.S.C. 1396d(y)(1) ) are amended by striking 100 percent , 95 percent , 94 percent , 93 percent , and 90 percent and inserting 90 percent , 85 percent , 84 percent , 83 percent , and 80 percent , respectively. review issue of how you want to handle the transition percentage increase in match under section 1905(z)(2). 2. Application of savings against sequestration The Director of the Office of Management and Budget is authorized and directed to increase the discretionary spending limit under section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 for the security category by $20,000,000,000 for fiscal year 2014 and then to increase the security and the nonsecurity categories for that fiscal year each by half of the remaining estimated reduction in new budget authority resulting from the enactment of section 1. | https://www.govinfo.gov/content/pkg/BILLS-113hr3667ih/xml/BILLS-113hr3667ih.xml |
113-hr-3668 | I 113th CONGRESS 1st Session H. R. 3668 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Kildee introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Medicare, Medicaid, and SCHIP Extension Act of 2007 to make permanent the exemption of grandfathered long-term care hospitals from the Medicare 25 percent threshold payment adjustment.
1. Making permanent the exemption of grandfathered long-term care hospitals from the Medicare 25 percent patient threshold payment adjustment Section 114(c)(1) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 ( 42 U.S.C. 1395ww note), as amended by section 3106 of Public Law 111–148 , is further amended— (1) in the matter preceding subparagraph (A), by striking for a 5-year period ; and (2) in subparagraph (A), by inserting for a 5-year period, before section 412.536 . | https://www.govinfo.gov/content/pkg/BILLS-113hr3668ih/xml/BILLS-113hr3668ih.xml |
113-hr-3669 | I 113th CONGRESS 1st Session H. R. 3669 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Maffei introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide for increased supervision of persons required to wear an electronic monitoring device as a condition of release from prison, to criminalize disabling such an electronic monitoring device, to establish the Office of the Inspector General for Probation and Pretrial Services, and for other purposes.
1. Short title This Act may be cited as the Federal Probation System Reform Act . 2. Supervision of a person assigned an electronic monitoring device as a condition of release; Penalty for disabling an electronic monitoring device (a) In general Part II of title 18, United States Code, is amended by inserting after chapter 237 the following new chapter: 239 Electronic Monitoring Devices Sec. 3801. Supervision of a person assigned an electronic monitoring device as a condition of release. 3802. Penalty for disabling an electronic monitoring device. 3801. Supervision of a person assigned an electronic monitoring device as a condition of release (a) In general In the case of a person who was convicted of a Federal offense who has been sentenced to probation pursuant to subchapter B of chapter 227, placed on probation pursuant to the provisions of chapter 403, or placed on supervised release pursuant to section 3583, or a person accused of such an offense who has been released pending trial, sentence, or appeal pursuant to chapter 207, who is required to wear an electronic monitoring device as a condition of such probation or release, the Director of the Administrative Office of the United States Courts shall ensure that an appropriate probation officer or pretrial services officer supervises the person by doing the following: (1) Conducting a daily review of any data produced by the electronic monitoring device worn by the person. (2) In the case of an alert produced by an electronic monitoring system that the Director determines requires an investigation, conducting an investigation immediately following the alert, including— (A) contacting the person; (B) inspecting the electronic monitoring device; and (C) documenting the alert and the response taken. (b) Uniform Standards Not later than 60 days after the date of the enactment of this section, the Director of the Administrative Office of the United States Courts shall issue uniform standards in order to implement subsection (a). 3802. Penalty for disabling an electronic monitoring device (a) Offense Whoever— (1) intentionally disables an electronic monitoring device that was assigned to a person as a condition of probation pursuant to subchapter B of chapter 227 or chapter 403, supervised release pursuant to section 3583, or release pending trial, sentence, or appeal pursuant to chapter 207; or (2) having been assigned an electronic monitoring device as a condition of probation pursuant to subchapter B of chapter 227 or chapter 403, supervised release pursuant to section 3583, or release pending trial, sentence, or appeal pursuant to chapter 207, intentionally allows another person to disable such device; shall be punished as provided in subsection (b). (b) Punishment The punishment for an offense under subsection (a) is— (1) if the person to whom the electronic monitoring device was assigned commits a Federal, State, or local offense in addition to violating subsection (a) upon the disabling of such device, a fine under this title or imprisonment for not more than 4 years; or (2) if the person to whom the electronic monitoring device was assigned does not commit a Federal, State or local crime in addition to violating subsection (a) upon the disabling of such device, a fine under this title or imprisonment for not more than 1 year. . (b) Clerical amendment The table of chapters for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 237 the following: 239. Electronic Monitoring Devices 3801 . 3. Inspector General for Probation and Pretrial Services (a) In general Chapter 207 of part II of title 18, United States Code, is amended— (1) by redesignating sections 3155 and 3156 as sections 3156 and 3157, respectively; (2) after section 3154, by inserting the following: 3155. Inspector General for Probation and Pretrial Services (a) Establishment There is established within pretrial services (commonly referred to as the United States Probation and Pretrial Services System) the Office of the Inspector General for Probation and Pretrial Services (referred to in this section as the Office ). (b) Appointment, term, and removal of Inspector General (1) Appointment The head of the Office shall be the Inspector General, who shall be appointed by the Chief Justice of the United States after consultation with the majority and minority leaders of the Senate and the Speaker and minority leader of the House of Representatives. (2) Term The Inspector General shall serve for a term of four years and may be reappointed by the Chief Justice of the United States for any number of additional terms. (3) Removal The Inspector General may be removed from office by the Chief Justice of the United States. The Chief Justice shall communicate the reasons for any such removal to both Houses of Congress. (c) Duties With respect to probation and pretrial services, the Office shall— (1) conduct investigations of alleged misconduct; (2) conduct and supervise audits and investigations; (3) prevent and detect waste, fraud, and abuse; and (4) recommend changes in laws or regulations governing probation and pretrial services. (d) Powers (1) In general In carrying out the duties of the Office, the Inspector General shall have the power— (A) to make investigations and reports; (B) to obtain information or assistance from any Federal, State, or local governmental agency, or other entity, or unit thereof, including all information kept in the normal course of business by probation and pretrial services in any judicial district; (C) to require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the production of such books, records, correspondence memoranda, papers, and documents; which subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; (D) to administer to or take from any person an oath, affirmation, or affidavit; (E) to employ such officers and employees, subject to the provisions of title 5, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates; (F) to obtain services authorized by section 3109 of title 5 at daily rates not to exceed the equivalent rate prescribed for grade GS–18 of the General Schedule by section 5332 of title 5; and— (G) to the extent and in such amounts as may be provided in advance by appropriations Acts, to enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the duties of the Office. (2) Limitation The Inspector General shall not have the authority to— (A) investigate or review any matter that is directly related to the merits of a decision or procedural ruling by any judge or court; or (B) punish or discipline any pretrial services officer or probation officer. (e) Reports (1) When to be made The Inspector General shall— (A) make an annual report to the Director of the Administrative Office of the United States Courts and to Congress relating to the activities of the Office; and (B) make prompt reports to the Director and to Congress on matters that may require action by them. (2) Sensitive matter If a report contains sensitive matter, the Inspector General may so indicate and Congress may receive that report in closed session. (3) Duty to inform Attorney General In carrying out the duties of the Office, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. (f) Whistleblower protection (1) In general No officer, employee, agent, contractor, or subcontractor of pretrial services may discharge, demote, threaten, suspend, harass, or in any other manner discriminate against an employee in the terms and conditions of employment because of any lawful act done by the employee to provide information, cause information to be provided, or otherwise assist in an investigation regarding any possible violation of Federal law or regulation, or misconduct, by a pretrial services officer or probation officer, which may assist the Inspector General in the performance of duties under this chapter. (2) Civil action An employee injured in violation of paragraph (1) may, in a civil action, obtain appropriate relief. (g) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out this section. . (b) Clerical amendments Chapter 207 of part II of title 18, United States Code, is amended— (1) in section 3157(b) (as redesignated by this Act) is amended by striking 3152–3155 and inserting 3152–3156 ; and (2) in the table of sections, after the item relating to section 3154, by inserting the following: 3155. Inspector General for Probation and Pretrial Services. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3669ih/xml/BILLS-113hr3669ih.xml |
113-hr-3670 | I 113th CONGRESS 1st Session H. R. 3670 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Ms. Meng (for herself, Mr. Barton , and Mr. Lance ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to expand and clarify the prohibition on provision of inaccurate caller identification information, and for other purposes.
1. Short title This Act may be cited as the Anti-Spoofing Act of 2013 . 2. Expanding and clarifying prohibition on inaccurate caller ID information (a) Communications from outside United States Section 227(e)(1) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(1) ) is amended by inserting or any person outside the United States if the recipient is within the United States, after United States, . (b) Spoofing service (1) In general Section 227(e) of the Communications Act of 1934 ( 47 U.S.C. 227(e) ) is amended— (A) by striking paragraph (4); (B) by redesignating paragraph (3) as paragraph (4); (C) by inserting after paragraph (2) the following: (3) Spoofing service The Commission shall prescribe regulations requiring a provider of a spoofing service to take such steps as the Commission may prescribe to verify that any person who uses the service is informed of any applicable Federal or State law. ; and (D) in paragraph (8), by adding at the end the following: (D) Spoofing service The term spoofing service means a service that permits a user to knowingly cause any caller identification service to transmit misleading or inaccurate caller identification information. Such term does not include a service to the extent such service transmits or displays without alteration caller identification information generated by another person. . (2) Conforming amendment Section 227(e)(1) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(1) ) is further amended by striking paragraph (3)(B) and inserting paragraph (4)(B) . (c) Text messaging service (1) In general Section 227(e)(8) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(8) ) is amended— (A) in subparagraph (A), by inserting (including a text message sent using a text messaging service) before the period at the end; (B) in the first sentence of subparagraph (B), by inserting (including a text message sent using a text messaging service) before the period at the end; and (C) by adding at the end the following: (E) Text message The term text message means a real-time or near real-time message consisting of text, images, sounds, or other information that is transmitted from or received by a device that is identified as the transmitting or receiving device by means of a telephone number. Such term— (i) includes a short message service (SMS) message, an enhanced message service (EMS) message, and a multimedia message service (MMS) message; and (ii) does not include a real-time, two-way voice or video communication. (F) Text messaging service The term text messaging service means a service that permits the transmission or receipt of a text message, including a service provided as part of or in connection with a telecommunications service or an IP-enabled voice service. . (2) Rule of construction Nothing in this section or any amendment made by this section shall be construed to modify, limit, or otherwise affect— (A) any other authority of the Federal Communications Commission under section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 ) or the CAN–SPAM Act of 2003 ( 15 U.S.C. 7701 et seq. ) to interpret a call to include a text message; or (B) any rule or order adopted by the Commission under such section or such Act that provides that a call includes a text message. (d) Coverage of outgoing-Call-Only IP-Enabled voice service Section 227(e)(8)(C) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(8)(C) ) is amended by striking has the meaning and all that follows and inserting means the provision of real-time voice communications offered to the public, or such class of users as to be effectively available to the public, transmitted using Internet protocol, or a successor protocol, (whether part of a bundle of services or separately) with interconnection capability such that the service can originate traffic to, or terminate traffic from, the public switched telephone network, or a successor network. . (e) Regulations (1) In general Section 227(e)(4)(A) of the Communications Act of 1934, as redesignated, is amended by striking Not later than 6 months after the date of enactment of the Truth in Caller ID Act of 2009, the Commission and inserting The Commission . (2) Deadline The Federal Communications Commission shall prescribe regulations to implement the amendments made by this section not later than 18 months after the date of the enactment of this Act. (f) Effective date The amendments made by this section shall take effect on the date that is 6 months after the date on which the Federal Communications Commission prescribes regulations to implement the amendments made by this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr3670ih/xml/BILLS-113hr3670ih.xml |
113-hr-3671 | I 113th CONGRESS 1st Session H. R. 3671 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to expand the eligibility for a medallion furnished by the Secretary of Veterans Affairs to signify the veteran status of a deceased individual.
1. Expansion of eligibility for medallions Section 2306(d)(4) of title 38, United States Code, is amended by adding at the end the following sentence: Notwithstanding any other provision of law, the Secretary may furnish a medallion or other device under this paragraph regardless of the date of the death of the individual for whom the medallion or other device is furnished. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3671ih/xml/BILLS-113hr3671ih.xml |
113-hr-3672 | I 113th CONGRESS 1st Session H. R. 3672 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Ruiz (for himself and Mr. Nugent ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to clarify that caregivers for veterans with serious illnesses are eligible for assistance and support services provided by the Secretary of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Support our Services to Veterans Caregivers Act or the S.O.S. Veterans Caregivers Act . 2. Improvements to services provided to caregivers of veterans (a) Caregivers of veterans with serious illnesses Paragraph (2)(B) of section 1720G(a) of title 38, United States Code, is amended by inserting illness or after serious . (b) Assessing caregiver and veteran burden and satisfaction (1) Survey Paragraph (3)(A)(ii) of such section is amended— (A) in subclause (IV), by striking ; and and inserting a semicolon; (B) in subclause (V), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause: (VI) not less than annually, a multidimensional assessment to measure, in both objective and subjective terms, the burden and strain felt by the family caregiver. . (2) Reports Section 101(c)(2)(B) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( 38 U.S.C. 1720G note) is amended— (A) in clause (i), by striking ; and and inserting a semicolon; (B) in clause (ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (iii) a description of the satisfaction experienced by caregivers and veterans with respect to such program, including any findings regarding whether such program reduces the burden and strain felt by caregivers. . (c) Effective date The amendments made by subsection (a) shall apply with respect to services provided after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3672ih/xml/BILLS-113hr3672ih.xml |
113-hr-3673 | I 113th CONGRESS 1st Session H. R. 3673 IN THE HOUSE OF REPRESENTATIVES December 5, 2013 Mr. Schock (for himself and Mr. Kind ) 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 treat amounts paid for umbilical cord blood banking services as medical care expenses.
1. Short title This Act may be cited as the Family Cord Blood Banking Act . 2. Amounts paid for umbilical cord blood banking services treated as medical care expenses (a) In general Paragraph (1) of section 213(d) of the Internal Revenue Code of 1986 (defining medical care) is amended by striking or at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting , or , and by inserting after subparagraph (D) the following new subparagraph: (E) for private umbilical cord blood banking services provided by any accredited umbilical cord blood bank which is in compliance with the regulations under section 361 of the Public Health Service Act ( 42 U.S.C. 264 ). . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3673ih/xml/BILLS-113hr3673ih.xml |
113-hr-3674 | I 113th CONGRESS 1st Session H. R. 3674 IN THE HOUSE OF REPRESENTATIVES December 9, 2013 Mr. Guthrie (for himself, Ms. Matsui , Mr. Waxman , Mr. Walden , and Ms. Eshoo ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the National Telecommunications and Information Administration Organization Act to provide incentives for the reallocation of Federal Government spectrum for commercial use, and for other purposes.
1. Short title This Act may be cited as the Federal Spectrum Incentive Act of 2013 . 2. Federal spectrum incentives (a) Notice to Commission (1) In general Section 113(g)(4) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(4) ) is amended— (A) by striking the heading and inserting Notice to Commission.— ; (B) in the second sentence of subparagraph (A), by striking shall notify the Commission and all that follows and inserting the following: shall notify the Commission— (i) of estimated relocation or sharing costs and timelines for such relocation or sharing; or (ii) that, instead of relocation or sharing costs under this subsection and section 118, a Federal entity will receive payment under section 120 because such entity is— (I) discontinuing the operations that the Federal entity conducts on such eligible frequencies without relocating such operations to other frequencies; or (II) relocating such operations to frequencies assigned to another Federal entity in order for such entities to share such frequencies. ; and (C) by adding at the end the following: (D) This subsection and section 118 shall not apply with respect to the discontinuance of operations on eligible frequencies or the relocation of such operations by a Federal entity after the Commission receives notice under subparagraph (A)(ii) with respect to such discontinuance or relocation. . (2) Conforming amendments Section 113(g) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g) ) is amended— (A) in paragraph (3)(A)(iii)(I), by striking paragraph (4)(A) and inserting paragraph (4)(A)(i) ; (B) in paragraph (4)— (i) in subparagraph (B), by striking subparagraph (A) and inserting subparagraph (A)(i) ; and (ii) in subparagraph (C), by striking subparagraphs (A) and (B) and inserting subparagraphs (A)(i) and (B) ; and (C) in paragraph (5), by striking paragraph (4)(A) and inserting paragraph (4)(A)(i) . (b) Transition plans Section 113(h) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(h) ) is amended— (1) in the heading, by striking relocation or sharing ; (2) by amending paragraph (1) to read as follows: (1) Development of transition plan by Federal entity (A) In general Not later than 240 days before the commencement of any auction of eligible frequencies described in subsection (g)(2), a Federal entity authorized to use any such frequency shall submit to the NTIA and to the Technical Panel established by paragraph (3) a transition plan in which the Federal entity— (i) declares the intention of such entity— (I) to share such eligible frequencies with a non-Federal user or to relocate to other frequencies, and to receive relocation or sharing costs from the Spectrum Relocation Fund established by section 118; or (II) to discontinue the operations that the Federal entity conducts on such eligible frequencies without relocating such operations to other frequencies or to relocate such operations to frequencies assigned to another Federal entity in order for such entities to share such frequencies, and to receive payment from the Federal Spectrum Incentive Fund established by section 120; and (ii) describes how the entity will implement the relocation, sharing, or discontinuance arrangement. (B) Common format The NTIA shall specify, after public input, a common format for all Federal entities to follow in preparing transition plans under this paragraph. ; (3) in paragraph (2)— (A) in subparagraph (D), by inserting , to discontinue such use, after from such frequencies ; (B) in subparagraph (F), by inserting , discontinuance, after relocation ; and (C) in subparagraph (G), by striking The plans and inserting To the extent applicable given the intention declared by the entity under paragraph (1)(A)(i), the plans ; (4) in paragraph (4)(A), by inserting (if applicable) after timelines and ; (5) in paragraph (6)— (A) by inserting (if applicable) after costs ; and (B) by inserting , discontinuance, after relocation the second place it appears; and (6) in paragraph (7)(A)(ii), by inserting , discontinuance, after relocation . (c) Relocation or discontinuance prioritized over sharing Section 113(j) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(j) ) is amended— (1) in the heading, by inserting or discontinuance after Relocation ; and (2) by inserting or discontinuance of the operations that the Federal entity conducts on the band after from the band each place it appears. (d) Deposit of auction proceeds Section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) ) is amended— (1) in subparagraph (C)(i), by striking (D)(ii) and inserting (D)(ii), (D)(iii) ; and (2) in subparagraph (D)— (A) in clause (i), by striking clause (ii) and inserting clauses (ii) and (iii) ; and (B) by adding at the end the following: (iii) Federal spectrum incentives Notwithstanding subparagraph (A) and except as provided in subparagraph (B) and clause (ii) of this subparagraph, in the case of proceeds (including deposits and upfront payments from successful bidders) attributable to the auction of eligible frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act with respect to which the Commission has received notice under section 113(g)(4)(A)(ii) of such Act, 1 percent of such proceeds shall be deposited in the Federal Spectrum Incentive Fund established by section 120 of such Act and shall be available in accordance with such section. The remainder of such proceeds shall be deposited in the general fund of the Treasury, where such proceeds shall be dedicated for the sole purpose of deficit reduction. . (e) Federal Spectrum Incentive Fund Part B of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 921 et seq. ) is amended by adding at the end the following: 120. Federal Spectrum Incentive Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the Federal Spectrum Incentive Fund (in this section referred to as the Fund ), which shall be administered by the Office of Management and Budget (in this section referred to as OMB ), in consultation with the NTIA. (b) Transfer of funds The Director of OMB shall transfer from the Fund to a Federal entity an amount equal to the amount deposited in accordance with section 309(j)(8)(D)(iii) of the Communications Act of 1934 that is attributable to the auction of eligible frequencies described in section 113(g)(2) of this Act being vacated by such entity. Such amount shall be available to the Federal entity in accordance with subsection (c) and shall remain available until expended. (c) Use of funds A Federal entity may use an amount transferred under subsection (b) for the following purposes: (1) Offset of sequestration Any purposes permitted under the terms and conditions of an appropriations account of the Federal entity that was subject to sequestration for any fiscal year under the Balanced Budget and Emergency Deficit Control Act of 1985. The amount used for such purposes under this paragraph may not exceed the amount by which the amount available to such entity under such account was reduced by sequestration for such fiscal year. (2) Transfer to incumbent Federal entity In the case of a Federal entity that is relocating operations to frequencies assigned to an incumbent Federal entity in order for such entities to share such frequencies, to transfer an amount to the incumbent Federal entity for any purposes permitted under this subsection (except this paragraph). The transferred amount shall remain available to the incumbent Federal entity until expended. (d) Prohibition on duplicative payments If the Commission receives notice under section 113(g)(4)(A)(ii) of a discontinuance of operations on or relocation from eligible frequencies by a Federal entity that has received, from the Spectrum Relocation Fund in accordance with section 118(d)(3), relocation or sharing costs related to pre-auction estimates or research with respect to such frequencies, the Director of OMB shall deduct from the amount to be transferred to such entity under subsection (b) an amount equal to such costs and shall transfer such amount to the Spectrum Relocation Fund. . (f) Department of Defense spectrum Section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 ( Public Law 106–65 ) does not apply to frequencies with respect to which the Commission has received notice under section 113(g)(4)(A)(ii) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(4)(A)(ii) ). 3. Costs of incumbent Federal entities related to spectrum sharing (a) Description of eligible Federal entities Section 113(g)(1) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(1) ) is amended— (1) by striking authorized to use a band of eligible frequencies described in paragraph (2) ; (2) by striking spectrum frequencies the first place it appears and inserting eligible frequencies described in paragraph (2) ; and (3) by striking spectrum frequencies the second place it appears and inserting eligible frequencies described in such paragraph . (b) Definition of relocation or sharing costs Section 113(g)(3)(A) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(3)(A) ) is amended— (1) in clause (iv)(II), by striking and at the end; (2) in clause (v), by striking the period and inserting ; and ; and (3) by adding at the end the following: (vi) the costs incurred by an incumbent Federal entity to accommodate sharing the spectrum frequencies assigned to such entity with a Federal entity the operations of which are being relocated from eligible frequencies described in paragraph (2), unless the Commission receives notice under paragraph (4)(A)(ii)(II) with respect to the relocation of such operations. . (c) Spectrum Relocation Fund Section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 ) is amended— (1) in subsection (c), by striking with respect to and all that follows and inserting the following: with respect to— (1) relocation from or sharing of such eligible frequencies; or (2) in the case of an incumbent Federal entity described in section 113(g)(3)(A)(vi), accommodating sharing the spectrum frequencies assigned to such entity with a Federal entity the operations of which are being relocated from such eligible frequencies. ; and (2) in subsection (d)— (A) in paragraph (2)(A), by inserting (or, in the case of an incumbent Federal entity described in section 113(g)(3)(A)(vi), the eligible Federal entity the operations of which are being relocated has submitted such a plan) after transition plan ; and (B) in paragraph (3)(B)(ii), by inserting except in the case of an incumbent Federal entity described in section 113(g)(3)(A)(vi), before the transition plan . | https://www.govinfo.gov/content/pkg/BILLS-113hr3674ih/xml/BILLS-113hr3674ih.xml |
113-hr-3675 | I 113th CONGRESS 1st Session H. R. 3675 IN THE HOUSE OF REPRESENTATIVES December 9, 2013 Mr. Walden (for himself and Mr. Kinzinger of Illinois ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to provide for greater transparency and efficiency in the procedures followed by the Federal Communications Commission.
1. Short title This Act may be cited as the Federal Communications Commission Process Reform Act of 2013 . 2. FCC process reform (a) In general Title I of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended by inserting after section 12 the following new section: 13. Transparency and efficiency (a) Rulemaking requirements (1) Requirements for notices of proposed rulemaking The Commission may not issue a notice of proposed rulemaking unless the Commission provides for a period of not less than 30 days for the submission of comments and an additional period of not less than 30 days for the submission of reply comments on such notice and the Commission includes in such notice the following: (A) Either— (i) an identification of— (I) a notice of inquiry, a prior notice of proposed rulemaking, or a notice on a petition for rulemaking issued by the Commission during the 3-year period preceding the issuance of the notice of proposed rulemaking concerned and of which such notice is a logical outgrowth; or (II) an order of a court reviewing action by the Commission or otherwise directing the Commission to act that was issued by the court during the 3-year period preceding the issuance of the notice of proposed rulemaking concerned and in response to which such notice is being issued; or (ii) a finding (together with a brief statement of reasons therefor)— (I) that the proposed rule or the proposed amendment of an existing rule will not impose additional burdens on industry or consumers; or (II) for good cause, that a notice of inquiry is impracticable, unnecessary, or contrary to the public interest. (B) The specific language of the proposed rule or the proposed amendment of an existing rule. (C) In the case of a proposal to create a program activity, proposed performance measures for evaluating the effectiveness of the program activity. (D) In the case of a proposal to substantially change a program activity— (i) proposed performance measures for evaluating the effectiveness of the program activity as proposed to be changed; or (ii) a proposed finding that existing performance measures will effectively evaluate the program activity as proposed to be changed. (2) Requirements for rules Except as provided in the 3rd sentence of section 553(b) of title 5, United States Code, the Commission may not adopt or amend a rule unless— (A) the specific language of the adopted rule or the amendment of an existing rule is a logical outgrowth of the specific language of a proposed rule or a proposed amendment of an existing rule included in a notice of proposed rulemaking, as described in subparagraph (B) of paragraph (1); (B) such notice of proposed rulemaking— (i) was issued in compliance with such paragraph and during the 3-year period preceding the adoption of the rule or the amendment of an existing rule; and (ii) is identified in the order making the adoption or amendment; (C) in the case of the adoption of a rule or the amendment of an existing rule that may have an economically significant impact, the order contains— (i) an identification and analysis of the specific market failure, actual consumer harm, burden of existing regulation, or failure of public institutions that warrants the adoption or amendment; (ii) a reasoned determination that the benefits of the adopted rule or the amendment of an existing rule justify its costs (recognizing that some benefits and costs are difficult to quantify), taking into account alternative forms of regulation and the need to tailor regulation to impose the least burden on society, consistent with obtaining regulatory objectives; and (iii) a reasoned determination that market forces are unlikely to resolve within a reasonable period of time the specific market failure, actual consumer harm, burden of existing regulation, or failure of public institutions identified under clause (i); (D) in the case of the adoption of a rule or the amendment of an existing rule that creates a program activity, the order contains performance measures for evaluating the effectiveness of the program activity; and (E) in the case of the adoption of a rule or the amendment of an existing rule that substantially changes a program activity, the order contains— (i) performance measures for evaluating the effectiveness of the program activity as changed; or (ii) a finding that existing performance measures will effectively evaluate the program activity as changed. (3) Data for performance measures The Commission shall develop a performance measure or proposed performance measure required by this subsection to rely, where possible, on data already collected by the Commission. (4) Cost-benefit determination not subject to judicial review A determination under paragraph (2)(C)(ii) shall not be subject to judicial review. (b) Adequate deliberation by Commissioners The Commission shall by rule establish procedures for— (1) informing all Commissioners of a reasonable number of options available to the Commission for resolving a petition, complaint, application, rulemaking, or other proceeding; (2) ensuring that all Commissioners have adequate time, prior to being required to decide a petition, complaint, application, rulemaking, or other proceeding (including at a meeting held pursuant to section 5(d)), to review the proposed Commission decision document, including the specific language of any proposed rule or any proposed amendment of an existing rule; and (3) publishing the text of agenda items to be voted on at an open meeting in advance of such meeting so that the public has the opportunity to read the text before a vote is taken. (c) Nonpublic collaborative discussions (1) In general Notwithstanding section 552b of title 5, United States Code, a bipartisan majority of Commissioners may hold a meeting that is closed to the public to discuss official business if— (A) a vote or any other agency action is not taken at such meeting; (B) each person present at such meeting is a Commissioner, an employee of the Commission, a member of a joint board or conference established under section 410, or a person on the staff of such a joint board or conference or of a member of such a joint board or conference; and (C) an attorney from the Office of General Counsel of the Commission is present at such meeting. (2) Disclosure of nonpublic collaborative discussions Not later than 2 business days after the conclusion of a meeting held under paragraph (1), the Commission shall publish a disclosure of such meeting, including— (A) a list of the persons who attended such meeting; and (B) a summary of the matters discussed at such meeting, except for such matters as the Commission determines may be withheld under section 552b(c) of title 5, United States Code. (3) Preservation of open meetings requirements for agency action Nothing in this subsection shall limit the applicability of section 552b of title 5, United States Code, with respect to a meeting of Commissioners other than that described in paragraph (1). (d) Initiation of items by bipartisan majority The Commission shall by rule establish procedures for allowing a bipartisan majority of Commissioners to— (1) direct Commission staff to draft an order, decision, report, or action for review by the Commission; and (2) place an order, decision, report, or action on the agenda of an open meeting. (e) Public review of certain reports and ex parte communications (1) In general Except as provided in paragraph (2), the Commission may not rely, in any order, decision, report, or action, on— (A) a statistical report or report to Congress, unless the Commission has published and made such report available for comment for not less than a 30-day period prior to the adoption of such order, decision, report, or action; or (B) an ex parte communication or any filing with the Commission, unless the public has been afforded adequate notice of and opportunity to respond to such communication or filing, in accordance with procedures to be established by the Commission by rule. (2) Exception Paragraph (1) does not apply when the Commission for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the order, decision, report, or action) that publication or availability of a report under subparagraph (A) of such paragraph or notice of and opportunity to respond to an ex parte communication under subparagraph (B) of such paragraph are impracticable, unnecessary, or contrary to the public interest. (f) Publication of status of certain proceedings and items The Commission shall by rule establish procedures for publishing the status of all open rulemaking proceedings and all proposed orders, decisions, reports, or actions on circulation for review by the Commissioners, including which Commissioners have not cast a vote on an order, decision, report, or action that has been on circulation for more than 60 days. (g) Deadlines for action The Commission shall by rule establish deadlines for any Commission order, decision, report, or action for each of the various categories of petitions, applications, complaints, and other filings seeking Commission action, including filings seeking action through authority delegated under section 5(c)(1). (h) Prompt release of certain reports and decision documents (1) Statistical reports and reports to Congress (A) Release schedule Not later than January 15th of each year, the Commission shall identify, catalog, and publish an anticipated release schedule for all statistical reports and reports to Congress that are regularly or intermittently released by the Commission and will be released during such year. (B) Publication deadlines The Commission shall publish each report identified in a schedule published under subparagraph (A) not later than the date indicated in such schedule for the anticipated release of such report. (2) Decision documents The Commission shall publish each order, decision, report, or action not later than 30 days after the date of the adoption of such order, decision, report, or action. (3) Effect if deadlines not met (A) Notification of Congress If the Commission fails to publish an order, decision, report, or action by a deadline described in paragraph (1)(B) or (2), the Commission shall, not later than 7 days after such deadline and every 14 days thereafter until the publication of the order, decision, report, or action, notify by letter the chairpersons and ranking members of the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. Such letter shall identify such order, decision, report, or action, specify the deadline, describe the reason for the delay, and indicate when the Commission anticipates that such order, decision, report, or action will be published. The Commission shall publish such letter. (B) No impact on effectiveness The failure of the Commission to publish an order, decision, report, or action by a deadline described in paragraph (1)(B) or (2) shall not render such order, decision, report, or action ineffective when published. (i) Biannual scorecard reports (1) In general For the 6-month period beginning on January 1st of each year and the 6-month period beginning on July 1st of each year, the Commission shall prepare a report on the performance of the Commission in conducting its proceedings and meeting the deadlines established under subsections (g), (h)(1)(B), and (h)(2). (2) Contents Each report required by paragraph (1) shall contain detailed statistics on such performance, including, with respect to each Bureau of the Commission— (A) in the case of performance in meeting the deadlines established under subsection (g), with respect to each category established under such subsection— (i) the number of petitions, applications, complaints, and other filings seeking Commission action that were pending on the last day of the period covered by such report; (ii) the number of filings described in clause (i) that were not resolved by the deadlines established under such subsection and the average length of time such filings have been pending; and (iii) for petitions, applications, complaints, and other filings seeking Commission action that were resolved during such period, the average time between initiation and resolution and the percentage resolved by the deadlines established under such subsection; (B) in the case of proceedings before an administrative law judge— (i) the number of such proceedings completed during such period; and (ii) the number of such proceedings pending on the last day of such period; and (C) the number of independent studies or analyses published by the Commission during such period. (3) Publication and submission The Commission shall publish and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate each report required by paragraph (1) not later than the date that is 30 days after the last day of the period covered by such report. (j) Transaction review standards (1) In general The Commission shall condition its approval of a transfer of lines, a transfer of licenses, or any other transaction under section 214, 309, or 310 or any other provision of this Act only if— (A) the imposed condition is a remedy to a harm that would likely arise as a direct result of the specific transfer or specific transaction that this Act empowers the Commission to review; (B) the Commission could impose a similar requirement under the authority of a specific provision of law other than a provision empowering the Commission to review a transfer of lines, a transfer of licenses, or other transaction; and (C) the likely harm described in subparagraph (A) is presented by the specific transfer of lines, transfer of licenses, or other transaction, such that the harm is not presented by persons not involved in the transfer or other transaction. (2) Exclusions In reviewing a transfer of lines, a transfer of licenses, or any other transaction under section 214, 309, or 310 or any other provision of this Act, the Commission may not consider a voluntary commitment of a party to such transfer or transaction unless the Commission could adopt that voluntary commitment as a condition under paragraph (1). (k) Access to certain information on Commission’s website The Commission shall provide direct access from the homepage of its website to— (1) detailed information regarding— (A) the budget of the Commission for the current fiscal year; (B) the appropriations for the Commission for such fiscal year; and (C) the total number of full-time equivalent employees of the Commission; and (2) the performance plan most recently made available by the Commission under section 1115(b) of title 31, United States Code. (l) Federal Register publication (1) In general In the case of any document adopted by the Commission that the Commission is required, under any provision of law, to publish in the Federal Register, the Commission shall, not later than the date described in paragraph (2), complete all Commission actions necessary for such document to be so published. (2) Date described The date described in this paragraph is the earlier of— (A) the day that is 45 days after the date of the release of the document; or (B) the day by which such actions must be completed to comply with any deadline under any other provision of law. (3) No effect on deadlines for publication in other form In the case of a deadline that does not specify that the form of publication is publication in the Federal Register, the Commission may comply with such deadline by publishing the document in another form. Such other form of publication does not relieve the Commission of any Federal Register publication requirement applicable to such document, including the requirement of paragraph (1). (m) Consumer complaint database (1) In general In evaluating and processing consumer complaints, the Commission shall present information about such complaints in a publicly available, searchable database on its website that— (A) facilitates easy use by consumers; and (B) to the extent practicable, is sortable and accessible by— (i) the date of the filing of the complaint; (ii) the topic of the complaint; (iii) the party complained of; and (iv) other elements that the Commission considers in the public interest. (2) Duplicative complaints In the case of multiple complaints arising from the same alleged misconduct, the Commission shall be required to include only information concerning one such complaint in the database described in paragraph (1). (n) Form of publication (1) In general In complying with a requirement of this section to publish a document, the Commission shall publish such document on its website, in addition to publishing such document in any other form that the Commission is required to use or is permitted to and chooses to use. (2) Exception The Commission shall by rule establish procedures for redacting documents required to be published by this section so that the published versions of such documents do not contain— (A) information the publication of which would be detrimental to national security, homeland security, law enforcement, or public safety; or (B) information that is proprietary or confidential. (o) Transparency relating to performance in meeting FOIA requirements The Commission shall take additional steps to inform the public about its performance and efficiency in meeting the disclosure and other requirements of section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act), including by doing the following: (1) Publishing on the Commission’s website the Commission’s logs for tracking, responding to, and managing requests submitted under such section, including the Commission’s fee estimates, fee categories, and fee request determinations. (2) Releasing to the public all decisions made by the Commission (including decisions made by the Commission’s Bureaus and Offices) granting or denying requests filed under such section, including any such decisions pertaining to the estimate and application of fees assessed under such section. (3) Publishing on the Commission’s website electronic copies of documents released under such section. (4) Presenting information about the Commission’s handling of requests under such section in the Commission’s annual budget estimates submitted to Congress and the Commission’s annual performance and financial reports. Such information shall include the number of requests under such section the Commission received in the most recent fiscal year, the number of such requests granted and denied, a comparison of the Commission’s processing of such requests over at least the previous 3 fiscal years, and a comparison of the Commission’s results with the most recent average for the United States Government as published on www.foia.gov. (p) Definitions In this section: (1) Amendment The term amendment includes, when used with respect to an existing rule, the deletion of such rule. (2) Bipartisan majority The term bipartisan majority means, when used with respect to a group of Commissioners, that such group— (A) is a group of 3 or more Commissioners; and (B) includes, for each political party of which any Commissioner is a member, at least 1 Commissioner who is a member of such political party, and, if any Commissioner has no political party affiliation, at least 1 unaffiliated Commissioner. (3) Economically significant impact The term economically significant impact means an effect on the economy of $100,000,000 or more annually or a material adverse effect on the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities. (4) Performance measure The term performance measure means an objective and quantifiable outcome measure or output measure (as such terms are defined in section 1115 of title 31, United States Code). (5) Program activity The term program activity has the meaning given such term in section 1115 of title 31, United States Code, except that such term also includes any annual collection or distribution or related series of collections or distributions by the Commission of an amount that is greater than or equal to $100,000,000. (6) Other definitions The terms agency action , ex parte communication , and rule have the meanings given such terms in section 551 of title 5, United States Code. . (b) Effective date and implementing rules (1) Effective date (A) In general The requirements of section 13 of the Communications Act of 1934, as added by subsection (a), shall apply beginning on the date that is 6 months after the date of the enactment of this Act. (B) Prior notices of proposed rulemaking If the Federal Communications Commission identifies under paragraph (2)(B)(ii) of subsection (a) of such section 13 a notice of proposed rulemaking issued prior to the date of the enactment of this Act— (i) such notice shall be deemed to have complied with paragraph (1) of such subsection; and (ii) if such notice did not contain the specific language of a proposed rule or a proposed amendment of an existing rule, paragraph (2)(A) of such subsection shall be satisfied if the adopted rule or the amendment of an existing rule is a logical outgrowth of such notice. (C) Schedules and reports Notwithstanding subparagraph (A), subsections (h)(1) and (i) of such section shall apply with respect to 2014 and any year thereafter. (2) Rules The Federal Communications Commission shall promulgate the rules necessary to carry out such section not later than 1 year after the date of the enactment of this Act. (3) Procedures for adopting rules Notwithstanding paragraph (1)(A), in promulgating rules to carry out such section, the Federal Communications Commission shall comply with the requirements of subsections (a) and (h)(2) of such section. 3. Categorization of TCPA inquiries and complaints in quarterly report In compiling its quarterly report with respect to informal consumer inquiries and complaints, the Federal Communications Commission may not categorize an inquiry or complaint with respect to section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 ) as being a wireline inquiry or complaint or a wireless inquiry or complaint unless the party whose conduct is the subject of the inquiry or complaint is a wireline carrier or a wireless carrier, respectively. 4. Provision of emergency weather information Nothing in subsection (a) of section 13 of the Communications Act of 1934, as added by section 2 of this Act, shall be construed to impede the Federal Communications Commission from acting in times of emergency to ensure the availability of efficient and effective communications systems to alert the public to imminent dangerous weather conditions. 5. Communications of first responders Nothing in subsection (a) of section 13 of the Communications Act of 1934, as added by section 2 of this Act, shall be construed to impede the Federal Communications Commission from acting in times of emergency to ensure the availability of efficient and effective communications systems for State and local first responders. 6. Effect on other laws Nothing in this Act or the amendment made by this Act shall relieve the Federal Communications Commission from any obligations under title 5, United States Code, except where otherwise expressly provided. | https://www.govinfo.gov/content/pkg/BILLS-113hr3675ih/xml/BILLS-113hr3675ih.xml |
113-hr-3676 | I 113th CONGRESS 1st Session H. R. 3676 IN THE HOUSE OF REPRESENTATIVES December 9, 2013 Mr. Shuster introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To establish a prohibition on certain cell phone voice communications during passenger flights, and for other purposes.
1. Short title This Act may be cited as the Prohibiting In-Flight Voice Communications on Mobile Wireless Devices Act of 2013 . 2. Prohibition on certain cell phone voice communications (a) In general Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following: 41725. Prohibition on certain cell phone voice communications (a) Prohibition The Secretary of Transportation shall issue regulations— (1) to prohibit an individual on an aircraft from engaging in voice communications using a mobile communications device during a flight of that aircraft in scheduled passenger interstate or intrastate air transportation; and (2) that exempt from the prohibition described in paragraph (1) any— (A) member of the flight crew on duty on an aircraft; (B) flight attendant on duty on an aircraft; and (C) Federal law enforcement officer acting in an official capacity. (b) Definitions In this section, the following definitions apply: (1) Flight The term flight means, with respect to an aircraft, the period beginning when the aircraft takes off and ending when the aircraft lands. (2) Mobile communications device (A) In general The term mobile communications device means any portable wireless telecommunications equipment utilized for the transmission or reception of voice data. (B) Limitation The term mobile communications device does not include a phone installed on an aircraft. . (b) Clerical amendment The analysis for chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41724 the following: 41725. Prohibition on certain cell phone voice communications. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3676ih/xml/BILLS-113hr3676ih.xml |
113-hr-3677 | I 113th CONGRESS 1st Session H. R. 3677 IN THE HOUSE OF REPRESENTATIVES December 9, 2013 Mr. Upton (for himself, Mr. Waxman , Mr. Terry , Mr. Gene Green of Texas , and Mr. Bilirakis ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Energy Independence and Security Act of 2007 to improve United States-Israel energy cooperation, and for other purposes.
1. United States-Israel energy cooperation (a) Findings Section 917(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(a) ) is amended— (1) in paragraph (1), by striking renewable and inserting covered ; (2) in paragraph (4)— (A) by striking possible many and inserting “possible— (A) many ; (B) by inserting and after the semicolon at the end; and (C) by adding at the end the following: (B) significant contributions to the development of renewable energy and energy efficiency through the established programs of the United States-Israel Binational Industrial Research and Development Foundation and the United States-Israel Binational Science Foundation; ; (3) in paragraph (6)— (A) by striking renewable and inserting covered ; and (B) by striking and after the semicolon at the end; (4) in paragraph (7)— (A) by striking renewable and inserting covered ; and (B) by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: (8) United States-Israel energy cooperation, and the development of natural resources by Israel, are strategic interests of the United States; (9) Israel is a strategic partner of the United States in water technology; (10) the United States can play a role in assisting Israel with regional safety and security issues; (11) the National Science Foundation of the United States should collaborate with the Israel Science Foundation; (12) the United States and Israel should strive to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development and associated areas; (13) the United States supports the goals of the Alternative Fuels Administration of Israel; (14) the United States strongly urges open dialogue and continued mechanisms for regular engagement and encourages further cooperation between applicable departments, agencies, ministries, institutions of higher education, and the private sectors of the United States and Israel on energy security issues, including— (A) identifying policy priorities associated with the development of natural resources of Israel; (B) discussing best practices to secure cyber energy infrastructure; (C) best practice sharing; (D) leveraging natural gas to positively impact regional stability; (E) improving energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, and other water treatment technologies; (F) technical and environmental management of deep-water exploration and production; (G) coastal protection and restoration; (H) academic outreach and engagement; (I) private sector and business development engagement; (J) regulatory consultations; (K) leveraging alternative transportation fuels and technologies; and (L) any other areas determined appropriate by the United States and Israel; (15) the United States acknowledges the achievements and importance of the United States-Israel Binational Industrial Research and Development Foundation and the United States-Israel Binational Science Foundation and supports continued multiyear funding to ensure the continuity of the programs of the Foundations; and (16) the United States and Israel have a shared interest in addressing their immediate, near-term, and long-term energy and environmental challenges. . (b) Establishment Section 917(b)(1) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(b)(1) ) is amended by striking renewable energy or energy efficiency and inserting covered energy . (c) Types of energy Section 917(b)(2) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(b)(2) ) is amended— (1) in the heading, by striking Types of and inserting Covered ; (2) in subparagraph (F), by striking and after the semicolon at the end; (3) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (H) natural gas energy, including conventional and unconventional natural gas technologies and natural gas projects conducted by or in conjunction with the United States-Israel Binational Science Foundation, the United States-Israel Binational Industrial Research and Development Foundation, and the United States-Israel Science and Technology Foundation; and (I) improvement of energy efficiency and the overall performance of water technologies through research and development in water desalination, wastewater treatment and reclamation, and other water treatment technologies. . (d) Eligible applicants Section 917(b)(3) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(b)(3) ) is amended by striking energy efficiency or renewable and inserting covered . (e) Authorization of appropriations; international partnerships Section 917 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337 ) is amended— (1) by striking subsection (d); (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following: (c) International partnerships (1) In general The Secretary may, subject to the availability of appropriations, enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between the Department, including National Laboratories of the Department, and the Government of Israel and its ministries, offices, and institutions. (2) Federal share The Secretary may not pay more than 50 percent of the costs described in paragraph (1). (3) Annual reports The Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report that describes— (A) actions taken to carry out this subsection; and (B) any projects under this subsection for which the Secretary requests funding. (d) United States-Israel Center The Secretary may establish a joint United States-Israel Center based in an area of the United States with the experience, knowledge, and expertise in offshore energy development to further dialogue and collaboration to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development and associated areas. . (f) Termination Subsection (e) of section 917 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337 ) (as redesignated by subsection (d)(2)) is amended by striking the date that is 7 years after the date of enactment of this Act and inserting September 30, 2024 . 2. United States-Israel energy cooperation working group (a) Sense of Congress It is the sense of Congress that open dialogue and continued mechanisms for regular engagement encourages further cooperation between applicable departments, agencies, ministries, institutions of higher education, and the private sectors of the United States and Israel on energy security issues. (b) Establishment The Secretary of Energy and the Secretary of State shall seek to establish an Energy Cooperation Working Group within the semi-annual United States-Israel Strategic Dialogue. (c) Purpose The purpose of the Energy Cooperation Working Group referred to in subsection (b) shall be to strengthen dialogue between the United States and Israel on— (1) strategies to advance the research, development, and deployment of renewable energy and energy efficiency; (2) identifying policy priorities associated with the development of the natural resources of Israel; (3) best practices for energy infrastructure cybersecurity; (4) leveraging natural gas resources to positively impact regional stability; (5) technical and environmental management of deep-water exploration and production; and (6) coastal protection and restoration. | https://www.govinfo.gov/content/pkg/BILLS-113hr3677ih/xml/BILLS-113hr3677ih.xml |
113-hr-3678 | I 113th CONGRESS 1st Session H. R. 3678 IN THE HOUSE OF REPRESENTATIVES December 9, 2013 Mr. Enyart (for himself, Mr. Shimkus , Mr. Schock , Mr. Kinzinger of Illinois , Mr. Rush , Mr. Roskam , Ms. Schakowsky , Mr. Gutiérrez , Mrs. Bustos , Mr. Schneider , Mr. Rodney Davis of Illinois , Mr. Quigley , Mr. Lipinski , Mr. Foster , Mr. Danny K. Davis of Illinois , Ms. Duckworth , Ms. Kelly of Illinois , and Mr. Hultgren ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To redesignate the lock and dam located in Modoc, Illinois, commonly known as the Kaskaskia Lock and Dam, as the Jerry F. Costello Lock and Dam , and for other purposes.
1. Redesignation The lock and dam located in Modoc, Illinois, authorized by the Act entitled An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes , approved July 3, 1930 (46 Stat. 927), and commonly known as the Kaskaskia Lock and Dam, is redesignated as the Jerry F. Costello Lock and Dam . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the lock and dam referred to in section 1 shall be deemed to be a reference to the Jerry F. Costello Lock and Dam . | https://www.govinfo.gov/content/pkg/BILLS-113hr3678ih/xml/BILLS-113hr3678ih.xml |
113-hr-3679 | I 113th CONGRESS 1st Session H. R. 3679 IN THE HOUSE OF REPRESENTATIVES December 9, 2013 Mr. Gardner (for himself and Mr. Coffman ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Patient Protection and Affordable Care Act to prohibition on payment of bonuses and pay increases for executives of a State Exchange funded through Federal grants, and for other purposes.
1. Prohibition on payment of bonuses and pay increases for Exchange executives Section 1311(a) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(a) ) is amended by adding at the end the following new paragraph: (6) Prohibition on payment of bonuses and pay increases for Exchange executives The Secretary shall provide that no funds under a grant under this section may be used for a bonus or pay increase (beyond the level of compensation in effect as of October 1, 2013) for a chief executive officer, chief information officer, chief operating officer, or similar executive with respect to the operation of an Exchange on or after October 1, 2013. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3679ih/xml/BILLS-113hr3679ih.xml |
113-hr-3680 | I 113th CONGRESS 1st Session H. R. 3680 IN THE HOUSE OF REPRESENTATIVES December 9, 2013 Mrs. Carolyn B. Maloney of New York (for herself and Mr. Schock ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Secretary of the Treasury to mint coins in recognition of the fight against breast cancer.
1. Short title This Act may be cited as the Breast Cancer Awareness Commemorative Coin Act . 2. Findings The Congress finds the following: (1) Breast cancer is the most common cancer among American women, except for skin cancers. Today, about 1 in 8, or 12 percent of, women in the United States will develop invasive breast cancer during their lifetime. This is an increase from 1 in 11, or 9 percent of, women in 1975. (2) Breast cancer is the second leading cause of cancer death in women. The chance of dying from breast cancer is about 1 in 36. Thanks to earlier detection, increased awareness, and improved treatment, death rates from breast cancer have decreased since about 1989. (3) There is a strong interest among the American public to do more to tackle this disease. The National Cancer Institute estimates $16.5 billion is spent in the United States each year on breast cancer treatment. (4) Finding a cure for breast cancer is a goal of the United States Government. (5) The National Institutes of Health dedicated $800 million for breast cancer research in Fiscal Year 2012. In Fiscal Year 2012, the Department of Defense’s Breast Cancer Research Program received $120 million. In total, the U.S. is projected to spend $925 million on breast cancer research in Fiscal Year 2013. (6) While the Federal Government remains the largest funder of breast cancer research in the United States, in 2012, the National Cancer Institute reduced funding by almost $30 million and the Department of Defense Breast Cancer Research Program grants decreased more than 22 percent from 2010 funding levels. (7) Additional private sector support for breast cancer research will help us find a cure for breast cancer even faster. (8) It is estimated that in the United States 232,340 women will be diagnosed with and 39,620 women will die of cancer of the breast in 2013. This means that every 13 minutes a woman dies of breast cancer in the United States. (9) However, due to disease type and lack of adequate care, Black women have the highest death rates of all racial and ethnic groups and are 40 percent more likely to die of breast cancer than White women. (10) Breast cancer used to be considered a disease of aging but recent trends show that more aggressive forms of the disease have been increasingly diagnosed in younger women. (11) Breast cancer is the most frequently diagnosed cancer among nearly every racial and ethnic group, including African-American, American Indian/Alaska Native, Asian/Pacific Islander and Hispanic/Latina women. (12) Clinical advances, resulting from research, have led to increased survival from breast cancer. Since 1990, death rates from breast cancer have dropped over 30 percent. (13) Among men in the United States it is estimated that there will be 2,240 new cases of invasive breast cancer and 410 breast cancer deaths in 2013. (14) At this time there are more than 2.9 million breast cancer survivors in the United States. (15) It is estimated that breast cancer costs $12.5 billion in lost productivity. Such productivity losses will increase with projected growth rate and aging of the U.S. population if cancer mortality rates stay constant in the future. (16) There is a better chance of survival and there are more treatment options with early stage detection through mammograms and clinical breast exams. (17) Breast cancer is the most common cancer in women worldwide, with an estimated 1.6 million new cases of breast cancer among women worldwide in 2010. (18) Breast Cancer Research Foundation (BCRF) is considered one of the most efficient research charities. (19) Of every dollar donated to BCRF, $0.91 goes to research and awareness programs—88 cents towards research and 3 cents towards awareness. (20) Founded in 1993, the BCRF has raised more than $450 million to fund research aimed at achieving prevention of breast cancer and curing those with the disease. For 2013–2014, BCRF awarded $45 million in grants to support the work of more than 200 researchers at major medical institutions across six continents and 12 countries. (21) Susan G. Komen for the Cure includes funded research in 48 of the 50 States and community services in 49 of the 50 States. The organization has also supported programming in more than 30 countries. (22) Over the past 5 years, more than 80 cents of every dollar spent by Susan G. Komen has gone directly to its mission to save lives and end breast cancer by empowering people, ensuring quality care for all and energizing science to find the cures. (23) Since its inception in 1982, Susan G. Komen has invested more than $2 billion on its mission of saving lives and ending breast cancer by empowering people, ensuring quality care for all and energizing science to find the cures, including more than $790 million in research funding. (24) Today, the BCRF and Susan G. Komen continue their work to advance research and support programs for patients and their families. 3. Coin specifications (a) $1 silver coins The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue not more than 500,000 $1 coins, which shall— (1) weigh 26.73 grams; (2) have a diameter of 1.500 inches; and (3) contain 90 percent silver and 10 percent copper. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the fight against breast cancer. (2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the face value of the coin; (B) an inscription of the year 2018 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (b) Selection The design for the coins minted under this Act shall be selected by the Secretary based on the winning design from a juried, compensated design competition described under subsection (c). (c) Design competition (1) In general The Secretary shall hold a competition and provide compensation for its winner to design the obverse and reverse of the coins minted under this Act. The competition shall be judged by an expert jury chaired by the Secretary and consisting of 3 members from the Citizens Coinage Advisory Committee who shall be elected by such Committee and 3 members from the Commission of Fine Arts who shall be elected by such Commission. (2) Proposals As part of the competition described in this subsection, the Secretary may accept proposals from artists, engravers of the United States Mint, and members of the general public. (3) Accompanying designs; preference for physical designs The Secretary shall encourage 3-dimensional designs to be submitted as part of the proposals, and the jury shall give a preference for proposals that are accompanied by a 3-dimensional physical design instead of, or in addition to, an electronic design. (4) Compensation The Secretary shall determine compensation for the winning design under this subsection, which shall be not less than $5,000. The Secretary shall take into account this compensation amount when determining the sale price described in section 6(a). 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2018. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to the coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins minted under this Act shall include a surcharge of $10 per coin. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges which are received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary as follows: (1) ½ to the Susan G. Komen for the Cure, Dallas, Texas, for the purpose of furthering research funded by the organization. (2) ½ to the Breast Cancer Research Foundation, New York, New York, for the purpose of furthering research funded by the Foundation. (c) Audits The surcharge recipients under subsection (b) shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under that subsection. (d) Limitations Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary of the Treasury may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, shall be disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr3680ih/xml/BILLS-113hr3680ih.xml |
113-hr-3681 | I 113th CONGRESS 1st Session H. R. 3681 IN THE HOUSE OF REPRESENTATIVES December 9, 2013 Mr. Paulsen (for himself, Mr. Matheson , Mr. Shimkus , and Mr. Barrow of Georgia ) 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 promote health care technology innovation and access to medical devices and services for which patients choose to self-pay under the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Accelerating Innovation in Medicine Act of 2013 or the AIM Act of 2013 . 2. Findings Congress finds as follows: (1) Innovation in health care technology is necessary to improve health outcomes and depends in part on the ability of medical technology developers, including scientists, physicians, engineers, and patient advocates, to introduce medical devices into the marketplace. (2) Even after meeting requirements for marketing set by the Food and Drug Administration, there may be uncertainties about patient access through government health care programs, causing significant delays in bringing innovative medical devices to patients or causing medical technology developers to abandon potential health care solutions. (3) Patients covered by the Medicare program are often willing to enter into self-pay arrangements with physicians and other providers to purchase items or services, yet under current laws restricting such freedom of choice, the self-pay arrangements may be associated with regulatory impediments or a risk of civil penalties. (4) Enabling health care technology manufacturers to designate products to be directly available to self-pay patients and excluded from government health program payments at an early stage of product development will promote innovation and result in increased patient access to desired products and services, save taxpayer dollars, and reduce administrative burdens on physicians and the government. (5) Enabling health care technology manufacturers to designate their devices as available to self-pay patients would permit a window of time during which additional data may be obtained on outcomes, comparative clinical effectiveness or other data elements for possible future coverage by the Medicare program. 3. Establishment of manufacturer opt-out program for medical devices (a) In general Section 1862 of the Social Security Act ( 42 U.S.C. 1395y ) is amended adding at the end the following new subsection: (p) Establishment of accelerating innovation in medicine (AIM) list of medical devices voluntarily excluded from coverage (1) In general Not later than 90 days after the date of the enactment of this subsection, the Secretary shall develop and maintain a listing (in this section referred to as the AIM list ) of medical devices for which, because of their inclusion in such listing, no insurance benefit and no payment may be made for such a device under this title either directly or on a capitated basis such that no claim for payment may be submitted under this title for such a device and an individual who consents to receive such a device is responsible for payment for the device and services related to furnishing the device. (2) Procedures for inclusion in AIM list (A) Requirement for written consent of manufacturer No medical device may be included in the AIM list without the written consent of the manufacturer of the device. (B) Submission process A manufacturer seeking to have a medical device included in the AIM list shall submit to the Secretary a request for inclusion of the device in the AIM list. In the case of such a device for which— (i) there is a request for approval or clearance for marketing and sale of the device by the Food and Drug Administration pursuant to authority granted by the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), including pursuant to section 510(k) or 515(c) of such Act ( 21 U.S.C. 360(k) , 360e(c)), the request for inclusion of the device in the AIM list may not be submitted earlier than the date of the request for such approval or clearance and no later than the first business day of the month beginning at least 30 days after the date of such approval or clearance; or (ii) the device is exempt from such approval and clearance requirements, the request may be submitted at a time that is not later than the first business day of the month beginning at least 30 days after the date of the first sale of the device by its manufacturer. (3) Listing periods; removal from list (A) 3-year listing periods A medical device included in the AIM list shall be initially listed for a period of 3 years and shall remain so listed for subsequent 3-year periods subject to subparagraphs (B) and (C). (B) Removal at request of manufacturer At any time a device of a manufacturer included in the AIM list shall be removed from the AIM list upon the written request of the manufacturer. Subject to subparagraph (C), such a device of a manufacturer may not be removed from the AIM list except upon the written request of the manufacturer. (C) Provision of data on clinical studies as a condition for continued listing As a condition for the continued inclusion of the device of a manufacturer in the AIM list for a subsequent 3-year listing period under subparagraph (A), the manufacturer shall provide the Secretary with published or publicly available data on clinical studies completed for the device at the end of the previous 3-year listing period. If the Secretary determines that a manufacturer of a device has materially failed to provide such data for the device, the Secretary may remove the device from the AIM list or not renew the listing for the device or both. (4) Medical device defined In this subsection, the term medical device has the meaning given the term device in section 201(h) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321(h) ). (5) Posting of listed devices on website The Secretary shall post on a public website of the Department of Health and Human Services or other publicly accessible manner a list of the medical devices included in the AIM list and shall provide for updating the website on a real-time basis (but no less frequently than monthly) to reflect changes in the medical devices in the AIM list. (6) Regulations not required Nothing in this subsection shall be construed as requiring the Secretary to promulgate regulations to carry out this subsection. (7) Requirement for informed consent in order for provider to charge for device If a physician or other entity furnishes a medical device included in the AIM list to an individual under this title and failed to obtain, before furnishing the device, an appropriate informed consent under which the individual is informed of and accepts liability under paragraph (1) for payment for the device (and related services), the physician or other entity is deemed to have agreed not to impose any charge under this title for such device (and for services related to furnishing the device). . (b) Conforming amendment Section 1862(a) of the Social Security Act ( 42 U.S.C. 1395y(a) ) is amended— (1) in paragraph (24), by striking or at the end; (2) in paragraph (25), by striking the period at the end and inserting ; or ; and (3) by inserting after paragraph (25) the following new paragraph: (26) where such expenses are for a medical device included in the AIM list under section 1862(p) or for items and services related to furnishing such device. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3681ih/xml/BILLS-113hr3681ih.xml |
113-hr-3682 | I 113th CONGRESS 1st Session H. R. 3682 IN THE HOUSE OF REPRESENTATIVES December 9, 2013 Mr. Walz (for himself, Mr. Peterson , Mr. Kline , Mr. Ellison , Mr. Paulsen , Ms. McCollum , Mrs. Bachmann , and Mr. Nolan ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To designate the community based outpatient clinic of the Department of Veterans Affairs located at 1961 Premier Drive in Mankato, Minnesota, as the Lyle C. Pearson Community Based Outpatient Clinic .
1. Lyle C. Pearson Community Based Outpatient Clinic (a) Designation The community based outpatient clinic of the Department of Veterans Affairs located at 1961 Premier Drive in Mankato, Minnesota, shall be known and designated as the Lyle C. Pearson Community Based Outpatient Clinic . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the clinic referred to in subsection (a) shall be deemed to be a reference to the Lyle C. Pearson Community Based Outpatient Clinic . | https://www.govinfo.gov/content/pkg/BILLS-113hr3682ih/xml/BILLS-113hr3682ih.xml |
113-hr-3683 | I 113th CONGRESS 1st Session H. R. 3683 IN THE HOUSE OF REPRESENTATIVES December 10, 2013 Mr. Upton (for himself, Mr. Waxman , Mr. Terry , Mr. Gene Green of Texas , and Mr. Bilirakis ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committees on Energy and Commerce and Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Energy Independence and Security Act of 2007 to improve United States-Israel energy cooperation, and for other purposes.
1. United States-Israel energy cooperation (a) Findings Section 917(a) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(a) ) is amended— (1) in paragraph (1), by striking renewable and inserting covered ; (2) in paragraph (4)— (A) by striking possible many and inserting “possible— (A) many ; (B) by inserting and after the semicolon at the end; and (C) by adding at the end the following: (B) significant contributions to the development of renewable energy and energy efficiency through the established programs of the United States-Israel Binational Industrial Research and Development Foundation and the United States-Israel Binational Science Foundation; ; (3) in paragraph (6)— (A) by striking renewable and inserting covered ; and (B) by striking and after the semicolon at the end; (4) in paragraph (7)— (A) by striking renewable and inserting covered ; and (B) by striking the period at the end and inserting a semicolon; and (5) by adding at the end the following: (8) United States-Israel energy cooperation, and the development of natural resources by Israel, are strategic interests of the United States; (9) Israel is a strategic partner of the United States in water technology; (10) the United States can play a role in assisting Israel with regional safety and security issues; (11) the National Science Foundation of the United States should collaborate with the Israel Science Foundation; (12) the United States and Israel should strive to develop more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development and associated areas; (13) the United States supports the goals of the Alternative Fuels Administration of Israel; (14) the United States strongly urges open dialogue and continued mechanisms for regular engagement and encourages further cooperation between applicable departments, agencies, ministries, institutions of higher education, and the private sectors of the United States and Israel on energy security issues, including— (A) identifying policy priorities associated with the development of natural resources of Israel; (B) discussing best practices to secure cyber energy infrastructure; (C) best practice sharing; (D) leveraging natural gas to positively impact regional stability; (E) improving energy efficiency and the overall performance of water desalination, wastewater treatment and reclamation, and other water treatment technologies; (F) technical and environmental management of deep-water exploration and production; (G) coastal protection and restoration; (H) academic outreach and engagement; (I) private sector and business development engagement; (J) regulatory consultations; (K) leveraging alternative transportation fuels and technologies; and (L) any other areas determined appropriate by the United States and Israel; (15) the United States acknowledges the achievements and importance of the United States-Israel Binational Industrial Research and Development Foundation and the United States-Israel Binational Science Foundation and supports continued multiyear funding to ensure the continuity of the programs of the Foundations; and (16) the United States and Israel have a shared interest in addressing their immediate, near-term, and long-term energy and environmental challenges. . (b) Establishment Section 917(b)(1) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(b)(1) ) is amended by striking to support research, development, and commercialization of renewable energy or energy efficiency and inserting to support energy efficiency, established energy development programs, and research, development, and commercialization of covered energy . (c) Types of energy Section 917(b)(2) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(b)(2) ) is amended— (1) in the heading, by striking Types of and inserting Covered ; (2) in subparagraph (F), by striking and after the semicolon at the end; (3) in subparagraph (G), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: (H) natural gas energy, including conventional and unconventional natural gas technologies and natural gas projects conducted by or in conjunction with the United States-Israel Binational Science Foundation, the United States-Israel Binational Industrial Research and Development Foundation, and the United States-Israel Science and Technology Foundation; and (I) improvement of energy efficiency and the overall performance of water desalination, wastewater treatment and reclamation, and other water treatment technologies. . (d) Eligible applicants Section 917(b)(3) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337(b)(3) ) is amended by striking energy efficiency or renewable and inserting covered . (e) Authorization of appropriations; international partnerships Section 917 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337 ) is amended— (1) by striking subsection (d); (2) by redesignating subsection (c) as subsection (e); and (3) by inserting after subsection (b) the following: (c) International partnerships (1) In general The Secretary may, subject to the availability of appropriations, enter into cooperative agreements supporting and enhancing dialogue and planning involving international partnerships between the Department and the Government of Israel and its ministries, offices, and institutions. The cooperative agreements shall include energy activities in addition to those involving research and development, and shall ensure that the shared technologies and other benefits of energy cooperation promote the domestic energy production of both nations. (2) Federal share The Secretary may not pay more than 50 percent of the costs described in paragraph (1). (3) Annual reports The Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate an annual report that describes— (A) actions taken to carry out this subsection; and (B) any projects under this subsection for which the Secretary requests funding. (d) United States-Israel Center The Secretary may establish a joint United States-Israel Center based in an area of the United States with the experience, knowledge, and expertise in offshore energy development to further dialogue and collaboration to develop energy efficiency, existing energy development programs, and more robust academic cooperation in energy innovation technology and engineering, water science, technology transfer, and analysis of geopolitical implications of new natural resource development and associated areas. . (f) Termination Subsection (e) of section 917 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17337 ) (as redesignated by subsection (d)(2)) is amended by striking the date that is 7 years after the date of enactment of this Act and inserting September 30, 2024 . 2. United States-Israel energy cooperation working group (a) Sense of Congress It is the sense of Congress that open dialogue and continued mechanisms for regular engagement encourages further cooperation between applicable departments, agencies, ministries, institutions of higher education, and the private sectors of the United States and Israel on energy security issues. (b) Establishment The Secretary of Energy and the Secretary of State shall seek to establish an Energy Cooperation Working Group within the semi-annual United States-Israel Strategic Dialogue. (c) Purpose The purpose of the Energy Cooperation Working Group referred to in subsection (b) shall be to strengthen dialogue between the United States and Israel on— (1) strategies to advance the deployment of renewable energy and energy efficiency; (2) identifying policy priorities associated with the development of the natural resources of Israel; (3) best practices for energy infrastructure cybersecurity; (4) leveraging natural gas resources to positively impact regional stability; (5) technical and environmental management of deep-water exploration and production; and (6) coastal protection and restoration. | https://www.govinfo.gov/content/pkg/BILLS-113hr3683ih/xml/BILLS-113hr3683ih.xml |
113-hr-3684 | I 113th CONGRESS 1st Session H. R. 3684 IN THE HOUSE OF REPRESENTATIVES December 10, 2013 Mrs. Capito (for herself, Mr. McKinley , Mr. Cramer , and Mr. Luetkemeyer ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Transportation and Infrastructure , Agriculture , and Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit Federal funding of foreign travel by the Administrator of the Environmental Protection Agency until the Agency conducts public listening sessions on rulemaking targeting carbon dioxide emissions from existing power plants in each of the 15 States with the highest percentage of electricity generated by coal in 2012.
1. Short title This Act may be cited as the Listen to Americans First Act of 2013 . 2. No foreign travel until public listening sessions are conducted in States that rely on coal Notwithstanding any other provision of law, no Federal funds may be obligated or expended for any travel outside of the United States or its territories by the Administrator of the Environmental Protection Agency until— (1) the Environmental Protection Agency conducts public listening sessions on rulemaking targeting carbon dioxide emissions from existing power plants in each of the 15 States with the highest percentage of electricity generated by coal in 2012 (West Virginia, Kentucky, Wyoming, Indiana, Missouri, North Dakota, Utah, Nebraska, New Mexico, Ohio, Colorado, Kansas, Iowa, Montana, and Wisconsin); and (2) the Administrator of the Environmental Protection Agency certifies to the chairman and ranking member of the Committee on Energy and Commerce of the House of Representatives and the chairman and ranking member of the Committee on Environment and Public Works of the Senate that the 15 public listening sessions described in paragraph (1) have taken place. | https://www.govinfo.gov/content/pkg/BILLS-113hr3684ih/xml/BILLS-113hr3684ih.xml |
113-hr-3685 | I 113th CONGRESS 1st Session H. R. 3685 IN THE HOUSE OF REPRESENTATIVES December 10, 2013 Mr. Barletta (for himself, Mr. Meehan , Mr. LoBiondo , Mr. Runyan , Mr. Fitzpatrick , Mr. Perry , Mr. Thompson of Pennsylvania , Mr. Lance , Mr. Joyce , Mr. Simpson , Mr. Renacci , Mr. Meadows , Mr. Gerlach , Mr. Jones , Mr. Bachus , Mrs. Noem , Mrs. Miller of Michigan , Mr. Huizenga of Michigan , Mr. Grimm , Mr. Austin Scott of Georgia , Mr. Rodney Davis of Illinois , Mr. Hanna , Mr. McKinley , Mrs. Walorski , Mr. Fincher , Mr. Cotton , Mr. Shuster , Mr. Gardner , Mr. Pitts , Mr. Collins of New York , Mr. Marino , and Mr. Barr ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To ensure that emergency services volunteers are not counted as full-time employees under the shared responsibility requirements contained in the Patient Protection and Affordable Care Act.
1. Short title This Act may be cited as the Protecting Volunteer Firefighters and Emergency Responders Act . 2. Emergency services volunteers (a) In general Section 4980H(c)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following: (C) Exception (i) In general For purposes of this section, a qualified emergency services volunteer shall not be counted in determining the number of full-time employees who are employed by an employer. (ii) Definition of qualified emergency services volunteer The term qualified emergency services volunteer means any bona fide volunteer, as defined by paragraph (11)(B)(i) of section 457(e) performing fire fighting and prevention services, emergency medical services, or ambulance services for an eligible employer, as defined by paragraph (1) of such section. . (b) Rule of construction Nothing in this section, or the amendment made by this section, shall be construed to modify the treatment of qualified emergency services volunteers (as defined in subparagraph (C) of section 4980H(c)(4) of the Internal Revenue Code of 1986, as added by subsection (a)) in any capacity other than the treatment of such volunteers under the shared responsibility provision for employers with respect to health coverage under the Patient Protection and Affordable Care Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3685ih/xml/BILLS-113hr3685ih.xml |
113-hr-3686 | I 113th CONGRESS 1st Session H. R. 3686 IN THE HOUSE OF REPRESENTATIVES December 10, 2013 Mr. Rodney Davis of Illinois (for himself, Mr. Joyce , and Mr. Graves of Missouri ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require official White House meals and meals served at White House or Department of Agriculture cafeterias to be in compliance with the nutrition requirements for the school breakfast program and the school lunch program.
1. Short title This Act may be cited as the School Nutrition Fairness Act . 2. Nutrition requirements (a) In general Notwithstanding any other provision of law, each official meal served at the White House, and each meal served at a cafeteria located at the White House or at the Department of Agriculture shall be in compliance with the nutrition requirements for school meals under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ). (b) Definition For purposes of this Act, the phrase official meal means a lunch or dinner served at an official White House function and funded by annual appropriation Acts. | https://www.govinfo.gov/content/pkg/BILLS-113hr3686ih/xml/BILLS-113hr3686ih.xml |
113-hr-3687 | I 113th CONGRESS 1st Session H. R. 3687 IN THE HOUSE OF REPRESENTATIVES December 10, 2013 Mr. Issa (for himself, Mr. Thornberry , Mr. Calvert , Mr. Broun of Georgia , Mr. Coffman , Mrs. Bachmann , Mr. Weber of Texas , Mr. LaMalfa , Mr. Yoho , Mrs. Blackburn , Mr. Nunnelee , Mr. Gohmert , Mr. King of Iowa , Mr. Posey , Mr. Fleming , Mr. Bentivolio , Mr. Franks of Arizona , and Mr. Conaway ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the National Historic Preservation Act to provide that if the head of the agency managing Federal property objects to the inclusion of certain property on the National Register or its designation as a National Historic Landmark for reasons of national security, the Federal property shall be neither included nor designated until the objection is withdrawn, and for other purposes.
1. Short title This Act may be cited as the Military Land and National Defense Act or the Military LAND Act . 2. Amendments to the National Historic Preservation Act Section 101(a) of the National Historic Preservation Act ( 16 U.S.C. 470a(a) ) is amended as follows: (1) In paragraph (2)— (A) in subparagraph (E), by striking ; and and inserting a semicolon; (B) in subparagraph (F), by striking the period and inserting ; and ; and (C) by adding at the end the following: (G) notifying the Committee on Natural Resources of the United States House of Representatives and the Committee on Energy and Natural Resources of the Senate if the property is owned by the Federal Government when the property is being considered for inclusion on the National Register, for designation as a National Historic Landmark, or for nomination to the World Heritage List. . (2) By redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively. (3) By inserting after paragraph (6) the following: (7) If the head of the agency managing any Federal property objects to such inclusion or designation for reasons of national security, such as any impact the inclusion or designation would have on use of the property for military training or readiness purposes, that Federal property shall be neither included on the National Register nor designated as a National Historic Landmark until the objection is withdrawn. . (4) By adding after paragraph (9) (as so redesignated by paragraph (2) of this section) the following: (10) The Secretary shall promulgate regulations to allow for expedited removal of Federal property listed on the National Register of Historic Places if the managing agency of that Federal property submits to the Secretary a written request to remove the Federal property from the National Register of Historic Places for reasons of national security, such as any impact the inclusion or designation would have on use of the property for military training or readiness purposes. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3687ih/xml/BILLS-113hr3687ih.xml |
113-hr-3688 | I 113th CONGRESS 1st Session H. R. 3688 IN THE HOUSE OF REPRESENTATIVES December 10, 2013 Mr. Jeffries (for himself and Ms. Meng ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to direct the Bureau of Prisons to provide certain voting information to Federal prisoners upon their release from prison.
1. Short title This Act may be cited as the Ex-Offender Voter Registration Act of 2013 . 2. Provision of voting information to Federal prisoners Section 4042(a)(E) of title 18, United States Code, is amended by inserting after clause (vii) the following: (viii) The laws and regulations governing the right of an individual convicted of a felony who has been released from prison to vote in each of the 50 States, and, for the State in which the prisoner will reside upon release, any voter registration or application forms that the prisoner will need to complete in order to vote. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3688ih/xml/BILLS-113hr3688ih.xml |
113-hr-3689 | I 113th CONGRESS 1st Session H. R. 3689 IN THE HOUSE OF REPRESENTATIVES December 10, 2013 Mr. Jordan (for himself and Mr. Barrow of Georgia ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To restore Second Amendment rights in the District of Columbia.
1. Short title This title may be cited as the Second Amendment Enforcement Act . 2. Congressional findings Congress finds the following: (1) The law-abiding citizens of the District of Columbia are deprived by local laws of handguns, rifles, and shotguns that are commonly kept by law-abiding persons throughout the United States for sporting use and for lawful defense of their persons, homes, businesses, and families. (2) The District of Columbia has among the highest per capita murder rates in the Nation, which may be attributed in part to local laws prohibiting possession of firearms by law-abiding persons who would otherwise be able to defend themselves and their loved ones in their own homes and businesses. (3) Officials of the District of Columbia have indicated their intention to continue to unduly restrict lawful firearm possession and use by citizens of the District. (4) Legislation is required to correct the District of Columbia's law in order to restore the fundamental rights of its citizens under the Second Amendment to the United States Constitution and thereby enhance public safety. 3. Reform D.C. council’s authority to restrict firearms Section 4 of the Act entitled An Act to prohibit the killing of wild birds and wild animals in the District of Columbia , approved June 30, 1906 (34 Stat. 809; sec. 1–303.43, D.C. Official Code), is amended by adding at the end the following: Nothing in this section or any other provision of law shall authorize, or shall be construed to permit, the Council, the Mayor, or any governmental or regulatory authority of the District of Columbia to prohibit, constructively prohibit, or unduly burden the ability of persons not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, transporting for legitimate purposes, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act . The District of Columbia shall not have authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Nothing in the previous two sentences shall be construed to prohibit the District of Columbia from regulating the carrying of firearms by a person, either concealed or openly, other than at the person's dwelling place, place of business, or on other land possessed by the person. . 4. Repeal D.C. semiautomatic ban Section 101(10) of the Firearms Control Regulations Act of 1975 (sec. 7–2501.01(10), D.C. Official Code) is amended to read as follows: (10) Machine gun means any firearm which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term ‘machine gun’ shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a firearm into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. . 5. Repeal registration requirement and authorize ammunition sales (a) Repeal of requirement (1) In general Section 201(a) of the Firearms Control Regulations Act of 1975 (sec. 7–2502.01(a), D.C. Official Code) is amended by striking any firearm, unless and all that follows through paragraph (3) and inserting the following: any firearm described in subsection (c). . (2) Description of firearms remaining illegal Section 201 of such Act (sec. 7–2502.01, D.C. Official Code) is amended by adding at the end the following new subsection: (c) A firearm described in this subsection is any of the following: (1) A sawed-off shotgun. (2) A machine gun. (3) A short-barreled rifle. . (3) Conforming amendment The heading of section 201 of such Act (sec. 7–2502.01, D.C. Official Code) is amended by striking Registration requirements and inserting Firearm Possession . (b) Conforming Amendments to Firearms Control Regulations Act The Firearms Control Regulations Act of 1975 is amended as follows: (1) Sections 202 through 211 (secs. 7–2502.02 through 7–2502.11, D.C. Official Code) are repealed. (2) Section 101 (sec. 7–2501.01, D.C. Official Code) is amended by striking paragraph (13). (3) Section 401 (sec. 7–2504.01, D.C. Official Code) is amended— (A) in subsection (a), by striking the District; and all that follows and inserting the following: the District, except that a person may engage in hand loading, reloading, or custom loading of ammunition for firearms lawfully possessed under this Act. ; and (B) in subsection (b), by striking which are unregisterable under section 202 and inserting which are prohibited under section 201 . (4) Section 402 (sec. 7–2504.02, D.C. Official Code) is amended— (A) in subsection (a), by striking Any person eligible to register a firearm and all that follows through such business, and inserting the following: Any person not otherwise prohibited from possessing or receiving a firearm under Federal or District law, or from being licensed under section 923 of title 18, United States Code, ; and (B) in subsection (b), by amending paragraph (1) to read as follows: (1) The applicant’s name; . (5) Section 403(b) (sec. 7–2504.03(b), D.C. Official Code) is amended by striking registration certificate and inserting dealer’s license . (6) Section 404(a)(3) (sec. 7–2504.04(a)(3)), D.C. Official Code) is amended— (A) in subparagraph (B)(i), by striking registration certificate number (if any) of the firearm, ; (B) in subparagraph (B)(iv), by striking holding the registration certificate and inserting from whom it was received for repair ; (C) in subparagraph (C)(i), by striking and registration certificate number (if any) of the firearm ; (D) in subparagraph (C)(ii), by striking registration certificate number or ; and (E) by striking subparagraphs (D) and (E). (7) Section 406(c) (sec. 7–2504.06(c), D.C. Official Code) is amended to read as follows: (c) Within 45 days of a decision becoming effective which is unfavorable to a licensee or to an applicant for a dealer’s license, the licensee or application shall— (1) lawfully remove from the District all destructive devices in his inventory, or peaceably surrender to the Chief all destructive devices in his inventory in the manner provided in section 705; and (2) lawfully dispose, to himself or to another, any firearms and ammunition in his inventory. . (8) Section 407(b) (sec. 7–2504.07(b), D.C. Official Code) is amended by striking would not be eligible and all that follows and inserting is prohibited from possessing or receiving a firearm under Federal or District law. . (9) Section 502 (sec. 7–2505.02, D.C. Official Code) is amended— (A) by amending subsection (a) to read as follows: (a) Any person or organization not prohibited from possessing or receiving a firearm under Federal or District law may sell or otherwise transfer ammunition or any firearm, except those which are prohibited under section 201, to a licensed dealer. ; (B) in subsection (b), by adding at the end the following new paragraph: (3) Ammunition, excluding restricted pistol bullets, to any person not otherwise prohibited from possessing or receiving ammunition. ; (C) by amending subsection (c) to read as follows: (c) Any dealer licensed under the provisions of this Act may sell or otherwise transfer a firearm to any person or organization not otherwise prohibited from possessing or receiving such firearm under Federal or District law. In the case of a sale or transfer of a handgun to a resident of the District of Columbia, a federally licensed importer, manufacturer, or dealer of firearms in Maryland or Virginia shall be treated as a dealer licensed under the provisions of this Act for purposes of the previous sentence, notwithstanding section 922(b)(3) of title 18, United States Code, if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both the District of Columbia and the jurisdiction in which the transfer occurs. ; (D) by striking subsection (d); and (E) by striking subsection (e). (10) Section 704 (sec. 7–2507.04, D.C. Official Code) is amended— (A) in subsection (a), by striking any registration certificate or and inserting a ; and (B) in subsection (b), by striking registration certificate, . (c) Other Conforming Amendments Section 2(4) of the Illegal Firearm Sale and Distribution Strict Liability Act of 1992 (sec. 7–2531.01(4), D.C. Official Code) is amended— (1) in subparagraph (A), by striking or ignoring proof of the purchaser’s residence in the District of Columbia ; and (2) in subparagraph (B), by striking registration and . 6. Repeal handgun ammunition ban Section 601(3) of the Firearms Control Regulations Act of 1975 (sec. 7–2506.01(3), D.C. Official Code) is amended by striking is the holder of the valid registration certificate for and inserting owns . 7. Restore right of self defense in the home Section 702 of the Firearms Control Regulations Act of 1975 (sec. 7–2507.02, D.C. Official Code) is amended to read as follows: 702. Penalties for Allowing Access of Minors to Loaded Firearms if Injury Results (a) In General A person in the District of Columbia is guilty of unlawful storage of a firearm if— (1) the person knowingly stores or leaves a loaded firearm at any premises under the person’s control; (2) the person knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the minor’s parent or legal guardian; and (3) the minor kills or injures any person (including the minor) by discharging the firearm. (b) Exceptions This section does not apply if— (1) the firearm was stored in a securely locked container and the person did not inform the minor of the location of the key to, or the combination of, the container’s lock; (2) the firearm was secured by a trigger lock and the person did not inform the minor of the location of the key to, or the combination of, the trigger lock; (3) the firearm was stored on the person’s body or in such proximity to the person that it could be used as quickly and as easily as if it were on the person’s body; (4) the minor’s access to the firearm was a result of an unlawful entry; (5) when discharging the firearm, the minor was acting in lawful self-defense or in defense of another; (6) when discharging the firearm, the minor was engaged in hunting or target or sport shooting under the supervision of the minor’s parent or guardian, or under the supervision of another person over the age of 18 with the parent’s or guardian’s consent; or (7) the firearm is in the possession or control of a law enforcement officer while the officer is engaged in official duties. (c) Minor Defined In this section, the term minor means an individual under 16 years of age. (d) Penalty A person who violates this section shall be subject to a fine not exceeding $1,000, a term of imprisonment not exceeding one year, or both. (e) Special Rule if Victim of Shooting is Child of Person Committing Violation If a violation of this section leads to the accidental shooting of a minor who is the child of the person who committed the violation, the United States attorney shall consider both the extent of the minor’s injuries and the effect of the minor’s injury or death on both of the minor’s parents when deciding whether to file charges under this section. No prosecution shall be brought in such circumstances unless the person who committed the violation behaved in a grossly negligent manner, or unless similarly egregious circumstances exist. . 8. Remove criminal penalties for possession of unregistered firearms (a) In general Section 706 of the Firearms Control Regulations Act of 1975 (sec. 7–2507.06, D.C. Official Code) is amended by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (b) Effective date The amendment made by subsection (a) shall apply with respect to violations occurring after the 60-day period which begins on the date of the enactment of this Act. 9. Regulating Inoperable Pistols and Harmonizing Definitions for Certain Types of Firearms Section 1 of the Act of July 8, 1932 (sec. 22–4501, D.C. Official Code), is amended as follows: (1) Insert after paragraph (2) the following new paragraph: (2A) Firearm means any weapon, regardless of operability, which will, or is designed or redesigned, made or remade, readily converted, restored, or repaired, or is intended to, expel a projectile or projectiles by the action of an explosive. Such term does not include— (A) a destructive device, as defined in section 101(7) of the Firearms Control Regulations Act of 1975; (B) a device used exclusively for line throwing, signaling, or safety, and required or recommended by the Coast Guard or Interstate Commerce Commission; or (C) a device used exclusively for firing explosive rivets, stud cartridges, or similar industrial ammunition and incapable for use as a weapon. . (2) Amend paragraph (4) to read as follows: (4) Machine gun has the meaning given such term in section 101(10) of the Firearms Control Regulations Act of 1975. . (3) Amend paragraph (6) to read as follows: (6) Pistol has the meaning given such term in section 101(12) of the Firearms Control Regulations Act of 1975. . (4) Insert after paragraph (6) the following new paragraph: (6A) Place of business has the meaning given such term in section 101(12A) of the Firearms Control Regulations Act of 1975. . (5) Amend paragraph (8) to read as follows: (8) Sawed-off shotgun has the meaning given such term in section 101(15) of the Firearms Control Regulations Act of 1975. . (6) Insert after paragraph (9) the following new paragraph: (9A) Shotgun has the meaning given such term in section 101(16) of the Firearms Control Regulations Act of 1975. . 10. Prohibitions of Firearms From Private and Sensitive Public Property The Act of July 8, 1932 (sec. 22–4501 et seq., D.C. Official Code), is amended by inserting after section 3 the following new section: 3A. Prohibitions of Firearms From Private and Sensitive Public Property (a) Private persons or entities owning property in the District of Columbia may prohibit or restrict the possession of firearms on their property by any persons, other than law enforcement personnel when lawfully authorized to enter onto the property or lessees occupying residential or business premises. (b) The District of Columbia may prohibit or restrict the possession of firearms within any building or structure under its control, or in any area of such building or structure, which has implemented security measures (including but not limited to guard posts, metal detection devices, x-ray or other scanning devices, or card-based or biometric access devices) to identify and exclude unauthorized or hazardous persons or articles, except that no such prohibition or restriction may apply to lessees occupying residential or business premises. . 11. Regulating the Carrying of Firearms (a) Carrying Rifles or Shotguns Section 4 of the Act of July 8, 1932 (sec. 22–4504, D.C. Official Code), is amended by inserting after subsection (a) the following new subsection: (a-1) Except as otherwise permitted by law, no person shall carry within the District of Columbia a rifle or shotgun. A person who violates this subsection shall be subject, as applicable, to the criminal penalties set forth in section 15 and paragraph (2) of subsection (a). . (b) Authority To Carry Firearm in Certain Places and for Certain Purposes; Lawful Transportation of Firearms The Act of July 8, 1932 (sec. 22–4501 et seq., D.C. Official Code), is amended by inserting after section 4 the following new sections: 4A. Authority To Carry Firearm in Certain Places and for Certain Purposes Notwithstanding any other law, a person not otherwise prohibited by law from shipping, transporting, possessing, or receiving a firearm may carry such firearm, whether loaded or unloaded— (1) in the person’s dwelling house or place of business or on land owned or lawfully possessed by the person; (2) by invitation on land owned or lawfully possessed by another; (3) while it is being used for lawful recreational, sporting, educational, or training purposes; or (4) while it is being transported for a lawful purpose as expressly authorized by District or Federal law and in accordance with the requirements of that law. 4B. Lawful Transportation of Firearms (a) Any person who is not otherwise prohibited by law from shipping, transporting, possessing, or receiving a firearm shall be permitted to transport a firearm for any lawful purpose from any place where he may lawfully possess the firearm to any other place where he may lawfully possess the firearm if the firearm is transported in accordance with this section. (b) (1) If the transportation of the firearm is by a vehicle, the firearm shall be unloaded, and neither the firearm nor any ammunition being transported shall be readily accessible or directly accessible from the passenger compartment of the transporting vehicle. (2) If the transporting vehicle does not have a compartment separate from the driver's compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console, and the firearm shall be unloaded. (c) If the transportation of the firearm is in a manner other than in a vehicle, the firearm shall be— (1) unloaded; (2) inside a locked container; and (3) separate from any ammunition. . (c) Exceptions to Restrictions on Carrying Concealed Weapons Section 5 of such Act (sec. 22–4505, D.C. Official Code) is amended— (1) in subsection (a), by striking pistol unloaded and in a secure wrapper from and inserting firearm, transported in accordance with section 4b, from ; and (2) in subsection (a), by striking pistol each place it appears and inserting firearm . 12. Including Toy and Antique Pistols in Prohibition Against Using an Imitation Firearm to Commit a Violent or Dangerous Crime Section 13 of the Act of July 8, 1932 (sec. 22–4513, D.C. Official Code), is amended by striking “section 2 and section 14(b)” and inserting “sections 2, 4(b), and 14(b)”. 13. Providing Jurisdiction to Office of Administrative Hearings to Hear Cases Pertaining to Denial or Revocation of Firearm Dealer Licenses Section 6 of the Office of Administrative Hearings Establishment Act of 2001 (D.C. Law 14–76; sec. 2–1831.03, D.C. Official Code), as amended by section 3 of the Child Sexual Abuse Reporting Amendment Act of 2012 (D.C. Law 19–315), is amended by inserting after subsection (b-6) the following new subsection: (b-7) In addition to those adjudicated cases listed in any of the previous subsections, this Act shall apply to all adjudicated cases involving the denial or revocation of a dealer license pursuant to section 406 of the Firearms Control Regulations Act of 1975. . 14. Repeal of gun offender registry Title VIII of the Firearms Control Regulations Act of 1975 (sec. 7–2508.01 et seq., D.C. Official Code), as added by section 205 of the Omnibus Public Safety and Justice Amendment Act of 2009 (D.C. Law 18–88), is repealed. 15. Repeals of District of Columbia Acts Effective on the day before the date of the enactment of this Act, each of the following Acts is repealed, and any provision of law amended or repealed by any of such Acts is restored or revived as if such Act had not been enacted into law: (1) The Firearms Registration Amendment Act of 2008 (D.C. Law 17–372). (2) The Inoperable Pistol Amendment Act of 2008 (D.C. Law 17–388). (3) The Firearms Amendment Act of 2012 (D.C. Law 19–170). (4) The Administrative Disposition for Weapons Offenses Amendment Act of 2012 (D.C. Law 19–295). 16. Severability Notwithstanding any other provision of this Act, if any provision of this Act, or any amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the other provisions of this Act and any other amendments made by this Act, and the application of such provision or amendment to other persons or circumstances, shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-113hr3689ih/xml/BILLS-113hr3689ih.xml |
113-hr-3690 | I 113th CONGRESS 1st Session H. R. 3690 IN THE HOUSE OF REPRESENTATIVES December 10, 2013 Mr. Kennedy (for himself and Mr. Honda ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To increase the participation of women, girls, and underrepresented minorities in STEM fields, to encourage and support students from all economic backgrounds to pursue STEM career opportunities, and for other purposes.
1. Short title This Act may be cited as the STEM Gateways Act . 2. Findings Congress finds the following: (1) According to a 2013 Census Bureau study, women’s representation in STEM occupations has increased since the 1970s, but women remain significantly underrepresented in engineering and computing occupations that make up more than 80 percent of all STEM employment. Women’s representation in computer occupations has declined since the 1990s. In 2011, 26 percent of STEM workers were women and 74 percent were men. According to the National Action Council for Minorities in Engineering, Inc. (NACME), the number of engineering degrees awarded to African-American women has steadily declined since the late 1990s. (2) According to the Brookings Institution 2013 report, The Hidden STEM Economy , half of all STEM jobs are available to workers without a 4-year college degree, and these jobs pay $53,000 per year on average. This sector of the STEM economy offers job opportunities for many workers with qualified certificates or associate’s degrees, drawing from high schools, workforce training programs, vocational schools, and community colleges. Despite these opportunities, only one-fifth of the $4.3 billion spent annually by the Federal Government on STEM education and training goes towards supporting sub-bachelor’s level training. (3) According to a 2011 report by the Department of Commerce, underrepresented minorities account for only 3 out of 10 professionals in STEM fields. (4) STEM workers in all demographic groups earn more than their non-STEM counterparts. (5) According to the America After 3pm report, children from African-American, Hispanic, and Native American populations participate in afterschool programs in greater numbers than the average. Girls also participate in equal numbers to boys in such programs. Afterschool learning thus represents an intervention point to engage with populations currently underrepresented in STEM fields and careers. 3. Grant program authorized (a) Program authorized From the amounts appropriated to carry out this section, the Secretary of Education shall award grants to eligible entities, on a competitive basis, to enable such eligible entities to carry out programs described in subsection (d) to achieve, with respect to women and girls, underrepresented minorities, and individuals from all economic backgrounds, (including economically disadvantaged individuals and individuals living in economically distressed areas), one or more of the following goals: (1) Encourage interest in the STEM fields at the elementary school or secondary school levels. (2) Motivate engagement in STEM fields by providing relevant hands-on learning opportunities at the elementary school and secondary school levels. (3) Support classroom success in STEM disciplines at the elementary school or secondary school levels. (4) Support workforce training and career preparation in STEM fields at the secondary school level. (5) Improve access to career and continuing education opportunities in STEM fields at the secondary school level. (b) Limitation The Secretary may award grants under this section for not more than a 5-year period. (c) Application (1) In general Each eligible entity that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Contents An application submitted under paragraph (1) shall contain— (A) in the case of an eligible entity that plans to use the grant funds at the elementary school level— (i) a description of the programs the eligible entity will carry out to achieve one or more of the goals described in paragraphs (1) through (3) of subsection (a) at the elementary school level, including the content of the programs and research and models used to design the programs; and (ii) a description of how the programs described in clause (i) will support the success of women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas) in STEM education, such as— (I) recruiting such individuals to participate in the programs; (II) supporting educators who will lead the programs, and participants in the programs; (III) encouraging partnerships between in-school and out-of-school educators, such as afterschool providers, science centers, and museums; (IV) identifying public and private partners that are able to support the programs; and (V) planning for sustaining the programs financially beyond the grant period; and (B) in the case of an eligible entity that plans to use the grant funds at the secondary school level— (i) a description of the programs the eligible entity will carry out to achieve one or more of the goals described in paragraphs (1) through (5) of subsection (a) at the secondary school level, including the content of the programs and research and models used to design the programs; (ii) a description of how the programs described in clause (i) will support the success of women and girls, underrepresented minorities, and individuals from all economic backgrounds (including economically disadvantaged individuals and individuals living in economically distressed areas) in STEM education and workforce training that prepares such individuals to take advantage of employment opportunities in STEM fields, such as— (I) recruiting such individuals to participate in the programs; (II) supporting educators who will lead such programs, and participants in the programs; (III) identifying public and private partners that are able to support the programs; (IV) partnering with institutions of higher education or institutions providing informal science education, such as afterschool programs and science centers and museums; (V) partnering with institutions of higher education; and (VI) planning for sustaining the programs financially beyond the grant period; (iii) a review of the industry and business workforce needs, including the demand for workers with knowledge or training in a STEM field; and (iv) an analysis of job openings that require knowledge or training in a STEM field. (d) Use of funds (1) Required use of funds An eligible entity that receives a grant under this section shall use such grant funds to carry out programs to achieve one or more of the goals described in subsection (a) at the elementary school or secondary school levels, with respect to women and girls, underrepresented minorities, and students from all economic backgrounds (including economically disadvantaged individuals, and students living in economically distressed areas). (2) Authorized use of funds The programs described in paragraph (1) may include any of the following activities, with respect to the individuals described in paragraph (1) : (A) Carrying out the activities described in subparagraph (A)(ii) or (B)(ii), as appropriate. (B) Providing professional development for teachers, afterschool providers, and other school personnel in elementary schools or secondary schools, including professional development to encourage, through academic instruction and support, such individuals to pursue advanced classes and careers in STEM fields. (C) Providing tutoring and mentoring programs in STEM fields. (D) Establishing partnerships with institutions of higher education, potential employers, and other industry stakeholders that expose such individuals to professionals in STEM fields, or providing opportunities for postsecondary academic credits or credentials. (E) Providing after-school activities and other informal learning opportunities designed to encourage interest and develop skills in STEM fields. (F) Providing summer programs to extend learning time and to deepen the skills and interest in STEM fields of such individuals. (G) Purchasing and utilizing— (i) educational or instructional materials that are designed to improve educational outcomes in STEM fields, and will serve to deepen the skills and interest in STEM fields of such individuals; or (ii) equipment, instrumentation, or hardware used to teach and encourage interest in STEM fields. (H) Internships or opportunities for experiential learning in STEM fields. (e) Report (1) Eligible entities Each eligible entity receiving a grant under this Act shall, on an annual basis, submit a report to the Secretary on the use of funds and the number of students who participated in the programs carried out with the grant funds. (2) Secretary The Secretary shall, on an annual basis, and using the reports received under paragraph (1), report to Congress on the overall impact and effectiveness of the grant program under this Act. 4. Definitions In this Act: (1) ESEA definitions The terms educational service agency , local educational agency , institution of higher education , Secretary , and State have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Community college The term community college has the meaning given the term junior or community college in section 312 of the Higher Education Act of 1965 ( 20 U.S.C. 1058 ). (3) Economically disadvantaged individual The term economically disadvantaged individual has the meaning given the term in section 400.4 of title 34, Code of Federal Regulations, as such section is in effect on the date of enactment of this Act. (4) Economically distressed area The term economically distressed area means a county or equivalent division of local government of a State in which, according to the most recently available data from the Bureau of the Census, 40 percent or more of the residents have an annual income that is at or below the poverty level. (5) Eligible entity The term eligible entity means— (A) a local educational agency; (B) an educational service agency serving more than 1 local educational agency; (C) a consortium of local educational agencies; (D) nonprofit organizations that— (i) work with elementary schools, secondary schools, or institutions of higher education; and (ii) have demonstrated a commitment to achieving the goals described in paragraphs (1) through (4) of section 3(a); or (E) community colleges working in partnership with secondary schools to create opportunities for dual enrollment, credit transfer, or accelerated post-secondary credentialing. (6) Partners The term partners means organizations who employ workers in STEM-related careers or organizations with demonstrated expertise in identifying, scaling, and implementing successful practices in STEM education and workforce development. (7) STEM The term STEM means science, technology, engineering, and mathematics. (8) Underrepresented minority The term underrepresented minority has the meaning given the term minority in section 637.4(b) of title 34, Code of Federal Regulations, as such section is in effect on the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3690ih/xml/BILLS-113hr3690ih.xml |
113-hr-3691 | I 113th CONGRESS 1st Session H. R. 3691 IN THE HOUSE OF REPRESENTATIVES December 10, 2013 Mr. Kildee introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require additional disclosures when lending to military members and their dependents, and for other purposes.
1. Short title This Act may be cited as the Transparency in Military Lending Act of 2013 . 2. Transparency in lending to military members and their dependents (a) Transparency and disclosures Section 987(c) of title 10, United States Code, is amended by adding at the end the following: (3) Additional disclosures (A) In general With respect to any extension of consumer credit described under paragraph (1), a creditor shall provide to the member or dependent each of the following pieces of information, orally and in writing, and the creditor may not issue the credit unless the member or dependent signs a separate acknowledgment next to each piece of information acknowledging that the member or dependent has read each such piece: (i) A statement that the Department of Defense and each service branch, offers a variety of financial counseling services. (ii) A statement that other, lower interest rate loans, including potentially 0 percent interest loans, may be available through other financial institutions and military relief societies. (iii) Contact information for the nearest Department of Defense financial counseling office. (iv) The actual cost of the extension of credit, prepared as an amortization table showing what the cost to the member or dependent will be if paid off at different points over time. (B) Format of disclosures The disclosures required under this paragraph shall be made on a single sheet of paper and be in a bold, 14-point font. (C) List of financial counseling offices The Secretary of Defense shall prepare a list of Department of Defense financial counseling offices, and make sure the list is available to creditors and the public. . (b) Transparency for payday loans and vehicle loans Solely for purposes of the disclosures required under section 987(c)(3) of title 10, United States Code, the Secretary of Defense shall apply the definitions of payday loans and vehicle title loans under section 232.3 of title 32, Code of Federal Regulations, as providing that the terms of such loans are 10 years or less. | https://www.govinfo.gov/content/pkg/BILLS-113hr3691ih/xml/BILLS-113hr3691ih.xml |
113-hr-3692 | I 113th CONGRESS 1st Session H. R. 3692 IN THE HOUSE OF REPRESENTATIVES December 10, 2013 Mr. Loebsack introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize a competitive grant program to implement and evaluate digital learning in rural locales.
1. Short title This Act may be cited as the Schools of the Future Act . 2. Findings The Congress finds the following: (1) Digital learning technology holds the promise of transforming rural education by removing barriers of distance and increasing school capacity. (2) While many large urban local educational agencies are at the forefront of implementing new digital learning innovations, it is often harder for smaller and more rural local educational agencies to access these tools. Smaller local educational agencies with less capacity may also find it more difficult to provide the training needed to effectively implement new digital learning technologies. (3) Despite the potential of digital learning in rural areas, these advancements risk bypassing rural areas without support for their implementation. Rather than having schools and local educational agencies apply digital learning innovations designed for urban environments to rural areas, it is important that digital learning technologies be developed and implemented in ways that reflect the unique needs of rural areas. (4) Digital learning is rapidly expanding, and new tools for improving teaching and learning are being developed every day. A growing demand for digital learning tools and products has made rigorous evaluation of their effectiveness increasingly important, as this information would allow school and local educational agency leaders to make informed choices about how best to use these tools to improve student achievement and educational outcomes. (5) High-quality digital learning increases student access to courses that may not have been available to students in rural communities, increasing their college and career readiness. 3. Program authorized (a) Grants to eligible partnerships From the amounts appropriated to carry out this Act, the Secretary of Education is authorized to award grants, on a competitive basis, to eligible partnerships to carry out the activities described in section 6 . (b) Duration of grant A grant under subsection (a) shall be awarded for not less than a 3-year and not longer than a 5-year period. (c) Fiscal Agent If an eligible partnership receives a grant under this Act, a school partner in the partnership shall serve as the fiscal agent for the partnership. 4. Application An eligible partnership desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include the following: (1) A description of the eligible partnership, including the name of each of the partners and their respective roles and responsibilities. (2) A description of the technology-based learning practice, tool, strategy, or course that the eligible partnership proposes to develop or implement using the grant funds. (3) An assurance that all teachers of record hold the relevant license and are otherwise qualified to implement any technology-based practice, tool, strategy, or course using the grant funds. (4) An assurance that all students in a class or school implementing a practice, tool, strategy or course using the grant funds will have access to any equipment necessary to participate on a full and equitable basis. (5) An assurance that the proposed uses of smartphones, laptops, tablets, or other devices susceptible to inappropriate use have the informed consent of parents or guardians and are not inconsistent with any policies of the local educational agency on the use of such devices. (6) Information relevant to the selection criteria under section 5(c) . (7) A description of the evaluation to be undertaken by the eligible partnership, including— (A) how the school partner and the evaluation partner will work together to implement the practice, tool, strategy, or course in such a way that permits the use of a rigorous, independent evaluation design that meets the standards of the What Works Clearinghouse of the Institute of Education Sciences; and (B) a description of the evaluation design that meets such standards, which will be used to measure any significant effects on the outcomes described in paragraphs (1) through (3) of section 7(a). (8) An estimate of the number of students to be reached through the grant and evidence of its capacity to reach the proposed number of students during the course of the grant. (9) An assurance that the school partner in the eligible partnership will ensure that each school to be served by the grant under this Act is designated with a school locale code of Fringe Rural, Distant Rural, or Remote Rural, as determined by the Secretary. (10) Any other information the Secretary may require. 5. Application review and award basis (a) Peer Review The Secretary shall use a peer review process to review applications for grants under this Act. The Secretary shall appoint individuals to the peer review process who have relevant expertise in digital learning, research and evaluation, standards quality and alignment, and rural education. (b) Award Basis In awarding grants under this Act, the Secretary shall ensure, to the extent practicable, diversity in the type of activities funded under the grants. (c) Selection Criteria In evaluating an eligible partnership’s application for a grant under this Act, the Secretary shall consider— (1) the need for the proposed technology-based learning practice, tool, strategy, or course; (2) the quality of the design of the proposed practice, tool, strategy, or course; (3) the strength of the existing research evidence with respect to such practice, tool, strategy, or course; (4) the experience of the eligible partnership; and (5) the quality of the evaluation proposed by the eligible partnership. 6. Use of funds (a) Required use of funds (1) In general An eligible partnership receiving a grant under this Act shall use such funds to implement and evaluate the results of technology-based learning practices, strategies, tools, or courses, including the practices, strategies, tools, or courses identified under paragraphs (2) through (6). (2) Tools and courses designed to personalize the learning experience Technology-based tools and courses identified under this paragraph include the following types of tools and courses designed to personalize the learning experience: (A) Technology-based personalized instructional systems. (B) Adaptive software, games, or tools, that can be used to personalize learning. (C) Computer-based tutoring courses to help struggling students. (D) Games, digital tools, and smartphone or tablet applications to improve students’ engagement, focus, and time on task. (E) Other tools and courses designed to personalize the learning experience. (3) Practices and strategies designed to aid and inform instruction Technology-based practices and strategies identified under this paragraph include the following types of practices and strategies designed to aid and inform instruction: (A) Adaptive software, games, or tools that can be used for the purpose of formative assessment. (B) Web resources that provide teachers and their students access to instructional and curricular materials that are— (i) aligned with high-quality standards; and (ii) designed to prepare students for college and a career, such as a repository of primary historical sources for use in history and civics courses or examples of developmentally appropriate science experiments. (C) Online professional development opportunities, teacher mentoring opportunities, and professional learning communities. (D) Tools or web resources designed to address specific instructional problems. (E) Other practices and strategies designed to personalize the learning experience. (4) Tools, courses, and strategies designed to improve the achievement of students with specific educational needs Technology-based tools, courses, and strategies identified under this paragraph include the following types of tools, courses, and strategies designed to meet the needs of students with specific educational needs: (A) Digital tools specifically designed to meet the needs of students with a particular disability. (B) Online courses that give students who are not on track to graduate or have already dropped out of school the opportunity for accelerated credit recovery. (C) Language instruction courses, games, or software designed to meet the needs of English language learners. (D) Other tools, courses, and strategies designed to personalize the learning experience. (5) Tools, courses, and strategies designed to help students develop 21st Century skills Technology-based tools, courses, and strategies identified under this paragraph include peer-to-peer virtual learning opportunities to be used for the purposes of project-based learning, deeper learning, and collaborative learning, and other tools, courses, and strategies designed to help students develop 21st century skills, such as the ability to think critically and solve problems, be effective communicators, collaborate with others, and learn to create and innovate. (6) Technology-based or online courses that allow students to take courses that they would not otherwise have access to Technology-based or online courses identified under this paragraph include courses or collections of courses that provide students access to courses that they would not otherwise have access to, such as the following: (A) An online repository of elective courses. (B) Online or software-based courses in foreign languages, especially in languages identified as critical or in schools where a teacher is not available to teach the language or course level a student requires. (C) Online advanced or college-level courses that can be taken for credit. (b) Authorized use of funds An eligible partnership receiving a grant under this Act may use grant funds to— (1) develop the technology for technology-based learning strategies, practices, courses, or tools to be carried out under the grant; (2) purchase hardware or software needed to carry out such strategies, practices, courses, or tools under the grant, except that such purchases may not exceed 50 percent of total grant funds; (3) address the particular needs of student subgroups, including students with disabilities and English-language learners; (4) provide technology-based professional development or professional development on how to maximize the utility of technology; and (5) address issues of cost and capacity in rural areas and shortage subjects. 7. Data collection and evaluation (a) In general Each eligible partnership receiving a grant under this Act shall require its evaluation partner to complete an independent, comprehensive, well-designed, and well-implemented evaluation that meets the standards of the What Works Clearinghouse after the third year of implementation of the grant to measure the effect of the practice, tool, strategy, or course on— (1) student achievement, as measured by high quality assessments that provide objective, valid, reliable measures of student academic growth and information on whether a student is on-track to graduate ready for college and career; (2) costs and savings to the school partner; and (3) at least one of the following: (A) Student achievement gaps. (B) Graduation and dropout rates. (C) College enrollment. (D) College persistence. (E) College completion. (F) Placement in a living-wage job. (G) Enhanced teacher or principal effectiveness as measured by valid, reliable, and multiple measures of student achievement and other appropriate measures. (b) Evaluation The Secretary shall— (1) acting through the Director of the Institute of Education Sciences— (A) evaluate the implementation and impact of the activities supported under the grant program authorized under this section; and (B) identify best practices; and (2) disseminate, in consultation with the regional educational laboratories established under part D of the Education Sciences Reform Act of 2002 and comprehensive centers established under the Educational Technical Assistance Act of 2002, research on best practices in school leadership. (c) Implementation evaluation An evaluation partner may use funds under this Act to carry out an implementation evaluation designed to provide information that may be useful for schools, local educational agencies, States, consortia of schools, and charter school networks seeking to implement similar practices, tools, strategies, or courses in the future. (d) Publication of results Upon completion of an evaluation described in subsection (a), (b), or (c) the evaluation partner shall— (1) submit a report of the results of the evaluation to the Secretary; and (2) make publicly available such results. 8. Definitions In this Act: (1) Eligible partnership The term eligible partnership means a partnership that includes a school partner and not less than 1— (A) digital learning partner, except that in a case in which a school partner or evaluation partner demonstrates expertise in digital learning to the Secretary; and (B) evaluation partner. (2) School partner The term school partner means a— (A) local educational agency; (B) a charter school network that does not include virtual schools; (C) a consortium of public elementary schools or secondary schools; (D) a regional educational service agency or similar regional educational service provider; or (E) a consortium of the entities described in subparagraphs (A) through (D). (3) Digital Learning partner The term digital learning partner means an organization with expertise in the technology required to develop or implement the digital learning practices, tools, strategies, or courses proposed by the school partner with which the digital learning partner will partner or has partnered under this Act, such as— (A) an institution of higher education; (B) a nonprofit organization; or (C) an organization with school development or turnaround experience. (4) Evaluation partner The term evaluation partner means a partner that has the expertise and ability to carry out the evaluation of a grant received under this Act, such as— (A) an institution of higher education; (B) a nonprofit organization with expertise in evaluation; or (C) an evaluation firm. (5) 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 ). (6) Local educational agency The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (7) Secretary The term Secretary means the Secretary of Education. | https://www.govinfo.gov/content/pkg/BILLS-113hr3692ih/xml/BILLS-113hr3692ih.xml |
113-hr-3693 | I 113th CONGRESS 1st Session H. R. 3693 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Cassidy (for himself, Mr. Buchanan , Mr. Hastings of Florida , Mr. Palazzo , Mr. Scalise , Mr. Rogers of Alabama , Mr. Ross , Mr. Johnson of Ohio , Mr. Nugent , Mr. Marino , Ms. Castor of Florida , Ms. Ros-Lehtinen , Mr. Bilirakis , Mr. Crenshaw , and Mr. Southerland ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To clarify the application of the Biggert-Waters Flood Insurance Reform Act of 2012 to premium rates for certain properties, and for other purposes.
1. Short title This Act may be cited as the Flood Insurance Relief and Transparency Act of 2013 . 2. Delayed effective date for premium rate increases for properties subject to map revisions or updates (a) Delay Notwithstanding any other provision of law, any change in risk premium rates for flood insurance under the National Flood Insurance Program otherwise resulting from the amendment made by section 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 919) shall not take effect until March 1, 2015. (b) Disclosure Not later than October 1, 2014, the Administrator of the Federal Emergency Management Agency shall make publicly available all data affecting any changes in risk premium rates for flood insurance coverage under the National Flood Insurance Program resulting from the amendment made by section 100207 of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ; 126 Stat. 919). (c) Effective date Subsection (a) shall take effect as if enacted as part of the Biggert-Waters Flood Insurance Reform Act of 2012 ( Public Law 112–141 ). 3. 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— (1) by striking there and inserting amounts not otherwise obligated from the National Flood Insurance Fund ; and (2) by striking from the National Flood Insurance Fund, of amounts not otherwise obligated, not more than $750,000 . 4. Monthly installment payments for premiums Section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 ) is amended by striking subsection (g) and inserting the following new subsection: (g) Conditions for monthly payments (1) Option Notwithstanding any other provision of law, with respect to any chargeable risk premiums for flood insurance coverage under this title, the Administrator shall provide policyholders with the option of paying such premiums on an annual or monthly basis. (2) Eligibility A policyholder of flood insurance coverage under this title shall be eligible to make monthly payments of premiums only if all of the following conditions are met: (A) The policyholder does not have the option of escrowing premiums and fees for flood insurance as provided in section 102(d) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(d) ). (B) The policyholder agrees to permit payment of the monthly premiums using electronic fund transfer or automatic withdrawals from a checking account, savings account, or credit card. (C) Upon a covered loss occurring and a claim being presented, the remaining premium owed for that policy term shall be deducted in full from payments made for that loss. (D) The policyholder certifies that the policyholder understands the payment terms and consequences for nonpayment due to insufficient funds, as provided under this subsection. (3) Monthly payments Upon the purchase or renewal of flood insurance coverage and paying the premium on a monthly basis, the policyholder shall pay no less than 1/12 of the total annual premium as the initial payment at time of application or renewal, and then equal monthly payments for the remaining 11 months of the policy, subject to paragraph (2)(C). (4) Additional premiums and administrative expenses The Administrator shall charge the policyholder an administrative fee to cover the operating and administrative expenses to administer monthly premium payments, and the Administrator may factor into the premiums to be paid by policyholders an appropriate amount of premium to cover any increased risk that may arise from allowing monthly installment payments. (5) Failure to make a payment Upon the purchase or renewal of a flood insurance policy, the Administrator shall provide the policyholder with a payment schedule identifying the date the premium will be collected through electronic fund transfer or automatic withdrawals from a checking account, savings account, or credit card. If there are insufficient funds to cover the monthly premium payment due on the date specified in the schedule or the required payment is otherwise not received— (A) coverage under the National Flood Insurance Program will immediately end effective the following day at 12:01 a.m.; and (B) the policyholder will no longer be eligible to make premium payments on a monthly basis for an appropriate period, as identified by the Administrator. (6) Implementation Notwithstanding section 1306 ( 42 U.S.C. 4013 ), not later than the expiration of the 1-year period beginning on the date of enactment of this subsection, the Administrator may issue an endorsement to the Residential and General Standard Flood Insurance Policies to permit monthly payments, cancellation of coverage for non-payment, and any other terms necessary to implement this subsection. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3693ih/xml/BILLS-113hr3693ih.xml |
113-hr-3694 | I 113th CONGRESS 1st Session H. R. 3694 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Cummings (for himself, Mr. Issa , and Mr. Hinojosa ) 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 make technical improvements to the Net Price Calculator system so that prospective students may have a more accurate understanding of the true cost of college.
1. Short title This Act may be cited as the Net Price Calculator Improvement Act . 2. Minimum Standards for Net Price Calculators Section 132(h) of the Higher of Education Act of 1965 ( 20 U.S.C. 1015a(h) ) is amended— (1) by redesignating subsection (4) as subsection (6); (2) in paragraph (2), by inserting before the period the following , and, not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, shall meet the requirements of paragraph (4)(B) ; (3) in paragraph (3), by inserting after the first sentence the following: Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, such calculator shall meet the requirements of paragraph (4). ; and (4) by inserting after paragraph (3) the following: (4) Minimum requirements for net price calculators Not later than 1 year after the date of enactment of the Net Price Calculator Improvement Act, a net price calculator for an institution of higher education shall, at a minimum, meet the following requirements: (A) The link for the calculator— (i) is clearly labeled as a net price calculator and prominently, clearly, and conspicuously (in such size and contrast (such as shade) that it is readily noticeable and readable) posted in locations on the institution’s website where information on costs and aid is provided (such as financial aid, prospective students, or tuition and fees web pages); (ii) matches in size and font to the other prominent links on the primary menu; and (iii) may also be included on the institution’s compliance web page, which contains information relating to compliance with Federal, State, and local laws. (B) The results screen for the calculator specifies the following information: (i) Net price (as calculated under subsection (a)(3)) for the institution, which is the most visually prominent figure on the results screen. (ii) Cost of attendance, including— (I) tuition and fees; (II) average annual cost of room and board for the institution for a first-time, full-time undergraduate student enrolled in the institution; (III) average annual cost of books and supplies for a first-time, full-time undergraduate student enrolled in the institution; and (IV) estimated cost of other expenses (including personal expenses and transportation) for a first-time, full-time undergraduate student enrolled in the institution. (iii) Estimated total need-based grant aid and merit-based grant aid, from Federal, State, and institutional sources, that may be available to a first-time, full-time undergraduate student. (iv) Percentage of the first-time, full-time undergraduate students enrolled in the institution that received any type of grant aid described in clause (iii). (v) The disclaimer described in paragraph (6). (vi) In the case of a calculator that— (I) includes questions to estimate a student’s (or prospective student’s) eligibility for veterans’ education benefits (as defined in section 480) or educational benefits for active duty service members, such benefits are displayed on the results screen in a manner that clearly distinguishes them from the grant aid described in clause (iii); or (II) does not include questions to estimate eligibility for the benefits described in subclause (I), the results screen indicates that certain students (or prospective students) may qualify for such benefits and includes a link to information about such benefits. (C) The institution populates the calculator with data from not later than 2 academic years prior to the most recent academic year. (5) Prohibition on use of data collected by the net price calculator A net price calculator for an institution of higher education shall— (A) clearly indicate which questions are required to be completed for an estimate of the net price from the calculator; (B) in the case of a calculator that requests contact information from users, clearly mark such requests as optional ; and (C) prohibit any personally identifiable information provided by users from being sold or made available to third parties. . 3. Universal Net Price Calculator Section 132(h) of the Higher of Education Act of 1965 ( 20 U.S.C. 1015a(h) ) is further amended by adding at the end the following: (7) Universal net price calculator The Secretary may develop a universal net price calculator that— (A) enables users to answer one set of questions and receive net prices for any institution that is required to have a net price calculator under this subsection; (B) provides the information required under subparagraphs (B) and (C) of paragraph (4) for each institution for which a net price is being sought; and (C) is tested by students and families and evaluated by financial aid administrators and others in the field of postsecondary education before being finalized and publicly released. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3694ih/xml/BILLS-113hr3694ih.xml |
113-hr-3695 | I 113th CONGRESS 1st Session H. R. 3695 IN THE HOUSE OF REPRESENTATIVES AN ACT To provide a temporary extension of the Food, Conservation, and Energy Act of 2008 and amendments made by that Act, as previously extended and amended and with certain additional modifications and exceptions, to suspend permanent price support authorities, and for other purposes.
1. Temporary extension of agricultural programs (a) Extension Except as otherwise provided in this section and notwithstanding any other provision of law, the authorities provided by each provision of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1651) and each amendment made by that Act (and for mandatory programs at such funding levels), as in effect on September 30, 2013, pursuant to the extension and amendments made by section 701 of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ; 7 U.S.C. 8701 note), shall continue, and the Secretary of Agriculture shall carry out the authorities, until January 31, 2014, except as provided in subsection (b)(1) of such section 701. (b) Suspension of permanent price support authorities The provisions of law specified in subsections (a) through (c) of section 1602 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8782 ) shall be suspended until January 31, 2014. (c) Supplemental agricultural disaster assistance Section 531 of the Federal Crop Insurance Act ( 7 U.S.C. 1531 ), as amended by section 702 of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ), relating to the provision of supplemental agricultural disaster assistance, shall apply through January 31, 2014. (d) Exceptions (1) Nutrition Subsection (a) does not apply with respect to mandatory funding provided by the program authorized by the provision of law amended by subsection (d)(2) of section 701 of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ; 7 U.S.C. 8701 note). (2) Conservation Subsection (a) does not apply with respect to the programs specified in paragraphs (3)(B), (4), (6), and (7) of section 1241(a) of the Food Security Act of 1985 ( 16 U.S.C. 3841(a) ), relating to the conservation stewardship program, farmland protection program, environmental quality incentives program, and wildlife habitat incentives program, for which program authority was extended through fiscal year 2014 by section 716 of Public Law 112–55 (125 Stat. 582). (3) Trade Subsection (a) does not apply with respect to the following provisions of law: (A) Section 3206 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 1726c ) relating to the use of Commodity Credit Corporation funds to support local and regional food aid procurement projects. (B) Section 3107(l)(1) of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 1736o–1(l)(1) ) relating to the use of Commodity Credit Corporation funds to carry out the McGovern-Dole International Food for Education and Child Nutrition Program. (4) Survey of foods purchased by school food authorities Subsection (a) does not apply with respect to section 4307 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1893) relating to the use of Commodity Credit Corporation funds for a survey and report regarding foods purchased by school food authorities. (5) Rural development Subsection (a) does not apply with respect to the following provisions of law: (A) Section 379E(d)(1) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008s(d)(1) ), relating to funding of the rural microentrepreneur assistance program. (B) Section 6029 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1955) relating to funding of pending rural development loan and grant applications. (C) Section 231(b)(7)(A) of the Agricultural Risk Protection Act of 2000 ( 7 U.S.C. 1632a(b)(7)(A) ), relating to funding of value-added agricultural market development program grants. (D) Section 375(e)(6)(B) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 2008j(e)(6)(B) ) relating to the use of Commodity Credit Corporation funds for the National Sheep Industry Improvement Center. (6) Market Loss Assistance for Asparagus Producers Subsection (a) does not apply with respect to section 10404(d) of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2112). (7) Supplemental agricultural disaster assistance Subsection (a) does not apply with respect to section 531 of the Federal Crop Insurance Act ( 7 U.S.C. 1531 ) and title IX of the Trade Act of 1974 ( 19 U.S.C. 2497 et seq. ) relating to the provision of supplemental agricultural disaster assistance. (8) Pigford claims Subsection (a) does not apply with respect to section 14012 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2209) relating to determination on the merits of Pigford claims. (9) Heartland, habitat, harvest, and horticulture act of 2008 Subsection (a) does not apply with respect to title XV of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 2246), and amendments made by that title, relating to the provision of supplemental agricultural disaster assistance under title IX of the Trade Act of 1974 ( 19 U.S.C. 2497 et seq. ), certain revenue and tax provisions, and certain trade benefits and other matters. (e) Effective Date This section takes effect as of September 30, 2013.
Passed the House of Representatives December 12, 2013. Karen L. Haas, Clerk. | https://www.govinfo.gov/content/pkg/BILLS-113hr3695eh/xml/BILLS-113hr3695eh.xml |
113-hr-3696 | I 113th CONGRESS 1st Session H. R. 3696 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. McCaul (for himself, Mr. Meehan , Mr. Thompson of Mississippi , and Ms. Clarke ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on Science, Space, and Technology and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Homeland Security Act of 2002 to make certain improvements regarding cybersecurity and critical infrastructure protection, and for other purposes.
1. Short title This Act may be cited as the National Cybersecurity and Critical Infrastructure Protection 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—Securing the Nation Against Cyber Attack Sec. 101. Homeland Security Act of 2002 definitions. Sec. 102. Enhancement of cybersecurity. Sec. 103. Protection of critical infrastructure and information sharing. Sec. 104. National Cybersecurity and Communications Integration Center. Sec. 105. Cyber incident response and technical assistance. Sec. 106. Assessment of cybersecurity workforce. Sec. 107. Personnel authorities. Sec. 108. Streamlining of Department cybersecurity organization. Title II—Public-Private Collaboration on Cybersecurity Sec. 201. Public-private collaboration on cybersecurity. Sec. 202. SAFETY Act and qualifying cyber incidents. Sec. 203. Prohibition on new regulatory authority. Sec. 204. Prohibition on additional authorization of appropriations. I Securing the Nation Against Cyber Attack 101. Homeland Security Act of 2002 definitions Section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ) is amended by adding at the end the following new paragraphs: (19) The term critical infrastructure has the meaning given that term in section 1016(e) of the USA Patriot Act ( 42 U.S.C. 5195c(e) ). (20) The term critical infrastructure owner means a person that owns critical infrastructure. (21) The term critical infrastructure operator means a critical infrastructure owner or other person that manages, runs, or operates, in whole or in part, the day-to-day operations of critical infrastructure. (22) The term cyber incident means an incident resulting in, or an attempt to cause an incident that, if successful, would— (A) jeopardize or imminently jeopardize, without lawful authority, the security, integrity, confidentiality, or availability of an information system or network of information systems or any information stored on, processed on, or transiting such a system; (B) constitute a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies related to an information system or network of information systems, or an act of terrorism against an information system or network of information systems; or (C) result in the denial of access to or degradation, disruption, or destruction of an information system or network of information systems, or the defeat of an operations control or technical control essential to the security or operation of an information system or network of information systems. (23) The term cybersecurity provider means a non-Federal entity that provides goods or services intended to be used for cybersecurity purposes. (24) The term cybersecurity purpose means the purpose of ensuring the security, integrity, confidentiality, or availability of, or safeguarding, an information system or network of information systems, including protecting an information system or network of information systems, or data residing on an information system or network of information systems, including protection of an information system or network of information systems, from— (A) a vulnerability of an information system or network of information systems; (B) a threat to the security, integrity, confidentiality, or availability of an information system or network of information systems, or any information stored on, processed on, or transiting such a system or network; (C) efforts to deny access to or degrade, disrupt, or destroy an information system or network of information systems; or (D) efforts to gain unauthorized access to an information system or network of information systems, including to gain such unauthorized access for the purpose of exfiltrating information stored on, processed on, or transiting such a system or network. (25) The term cybersecurity system means a system designed or employed to ensure the security, integrity, confidentiality, or availability of, or safeguard, an information system or network of information systems, including protecting such a system or network from— (A) a vulnerability of an information system or network of information systems; (B) a threat to the security, integrity, confidentiality, or availability of an information system or network of information systems or any information stored on, processed on, or transiting such a system or network; (C) efforts to deny access to or degrade, disrupt, or destroy an information system or network of information systems of a private entity; or (D) efforts to gain unauthorized access to an information system or network of information systems, including to gain such unauthorized access for the purpose of exfiltrating information stored on, processed on, or transiting such a system or network. (26) The term cyber threat means any action that may result in unauthorized access to, exfiltration of, manipulation of, harm of, or impairment to the security, integrity, confidentiality, or availability of an information system or network of information systems, or information that is stored on, processed by, or transiting an information system or network of information systems. (27) The term cyber threat information means information directly pertaining to— (A) a vulnerability of an information system or network of information systems of a government or private entity; (B) a threat to the security, integrity, confidentiality, or availability of an information system or network of information systems of a government or private entity or any information stored on, processed on, or transiting such a system or network; (C) efforts to deny access to or degrade, disrupt, or destroy an information system or network of information systems of a government or private entity; (D) efforts to gain unauthorized access to an information system or network of information systems of a government or private entity, including to gain such unauthorized access for the purpose of exfiltrating information stored on, processed on, or transiting such a system or network; or (E) an act of terrorism against an information system or network of information systems. (28) The term Federal civilian information systems — (A) means information, information systems, and networks of information systems that are owned, operated, controlled, or licensed for use by, or on behalf of, any Federal agency, including information systems or networks of information systems used or operated by another entity on behalf of a Federal agency; but (B) does not include— (i) a national security system; or (ii) information, information systems, and networks of information systems that are owned, operated, controlled, or licensed solely for use by, or on behalf of, the Department of Defense, a military department, or an element of the intelligence community. (29) The term information security means the protection of information, information systems, and networks of information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide— (A) integrity, including guarding against improper information modification or destruction, including ensuring nonrepudiation and authenticity; (B) confidentiality, including preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; and (C) availability, including ensuring timely and reliable access to and use of information. (30) The term information system means the underlying framework and functions used to process, transmit, receive, or store information electronically, including programmable electronic devices, communications networks, and industrial or supervisory control systems and any associated hardware, software, or data. (31) The term private entity means any individual or any private or publically-traded company, public or private utility, organization, or corporation, including an officer, employee, or agent thereof. (32) The term protected private entity means an entity, other than an individual, that enters into a contract with a cybersecurity provider for goods and services to be used for cybersecurity purposes. (33) The term shared situational awareness means an environment in which cyber threat information is shared in real time between all designated Federal cyber operations centers to provide actionable information about all known cyber threats. . 102. Enhancement of cybersecurity (a) In general Subtitle C of title II of the Homeland Security Act of 2002 is amended by adding at the end the following new section: 226. Enhancement of cybersecurity The Secretary, in collaboration with the heads of other appropriate Federal Government entities, shall conduct activities for cybersecurity purposes, including the provision of shared situational awareness to each other to enable real-time, integrated, and operational actions to protect from, prevent, mitigate, respond to, and recover from cyber incidents. . (b) Clerical amendments (1) Subtitle heading The heading for subtitle C of title II of such Act is amended to read as follows: C Cybersecurity and Information Sharing . (2) Table of contents The table of contents in section 1(b) of such Act is amended— (A) by adding after the item relating to section 225 the following new item: Sec. 226. Enhancement of cybersecurity. ; and (B) by striking the item relating to subtitle C of title II and inserting the following new item: Subtitle C—Cybersecurity and Information Sharing . 103. Protection of critical infrastructure and information sharing (a) In general Subtitle C of title II of the Homeland Security Act of 2002, as amended by section 102, is further amended by adding at the end the following new section: 227. Protection of critical infrastructure and information sharing (a) Protection of critical infrastructure (1) In general The Secretary shall coordinate, on an ongoing basis, with Federal, State, and local governments, critical infrastructure owners, critical infrastructure operators, and other cross sector coordinating entities to— (A) facilitate a national effort to strengthen and maintain secure, functioning, and resilient critical infrastructure from cyber threats; (B) ensure that Department policies and procedures enable critical infrastructure owners and critical infrastructure operators to receive real-time, actionable, and relevant cyber threat information; (C) seek industry sector-specific expertise to— (i) assist in the development of voluntary security and resiliency strategies; and (ii) ensure that the allocation of Federal resources are cost effective and reduce any burden on critical infrastructure owners and critical infrastructure operators; (D) upon request, facilitate and assist risk management efforts of entities to reduce vulnerabilities, identify and disrupt threats, and minimize consequences to their critical infrastructure; (E) upon request, provide education and assistance to critical infrastructure owners and critical infrastructure operators on how they may use protective measures and countermeasures to strengthen the security and resilience of the Nation’s critical infrastructure; and (F) coordinate a research and development strategy to facilitate and promote advancements and innovation in cybersecurity technologies to protect critical infrastructure. (2) Additional responsibilities The Secretary shall— (A) manage Federal efforts to secure, protect, and ensure the resiliency of Federal civilian information systems, and, upon request, support critical infrastructure owners’ and critical infrastructure operators’ efforts to secure, protect, and ensure the resiliency of critical infrastructure from cyber threats; (B) direct an entity within the Department to serve as a Federal civilian entity by and among Federal, State, and local governments, private entities, and critical infrastructure sectors to provide multi-directional sharing of real-time, actionable, and relevant cyber threat information; (C) promote a national awareness effort to educate the general public on the importance of securing information systems; (D) upon request, facilitate expeditious cyber incident response and recovery assistance, and provide analysis and warnings related to threats to and vulnerabilities of critical information systems, crisis and consequence management support, and other remote or on-site technical assistance with the heads of other appropriate Federal agencies to Federal, State, and local government entities and private entities for cyber incidents affecting critical infrastructure; and (E) engage with international partners to strengthen the security and resilience of domestic critical infrastructure and critical infrastructure located outside of the United States upon which the United States depends. (3) Rule of construction Nothing in this section may be construed to require any private entity to request assistance from the Secretary, or require any private entity requesting such assistance to implement any measure or recommendation suggested by the Secretary. (b) Critical infrastructure sectors The Secretary, in collaboration with the heads of other appropriate Federal agencies, shall designate critical infrastructure sectors (that may include subdivisions of sectors within a sector as the Secretary may determine appropriate). The critical infrastructure sectors designated under this subsection may include the following: (1) Chemical. (2) Commercial facilities. (3) Communications. (4) Critical manufacturing. (5) Dams. (6) Defense Industrial Base. (7) Emergency services. (8) Energy. (9) Financial services. (10) Food and agriculture. (11) Government facilities. (12) Healthcare and public health. (13) Information technology. (14) Nuclear reactors, materials, and waste. (15) Transportation systems. (16) Water and wastewater systems. (17) Such other sectors as the Secretary determines appropriate. (c) Sector specific agencies The Secretary, in collaboration with the relevant critical infrastructure sector and the heads of other appropriate Federal agencies, shall recognize the Federal agency designated as of November 1, 2013, as the Sector Specific Agency for each critical infrastructure sector designated under subsection (b). If the designated Sector Specific Agency for a particular critical infrastructure sector is the Department, for the purposes of this section, the Secretary shall carry out this section. The Secretary, in coordination with the heads of each such Sector Specific Agency shall— (1) support the security and resilience activities of the relevant critical infrastructure sector in accordance with this subtitle; and (2) provide institutional knowledge and specialized expertise to the relevant critical infrastructure sector. (d) Sector coordinating councils (1) Recognition The Secretary, in collaboration with each critical infrastructure sector and the relevant Sector Specific Agency, shall recognize the Sector Coordinating Council for each critical infrastructure sector designated under subsection (b) to coordinate with each such sector on security and resilience activities and emergency response and recovery efforts. (2) Membership (A) In general The Sector Coordinating Council for a critical infrastructure sector designated under subsection (b) shall— (i) be comprised exclusively of relevant critical infrastructure owners, critical infrastructure operators, private entities, and representative trade associations for the sector; (ii) reflect the unique composition of each sector; and (iii) include relevant small, medium, and large critical infrastructure owners, critical infrastructure operators, private entities, and representative trade associations for the sector. (B) Prohibition No government entity with regulating authority shall be a member of the Sector Coordinating Council. (3) Roles and responsibilities The Sector Coordinating Council for a critical infrastructure sector shall— (A) serve as a self-governing, self-organized primary policy, planning, and strategic communications entity for coordinating with the Department, the relevant Sector-Specific Agency designated under subsection (c), and the relevant Information Sharing and Analysis Centers under subsection (e) on security and resilience activities and emergency response and recovery efforts; (B) establish governance and operating procedures, and designate a chairperson for the sector to carry out the activities described in this subsection; (C) coordinate with the Department, the relevant Information Sharing and Analysis Centers under subsection (e), and other Sector Coordinating Councils to update, maintain, and exercise the National Cybersecurity Incident Response Plan in accordance with section 229(b); and (D) provide any recommendations to the Department on infrastructure protection technology gaps to help inform research and development efforts at the Department. (e) Sector information sharing and analysis centers (1) Recognition The Secretary, in collaboration with the relevant Sector Coordinating Council and the critical infrastructure sector represented by such Council, and in coordination with the relevant Sector Specific Agency, shall recognize at least one Information Sharing and Analysis Center for each critical infrastructure sector designated under subsection (b) for purposes of paragraph (3). No other Information Sharing and Analysis Organizations, including Information Sharing and Analysis Centers, may be precluded from having an information sharing relationship within the National Cybersecurity and Communications Integration Center established pursuant to section 228. Nothing in this subsection or any other provision of this subtitle may be construed to limit, restrict, or condition any private entity or activity utilized by, among, or between private entities. (2) Roles and responsibilities In addition to such other activities as may be authorized by law, at least one Information Sharing and Analysis Center for a critical infrastructure sector shall— (A) serve as an information sharing resource for such sector and promote ongoing multi-directional sharing of real-time, relevant, and actionable cyber threat information and analysis by and among such sector, the Department, the relevant Sector Specific Agency, and other critical infrastructure sector Information Sharing and Analysis Centers; (B) establish governance and operating procedures to carry out the activities conducted under this subsection; (C) serve as an emergency response and recovery operations coordination point for such sector, and upon request, facilitate cyber incident response capabilities in coordination with the Department, the relevant Sector Specific Agency and the relevant Sector Coordinating Council; (D) facilitate cross-sector coordination and sharing of cyber threat information to prevent related or consequential impacts to other critical infrastructure sectors; (E) coordinate with the Department, the relevant Sector Coordinating Council, the relevant Sector Specific Agency, and other critical infrastructure sector Information Sharing and Analysis Centers on the development, integration, and implementation of procedures to support technology neutral, real-time information sharing capabilities and mechanisms within the National Cybersecurity and Communications Integration Center established pursuant to section 228, including— (i) the establishment of a mechanism to voluntarily report identified vulnerabilities and opportunities for improvement; (ii) the establishment of metrics to assess the effectiveness and timeliness of the Department’s and Information Sharing and Analysis Centers’ information sharing capabilities; and (iii) the establishment of a mechanism for anonymous suggestions and comments; (F) implement an integration and analysis function to inform sector planning, risk mitigation, and operational activities regarding the protection of each critical infrastructure sector from cyber incidents; (G) combine consequence, vulnerability, and threat information to share actionable assessments of critical infrastructure sector risks from cyber incidents; (H) coordinate with the Department, the relevant Sector Specific Agency, and the relevant Sector Coordinating Council to update, maintain, and exercise the National Cybersecurity Incident Response Plan in accordance with section 229(b); and (I) safeguard cyber threat information from unauthorized disclosure. (3) Funding Of the amounts authorized to be appropriated for each of fiscal years 2014, 2015, and 2016 for the Cybersecurity and Communications Office of the Department, the Secretary is authorized to use not less than $25,000,000 for any such year for operations support at the National Cybersecurity and Communications Integration Center established under section 228(a) of all recognized Information Sharing and Analysis Centers under paragraph (1) of this subsection. (f) Clearances The Secretary shall expedite the processing of security clearances under Executive Order 13549 or successor orders to appropriate members of the Sector Coordinating Councils and the critical infrastructure sector Information Sharing and Analysis Centers. (g) Public-Private collaboration The Secretary, in collaboration with the critical infrastructure sectors designated under subsection (b), such sectors’ Sector Specific Agencies recognized under subsection (c), and the Sector Coordinating Councils recognized under subsection (d), shall— (1) conduct an analysis and review of the existing public-private partnership model and evaluate how the model between the Department and critical infrastructure owners and critical infrastructure operators can be improved to ensure the Department, critical infrastructure owners, and critical infrastructure operators are equal partners and regularly collaborate on all programs and activities of the Department to protect critical infrastructure; (2) develop procedures to ensure continuous, collaborative, and effective interactions between the Department, critical infrastructure owners, and critical infrastructure operators; and (3) ensure critical infrastructure sectors have a reasonable period for review and comment of all jointly produced materials with the Department. (h) Protection of Federal civilian information systems (1) In general The Secretary shall administer the operational information security activities and functions to protect and ensure the resiliency of all Federal civilian information systems. (2) Roles and responsibilities The Secretary, in coordination with the heads of other Federal civilian agencies, shall— (A) develop, issue, and oversee the implementation and compliance of all operational information security policies and procedures to protect and ensure the resiliency of Federal civilian information systems; (B) administer Federal Government-wide efforts to develop and provide adequate, risk-based, cost-effective, and technology neutral information security capabilities; (C) establish and sustain continuous diagnostics systems for Federal civilian information systems to aggregate data and identify and prioritize the mitigation of cyber vulnerabilities in such systems for cybersecurity purposes; (D) develop, acquire, and operate an integrated and consolidated system of intrusion detection, analytics, intrusion prevention, and other information sharing and protective capabilities to defend Federal civilian information systems from cyber threats; (E) develop and conduct targeted risk assessments and operational evaluations of Federal civilian information systems, in consultation with government and private entities that own and operate such information systems, including threat, vulnerability, and impact assessments and penetration testing; (F) develop and provide technical assistance and cyber incident response capabilities to secure and ensure the resilience of Federal civilian information systems; (G) review annually the operational information security activities and functions of each of the Federal civilian agencies; (H) develop minimum technology neutral operational requirements for network and security operations centers to facilitate the protection of all Federal civilian information systems; (I) develop reporting requirements, consistent with relevant law, to ensure the National Cybersecurity and Communications Integration Center established pursuant to section 228 receives all actionable cyber threat information identified on Federal civilian information systems; (J) develop technology neutral performance requirements and metrics for the security of Federal civilian information systems; (K) implement training requirements that include industry recognized certifications to ensure that Federal civilian agencies are able to fully and timely comply with policies and procedures issued by the Secretary under this subsection; and (L) develop training requirements regarding privacy, civil rights, civil liberties, and information oversight for information security employees who operate Federal civilian information systems. (3) Use of certain communications (A) In general The Secretary may enter into contracts or other agreements, or otherwise request and obtain, in accordance with applicable law, the assistance of private entities that provide electronic communication services, remote computing services, or cybersecurity services to acquire, intercept, retain, use, and disclose communications and other system traffic, deploy countermeasures, or otherwise operate protective capabilities in accordance with subparagraphs (C), (D), (E), and (F) of paragraph (2). No cause of action shall exist against private entities for assistance provided to the Secretary in accordance with this subsection. (B) Rule of construction Nothing in subparagraph (A) may be construed to— (i) require or compel any private entity to enter in a contract or agreement described in such subparagraph; or (ii) authorize the Secretary to take any action with respect to any communications or system traffic transiting or residing on any information system or network of information systems other than a Federal civilian information system. (i) Rule of construction No provision of this title may be construed as modifying, limiting, or otherwise affecting the authority of any other Federal agency under any other provision of law. . (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following new item: Sec. 227. Protection of critical infrastructure and information sharing. . 104. National Cybersecurity and Communications Integration Center (a) In general Subtitle C of title II of the Homeland Security Act of 2002, as amended by sections 102 and 103, is further amended by adding at the end the following new section: 228. National Cybersecurity and Communications Integration Center (a) Establishment There is established in the Department the National Cybersecurity and Communications Integration Center (referred to in this section as the Center ), which shall be a Federal civilian information sharing interface that provides shared situational awareness to enable real-time, integrated, and operational actions across the Federal Government, and share cyber threat information by and among Federal, State, and local government entities, Information Sharing and Analysis Centers, private entities, and critical infrastructure owners and critical infrastructure operators that have an information sharing relationship with the Center. (b) Composition The Center shall include each of the following entities: (1) At least one Information Sharing and Analysis Center established under section 227(e) for each critical infrastructure sector. (2) The Multi-State Information Sharing and Analysis Center to collaborate with State and local governments. (3) The United States Computer Emergency Readiness Team to coordinate cyber threat information sharing, proactively manage cyber risks to the United States, collaboratively respond to cyber incidents, provide technical assistance to information system owners and operators, and disseminate timely notifications regarding current and potential cyber threats and vulnerabilities. (4) The Industrial Control System Cyber Emergency Response Team to coordinate with industrial control systems owners and operators and share industrial control systems-related security incidents and mitigation measures. (5) The National Coordinating Center for Telecommunications to coordinate the protection, response, and recovery of national security emergency communications. (6) Such other Federal, State, and local government entities, private entities, organizations, or individuals as the Secretary may consider appropriate that agree to be included. (c) Cyber incident In the event of a cyber incident, the Secretary may grant the entities referred to in subsection (a) immediate temporary access to the Center as a situation may warrant. (d) Roles and responsibilities The Center shall— (1) promote ongoing multi-directional sharing by and among the entities referred to in subsection (a) of timely and actionable cyber threat information and analysis on a real-time basis that includes emerging trends, evolving threats, incident reports, intelligence information, risk assessments, and best practices; (2) coordinate with other Federal agencies to streamline and reduce redundant reporting of cyber threat information; (3) provide, upon request, timely technical assistance and crisis management support to Federal, State, and local government entities and private entities that own or operate information systems or networks of information systems to protect from, prevent, mitigate, respond to, and recover from cyber incidents; (4) facilitate cross-sector coordination and sharing of cyber threat information to prevent related or consequential impacts to other critical infrastructure sectors; (5) collaborate with the Sector Coordinating Councils, Information Sharing and Analysis Centers, Sector Specific Agencies, and the relevant critical infrastructure sectors on the development and implementation of procedures to support technology neutral real-time information sharing capabilities and mechanisms; (6) collaborate with the Sector Coordinating Councils, Information Sharing and Analysis Centers, Sector Specific Agencies, and the relevant critical infrastructure sectors to identify requirements for data and information formats and accessibility, system interoperability, and redundant systems and alternative capabilities in the event of a disruption in the primary information sharing capabilities and mechanisms at the Center; (7) within the scope of relevant treaties, cooperate with international partners to share information and respond to cyber incidents; (8) safeguard sensitive cyber threat information from unauthorized disclosure; (9) require other Federal civilian agencies to— (A) send reports and information to the Center about cyber incidents, threats, and vulnerabilities affecting Federal civilian information systems and critical infrastructure systems and, in the event a private vendor product or service of such an agency is so implicated, the Center shall first notify such private vendor of the vulnerability before further disclosing such information; (B) provide to the Center cyber incident detection, analysis, mitigation, and response information; and (C) immediately send and disclose to the Center cyber threat information received by such agencies; and (10) perform such other duties as the Secretary may require to facilitate a national effort to strengthen and maintain secure, functioning, and resilient critical infrastructure from cyber threats. (e) Integration and analysis The Center shall maintain an integration and analysis function, which shall — (1) integrate and analyze all cyber threat information received from other Federal agencies, State and local governments, Information Sharing and Analysis Centers, private entities, critical infrastructure owners, and critical infrastructure operators, and share relevant information in near real-time; (2) on an ongoing basis, assess and evaluate consequence, vulnerability, and threat information to share with the entities referred to in subsection (a) actionable assessments of critical infrastructure sector risks from cyber incidents and to assist critical infrastructure owners and critical infrastructure operators by making recommendations to facilitate continuous improvements to the security and resiliency of the critical infrastructure of the United States; (3) facilitate cross-sector integration, identification, and analysis of key interdependencies to prevent related or consequential impacts to other critical infrastructure sectors; and (4) collaborate with the Information Sharing and Analysis Centers to tailor the analysis of information to the specific characteristics and risk to a relevant critical infrastructure sector. (f) Report of cyber attacks against Federal Government networks The Secretary shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Comptroller General of the United States an annual report that summarizes major cyber incidents involving Federal civilian agency information systems and provides aggregate statistics on the number of breaches, the volume of data exfiltrated, the consequential impact, and the estimated cost of remedying such breaches. (g) Report on the operations of the Center The Secretary, in consultation with the Sector Coordinating Councils and appropriate Federal Government entities, shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Comptroller General of the United States an annual report on— (1) the capability and capacity of the Center to carry out its cybersecurity mission in accordance with this section, and sections 226, 227, 229, 230, 230A, and 230B; (2) the extent to which the Department is engaged in information sharing with each critical infrastructure sector designated under section 227(b), including— (A) the extent to which each such sector has representatives at the Center; and (B) the extent to which critical infrastructure owners and critical infrastructure operators of each critical infrastructure sector participate in information sharing at the Center; (3) the volume and range of activities with respect to which the Secretary collaborated with the Sector Coordinating Councils and the Sector-Specific Agencies to promote greater engagement with the Center; and (4) the volume and range of voluntary technical assistance sought and provided by the Department to each critical infrastructure owner and critical infrastructure operator. . (b) Clerical amendment The table of contents in section 1(b) of such Act, as amended by section 103, is further amended by adding at the end the following new item: 228. National Cybersecurity and Communications Integration Center. . (c) GAO report Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the effectiveness of the National Cybersecurity and Communications Integration Center established under section 228 of the Homeland Security Act of 2002, as added by subsection (a) of this section, in carrying out its cybersecurity mission in accordance with this Act and such section 228 and sections 226, 227, 229, 230, 230A, and 230B of the Homeland Security Act of 2002, as added by this Act. 105. Cyber incident response and technical assistance (a) In general Subtitle C of title II of the Homeland Security Act of 2002, as amended by sections 102, 103, and 104, is further amended by adding at the end the following new section: 229. Cyber incident response and technical assistance (a) In general The Secretary shall establish Cyber Incident Response Teams to— (1) upon request, provide timely technical assistance and crisis management support to Federal, State, and local government entities, private entities, and critical infrastructure owners and critical infrastructure operators involving cyber incidents affecting critical infrastructure; and (2) upon request, provide actionable recommendations on security and resilience measures and countermeasures to Federal, State, and local government entities, private entities, and critical infrastructure owners and critical infrastructure operators prior to, during, and after cyber incidents. (b) Coordination In carrying out subsection (a), the Secretary shall coordinate with the relevant Sector Specific Agencies, if applicable. (c) Cyber incident response plan The Secretary, in coordination with the Sector Coordinating Councils, Information Sharing and Analysis Centers, and Federal, State, and local governments, shall develop, regularly update, maintain, and exercise a National Cybersecurity Incident Response Plan which shall— (1) include effective emergency response plans associated with cyber threats to critical infrastructure, information systems, or networks of information systems; and (2) ensure that such National Cybersecurity Incident Response Plan can adapt to and reflect a changing cyber threat environment, and incorporate best practices and lessons learned from regular exercises, training, and after-action reports. . (b) Clerical amendment The table of contents in section 1(b) of such Act, as amended by sections 103 and 104, is further amended by adding at the end the following new item: 229. Cyber incident response and technical assistance. . 106. Assessment of cybersecurity workforce (a) In general Subtitle C of title II of the Homeland Security Act of 2002, as amended by sections 101, 103, 104, and 105, is further amended by adding at the end the following new section: 230. Assessment of cybersecurity workforce (a) Assessment The Secretary, in consultation with relevant private entities, shall regularly assess the readiness and capacity of the workforce of the Department to meet the needs of the cybersecurity mission of the Department. (b) Strategy required Not later than 180 days after the date of the enactment of this section, the Secretary shall develop, maintain, and, as necessary, update, a comprehensive workforce strategy designed to enhance the readiness, capacity, training, recruitment, and retention of the cybersecurity personnel of the Department. Such strategy shall include a five-year plan on recruitment of personnel for the workforce of the Department, and ten-year projections of the workforce needs of the Department. The Secretary shall submit such strategy to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. . (b) Clerical amendment The table of contents in section 1(b) of such Act, as amended by sections 103, 104, and 105, is further amended by adding at the end the following new item: 230. Assessment of cybersecurity workforce. . 107. Personnel authorities (a) In general Subtitle C of title II of the Homeland Security Act of 2002, as amended by sections 101, 102, 103, 104, 105, and 106, is further amended by adding at the end the following new section: 230A. Personnel authorities (a) In general (1) Personnel authorities The Secretary may exercise with respect to qualified employees of the Department the same authority that the Secretary of Defense has with respect to civilian intelligence personnel and the scholarship program under sections 1601, 1602, 1603, and 2200a of title 10, United States Code, to establish as positions in the excepted service, appoint individuals to such positions, fix pay, and pay a retention bonus to any employee appointed under this section if the Secretary determines that such is needed to retain essential personnel. Before announcing the payment of a bonus under this paragraph, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a written explanation of such determination. Such authority shall be exercised— (A) to the same extent and subject to the same conditions and limitations that the Secretary of Defense may exercise such authority with respect to civilian intelligence personnel of the Department of Defense; and (B) in a manner consistent with the merit system principles set forth in section 2301 of title 5, United States Code. (2) Civil service protections Sections 1221 and 2302, and chapter 75 of title 5, United States Code, shall apply to the positions established pursuant to the authorities provided under paragraph (1). (3) Plan for execution of authorities Not later than 120 days after the date of the enactment of this section, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report that contains a plan for the use of the authorities provided under this subsection. (b) Annual report Not later than one year after the date of the enactment of this section and annually thereafter for four years, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a detailed report (including appropriate metrics on actions occurring during the reporting period) that discusses the processes used by the Secretary in implementing this section and accepting applications, assessing candidates, ensuring adherence to veterans’ preference, and selecting applicants for vacancies to be filled by a qualified employee. (c) Definition of qualified employee In this section, the term qualified employee means an employee who performs functions relating to the security of Federal civilian information systems, critical infrastructure information systems, or networks of either of such systems. . (b) Clerical amendment The table of contents in section 1(b) of such Act, as amended by sections 103, 104, 105, and 106, is further amended by adding at the end the following new item: 230A. Personnel authorities. . 108. Streamlining of Department cybersecurity organization (a) Cybersecurity and infrastructure protection directorate The National Protection and Programs Directorate of the Department of Homeland Security shall, after the date of the enactment of this Act, be known and designated as the Cybersecurity and Infrastructure Protection Directorate . Any reference to the National Protection and Programs Directorate of the Department in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Cybersecurity and Infrastructure Protection Directorate of the Department. (b) Senior leadership of the Cybersecurity and Infrastructure Protection Directorate (1) In general Subsection (a) of section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 ) is amended by adding at the end the following new subparagraphs: (K) Under Secretary for Cybersecurity and Infrastructure Protection. (L) Deputy Under Secretary for Cybersecurity. (M) Deputy Under Secretary for Infrastructure Protection. . (2) Continuation in office The individuals who hold the positions referred to in subparagraphs (K), (L), and (M) of subsection (a) of section 103 of the Homeland Security Act of 2002 (as added by paragraph (1) of this subsection) as of the date of the enactment of this Act may continue to hold such positions. (c) Report on improving the capability and effectiveness of the Cybersecurity and Communications Office To improve the operational capability and effectiveness in carrying out the cybersecurity mission of the Department of Homeland Security, the Secretary of Homeland Security shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on— (1) the feasibility of making the Cybersecurity and Communications Office of the Department an operational component of the Department; (2) recommendations for restructuring the SAFETY Act Office within the Department to elevate the profile and mission of the Office, including the feasibility of utilizing third-party registrars for improving the throughput and effectiveness of the certification process. (d) Report on cybersecurity acquisition capabilities The Secretary of Homeland Security shall assess the effectiveness of the Department of Homeland Security’s acquisition processes and the use of existing authorities for acquiring cybersecurity technologies to ensure that such processes and authorities are capable of meeting the needs and demands of the Department’s cybersecurity mission. Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the effectiveness of the Department’s acquisition processes for cybersecurity technologies. II Public-Private Collaboration on Cybersecurity 201. Public-private collaboration on cybersecurity (a) In general Subtitle C of title II of the Homeland Security Act of 2002, as amended by sections 102, 103, 104, 105, 106, and 107, is further amended by adding at the end the following new section: 230B. Public-private collaboration on cybersecurity (a) National Institute of Standards and Technology The Director of the National Institute of Standards and Technology, in collaboration with the Secretary, shall, on an ongoing basis, facilitate and support the development of a voluntary, industry-led set of standards, guidelines, best practices, methodologies, procedures, and processes to reduce cyber risks to critical infrastructure. The Director, in collaboration with the Secretary— (1) shall— (A) coordinate closely and continuously with relevant private entities, critical infrastructure owners and critical infrastructure operators, Sector Coordinating Councils, Information Sharing and Analysis Centers, and other relevant industry organizations, and incorporate industry expertise to the fullest extent possible; (B) consult with the Sector Specific Agencies, Federal, State and local governments, the governments of other countries, and international organizations; (C) utilize a prioritized, flexible, repeatable, performance-based, and cost-effective approach, including information security measures and controls, that may be voluntarily adopted by critical infrastructure owners and critical infrastructure operators to help them identify, assess, and manage cyber risks; (D) include methodologies to— (i) identify and mitigate impacts of the cybersecurity measures or controls on business confidentiality; and (ii) protect individual privacy and civil liberties; (E) incorporate voluntary consensus standards and industry best practices, and align with voluntary international standards to the fullest extent possible; (F) prevent duplication of existing regulatory processes and prevent conflict with or superseding of existing regulatory requirements and processes; and (G) include such other similar and consistent elements as determined necessary; and (2) shall not prescribe or otherwise require— (A) the use of specific solutions; (B) the use of specific information technology products or services; or (C) that information technology products or services be designed, developed, or manufactured in a particular manner. (b) Meetings The Secretary shall meet with the Sector Coordinating Council for each critical infrastructure sector designated under section 227(b) on a biannual basis to discuss the cybersecurity threat to critical infrastructure, voluntary activities to address cybersecurity, and ideas to improve the public-private partnership to enhance cybersecurity, in which the Secretary shall— (1) provide each Sector Coordinating Council an assessment of the cybersecurity threat to each critical infrastructure sector designated under section 227(b), including information relating to— (A) any actual or assessed cyber threat, including a consideration of adversary capability and intent, preparedness, target attractiveness, and deterrence capabilities; (B) the extent and likelihood of death, injury, or serious adverse effects to human health and safety caused by an act of terrorism or other disruption, destruction, or unauthorized use of critical infrastructure; (C) the threat to national security caused by an act of terrorism or other disruption, destruction, or unauthorized use of critical infrastructure; and (D) the harm to the economy that would result from an act of terrorism or other disruption, destruction, or unauthorized use of critical infrastructure; and (2) provide recommendations, which may be voluntarily adopted, on ways to improve cybersecurity of critical infrastructure. (c) Report (1) In general Starting 30 days after the end of the fiscal year in which the National Cybersecurity and Critical Infrastructure Protection Act of 2013 is enacted and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the state of cybersecurity for each critical infrastructure sector designated under section 227(b) based on discussions between the Department and the Sector Coordinating Council in accordance with subsection (b) of this section. The Secretary shall maintain a public copy of each report, and each report may include a non-public annex for proprietary or business-sensitive information. Each report shall include, at a minimum information relating to— (A) the risk to each critical infrastructure sector, including known cyber threats, vulnerabilities, and potential consequences; (B) the extent and nature of any cybersecurity incidents during the previous year, including the extent to which cyber incidents jeopardized or imminently jeopardized information systems; (C) the current status of the voluntary, industry-led set of standards, guidelines, best practices, methodologies, procedures, and processes to reduce cyber risks within each critical infrastructure sector; and (D) the volume and range of voluntary technical assistance sought and provided by the Department to each critical infrastructure sector. (2) Sector Coordinating Council response Before making public and submitting each report required under paragraph (1), the Secretary shall provide a draft of each report to the Sector Coordinating Council for the critical infrastructure sector covered by each such report. The Sector Coordinating Council at issue may provide to the Secretary a written response to such report within 45 days of receiving the draft. If such Sector Coordinating Council provides a written response, the Secretary shall include such written response in the final version of each report required under paragraph (1). (d) Limitation Information shared with or provided to the Director of the National Institute of Standards and Technology or the Secretary for the purpose of the activities under subsections (a) and (b) shall not be used by any Federal, State, or local government department or agency to regulate the activity of any private entity. . (b) Clerical amendment The table of contents in section 1(b) of such Act, as amended by sections 102, 103, 104, 105, 106, and 107 is further amended by adding at the end the following new item: Sec. 230B. Public-private collaboration on cybersecurity. . 202. SAFETY Act and qualifying cyber incidents (a) In general The Support Anti-Terrorism By Fostering Effective Technologies Act of 2002 ( 6 U.S.C. 441 et seq. ) is amended— (1) in section 862(b) ( 6 U.S.C. 441(b) )— (A) in the heading, by striking Designation of Qualified Anti-Terrorism Technologies and inserting Designation of Anti-Terrorism and Cybersecurity Technologies ; (B) in the matter preceding paragraph (1), by inserting and cybersecurity after anti-terrorism ; (C) in paragraphs (3), (4), and (5), by inserting or cybersecurity after anti-terrorism each place it appears; and (D) in paragraph (7)— (i) by inserting or cybersecurity technology after Anti-terrorism technology ; and (ii) by inserting or qualifying cyber incidents after acts of terrorism ; (2) in section 863 ( 6 U.S.C. 442 )— (A) by inserting or cybersecurity after anti-terrorism each place it appears; (B) by inserting or qualifying cyber incident after act of terrorism each place it appears; and (C) by inserting or qualifying cyber incidents after acts of terrorism each place it appears; (3) in section 864 ( 6 U.S.C. 443 )— (A) by inserting or cybersecurity after anti-terrorism each place it appears; and (B) by inserting or qualifying cyber incident after act of terrorism each place it appears; and (4) in section 865 ( 6 U.S.C. 444 )— (A) in paragraph (1)— (i) in the heading, by inserting or cybersecurity after anti-terrorism ; (ii) by inserting or cybersecurity after anti-terrorism ; and (iii) by inserting or qualifying cyber incident after acts of terrorism ; and (B) by adding at the end the following new paragraph: (7) Qualifying cyber incident (A) In general The term qualifying cyber incident means any act that the Secretary determines meets the requirements under subparagraph (B), as such requirements are further defined and specified by the Secretary. (B) Requirements A qualifying cyber incident meets the requirements of this subparagraph if the incident— (i) is unlawful or otherwise exceeds authorized access authority; (ii) disrupts or imminently jeopardizes the integrity, operation, confidentiality, or availability of programmable electronic devices, communication networks, including hardware, software and data that are essential to their reliable operation, electronic storage devices, or any other information system, or the information that system controls, processes, stores, or transmits; (iii) gains access to an information system or a network of information systems resulting in— (I) misappropriation or theft of data, assets, information, or intellectual property; (II) corruption of data, assets, information, or intellectual property; (III) operational disruption; or (IV) an adverse effect on such system or network, or the data, assets, information, or intellectual property contained therein; and (iv) causes harm inside or outside the United States that results in material levels of damage, disruption, or casualties severely affecting the United States population, infrastructure, economy, national morale, or Federal, State, local, or tribal government functions. . (b) Funding Of the amounts authorized to be appropriated for each of fiscal years 2014, 2015, and 2016 for the Science and Technology Directorate of the Department of Homeland Security, the Secretary of Homeland Security is authorized to use not less than $20,000,000 for any such year for the Department’s SAFETY Act Office. 203. Prohibition on new regulatory authority This Act and the amendments made by this Act do not— (1) create or authorize the issuance of any new regulations or additional Federal Government regulatory authority; or (2) permit regulatory actions that would duplicate, conflict with, or supercede existing regulatory requirements, mandatory standards, or related processes. 204. Prohibition on additional authorization of appropriations No additional funds are authorized to be appropriated to carry out this Act and the amendments made by this Act. This Act and such amendments shall be carried out using amounts otherwise available for such purposes. | https://www.govinfo.gov/content/pkg/BILLS-113hr3696ih/xml/BILLS-113hr3696ih.xml |
113-hr-3697 | I 113th CONGRESS 1st Session H. R. 3697 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Hinojosa introduced the following bill; which was referred to the Committee on Education and the Workforce , 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 increase access to adult education to provide for economic growth.
1. Short title; table of contents (a) Short title This Act may be cited as the Adult Education and Economic Growth Act . (b) Table of contents The table of contents for this Act is the following: Sec. 1. Short title; table of contents. TITLE I—Adult Education and Workforce Investment Systems Sec. 101. Definitions. Sec. 102. Purpose. Sec. 103. State workforce investment boards. Sec. 104. State plan. Sec. 105. Local workforce investment boards. Sec. 106. Local plan. Sec. 107. Use of funds for youth activities. Sec. 108. Use of funds for employment and training activities. Sec. 109. Performance accountability system. Sec. 110. National programs. Sec. 111. Administration. Sec. 112. Transition provisions. Sec. 113. Table of contents. TITLE II—Adult education, literacy, and workplace skills Sec. 201. Purpose. Sec. 202. Definitions. Sec. 203. Authorization of appropriations. Sec. 204. Reservation of funds; grants to eligible agencies; allotments. Sec. 205. Performance accountability system. Sec. 206. State distribution of funds; matching requirement. Sec. 207. State leadership activities. Sec. 208. State plan. Sec. 209. Programs for corrections education and other institutionalized individuals. Sec. 210. Grants and contracts for eligible providers. Sec. 211. Local application. Sec. 212. Administrative provisions. Sec. 213. National Center For Adult Education, Literacy, and Workplace Skills. Sec. 214. National leadership activities. Sec. 215. Integrated English literacy and civics education programs. TITLE III—21st Century Technology and Skills for Adult Learners Sec. 301. Purposes. Sec. 302. Definitions. Sec. 303. Reservation of funds and allotments. Sec. 304. Grants to eligible agencies. Sec. 305. Subgrants and contracts to eligible providers. Sec. 306. National Adult Learning and Technology Clearinghouse. Sec. 307. Authorization of appropriations. TITLE IV—Research in adult education Sec. 401. Research in adult education. TITLE V—Employer incentives Sec. 501. Credit for employer educational assistance programs. I Adult Education and Workforce Investment Systems 101. Definitions (a) Title header The title header for title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ) is amended to read as follows: I Adult education and workforce investment systems . (b) Terms Section 101 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 ) is amended by adding at the end the following: (54) Career pathway The term career pathway means a system of educational and social services connecting education, training, and support services, including adult basic skills, English language instruction, General Educational Development test preparation, and noncredit and for-credit industry-recognized credential and degree programs, to enable youth and adults to advance over time to successively higher levels of education and employment in a given industry, industry sector, or occupational cluster, that— (A) aligns adult education, postsecondary education, and occupational skills training to create a pathway to attaining a recognized postsecondary credential that will qualify an individual for career advancement in projected employment opportunities identified in the State plan under section 112(b)(4)(A); (B) includes advising and career navigation to support the development of individual education and career plans; and (C) leads to a secondary school diploma or its recognized equivalent (for individuals who have not completed secondary school) or to a recognized postsecondary credential. (55) Integrated education and training The term integrated education and training means education that, at the same time, combines adult education services and occupational skills training for a specific occupation or occupational cluster leading to a recognized postsecondary credential. (56) Recognized postsecondary credential The term recognized postsecondary credential means a postsecondary degree from an institution of higher education described in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), a credential for completion of a registered apprenticeship program, or another industry-recognized credential (such as an industry certificate, or a license in an in-demand industry), if the recipient of the grant or contract involved determines that the program leading to the credential is of high quality. (57) Registered apprenticeship program The term registered apprenticeship program means an industry occupational skills training program at the postsecondary level that combines technical and theoretical training through structured on-the-job learning with related instruction (in classrooms or through distance learning) while an individual is employed, working under the direction of qualified personnel or a mentor, and earning incremental wage increases aligned to enhanced job proficiency, resulting in the acquisition of a nationally recognized and portable certificate, under a plan approved by the Office of Apprenticeship or a State agency recognized by the Department of Labor. (58) Sequential education and training The term sequential education and training means adult education services that may occur prior to occupational skills training or postsecondary education and are appropriate for adults who need services offered, one after another, in a progressive fashion. (59) Workplace skills The term workplace skills means the combination of basic skills, critical thinking skills, and self management skills with competency in utilizing resources, using information, working with others, understanding systems, and working with technology, and other skills necessary for success in the workplace. . 102. Purpose (a) Subtitle header The subtitle header for subtitle B of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 et seq. ) is amended to read as follows: B State and Local Adult Education and Workforce Investment Systems . (b) Purpose Section 106 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2811 ) is amended by striking workforce investment systems and inserting adult education and workforce investment systems . 103. State workforce investment boards Section 111 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2821 ) is amended— (1) in subsection (b)(1)(C)(vi)(I), by inserting (particularly the lead State agency officials with responsibility for the programs and activities that are described in section 121(b)(1)(B)(iii)) after 121(b) ; and (2) in subsection (d)(2), by striking workforce investment system and inserting adult education and workforce investment system . 104. State plan Section 112 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2822 ) is amended— (1) in subsection (a)— (A) by striking workforce investment system and inserting adult education and workforce investment system ; and (B) by inserting and aligns with the State plan described in section 224 before the period at the end; (2) in subsection (b)— (A) in paragraphs (2) and (3), by striking workforce investment system and inserting adult education and workforce investment system ; (B) in paragraph (4)— (i) in subparagraph (B), by inserting academic levels and before job skills ; (ii) in subparagraph (C), by striking and after the semicolon; (iii) in subparagraph (D), by striking State; and inserting State, including education, training, and registered apprenticeship programs and their relationship to the employment opportunities, academic levels, skills, and economic development needs described in this paragraph; and ; and (iv) by adding at the end the following: (E) the integrated education and training and sequential education and training activities that will be integrated and aligned with workforce investment activities and services under this title, and the State’s efforts to promote greater integration and alignment of adult education and workforce investment activities and services under this title; ; (C) in paragraph (8)— (i) in subparagraph (A)(x), by striking and after the semicolon; (ii) in subparagraph (B), by striking the semicolon and inserting , including processes for data collection and reporting regarding performance on the core indicators described in section 212; and ; and (iii) by adding at the end the following: (C) a description of any integrated data systems used to track performance outcomes over time for the participants in the programs and activities described in subparagraph (A); ; (D) in paragraph (9), by striking businesses and representatives of labor organizations and inserting businesses, representatives of labor organizations, and representatives of education and training providers (including adult education providers, institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), and training providers) ; (E) in paragraph (10), by striking workforce investment system and inserting adult education and workforce investment system ; (F) in paragraph (17)— (i) in subparagraph (A)(iv), by adding , and including individuals receiving services under title II after disabilities ; and (ii) in subparagraph (B), by striking and after the semicolon; (G) in paragraph (18)(D), by striking the period at the end and inserting a semicolon; and (H) by adding at the end the following: (19) a strategy for coordinating services, including guidance, counseling, mentoring, and other supports, to populations in need of such services, through public and private partnerships, and for creating transition strategies with such elements as dual enrollment, curricular articulation, and high intensity instruction; and (20) an assurance that every region, as designated by the State under section 116(c), in the State has at least 1 adult education program that offers more than 1 option for earning a credential with value in the local market to students who do not yet have a secondary school diploma or its recognized equivalent and who are unlikely to earn such a diploma or equivalent in the short-term, which option may include earning the credential through a partnership that includes a community college or occupational skills training provider and may include getting that equivalent in the process. ; and (3) by adding at the end the following: (e) Program development period Notwithstanding any other provision of this section, a State may be eligible to receive an allotment under section 127 or 132, or to receive financial assistance under the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ), before the State submits a single State plan under this section (as amended under section 104 of the Adult Education and Economic Growth Act of 2013) if the State is in a 1-year program development period. . 105. Local workforce investment boards Section 117 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2832 ) is amended— (1) in subsection (a), by striking workforce investment system each place it appears and inserting adult education and workforce investment system ; (2) in subsection (d)(8), by striking workforce investment system and inserting adult education and workforce investment system ; and (3) in subsection (h)(2)(A)— (A) in clause (v), by striking and after the semicolon; and (B) by inserting after clause (vi), the following: (vii) representatives of adult education programs; and . 106. Local plan Section 118(b)(1) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2833(b)(1) ) is amended— (1) in subparagraph (B), by striking and after the semicolon; (2) in subparagraph (C), by inserting academic levels and before job skills ; and (3) by adding at the end the following: (D) the type and availability of workforce investment activities in the local area, including education, training, and registered apprenticeship programs and their relationship to such business, jobseeker, and worker needs, employment opportunities, and academic levels and job skills, and economic development needs; and (E) the integrated education and training and sequential education and training activities that will be carried out under this title or title II and the integration and alignment of activities described in this subparagraph with workforce investment activities and services under this title. . 107. Use of funds for youth activities Section 129 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854 ) is amended— (1) in subsection (a)— (A) in paragraph (5), by striking and after the semicolon; (B) in paragraph (6), by striking the period and inserting ; and ; and (C) by adding at the end the following: (7) to provide opportunities for multiple pathways for eligible youth. ; and (2) in subsection (c)(1)(C)— (A) in clause (iii), by striking and after the semicolon; (B) in clause (iv)(II), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (v) opportunities for career pathways; and (vi) opportunities for the completion of secondary school, in appropriate cases. . 108. Use of funds for employment and training activities Section 134 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864 ) is amended— (1) in subsections (a)(3)(A)(vii) and (c)(2)(B)(ii)(II), by striking workforce investment system and inserting adult education and workforce investment system ; and (2) in subsection (d)— (A) in paragraph (3)(A)(i)(I), by striking and are unable to obtain employment through core services provided under paragraph (2) ; and (B) in paragraph (4)— (i) in subparagraph (A)(i), by striking and who are unable to obtain or retain employment through such services ; (ii) in subparagraph (D)— (I) in clause (viii), by striking and after the semicolon; (II) in clause (ix), by striking the period and inserting a semicolon; and (III) by adding at the end the following: (x) integrated education and training; and (xi) career pathway services. ; (iii) in subparagraph (G)— (I) in clause (i), by striking clause (ii) and inserting clause (ii) or subparagraph (H) ; and (II) in clause (ii)— (aa) in subclause (II), by striking or after the semicolon; (bb) in subclause (III), by striking the period and inserting ; or ; and (cc) by adding at the end the following: (IV) the local board determines that such provision of training services would facilitate the provision of integrated education and training and sequential education and training programs. ; and (iv) by adding at the end the following: (H) Authorization of contracts to institutions of higher education The local board may award a contract to an institution of higher education or other eligible provider of training services, including an adult education provider eligible under section 122, if the local board determines that provision of services through the contract would facilitate the training of multiple individuals in in-demand occupations. . 109. Performance accountability system Section 136 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2871 ) is amended— (1) in subsection (b)(2)(A)— (A) in clause (i)— (i) in the matter preceding subclause (I), by striking and (for participants who are eligible youth age 19 through 21) for youth activities authorized under section 129 ; (ii) in subclause (III), by striking and at the end; (iii) in subclause (IV), by striking , or by participants who are eligible youth age 19 through 21 who enter postsecondary education, advanced training, or unsubsidized employment. and inserting ; and ; and (iv) by adding at the end the following: (V) performance on the core indicators described in section 212, as appropriate. ; and (B) in clause (ii)— (i) in the matter preceding subclause (I), by striking (for participants who are eligible youth age 14 through 18) ; (ii) in subclause (I), by striking and, as appropriate, work readiness or occupational skills and inserting , workplace skills, or occupational skills, as appropriate ; (iii) in subclause (II), by striking and after the semicolon; (iv) in subclause (III), by striking the period and inserting ; and ; and (v) by adding at the end the following: (IV) the measures described in subclauses (I), (II), and (III) of clause (i), for eligible youth age 18 and older. ; and (2) in paragraphs (1), (2), and (3) of subsection (e), by striking workforce investment system and inserting adult education and workforce investment system . 110. National programs Section 171 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2916 ) is amended— (1) in subsection (b)(1)— (A) in subparagraph (G), by striking and after the semicolon; (B) in subparagraph (H), by striking the period and inserting a semicolon; and (C) by adding at the end the following: (I) projects that assist low-skill and limited English proficient workers to acquire basic, English, work readiness, and applied technical or occupational skills through integrated education and training and sequential education and training programs to successfully transition to postsecondary education, workforce development, and employment in career pathways; and (J) projects that test effective ways to develop comprehensive career pathway learning approaches that— (i) fully align adult education with— (I) secondary education, postsecondary education, workforce development programs including registered apprenticeship programs, and supportive service activities; and (II) regional economic development strategies to meet the skill needs of existing and emerging regional employers as well as the needs of low-skilled adults; and (ii) are designed to help adults, especially those who are low-skilled, to advance through progressive levels of education and training as quickly as possible and gain education and workplace skills of demonstrated value to the labor market at each level. ; and (2) in subparagraphs (D)(iii)(I) and (E)(ii)(III) of subsection (e)(2), by striking workforce investment system and inserting adult education and workforce investment system . 111. Administration (a) Requirements and restrictions Section 181(b)(1) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2931(b)(1) ) is amended by striking workforce investment system and inserting adult education and workforce investment system . (b) Waivers and special rules Section 189(i)(4)(B) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2939(i)(4)(B) ) is amended by striking workforce investment system and inserting adult education and workforce investment system . 112. Transition provisions Section 506(a) of the Workforce Investment Act of 1998 ( 20 U.S.C. 9276(a) ) is amended— (1) in the subsection heading, by striking Workforce Investment Systems and inserting Adult Education and Workforce Investment Systems ; and (2) by striking workforce investment systems and inserting adult education and workforce investment systems . 113. Table of contents The table of contents in section 1(b) of the Workforce Investment Act of 1998 is amended— (1) by striking the item relating to the title header for title I and inserting the following: TITLE I—ADULT EDUCATION AND WORKFORCE INVESTMENT SYSTEMS ; and (2) by striking the item relating to the subtitle header for subtitle B of title I and inserting the following: Subtitle B—State and Local Adult Education and Workforce Investment Systems . II Adult education, literacy, and workplace skills 201. Purpose Section 202 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9201 ) is amended— (1) by striking paragraph (1) and inserting the following: (1) assist adults to become literate and numerate and to obtain the knowledge and skills necessary to transition to and succeed in postsecondary education, job training, and employment in family-sustaining jobs, and to be self sufficient; ; (2) in paragraph (2), by striking and after the semicolon; (3) in paragraph (3), by striking education. and inserting education and transition to postsecondary education and career pathways; and ; and (4) by adding at the end the following: (4) assist adults with limited English proficiency in— (A) improving their reading, writing, speaking, listening, and comprehension skills in English and their mathematical skills; (B) acquiring an understanding of the American system of Government, individual freedom, and the responsibilities of citizenship; and (C) where necessary, obtaining the knowledge and skills to transition to and succeed in postsecondary education, job training, and employment in family-sustaining jobs. . 202. Definitions (a) In general Section 203 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9202 ) is amended— (1) by striking paragraph (14); (2) by redesignating paragraphs (1) (2), (3) through (11), (12), (13), and (15) through (18) as paragraphs (2), (3), (5) through (13), (15), (16), and (17) through (20), respectively; (3) by inserting before paragraph (2), as redesignated by paragraph (2), the following: (1) WIA terms The terms career pathway , integrated education and training , local board , outlying area , sequential education and training , State board , and workplace skills have the meanings given the terms in section 101. ; (4) by inserting after paragraph (3), as redesignated by paragraph (2), the following: (4) Digital literacy skills The term digital literacy skills has the meaning given the term in section 202 of the Museum and Library Services Act ( 20 U.S.C. 9101 ). ; (5) in paragraph (7), as redesignated by paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting an organization that has demonstrated effectiveness in providing adult education and literacy activities and workplace skills activities, and that may include after means ; (B) in subparagraph (B), by striking of demonstrated effectiveness ; (C) in subparagraph (C), by striking of demonstrated effectiveness ; (D) in subparagraph (H), by striking and after the semicolon; (E) in subparagraph (I), by striking the period and inserting ; and ; and (F) by adding at the end the following: (J) a partnership between an entity described in any of subparagraphs (A) through (I) and an employer. ; (6) in paragraph (9), as redesignated by paragraph (2)— (A) in the matter preceding subparagraph (A), by striking a family and inserting the economic prospects for a family that better enable parents to support their children's learning needs ; (B) by redesignating subparagraphs (A) through (D) as subparagraphs (B) through (E), respectively; and (C) by inserting before subparagraph (B), as redesignated by subparagraph (B), the following: (A) Parent adult education and literacy activities and workplace skills activities that lead to readiness for postsecondary education or training, career advancement, and economic self-sufficiency. ; and (7) by inserting after paragraph (13), as redesignated by paragraph (2), the following: (14) Integrated English literacy and civics education program The term integrated English literacy and civics education program means programs of instruction designed to help an individual of limited English proficiency achieve competence in English through contextualized instruction on the rights and responsibilities of citizenship, naturalization procedures, civic participation, and United States history and Government to help such an individual acquire the skills and knowledge to become an active and informed parent, worker, and community member. . (b) Conforming amendment Section 173A(b)(8) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2918a(b)(8) ) is amended by striking section 203(10) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9202(10) ) and inserting section 203(12) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9202(12) ) . 203. Authorization of appropriations Section 205 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9204 ) is amended to read as follows: 205. Authorization of appropriations There are authorized to be appropriated to carry out this title $850,000,000 for fiscal year 2015 and such sums as may be necessary for each succeeding fiscal year. . 204. Reservation of funds; grants to eligible agencies; allotments Section 211(a) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9211(a) ) is amended— (1) in paragraph (1), by striking $8,000,000 and inserting $15,000,000 ; (2) in paragraph (2)— (A) by striking 1.5 percent and inserting 1.25 percent ; and (B) by striking $8,000,000; and inserting $12,000,000; and ; (3) in paragraph (3), by striking the period and inserting ; and ; and (4) by adding at the end the following: (4) shall reserve 12 percent to carry out section 244. . 205. Performance accountability system Section 212(b) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9212(b) ) is amended— (1) in paragraph (1)(A)— (A) in clause (i), by inserting and the employment performance indicator described in paragraph (2)(B) after paragraph (2)(A) ; and (B) in clause (ii), by striking paragraph (2)(B) and inserting paragraph (2)(C) ; (2) in paragraph (2)— (A) in subparagraph (A)— (i) in clause (ii), by striking in, retention in and all that follows through the period at the end and inserting in postsecondary education, including registered apprenticeships, or other skill training programs. ; and (ii) by adding at the end the following: (iv) Attainment of work readiness, workplace skills, and certificates that are industry-recognized credentials described in section 101(56) or approved by the State board or local board, as appropriate. ; (B) by redesignating subparagraph (B) as subparagraph (D); (C) by inserting after subparagraph (A) the following: (B) Employment performance indicator Consistent with applicable Federal and State privacy laws— (i) an eligible agency shall identify in the State plan an individual participant employment performance indicator, which shall be based on entry into employment, retention, and earnings; and (ii) the State agency responsible for maintaining and analyzing the data described in clause (i) shall assist the eligible agency in obtaining and using quarterly wage records to collect such data. (C) Digital literacy skills indicator Beginning in 2015, an eligible agency shall include a digital literacy skills indicator in its State plan. ; and (D) by striking subparagraph (D), as redesignated by subparagraph (B), and inserting the following: (D) Additional indicators An eligible agency may identify in the State plan additional indicators, including customer feedback, for adult education and literacy activities and workplace skills activities authorized under this subtitle. ; and (3) in paragraph (3)(B)— (A) in the heading, by inserting and employment performance indicator after indicators ; and (B) by striking paragraph (2)(B) and inserting paragraph (2)(D), the employment performance indicator described in paragraph (2)(B), and beginning in 2015, the digital literacy indicator described in paragraph (2)(C) . 206. State distribution of funds; matching requirement Section 222(a) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9222(a) ) is amended— (1) in paragraph (1)— (A) by striking not more than 10 and inserting not less than 10 ; and (B) by striking 82.5 percent both places the term appears and inserting 80 percent ; and (2) in paragraph (2), by striking 12.5 percent and inserting 15 percent . 207. State leadership activities Section 223(a) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9223(a) ) is amended to read as follows: (a) Activities (1) Required activities Each eligible agency shall use funds made available under section 222(a)(2) for the following adult education and literacy activities and workplace skills activities: (A) The establishment or operation of professional development programs to improve the quality of instruction provided pursuant to local activities required under section 231(b). (B) The provision of technical assistance to eligible providers of adult education and literacy activities and workplace skills activities to enable them to fulfill the purpose of this title, as described in section 202. (C) The monitoring and evaluation of adult education and literacy activities and related activities to determine what works and broadly disseminate information about models and best practices and tools within the State. (D) The provision of technology assistance, including staff training, to eligible providers of adult education and literacy activities and workplace skills activities to enable the eligible providers to improve the quality of such activities. (E) Coordination with the workforce investment systems supported under title I. (2) Permissible activities Each eligible agency may use funds made available under section 222(a)(2) for one or more of the following adult education and literacy activities and workplace skills activities: (A) Support for State or regional networks of literacy resource centers. (B) Incentives for program coordination and integration, and performance awards. (C) Developing and disseminating curricula for postsecondary and job training readiness, including curricula for using technology for distance learning and for instructional and teacher training purposes. (D) Coordination with existing support services, such as transportation, child care, and other assistance designed to increase rates of enrollment in, and successful completion of, adult education and literacy activities and workplace skills activities, to adults enrolled in such adult education and literacy activities and workplace skills activities. (E) Developing innovative content and models for integrated education and training and sequential education and training programs. (F) Developing innovative content and models to foster the transition to and success in postsecondary education and career pathways. (G) Linkages with postsecondary educational institutions. (H) Linkages with community-based organizations. (I) Support for recruitment and outreach for instructors, students, and employers. (J) Linkages with public libraries. (K) Other activities that address issues of statewide significance . 208. State plan Section 224 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9224 ) is amended— (1) in subsection (a)— (A) by redesignating paragraph (2) as paragraph (4); and (B) by inserting after paragraph (1) the following: (2) Program development period Notwithstanding any other provision of this section, an eligible agency may be eligible to receive a grant under this title before submission of a 5-year State plan under this section if the eligible agency is in a 1-year program development period. (3) Stakeholder involvement The 5-year State plan shall be comprehensive in nature and developed and monitored by a planning group of all stakeholders in the State’s adult education and workforce development system. The stakeholders shall include— (A) the State agencies responsible for— (i) the State’s programs under this title and title I; (ii) the State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); (iii) overseeing community colleges; (iv) elementary and secondary education; (v) corrections; (vi) economic development; (vii) family literacy; and (viii) special services to immigrants; and (B) representatives of business and labor. ; (2) in subsection (b)— (A) by striking paragraph (10) and inserting the following: (10) a description and strategy of how the eligible agency will develop program strategies and coordinate services, including guidance, counseling, mentoring, and other supports through public and private partnerships and creating transition strategies with such elements as dual enrollment, curricular articulation, and high intensity instruction, for populations that include, at a minimum— (A) low-income students; (B) individuals with disabilities; (C) single parents and displaced homemakers; and (D) individuals with multiple barriers to educational enhancement, including individuals with limited English proficiency; ; (B) in paragraph (11), by striking and after the semicolon; (C) in paragraph (12), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (13) a description of the knowledge and skills necessary for acceptance in postsecondary education and training; (14) an assurance that every local program area, as defined by the eligible agency, served by the eligible agency has at least 1 adult education program that offers more than 1 option for earning a credential with value in the local employment market to students who do not yet have a secondary school diploma or its recognized equivalent and who are unlikely to earn such diploma or equivalent in the short term, which option may include earning the credential through a partnership that includes a community college or job training provider and may include earning the recognized equivalent of a secondary school degree in the process; (15) a description of any certification or other requirements for instructors in eligible adult education, literacy, and workplace skills program providers in the State; (16) a description of the professional development needs of adult education, literacy, and workplace skills providers in the State; (17) a description of how the State will— (A) use technology to improve the quality of adult education, literacy, and workplace skills services; and (B) expand access to such services for workers and students; (18) a description of how the State will carry out programs described in section 244, if the State is receiving a grant under such section; (19) a description of the data system that the State will use to track over time student outcomes on the performance measures described in section 212; (20) a description of the State’s program to invest in the skills of workers, including plans for involving business as an active partner in the effort; and (21) a description of how the adult education programs will be integrated with occupational skills programs and aligned with postsecondary education, career, and technical education, workforce development programs, and other Federal funds available under title I and other relevant Federal programs. ; (3) by striking subsection (e) and inserting the following: (e) Peer review and plan approval The Secretary shall— (1) establish a peer-review process to assist in the review and approval of State plans; (2) in consultation with the National Center for Adult Education, Literacy, and Workplace Skills, appoint individuals, representing the range of stakeholders, to the peer-review process, including— (A) representatives of adult learners, adult education, literacy, and workplace skills providers, eligible agencies, State educational agencies, institutions of higher education, and representatives of State boards or local boards; and (B) experts in the fields of adult education, literacy, and workplace skills; (3) approve a State plan not later than 120 days after receiving the plan, unless the Secretary makes a written determination, not later than 30 days after receiving the plan, that the plan does not meet the requirements of this section or is inconsistent with specific provisions of this subtitle; and (4) not finally disapprove of a State plan before offering the eligible agency the opportunity, prior to the expiration of the 30-day period beginning on the date on which the eligible agency received the written determination described in paragraph (3), to revise the plan, and providing technical assistance in order to assist the eligible agency in meeting the requirements of this subtitle. ; and (4) by striking subsections (f) and (g). 209. Programs for corrections education and other institutionalized individuals Section 225 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9225 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by striking and after the semicolon at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (5) integrated education and training and sequential education and training programs; (6) career pathways programs; (7) dual enrollment programs; and (8) preparation for postsecondary education and training. ; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following: (d) Report In addition to any report required under section 212(c), each eligible agency receiving a grant under section 211(b) shall annually prepare and submit to the Secretary a report on the progress, as described in section 212(c)(1), of the eligible agency with respect to the programs and activities of the eligible entity receiving assistance under this section. . 210. Grants and contracts for eligible providers Section 231(b)(1) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9241(b)(1) ) is amended to read as follows: (1) Adult education, literacy, and workplace skills services, which may include workplace literacy services, integrated education and training and sequential education and training services, and services assisting with the transition to postsecondary education, training, career pathways, or employment. . 211. Local application Section 232 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9242 ) is amended— (1) in the matter preceding paragraph (1), by inserting the measurable goals to be accomplished as a result of the grant or contract and after including ; (2) in paragraph (1), by striking and after the semicolon; (3) in paragraph (2), by striking the period and inserting ; and ; and (4) by adding at the end the following: (3) a description of how the eligible provider will collect data for purposes of reporting performance measures to assess and evaluate the progress of adult education students and activities. . 212. Administrative provisions Section 241 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9251 ) is amended by adding at the end the following: (c) Rulemaking (1) In general The Secretary shall issue such regulations as are necessary to reasonably ensure compliance with this title. (2) Consultation Before publishing in the Federal Register proposed regulations to carry out this title, the Secretary shall consult with the Secretary of Labor and obtain the advice and recommendations of representatives of— (A) adult learners; (B) adult education, literacy, and workplace skills providers; (C) eligible agencies; (D) State educational agencies; (E) institutions of higher education, including community colleges; (F) representatives of State boards and local boards; (G) other organizations involved with the implementation and operation of programs under this title; and (H) community-based organizations involved with the implementation and operation of programs under this title. (3) Meetings and electronic exchange The advice and recommendations described in paragraph (2) may be obtained through such mechanisms as regional meetings and electronic exchanges of information. . 213. National Center For Adult Education, Literacy, and Workplace Skills Section 242 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9252 ) is amended— (1) by striking the section heading and inserting the following: National Center for Adult Education, Literacy, and Workplace Skills ; (2) by striking subsection (a) and inserting the following: (a) Purpose The purpose of the National Center for Adult Education, Literacy, and Workplace Skills established under subsection (b) is to— (1) provide national leadership regarding adult education and family literacy; (2) coordinate adult education, literacy, and workplace skills services and policy; (3) serve as a national resource for adult education, literacy, and workplace skills programs by— (A) providing the best and most accurate information available; (B) providing national leadership on the use of technology for adult education; (C) supporting the creation of new ways to offer adult education, literacy, and workplace skills services of proven effectiveness; (D) providing effective practices for integrated English literacy and civics education programs; and (E) providing effective practices for corrections education; (4) collect and disseminate information on methods of advancing education and literacy that show great promise for adults eligible for services under this title; (5) provide policy and technical assistance to Federal, State, and local organizations for the improvement of adult education, literacy, and workplace skills services; and (6) not later than 4 years after the date of enactment of the Adult Education and Economic Growth Act of 2013, conduct an evaluation and submit a report to the Interagency Group, 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 effectiveness of programs funded under this title in achieving the purpose described in section 202, which evaluation and report shall include— (A) a longitudinal study of outcomes for adult learners served under programs under this title; (B) an analysis of the adequacy of the performance measures described in section 212; and (C) recommendations for improved performance measures and on how to improve program effectiveness. ; (3) in subsection (b)— (A) in paragraph (1)— (i) in the first sentence, by striking National Institute for Literacy (in this section referred to as the Institute ) and inserting National Center for Adult Education, Literacy, and Workplace Skills (in this section referred to as the Center ) ; (ii) in the second sentence, by striking Institute and inserting Center ; and (iii) in the third sentence, by striking the Institute and inserting the Center ; (B) in paragraph (2)— (i) by striking Institute and inserting Center ; and (ii) by striking separate and inserting independent ; (C) in paragraph (3)— (i) by striking National Institute for Literacy Advisory Board and inserting National Center for Adult Education, Literacy, and Workplace Skills Advisory Board ; and (ii) by striking the Institute and inserting the Center ; and (D) in paragraph (4), by striking Institute each place the term appears and inserting Center ; (4) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking Institute and inserting Center ; (ii) in subparagraph (A)— (I) in clause (iii), by striking and after the semicolon; (II) in clause (iv), by inserting and after the semicolon; and (III) by adding at the end the following: (v) effective practices for integrated English literacy and civics education programs; ; (iii) by striking subparagraph (D) and inserting the following: (D) to collect and disseminate information on methods of advancing education and literacy that show great promise for adults eligible for services under this title; ; (iv) by striking subparagraph (E) and inserting the following: (E) to provide policy and technical assistance to Federal, State, and local organizations for the improvement of adult education, literacy, and workplace skills services; ; (v) in subparagraph (F)(iii), by striking Institute and inserting Center ; (vi) in subparagraph (G), by inserting and integrated English literacy and civics education programs after workforce investment activities ; (vii) in subparagraph (H), by striking and after the semicolon; (viii) in subparagraph (I), by striking the period and inserting a semicolon; and (ix) by adding at the end the following: (J) to carry out section 306 of the Adult Education and Economic Growth Act of 2013 ; and (K) not later than 4 years after the date of enactment of the Adult Education and Economic Growth Act of 2013, to conduct an evaluation and submit a report to the Interagency Group, 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 effectiveness of programs funded under this title in achieving the purpose described in section 202, which evaluation and report shall include— (i) a longitudinal study of outcomes for adult learners served under programs under this title; (ii) an analysis of the adequacy of the performance measures identified in section 212; and (iii) recommendations for improved performance measures and on how to improve program effectiveness. ; and (B) in paragraph (2), by striking Institute each place the term appears and inserting Center ; (5) in subsection (d), by striking Institute each place the term appears and inserting Center ; (6) in subsection (e)— (A) in the heading, by striking National Institute for Literacy Advisory Board and inserting National Center for Adult Education, Literacy, and Workplace Skills Advisory Board ; (B) in paragraph (1)(A), by striking National Institute for Literacy Advisory Board and inserting National Center for Adult Education, Literacy, and Workplace Skills Advisory Board ; and (C) in paragraph (2), by striking Institute each place the term appears and inserting Center ; (7) in subsection (f)— (A) by striking Institute each place the term appears and inserting Center ; and (B) in paragraph (2), by striking Institute's and inserting Center's ; (8) in each of subsections (g), (i), and (j), by striking Institute and inserting Center ; (9) in subsection (k)— (A) by striking Institute each place the term appears and inserting Center ; and (B) in paragraph (1), by striking Institute's and inserting Center's ; and (10) in subsection (l), by striking Institute each place the term appears and inserting Center . 214. National leadership activities Section 243 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9253 ) is amended to read as follows: 243. National leadership activities The Secretary shall establish and carry out a program of national leadership activities to improve the quality and outcomes of adult education, literacy, and workplace skills programs nationwide. Such activities— (1) shall include— (A) technical assistance, which may include— (i) assistance to eligible providers in developing and using certification systems, performance measures, and data systems for the improvement of adult education and literacy activities and workplace skills activities, including family literacy services, transition to postsecondary education or career pathways, corrections education, and integrated English literacy and civics education programs; (ii) assistance related to professional development activities and assistance for the purpose of developing, improving, identifying, and disseminating the most successful methods and techniques for providing adult education and literacy activities and workplace skills activities, including family literacy services, transition to postsecondary education or career pathways, and integrated English literacy and civics education programs, based on scientific evidence where available; or (iii) assistance in distance learning and promoting and improving the use of technology in the classroom; and (B) program evaluation and data collection and reporting; and (2) may include— (A) national demonstration projects for improving adult education, literacy, and workplace skills services, which may include projects that— (i) accelerate learning outcomes for adult learners with the lowest literacy levels; (ii) promote career pathways; (iii) allow dual enrollment in adult secondary education and credit bearing postsecondary coursework; (iv) provide integrated education and training and sequential education and training services; (v) build capacity to enhance the intensity of adult education, literacy, and workplace skills services; (vi) establish partnerships to improve the quality of and expand adult education, literacy, and workplace skills services to more adults; (vii) provide professional development opportunities to adult education, literacy, and workplace skills service providers; (viii) develop new curricula and methods of instruction that improve learning outcomes in adult education, literacy, and workplace skills programs; (ix) provide integrated English literacy and civics education program instruction; and (x) provide corrections education; and (B) dissemination of the results and best practices identified in the national demonstration projects described in subparagraph (A). . 215. Integrated English literacy and civics education programs (a) In general Chapter 4 of subtitle A of the Adult Education and Family Literacy Act ( 20 U.S.C. 9251 et seq. ) is amended by adding at the end the following: 244. Integrated English literacy and civics education programs (a) In general From funds reserved under section 211(a)(4) for each fiscal year, the Secretary shall award grants to States, in accordance with the allocations under subsection (b), for integrated English literacy and civics education programs. (b) Allocations (1) In general Subject to paragraph (2), of the funds described in subsection (a), the Secretary shall allocate— (A) 65 percent to States on the basis of a State's need for integrated English and civics education programs, as determined by calculating each State's share of a 10-year average of the data compiled by the Office of Immigration Statistics of the Department of Homeland Security, for immigrants admitted for lawful permanent residence for the 10 most recent years; and (B) 35 percent to States on the basis of whether the State experienced growth, as measured by the average of the 3 most recent years for which data compiled by the Office of Immigration Statistics of the Department of Homeland Security are available, for immigrants admitted for lawful permanent residence. (2) Minimum No State shall receive an allocation under paragraph (1) for a fiscal year in an amount that is less than $60,000. . (b) Table of contents The table of contents in section 1(b) of the Workforce Investment Act of 1998 is amended by inserting after the item relating to section 243 the following: Sec. 244. Integrated English literacy and civics education programs. . III 21st Century Technology and Skills for Adult Learners 301. Purposes The purposes of this title are the following: (1) To expand access to adult education services and bring about cost efficiencies through increased use of technology and the development of a national web portal. (2) To provide professional development for providers of adult education, literacy, and workplace skills services so that the providers are able to— (A) effectively use technology in the delivery of adult education, literacy, and workplace skills services; and (B) improve the quality of instruction and accelerate the— (i) achievement of basic educational skills, English language literacy, and secondary school equivalency or postsecondary education for adult learners; and (ii) training readiness for adult learners. (3) To assist States in developing a 21st century delivery system for adult education, literacy, and workplace skills services. (4) To assist adults in developing digital literacy skills. 302. Definitions In this title: (1) Adult Education and Family Literacy Act terms The terms adult education , eligible agency , eligible provider , literacy , Secretary , State , and workplace skills have the meanings given the terms in section 203 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9202 ). (2) Center The term Center means the National Center for Adult Education, Literacy, and Workplace Skills established under section 242 of the Adult Education and Family Literacy Act ( 20 U.S.C. 9252 ). (3) Distance education The term distance education has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (4) Digital literacy skills The term digital literacy skills has the meaning given the term in section 202 of the Museum and Library Services Act ( 20 U.S.C. 9101 ). 303. Reservation of funds and allotments (a) Reservation of funds From the amounts appropriated under section 307 for a fiscal year, the Secretary shall reserve 3 percent or $7,500,000, whichever amount is less, to carry out section 306. (b) Allotment of remainder From the sums remaining for a fiscal year after making the reservation under subsection (a), the Secretary shall allot— (1) 75 percent to carry out section 305; (2) 20 percent to carry out section 304; and (3) 5 percent for administrative costs in carrying out section 304. (c) Allotments to eligible agencies (1) In general From the amounts available to carry out section 304 for a fiscal year, the Secretary shall allot to each eligible agency with an approved application an amount that bears the same relationship to such sums as the amount received under section 211(c)(2) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9211(c)(2) ) by such eligible agency bears to the amount received under such section for such fiscal year by all eligible agencies. (2) Minimum allotment; ratable reduction No eligible agency shall receive an allotment under paragraph (1) for a fiscal year in an amount that is less than $100,000. If the amount appropriated to carry out section 304 for a fiscal year is not sufficient to pay such minimum allotment to all States, the amount of such minimum allotments shall be ratably reduced. 304. Grants to eligible agencies (a) Authorization of grants The Secretary shall award grants to eligible agencies from allotments under section 303(b) to enable the eligible agencies to carry out subsection (c) and award subgrants or contracts under section 305. (b) Application (1) In general Each eligible agency that desires to receive a grant under this title shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (2) Contents An application submitted under paragraph (1) shall contain the following: (A) A description of the eligible agency's technology plan for the adult education system, including measurable goals to be achieved. (B) A description of how the eligible agency will provide technical assistance and support to local programs. (C) A description of how the eligible agency will use technology to expand adult education, literacy, and workplace skills services to more adults, including adults in rural areas. (D) A description of the long-term goals and strategies for improved outcomes for adult learners. (E) A description of the professional development activities to be undertaken in accordance with subsection (c)(2). (F) A description of the performance benchmarks to be used to evaluate the activities supported under the grant, and how data will be collected. (G) A description of how the eligible agency will ensure that grants or contracts to eligible providers are of sufficient size and scope to achieve the purposes of this title. (c) Activities An eligible agency that receives a grant under this title shall carry out the following: (1) Implementing a statewide technology plan for the adult education system, including— (A) providing professional development for adult education, literacy, and workplace skills service providers; (B) providing access to curricula, instruction, and assessment for adult learners and eligible providers; (C) supporting the development of curricula and assessment tools for adult education, literacy, and workplace skills service providers; and (D) providing guidance and technical assistance to eligible providers. (2) Supporting innovative pilot projects such as the use of assistive technology to deliver content to adult learners. 305. Subgrants and contracts to eligible providers (a) Authorization of subgrants and contracts An eligible agency that receives a grant under this title shall award subgrants or contracts to eligible providers to carry out activities described in this section. (b) Eligible provider application An eligible provider that desires to receive a subgrant or contract under this section shall submit an application to an eligible agency, which shall include— (1) a description of how the eligible provider will integrate technology into the eligible provider's delivery of adult education, literacy, and workplace skills services; (2) a description of professional development activities to be undertaken; and (3) a description of plans to regularly replace computers and servers that lack the functional capabilities to process new online applications and services, including video conferencing, video streaming, virtual simulations, and distance education courses. (c) Eligible provider activities An eligible provider that receives a subgrant or contract under this section shall carry out one or more of the following: (1) Acquiring and effectively implementing technology tools, applications, and other resources in conjunction with enhancing or redesigning adult education, literacy, and workplace skills curricula to increase adult learning outcomes and improve adult digital literacy skills. (2) Acquiring and effectively implementing technology tools, applications, and other resources to— (A) conduct on going assessments and use other timely data systems to more effectively identify individual learning needs and guide personalized instruction, learning, and appropriate interventions that address those personalized student learning needs; and (B) support individualized learning, including through instructional software and digital content that support the learning needs of each student or through providing access to high-quality courses and instructors, especially in rural areas. (3) Providing professional development activities for providers of adult education, literacy, and workplace skills services that include— (A) training that is on-going, sustainable, timely, and directly related to delivering adult education, literacy, and workplace skills services; (B) training in strategies and pedagogy in the delivery of adult education, literacy, and workplace skills services that involves the use of technology and curriculum redesign as key components of changing teaching and learning and improving outcomes for adult learners; (C) training in the use of technology to ensure that providers of adult education, literacy, and workplace skills services are able to use technology for data analysis to enable individualized instruction and to use technology to improve digital literacy skills for adult learners; and (D) training that includes on-going communication and follow-up with instructors, facilitators, and peers. (4) Acquisition and implementation of technology tools, applications, and other resources to be employed in professional development activities. 306. National Adult Learning and Technology Clearinghouse (a) In general The Center shall establish and maintain the National Adult Learning and Technology Resource Clearinghouse (referred to in this section as the Clearinghouse ). (b) Duties of the Clearinghouse The Clearinghouse shall— (1) develop and disseminate frameworks for technology-based learning and professional development materials for adult education, literacy, and workplace skills; (2) develop and disseminate frameworks for performance measures for digital literacy skills; (3) provide technical assistance to eligible entities and eligible providers of adult education, literacy, and workplace skills; (4) support distance education for professional development for eligible entities and eligible providers of adult education, literacy, and workplace skills services; (5) support the innovative uses of technology, such as the use of assistive technology, to deliver content to adult learners; and (6) be accessible to the public through the website of the Center. 307. Authorization of appropriations There are authorized to be appropriated to carry out this title, $250,000,000 for fiscal year 2015 and such sums as may be necessary for each succeeding fiscal year. IV Research in adult education 401. Research in adult education (a) In general Subparagraph (A) of section 133(c)(2) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9533(c)(2)(A) ) is amended to read as follows: (A) Adult education, literacy, and workplace skills. . (b) National research and development center (1) In general The Secretary of Education shall direct the Commissioner for Education Research of the National Center for Education Research established pursuant to section 131 of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9531 ) to establish a national research and development center for adult education, literacy, and workplace skills as described in section 133(c)(2)(A) of such Act ( 20 U.S.C. 9533(c)(2)(A) ). (2) Provision for expansion of research If, as of the date of the enactment of this Act, the Commissioner for Education Research of the National Center for Education Research has established a center for adult literacy in accordance with section 133(c)(2)(A) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9533(c)(2)(A) ), the Commissioner shall expand the topic of research of such center to include adult education and workplace skills, in accordance with the amendment made by subsection (a). V Employer incentives 501. Credit for employer educational assistance programs (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Credit for employer educational assistance programs (a) General rule For purposes of section 38, in the case of an employer, the employer educational assistance program credit determined under this section for the taxable year is an amount equal to 50 percent of the qualified educational assistance expenses paid or incurred by the taxpayer to or on behalf of any employee of the taxpayer during the taxable year. (b) Limitations (1) Per employee limitation The amount of the qualified educational assistance expenses taken into account under subsection (a) with respect to any employee for the taxable year shall not exceed $5,250. (2) Total limitation The aggregate amount of the qualified educational assistance expenses taken into account under subsection (a) with respect to all employees of the taxpayer for the taxable year shall not exceed the average of the aggregate qualified educational assistance expenses with respect to all employees of the taxpayer taken into account under subsection (a) in the 3 taxable years preceding such taxable year. (3) Transition rule (A) In general In the case of a taxable year in which qualified educational assistance expenses of the taxpayer have not been taken into account under subsection (a) for each of the 3 taxable years preceding such taxable year, the aggregate amount of the qualified educational assistance expenses taken into account under subsection (a) with respect to all employees of the taxpayer for such taxable year shall not exceed the average of the sum of— (i) the aggregate qualified educational assistance expenses with respect to all employees of the taxpayer taken into account under subsection (a) in any of the 3 taxable years preceding such taxable year, plus (ii) the aggregate amount of amounts paid or expenses incurred by the employer, for which an exclusion was allowable to any employee of the employer under section 127, in any of such 3 taxable years in which no expenses were taken into account under subsection (a), plus (iii) in the case of a taxable year in which expenses have not been taken into account under subsection (a) or section 127 for each of the 3 taxable years preceding such taxable year, an amount equal to— (I) $5,250, multiplied by (II) the number of employees of the taxpayer with respect to which the taxpayer has qualified educational assistance expenses in such taxable year. (c) Qualified educational assistance expenses For purposes of this section— (1) In general The term qualified educational assistance expenses means expenses paid for educational assistance pursuant to an educational assistance program (within the meaning of section 127(b)). (2) Educational assistance The term educational assistance has the meaning given such term by section 127(c)(1), applied without regard to subparagraph (B) thereof, except that such term includes a payment only if such payment is made with respect to an employee enrolled in a program provided at the workplace or outside of the workplace— (A) leading to a sub-baccalaureate degree or career technical certificate awarded by an accredited postsecondary institution; or (B) in basic education or English language training leading to a nationally recognized certificate of proficiency, or in workplace skills leading to an industry-recognized credential described in section 101(56) of the Workforce Investment Act of 1998 that is nationally recognized. (d) Other definitions and special rules Rules similar to the rules of paragraphs (2) through (5) of section 127(c) shall apply for purposes of this section. (e) Denial of double benefit No deduction or other credit shall be allowed under this chapter to an employer for any amount taken into account in determining the credit under this section. . (b) Credit included in general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the employer educational assistance program credit determined under section 45S(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 45S. Credit for employer educational assistance programs. . (d) Effective date The amendments made by this section shall apply to expenses relating to courses of instruction beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3697ih/xml/BILLS-113hr3697ih.xml |
113-hr-3698 | I 113th CONGRESS 1st Session H. R. 3698 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Gerlach (for himself, Mr. Crowley , Mr. Reed , Mr. Roskam , and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To delay the enforcement of the Medicare two-midnight rule for short inpatient hospital stays until the implementation of a new Medicare payment methodology for short inpatient hospital stays, and for other purposes.
1. Short title This Act may be cited as the Two-Midnight Rule Delay Act of 2013 . 2. Enforcement delay of Medicare two-midnight rule to permit development of a new Medicare payment methodology for short inpatient hospital stays (a) Delay in enforcement of two-Midnight rule (1) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall not enforce the provisions of the two-midnight rule (as defined in paragraph (2)) with respect to admissions to a hospital (as defined in subsection (d)) for which payment is made under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) for admissions occurring before October 1, 2014. (2) Two-midnight rule defined In this section, the term two-midnight rule means the following numbered amendments to 42 CFR Chapter IV contained in the IPPS FY 2014 Final Rule (and includes any sub-regulatory guidance issued in the implementation of such amendments and any portion of the preamble of section XI.C. of such rule relating to such amendments): (A) Amendment 2 (on page 50965), which adds a section 412.3 of title 42, Code of Federal Regulations (relating to admissions). (B) Amendment 3 (on page 50965), which revises section 412.46 of such title (relating to medical review requirements). (C) Amendment 23 (on page 50969), which amends paragraphs (d) and (e)(2) of section 424.11 of such title (relating to conditions of payment: General procedures). (D) Amendment 24 (on pages 50969 and 50970), which revises section 424.13 of such title (relating to requirements for inpatient services of hospitals other than inpatient psychiatric facilities). (E) Amendment 25 (on page 50970), which revises paragraphs (a), (b), (d)(1), and (e) of section 424.14 of such title (relating to requirements for inpatient services of inpatient psychiatric facilities). (F) Amendment 26 (on page 50970), which revises section 424.15 of such title (relating to requirements for inpatient CAH services). (3) IPPS FY 2014 Final Rule defined In this section, the term IPPS FY 2014 Final Rule means the final rule (CMS–1599–F, CMS–1455–F) published by the Centers for Medicare & Medicaid Services in the Federal Register on August 19, 2013, entitled Medicare Program; Hospital Inpatient Prospective Payment Systems for Acute Care Hospitals and the Long-Term Care Hospital Prospective Payment System and Fiscal Year 2014 Rates; Quality Reporting Requirements for Specific Providers; Hospital Conditions of Participation; Payment Policies Related to Patient Status (78 Federal Register 50496 et seq.). (4) Application to Medicare review contractors (A) In general Paragraph (1) shall also apply to Medicare review contractors (as defined in subparagraph (B)). No Medicare review contractor may deny a claim for payment for inpatient hospital services furnished by a hospital, or inpatient critical access hospital services furnished by a critical access hospital, for which payment may be made under title XVIII of the Social Security Act for discharges occurring before the date specified in paragraph (1)— (i) for medical necessity due to the length of an inpatient stay in such hospital or due to a determination that the services could have been provided on an outpatient basis; or (ii) for requirements for orders, certifications, or recertifications, and associated documentation relating to the matters described in clause (i). (B) Medicare review contractor defined In subparagraph (A), the term Medicare review contractor means any contractor or entity that has entered into a contract or subcontract with the Centers for Medicare & Medicaid Services with respect to the Medicare program to review claims for items and services furnished for which payment is made under title XVIII of the Social Security Act, including— (i) Medicare administrative contractors under section 1874A of the Social Security Act ( 42 U.S.C. 1395kk–1 ); and (ii) recovery audit contractors under section 1893(h) of such Act ( 42 U.S.C. 1395ddd(h) ). (5) Continuation of Medicare Probe and Educate program for inpatient hospital admissions (A) In general Subject to subparagraph (B), nothing in this subsection shall be construed to preclude the Secretary from continuing the conduct by Medicare administrative contractors of the Medicare Probe and Educate program (as defined in subparagraph (C)) for hospital admissions during the delay of enforcement under paragraph (1). (B) Maintenance of sample prepayment record limits The Secretary may not increase the sample of claims selected for prepayment review under the Medicare Probe and Educate program above the number and type established by the Secretary under such program as of November 4, 2013, such as 10 claims for most hospitals and 25 claims for large hospitals. (C) Medicare Probe and Educate program defined In this paragraph, the term Medicare Probe and Educate program means the program established by the Secretary as in effect on November 4, 2013 (and described in a public document made available by the Centers for Medicare & Medicaid Services on its Website entitled Frequently Asked Questions 2 Midnight Inpatient Admission Guidance & Patient Status Reviews for Admissions on or after October 1, 2013 ) under which Medicare administrative contractors— (i) conduct prepayment patient status reviews for inpatient hospital claims with dates of admission on or after October 1, 2013, and before March 31, 2014; and (ii) based on the results of such prepayment patient status reviews, conduct educational outreach efforts during the following 3 months. (b) Short inpatient hospital stay payment methodology (1) In general The Secretary shall develop a payment methodology under the Medicare program for hospitals for short inpatient hospital stays (as defined in paragraph (2)). Such payment methodology may be a reduced payment amount for such inpatient hospital services than would otherwise apply if paid for under section 1886(d) of the Social Security Act ( 42 U.S.C. 1395ww(d) ) or may be an alternative payment methodology. The Secretary shall promulgate such payment methodology as part of the annual regulations implementing the Medicare hospital inpatient prospective payment system for fiscal year 2015. (2) Short inpatient hospital stay defined In this section. the term short inpatient hospital stay means, with respect to an inpatient admission of an individual entitled to benefits under part A of title XVIII of the Social Security Act to a hospital, a length of stay that is less than the length of stay required to satisfy the 2-midnight benchmark described in section 412.3 of title 42, Code of Federal Regulation, as amended under the Amendment 2 referred to in subsection (a)(2)(A). (c) Crosswalk of ICD–10 codes and CPT codes; crosswalk of DRG and CPT codes (1) ICD10–to–CPT crosswalk (A) In general Not later than 2 years after the date of the enactment of this Act, the Secretary shall develop general equivalency maps (referred to in this subsection as crosswalks ) to link the relevant ICD–10 codes to relevant CPT codes, and the relevant CPT codes to relevant ICD–10 codes, in order to permit comparisons of inpatient hospital services, for which payment is made under section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ), and hospital outpatient department services, for which payment is made under section 1833(t) of such Act ( 42 U.S.C. 1395l(t) ). In this subsection the terms ICD–10 codes and CPT codes include procedure as well as diagnostic codes. (B) Process (i) In general In carrying out subparagraph (A), the Secretary shall develop a proposed ICD10–to–CPT crosswalk which shall be made available for public comment for a period of not less than 60 days. (ii) Notice The Secretary shall provide notice of the comment period through the following: (I) Publication of notice of proposed rulemaking in the Federal Register. (II) A solicitation posted on the Internet Website of the Centers for Medicare & Medicaid Services. (III) An announcement on the Internet Website of the Centers for Medicare & Medicaid Services of the availability of the proposed crosswalk and the deadline for comments. (IV) A broadcast through an appropriate Listserv operated by the Centers for Medicare & Medicaid Services. (iii) Use of the ICD–9–CM Coordination and Maintenance Committee The Secretary also shall instruct the ICD–9–CM Coordination and Maintenance Committee to convene a meeting to receive input from the public regarding the proposed ICD10–to–CPT crosswalk. (iv) Publication of final crosswalks Taking into consideration comments received on the proposed crosswalk, the Secretary shall publish a final ICD10–to–CPT crosswalk under subparagraph (A) and shall post such crosswalk on the Internet Website of the Centers for Medicare & Medicaid Services. (v) Updating The Secretary shall update such crosswalk on an annual basis. (2) DRG–to–APC crosswalk (A) In general The Secretary shall, using the ICD10–to–CPT crosswalk developed under paragraph (1), develop a second crosswalk between diagnosis-related group (DRG) codes for inpatient hospital services and Ambulatory Payment Class (APC) codes for outpatient hospital services. (B) Data to be used In developing such crosswalk, the Secretary shall use claims data for inpatient hospital services for discharges occurring in fiscal years beginning with fiscal year 2015 and for outpatient hospital services furnished in years beginning with 2015. (C) Publication Not later than June 30, 2017, the Secretary shall publish the DRG–to–APC crosswalk developed under this paragraph. (d) Hospital defined For purposes of this section, the term hospital means the following (insofar as such terms are used under title XVIII of the Social Security Act): (1) An acute care hospital. (2) A critical access hospital. (3) A long-term care hospital. (4) An inpatient psychiatric facility. | https://www.govinfo.gov/content/pkg/BILLS-113hr3698ih/xml/BILLS-113hr3698ih.xml |
113-hr-3699 | I 113th CONGRESS 1st Session H. R. 3699 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Higgins (for himself, Mr. Cartwright , Mr. Braley of Iowa , and Mr. Richmond ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to protect the right of a claimant in a civil action before a Federal court to retain a structured settlement broker to negotiate the terms of payment of an award, and for other purposes.
1. Short title This Act may be cited as the Structured Settlement Claimants Rights Act of 2013 . 2. In general (a) Federal court proceedings Chapter 111 of title 28, United States Code, is amended by adding at the end the following: 1660. Right to retain structured settlement broker A claimant in any civil action before a Federal court shall have the right to retain a structured settlement broker to act on behalf of that claimant for purposes of negotiating a schedule of payments or other terms of payment of a sum certain previously agreed to paid by or on behalf of the defendant in satisfaction of a judgment against that defendant or in accordance with the terms of a settlement. The court shall inform the claimant of this right at the appropriate time. The defendant shall provide timely notice of any professional relationship between the defendant and the broker if any such relationship exists or has existed. . (b) Administrative proceedings Section 554 of title 5, United States Code, is amended by adding at the end the following: (f) In the case of any proceeding under this section, a party to that proceeding shall have the right to retain a structured settlement broker to act on behalf of that party for purposes of negotiating a schedule of payments or other terms of payment of a sum certain previously agreed to paid by or on behalf of another party in satisfaction of a decision against that party or in accordance with the terms of a settlement between the parties. The agency shall inform the claimant of this right at the appropriate time. The defendant shall provide timely notice of any professional relationship between the defendant and the broker if any such relationship exists or has existed. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3699ih/xml/BILLS-113hr3699ih.xml |
113-hr-3700 | I 113th CONGRESS 1st Session H. R. 3700 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Hinojosa (for himself, Ms. Shea-Porter , and Mr. Vela ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To instruct the Secretary of the Treasury to use 25 percent of civil fines collected for violations of the Bank Secrecy Act to make grants to community financial institutions to improve compliance with the provisions of that Act, and for other purposes.
1. Short title This Act may be cited as the Building Community Financial Institutions’ Capacity to Combat Money Laundering Act . 2. BSA compliance improvement grants (a) In general Subchapter II of chapter 53 of title 31, United States Code, is amended— (1) in section 5321, by adding at the end the following: (f) Civil fines used for compliance improvements (1) In general For each year, 25 percent of all civil money penalties imposed on domestic financial institutions pursuant to this section shall be deposited into the BSA Compliance Fund established under section 5333. (2) Fines under other law for actions that violate this section If a domestic financial institution pays a civil fine under any other provision of Federal law with respect to an action for which a civil money penalty is imposed under this section, 25 percent of such civil fine shall be deposited into the BSA Compliance Fund established under section 5333. ; and (2) by adding at the end the following: 5333. Compliance improvement grants (a) BSA Compliance Fund There is established a fund in the Treasury to be known as the BSA Compliance Fund (the Fund ), which shall be used to carry out the grant program under this section. (b) Compliance grants (1) In general Subject to the availability of funds in the Fund, the Secretary of the Treasury shall make grants to community financial institutions to improve compliance with the requirements of this subchapter. (2) Application A community financial institution that wishes to receive a grant under this section shall submit an application to the Secretary, in such form and manner as the Secretary determines appropriate, that contains— (A) a compliance improvement plan that details how the grant will be used to improve compliance with the requirements of this subchapter; (B) the estimated cost of implementing such plan; and (C) such other information as the Secretary determines appropriate. (3) Competitive selection; priority for certain areas The Secretary shall select which community financial institutions receive a grant under this section on a competitive basis based on the plans submitted under paragraph (2), and shall give priority to institutions located in counties that have 20 percent or more of residents living below the Federal poverty line. (4) Amount of grant A grant made under this section may not exceed the lesser of— (A) $200,000; or (B) 75 percent of the estimated cost of implementing the proposed compliance improvement plan. (c) Administrative costs Not more than 4 percent of the funds in the Fund may be used to pay for the administrative costs of carrying out this section. (d) Community financial institution defined For purposes of this section, the term community financial institution means a domestic financial institution with less than $10,000,000,000 in assets. . (b) Clerical amendment The table of analysis for chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5332 the following: 5333. Compliance improvement grants. . 3. Sunset (a) In general Effective October 1, 2018, title 31, United States Code, is amended— (1) in section 5321, by striking subsection (f); (2) by striking section 5333; and (3) in the table of analysis for chapter 53, by striking the item relating to section 5333. (b) Amounts remaining in BSA Compliance Fund Effective October 1, 2018, the Secretary of the Treasury shall deposit any funds in the BSA Compliance Fund into the general fund of the Treasury. | https://www.govinfo.gov/content/pkg/BILLS-113hr3700ih/xml/BILLS-113hr3700ih.xml |
113-hr-3701 | I 113th CONGRESS 1st Session H. R. 3701 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. King of New York (for himself, Mr. Huizenga of Michigan , Mr. Grimm , and Mr. Gary G. Miller of California ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To make improvements to provisions of the Bank Holding Company Act of 1956 relating to proprietary trading by banking entities.
1. Short title This Act may be cited as the U.S. Financial Services Global Viability Act . 2. Amendments to the Bank Holding Company Act of 1956 Section 13 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1851 ) is amended— (1) by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Identification and certification (1) In general Subsections (a) and (c) and any rule or regulation prescribed pursuant to subsection (b)(2), or any other regulatory action to enforce or implement any provision of this section, shall not be effective until the Secretary of the Treasury— (A) identifies the foreign countries (including the United Kingdom, France, Germany, Switzerland, Japan, Brazil, China, Canada, and Mexico) that have foreign banks chartered and headquartered in such countries that compete significantly with banking entities subject to the provisions of this section; and (B) certifies that such countries have applied to such foreign banks, including the subsidiaries and affiliates of such banks, requirements equivalent to those set forth under this section. (2) Hearing; judicial review The certification under paragraph (1)(B) shall be determined after interested parties are given the opportunity for a hearing on the record in accordance with the procedures set forth under section 554 of title 5, United States Code, and such parties are entitled to judicial review in accordance with chapter 7 of such title in the United States Court of Appeals for the District of Columbia Circuit. (3) Postponement of effective date The effective date of the provisions, rules, and regulations described under paragraph (1) shall be postponed pending judicial review. ; and (2) in subsection (i), as redesignated in paragraph (1)— (A) by redesignating paragraphs (2) through (7) as paragraphs (3) through (8), respectively; and (B) inserting after paragraph (1) the following new paragraph: (2) Foreign bank; foreign country The terms foreign bank and foreign country shall have the same meanings as are given such terms in section 1 of the International Banking Act of 1978 ( 12 U.S.C. 3101 ). . | https://www.govinfo.gov/content/pkg/BILLS-113hr3701ih/xml/BILLS-113hr3701ih.xml |
113-hr-3702 | I 113th CONGRESS 1st Session H. R. 3702 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To delay the effective date of certain rules of the Environmental Protection Agency until a report is submitted and a law is enacted setting the rule’s effective date.
1. Short title This Act may be cited as the Refinery Regulatory Reduction Act of 2013 . 2. Delay in effective date of certain EPA rules (a) In general A rule described in subsection (b) shall not take effect until— (1) a report on the rule is submitted in accordance with subsection (c); and (2) a law is enacted setting the rule’s effective date. (b) Covered rules Subsection (a) applies to a rule of the Environmental Protection Agency that is finalized on or after the date of enactment of this Act and— (1) requires a reduction in the sulfur content of gasoline; (2) establishes or revises a standard of performance under section 111 of the Clean Air Act ( 42 U.S.C. 7411 ) that is applicable to the emission of any air pollutant from a petroleum refinery; or (3) concerns, takes action relating to, or takes into consideration the emission of a greenhouse gas from a petroleum refinery. (c) Report (1) Submission Upon finalizing any rule described in subsection (b), the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Energy, the Administrator of the Office of Information and Regulatory Affairs, and the Commissioner of the Bureau of Labor Statistics, shall submit a report on the rule to the Congress. (2) Contents A report required by paragraph (1) shall include each of the following: (A) Estimates of the impacts of the rule on— (i) the global economic competitiveness of businesses and industries in the United States in international markets, particularly focusing on energy-intensive and trade-sensitive industries; (ii) national, State, and regional energy prices; (iii) national, State, and regional fuel prices; (iv) agricultural and food prices; and (v) national, State, and regional employment, including secondary impacts associated with increased energy and fuel prices or facility closures. (B) Estimates of the cumulative costs and benefits of the rule. (C) An assessment of the cumulative impacts of the rule on— (i) consumers; (ii) small businesses; (iii) regional economies, including local and industry-specific labor markets; (iv) agriculture; and (v) oil refinery production. | https://www.govinfo.gov/content/pkg/BILLS-113hr3702ih/xml/BILLS-113hr3702ih.xml |
113-hr-3703 | I 113th CONGRESS 1st Session H. R. 3703 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Kingston introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on Foreign Affairs , Energy and Commerce , and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the expedited approval of the construction, operation, and maintenance of the Keystone XL pipeline, and for other purposes.
1. Short title This Act may be cited as the Approve the Pipeline Now Act . 2. Keystone XL pipeline and environmental impact statement approval (a) Requirement Not later than 30 days after the date of enactment of this Act, the Secretary of State shall— (1) issue a Presidential permit approving the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L.P. to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor; and (2) issue a final environmental impact statement for such pipeline. (b) Satisfaction of requirements The final environmental impact statement described in subsection (a)(2), coupled with the Final Evaluation Report described in subsection (a)(1), shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), of the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ), and of section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ). (c) Consequence of failure To comply (1) General rule If either the Presidential permit described in subsection (a)(1) or the environmental impact statement described in subsection (a)(2) remains unissued upon the expiration of 30 days after the date of enactment of this Act, until such permit and environmental impact statement are both issued no Federal funds may be expended to pay more than 75 percent of the salary of any senior official in the Department of State. (2) Definition In this subsection, the term senior official in the Department of State means the Secretary of State and any Deputy Secretary or Under Secretary at the Department of State. 3. Associated permits (a) Requirement Not later than 30 days after the date of enactment of this Act— (1) the Secretary of the Interior shall issue all permits associated with the pipeline project described in section 2(a) that were applied for before the date of enactment of this Act, including a grant of right-of-way and temporary use permit under section 28 of the Mineral Leasing Act ( 30 U.S.C. 185 ) and the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) and any permit required under the Migratory Bird Treaty Act ( 16 U.S.C. 703 et seq. ); and (2) the Secretary of the Army shall issue all permits associated with such pipeline project that were applied for before the date of enactment of this Act under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ). (b) Consequence of failure To comply (1) General rule If any permit described in subsection (a) remains unissued upon the expiration of 30 days after the date of enactment of this Act, until all such permits are issued no Federal funds may be expended to pay more than 75 percent of the salary of— (A) in the case of a permit described in subsection (a)(1), any senior official in the Department of the Interior; and (B) in the case of a permit described in subsection (a)(2), the Secretary of the Army and the Assistant Secretary of the Army for Civil Works. (2) Definition In this subsection, the term senior official in the Department of the Interior means the Secretary of the Interior and any Deputy Secretary or Under Secretary at the Department of the Interior. | https://www.govinfo.gov/content/pkg/BILLS-113hr3703ih/xml/BILLS-113hr3703ih.xml |
113-hr-3704 | I 113th CONGRESS 1st Session H. R. 3704 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mrs. Kirkpatrick introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Sedona-Red Rock National Scenic Area in the Coconino National Forest, Arizona, and for other purposes.
1. Short title This Act may be cited as the Sedona-Red Rock National Scenic Area Act of 2010 . 2. Sedona-Red Rock National Scenic Area, Coconino National Forest, Arizona (a) Establishment There is established in the Coconino National Forest, Arizona, the Sedona-Red Rock National Scenic Area (in this section referred to as the Scenic Area ) for the purposes of— (1) limiting exchanges of land involving National Forest System land included in the Scenic Area; and (2) managing the National Forest System land included in the Scenic Area as provided in the land and resource management plan for the Coconino National Forest. (b) Boundaries The Scenic Area shall consist of approximately 160,000 acres of National Forest System land in the Coconino National Forest, as generally depicted on the map entitled Sedona-Red Rocks National Scenic Area and dated June 7, 2010. The Scenic Area shall not include any land located outside the boundaries of the Coconino National Forest. (c) Map and boundary description As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and boundary description of the Scenic Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. The map and boundary description shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and description. The map and boundary description shall be on file and available for public inspection in the Office of the Chief of the Forest Service. (d) Administration The Secretary of Agriculture shall administer the Scenic Area in accordance with this Act, the land and resource management plan for the Coconino National Forest (including any subsequent amendment or revision of the plan), and the laws and regulations generally applicable to the National Forest System. In the event of conflict between this Act and such other laws and regulations, this Act shall take precedence. (e) Restriction on scenic area land exchanges With regard to acquisitions of land for public purposes, land exchanges that dispose of National Forest System land included in the Scenic Area may occur only if— (1) the exchange results in the acquisition of land within the boundaries of the Scenic Area from a willing seller for inclusion in the Scenic Area; (2) there is no net loss of National Forest System land within the boundaries of the Scenic Area; and (3) an environmental analysis in accordance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and consistent with the applicable forest plan amendment is completed before any land exchange within the boundaries of the Scenic Area. (f) Deposit of consideration from certain land sales; use (1) Deposit of proceeds Moneys received by the Secretary of Agriculture from the sale or exchange of land located in the Coconino National Forest shall be deposited in the fund established by Public Law 90–171 (commonly known as the Sisk Act; 16 U.S.C. 484a ). (2) Use of funds Notwithstanding the limitations on the use of moneys deposited in the fund established by Public Law 90–171 , moneys deposited under paragraph (1) shall be available for use by the Secretary of Agriculture, without further appropriation and until expended, for the acquisition of land or interests in land within the National Forest System in Arizona. (g) No effect on surrounding land, roads, or easements The establishment of the Scenic Area does not affect— (1) the maintenance or use of public, private, or Forest Service roads within the Scenic Area; (2) the legal status, maintenance, or use of rights-of-way and utility easements within the Scenic Area; (3) the management of State, municipal, or private land located in the vicinity of or within the boundaries of the Scenic Area; (4) the management of National Forest System land that is not included in the Scenic Area; or (5) the construction or siting of transportation projects or water projects (and associated facilities) within the Scenic Area or in areas outside the Scenic Area. (h) No cause of action Nothing in this Act creates a private cause of action in any Federal, state or tribal court. | https://www.govinfo.gov/content/pkg/BILLS-113hr3704ih/xml/BILLS-113hr3704ih.xml |
113-hr-3705 | I 113th CONGRESS 1st Session H. R. 3705 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Paulsen (for himself and Mr. Matheson ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to establish appropriateness requirements for certain advanced diagnostic imaging services, and for other purposes.
1. Short title This Act may be cited as the Excellence in Diagnostic Imaging Utilization Act of 2013 . 2. Appropriateness requirements for certain advanced diagnostic imaging services (a) In general Section 1834 of the Social Security Act ( 42 U.S.C. 1395m ) is amended by adding at the end the following new subsection: (p) Appropriateness requirements for certain advanced diagnostic imaging services (1) In general (A) In general Beginning with January 1, 2015, with respect to applicable advanced diagnostic imaging services furnished in an outpatient setting and for which payment is made under— (i) the technical or professional component of the fee schedule established under section 1848(b); or (ii) the prospective payment system for hospital outpatient department services under section 1833(t), payment for such services may only be made if the requirements of this subsection are met. (B) Applicable advanced diagnostic imaging services For purposes of this subsection, the term applicable advanced diagnostic imaging services means advanced diagnostic imaging services (as defined in subsection (e)(1)(B)) for which defined appropriate use criteria (and related guidelines) have been— (i) developed or endorsed by national professional medical specialty societies; and (ii) selected by the Secretary for purposes of this subsection in consultation with national professional medical specialty societies and other stakeholders. (C) Construction in instances of multiple applicable appropriate use criteria Nothing in this subsection shall be construed as preventing the Secretary, in the case that there are multiple appropriate use criteria (and related guidelines) that are applicable to a particular advanced diagnostic imaging service (or a specific set of clinical indications), from selecting more than one criterion (or more than one guideline) under subparagraph (B)(ii)(II). (D) Periodic revision The Secretary may periodically revise the list of applicable advanced diagnostic imaging services under this paragraph. (2) Development and maintenance of imaging appropriateness registries by medical specialty societies (A) In general Not later than April 1, 2014, the Secretary shall qualify registries that are developed and maintained by national professional medical specialty societies. (B) Requirements Registries qualified under subparagraph (A) shall meet the following requirements: (i) The registry shall document— (I) the use of an approved electronic clinical decision support tool (as described in paragraph (3)) in connection with the ordering and performance of an applicable advanced diagnostic imaging service; (II) whether orders for applicable advanced diagnostic imaging services were consistent with related appropriate use criteria (including an appropriateness score where available from the approved electronic clinical decision support tool); (III) the clinical indication for the applicable advanced diagnostic imaging services ordered; and (IV) in situations where an order for an applicable advanced diagnostic imaging service is not consistent with the related appropriate use criteria, the rationale of the ordering or furnishing supplier or provider (as the case may be) for such inconsistency. (ii) The registry shall be structured to allow access to data for future research, provide a centralized analysis of the data submitted, including the impact on utilization changes for applicable advanced diagnostic services, and provide connections with existing medical society registries. (iii) The registry shall generate reports on at least a quarterly basis providing feedback to suppliers and providers that order and furnish applicable advanced diagnostic imaging services on the ordering activity of the supplier or provider and related appropriate use criteria metrics. (C) Multiple qualified registries In the case where more than one registry is developed under this paragraph, the Secretary shall ensure that each registry receives standardized data such that the data may be combined and compared across registries. (D) Periodic updating The Secretary shall periodically update the list of registries qualified under this paragraph. (3) Listing of qualified suppliers of approved electronic clinical decision support tools (A) In general Not later than July 1, 2014, the Secretary shall publish a list of qualified suppliers of approved electronic clinical decision support tools, in accordance with the provisions of this paragraph. (B) Standards (i) In general The Secretary, in consultation with the medical specialty societies described in paragraph (2)(A), shall establish standards for the approval of electronic clinical decision support tools provided by qualified suppliers. (ii) Standards The standards established under clause (i) shall include the ability of such tool to— (I) use only standards and guidelines developed by national medical specialty societies; (II) capture the clinical indication for the applicable advanced diagnostic imaging services ordered, selected from the related appropriate use criteria; (III) accurately deliver to the ordering clinician appropriate use criteria (and related guidelines) for applicable advanced diagnostic imaging services, regardless of the physician specialty (if any) from which the criteria or guidelines originated or to which the criteria or guidelines are directed; (IV) in the case where there are multiple standards or guidelines applicable to a particular service or a specific set of clinical indications, indicate the standards or guidelines that are being applied; (V) determine the appropriateness of orders for such services; (VI) submit standardized data to one or more registries qualified under paragraph (2) that is sufficient for such registries to meet their documentation obligations under that paragraph; (VII) be regularly and timely updated; (VIII) generate a unique electronic identifier (referred to in this subsection as a Clinical Decision Support Number ) that documents the fact that the clinical decision support tool was consulted by the ordering supplier or provider in connection with the ordering of an applicable advanced diagnostic imaging service; and (IX) perform other functions determined to be necessary by the Secretary in consultation with the medical specialty societies described in paragraph (2)(A). (C) Design An approved electronic clinical decision support tool under this paragraph— (i) may use a web-based portal, or be imbedded into an electronic health record system or other health information technology tool; and (ii) shall meet the privacy and security standards under the regulations promulgated pursuant to the Health Insurance Portability and Accountability Act of 1996. (D) Usage and convenient access requirements The Secretary shall only include in the list published under this paragraph approved electronic clinical decision support tools provided by suppliers who— (i) attest that they have obtained permission to incorporate appropriate use criteria (and related guidelines) developed by national medical specialty societies; and (ii) demonstrate that they can provide convenient access to such a tool via a secure web-based portal at no cost to— (I) suppliers and providers who order and furnish applicable advanced diagnostic imaging services under this title; and (II) the Federal government. (E) Periodic updating The Secretary shall periodically update the list of qualified suppliers of approved electronic clinical decision support tools that meet the standards established under subparagraph (B) and the other requirements of this paragraph. (4) Consultation requirement The Secretary shall require that, as a condition of participation in the program under this title, suppliers and providers who order an applicable advanced diagnostic imaging service shall agree to consult an approved electronic clinical decision support tool listed pursuant to paragraph (3) in connection with such order. (5) Payment for services contingent upon registry submission (A) In general With respect to an applicable advanced diagnostic imaging service, payment for the technical or professional component of such service under the fee schedule established under section 1848(b) or under the prospective payment system for hospital outpatient department services under section 1833(t) may only be made if the documentation accompanying any such claim for payment demonstrates that an approved electronic clinical decision support tool listed pursuant to paragraph (3) was consulted and the required information was submitted to a registry qualified under paragraph (2). (B) Demonstration of compliance Compliance with the requirements under subparagraph (A) may be demonstrated by the inclusion of a Clinical Decision Support Number with the claim for payment. (6) Exemptions (A) Significant hardship exemption The Secretary may, on a case-by-case basis, exempt a supplier or provider to whom this subsection would otherwise apply if the Secretary determines, subject to annual renewal, that compliance with this subsection would result in a significant hardship, such as in the case of a supplier or provider who lacks access to an electronic records system or high-speed Internet access. (B) Emergency services exemption Applicable advanced diagnostic imaging services ordered emergently as part of an emergency medical evaluation shall not be subject to the requirements of this subsection. (C) Clarification of inapplicability to inpatient services Advanced diagnostic imaging services ordered for inpatients and for which payment is made under part A are not subject to the requirements of this subsection. (7) Limitations The Secretary may not utilize the authority provided under this subsection to— (A) impose any requirement that a supplier or provider obtain approval to order an advanced diagnostic imaging service before performing such service or any other requirement for prior authorization with respect to such service; or (B) use approved electronic clinical decision support tools to make claims payment determinations under this title. (8) Rulemaking regarding patient safety The Secretary shall promulgate regulations to address situations in which a supplier or provider, prior to performing an applicable advanced diagnostic imaging service for an individual, reasonably believes that the service ordered, if performed, would pose a safety risk to the individual and that a different imaging service is more appropriate under the circumstances. Such regulations shall define circumstances in which the supplier or provider may change the order to an imaging service the supplier or provider determines is more appropriate. . (b) Compliance with appropriateness registry treated as satisfactory quality reporting Section 1848(m)(3) of the Social Security Act ( 42 U.S.C. 1395w–4(m)(3) ) is amended— (1) by redesignating subparagraph (F) as subparagraph (H); and (2) by inserting after subparagraph (E) the following new subparagraphs: (F) Satisfactory reporting measures through participation in imaging appropriateness registry (i) In general For 2015 and subsequent years, the Secretary shall treat an eligible professional described in clause (ii) as satisfactorily submitting data on quality measures under subparagraph (A) if, instead of reporting measures under subsection (k)(2)(C), the eligible professional provides evidence, in a form and manner specified by the Secretary, demonstrating that the registry submission requirements under section 1833(p)(5) have been complied with with respect to not less than 90 percent of claims for applicable advanced diagnostic imaging services (as defined in section 1833(p)(1)(B)) submitted by the eligible professional in the year. (ii) Eligible professional described For purposes of clause (i), an eligible professional described in this clause is an eligible professional who furnishes the technical or professional component of applicable advanced diagnostic imaging services (as so defined). (G) Satisfactory reporting measures through participation in imaging appropriateness registry (i) In general For 2015 and subsequent years, the Secretary shall treat an eligible professional described in clause (ii) as satisfactorily submitting data on quality measures under subparagraph (A) if, in lieu of reporting measures under subsection (k)(2)(C), the eligible professional provides evidence, in a form and manner specified by the Secretary, demonstrating that they have complied with the consultation requirements under section 1833(p)(4) with respect to not less than 90 percent of claims for applicable advanced diagnostic imaging services (as so defined) submitted by the eligible professional in the year. (ii) Eligible professional described For purposes of clause (i), an eligible professional described in this clause is an eligible professional who orders applicable advanced diagnostic imaging services (as so defined). . (c) Conforming amendment Section 1833(t)(16) of the Social Security Act ( 42 U.S.C. 1395l(t)(16) ) is amended by adding at the end the following new subparagraph: (E) Application of appropriateness requirements for certain advanced diagnostic imaging services For provisions relating to the application of appropriateness requirements for certain advanced diagnostic imaging services, see section 1834(p). . | https://www.govinfo.gov/content/pkg/BILLS-113hr3705ih/xml/BILLS-113hr3705ih.xml |
113-hr-3706 | I 113th CONGRESS 1st Session H. R. 3706 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Poe of Texas (for himself, Mr. Costa , and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 reauthorize subtitle A of the Victims of Child Abuse Act of 1990.
1. Short title This Act may be cited as the Victims of Child Abuse Act Reauthorization Act of 2013 . 2. Improving investigation and prosecution of child abuse cases (a) Reauthorization Section 214B of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13004 ) is amended— (1) in subsection (a), by striking $15,000,000 for each of fiscal years 2004 and 2005 and inserting $17,500,000 for each of fiscal years 2014, 2015, 2016, 2017, and 2018 ; and (2) in subsection (b), by striking fiscal years 2004 and 2005 and inserting fiscal years 2014, 2015, 2016, 2017, and 2018 . (b) Accountability Subtitle A of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13001 et seq. ) is amended by adding at the end the following: 214C. Accountability All grants awarded by the Administrator under this subtitle shall be subject to the following accountability provisions: (1) Audit requirement (A) Definition In this paragraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date when the final audit report is issued and any appeal has been completed. (B) Audit The Inspector General of the Department of Justice shall conduct audits of recipients of grants under this subtitle 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 grant funds under this subtitle that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this subtitle during the following 2 fiscal years. (D) Priority In awarding grants under this subtitle, the Administrator shall give priority to eligible entities that did not have an unresolved audit finding during the 3 fiscal years prior to submitting an application for a grant under this subtitle. (E) Reimbursement If an entity is awarded grant funds under this subtitle during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Administrator shall— (i) deposit an amount equal to 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, 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 Administrator may not award a grant under any grant program described in this subtitle 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 grant under this subtitle 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 Administrator, 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 Administrator 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 subtitle may be used by the Administrator, or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or such Assistant Attorney Generals, Directors, or principal deputies as the Deputy Attorney General may designate, including the Administrator, provides prior written authorization through an award process or subsequent application that the funds may be expended to host a conference. (B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audiovisual equipment, honoraria for speakers, and any entertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all approved conference expenditures referenced in this paragraph. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3706ih/xml/BILLS-113hr3706ih.xml |
113-hr-3707 | I 113th CONGRESS 1st Session H. R. 3707 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Rohrabacher (for himself, Mr. Clay , Mr. Cleaver , Mr. Cohen , Mr. Cook , Mr. Faleomavaega , Mr. Gene Green of Texas , Mr. Higgins , Mr. Issa , Ms. Jackson Lee , Mr. Lewis , Mr. McClintock , Mr. Poe of Texas , Mr. Ruiz , Ms. Loretta Sanchez of California , Mr. Weber of Texas , and Mr. Westmoreland ) 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 ensure the emergency protection of Iranian dissidents living in Camp Liberty/Hurriya and to provide for their admission as refugees to the United States.
1. Statement of U.S. Policy It shall be the policy of the United States to— (1) take all necessary and appropriate steps in accordance with international agreements to support the commitments of the United States to ensure the physical security and protection of Camp Liberty/Hurriya residents, members of the opposition Mujahedeen e-Khalq (MEK), in accordance with the United States Embassy Statement on Transfer of Security Responsibility for Camp Ashraf of December 28, 2008; (2) assist the United Nations High Commissioner for Refugees in ensuring the rapid and orderly resettlement of all residents of Camp Liberty/Hurriya to safe locations outside of Iraq; and (3) permit the admission as refugees of the residents of Camp Liberty/Hurriya to the United States, who express a desire for such resettlement. 2. Findings The Congress makes the following findings: (1) The United States recognized the residents of the former Camp Ashraf who now reside in Camp Liberty/Hurriya as protected persons under the Fourth Geneva Convention and committed itself to protect the residents until their final disposition. (2) The United States expects the Government of Iraq to continue this commitment of protection of the residents of Camp Liberty/Hurriya, as reflected in the United States Embassy Statement on Transfer of Security Responsibility for Camp Ashraf of December 28, 2008. (3) The residents of the former Camp Ashraf, who now reside in Camp Liberty/Hurriya, renounced violence and unilaterally disarmed more than a decade ago. (4) Dozens of residents of Camp Liberty/Hurriya were permanent residents or political refugees in the United States. (5) Camp Liberty/Hurriya residents have provided valuable intelligence to the international community concerning efforts by the Government of Iran to establish a nuclear weapons capability and to supply the terrorist groups in Iraq with Improvised Explosive Devices (IEDs). (6) Camp Liberty/Hurriya residents share the desire of the United States in seeing the establishment of a peaceful, democratic, non-nuclear government in Iran with full rights for women and religious and ethnic minorities. (7) The residents of Camp Liberty/Hurriya are cooperating in the framework of an agreement between the United Nations and the Government of Iraq to transfer the residents out of Iraq. (8) Despite Iraq’s acceptance of the U.S. commitment to protect Camp Ashraf residents, the unarmed residents have been attacked five times in 2009, 2011, and 2013 during their residence in the former Camp Ashraf and Camp Liberty/Hurriya by external persons and organizations, including Iraqi security forces, killing more than 100 residents and wounding 1,000 others. (9) Iraqi security forces are permanently stationed all around Camp Liberty/Hurriya, despite their history of violence against the unarmed residents, while all Liberty/Hurriya residents are kept inside the Camp’s walled compound, with no freedom of movement for the residents outside the Camp and no access to counsel, family, NGOs, and press. 3. Actions To Protect Iranian dissidents living in Camp Liberty/Hurriya (1) The United States shall take all necessary and appropriate steps to ensure the safety of the residents of Camp Liberty/Hurriya. (2) The United States shall provide all necessary and appropriate assistance to the United Nations High Commissioner for Refugees to process applications by the residents of Camp Liberty/Hurriya for refugee status and to secure their orderly resettlement in safe locations outside of Iraq, including in the United States for any such residents who express such a desire. (3) The United States shall timely admit as refugees the residents of Camp Liberty/Hurriya in the U.S. and in doing so shall not delay or bar such resettlement merely because any such resident is or has been a member of, or supports or has supported, organizations or groups that were subject to the Secretary of State’s decision of September 21, 2012, in Public Notice 8049, notwithstanding §§ 212(a)(3)(B) and 212(a)(3)(F) of the Immigration and Nationality Act of 1965, as amended. (4) Within 90 days of the effective date of this Act, the Secretary of State and the Secretary of the Department of Homeland Security shall report to the Congress on steps taken by the United States to guard the safety of the residents of Camp Liberty/Hurriya and to secure their orderly resettlement in safe locations in accordance with the provisions of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3707ih/xml/BILLS-113hr3707ih.xml |
113-hr-3708 | I 113th CONGRESS 1st Session H. R. 3708 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Rokita (for himself, Mr. Graves of Missouri , Mr. Flores , Mr. Peterson , Mr. Hanna , and Mr. Pompeo ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Federal Aviation Administration to issue or revise regulations with respect to the medical certification of certain small aircraft pilots, and for other purposes.
1. Short title This Act may be cited as the General Aviation Pilot Protection Act of 2013 . 2. Medical certification of certain small aircraft pilots (a) In general Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall issue or revise medical certification regulations to ensure that an individual may operate as pilot in command of a covered aircraft without regard to any medical certification or proof of health requirement otherwise applicable under Federal law if— (1) the individual possesses a valid State driver’s license and complies with any medical requirement associated with that license; (2) the individual is transporting not more than 5 passengers; (3) the individual is operating under visual flight rules; and (4) the relevant flight, including each portion thereof, is not carried out— (A) for compensation, including that no passenger or property on the flight is being carried for compensation; (B) at an altitude that is more than 14,000 feet above mean sea level; (C) outside the United States, unless authorized by the country in which the flight is conducted; or (D) at a speed exceeding 250 knots. (b) Covered aircraft defined In this section, the term covered aircraft means an aircraft that— (1) is not authorized under Federal law to carry more than 6 occupants; and (2) has a maximum certificated takeoff weight of not more than 6000 pounds. 3. Report Not later than 5 years after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall submit to Congress a report that describes the impact that the regulations issued or revised under section 2 have had, including statistics with respect to changes in small aircraft activity and safety incidents. | https://www.govinfo.gov/content/pkg/BILLS-113hr3708ih/xml/BILLS-113hr3708ih.xml |
113-hr-3709 | I 113th CONGRESS 1st Session H. R. 3709 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Rush (for himself, Mr. Van Hollen , and Mr. Waxman ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 brand name drug companies from compensating generic drug companies to delay the entry of a generic drug into the market, and for other purposes.
1. Short title This Act may be cited as the Protecting Consumer Access to Generic Drugs Act of 2013 . 2. Unfair and deceptive acts and practices related to new drug applications (a) Conduct prohibited It shall be unlawful for any person to directly or indirectly be a party to any agreement resolving or settling a patent infringement claim in which— (1) an ANDA filer receives anything of value; and (2) the ANDA filer agrees not to research, develop, manufacture, market, or sell, for any period of time, the drug that is to be manufactured under the ANDA involved and is the subject of the patent infringement claim. (b) Exceptions Notwithstanding subsection (a)(1), subsection (a) does not prohibit a resolution or settlement of a patent infringement claim in which the value received by the ANDA filer includes no more than— (1) the right to market the drug that is to be manufactured under the ANDA involved and is the subject of the patent infringement claim, before the expiration of— (A) the patent that is the basis for the patent infringement claim; or (B) any other statutory exclusivity that would prevent the marketing of such drug; and (2) the waiver of a patent infringement claim for damages based on prior marketing of such drug. (c) Enforcement A violation of subsection (a) shall be treated as an unfair and deceptive act or practice and an unfair method of competition in or affecting interstate commerce prohibited under section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act. (d) Definitions In this section: (1) Agreement The term agreement means anything that would constitute an agreement for purposes of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ). (2) Agreement resolving or settling The term agreement resolving or settling , in reference to a patent infringement claim, includes any agreement that is contingent upon, provides a contingent condition for, or is otherwise related to the resolution or settlement of the claim. (3) ANDA The term ANDA means an abbreviated new drug application for the approval of a new drug under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ). (4) ANDA filer The term ANDA filer means a party that has filed an ANDA with the Food and Drug Administration. (5) Patent infringement The term patent infringement means infringement of any patent or of any filed patent application, extension, reissuance, renewal, division, continuation, continuation in part, reexamination, patent term restoration, patent of addition, or extension thereof. (6) Patent infringement claim The term patent infringement claim means any allegation made to an ANDA filer, whether or not included in a complaint filed with a court of law, that its ANDA or drug to be manufactured under such ANDA may infringe any patent. 3. FTC Rulemaking The Federal Trade Commission may, by rule promulgated under section 553 of title 5, United States Code, exempt certain agreements described in section 2 if the Commission finds such agreements to be in furtherance of market competition and for the benefit of consumers. Consistent with the authority of the Commission, such rules may include interpretive rules and general statements of policy with respect to the practices prohibited under section 2. 4. Forfeiture of 180-day exclusivity period under the FFDCA Section 505(j)(5)(D)(i) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(D)(i) ) is amended in subclause (V) by inserting section 2 of the Protecting Consumer Access to Generic Drugs Act of 2013 or after that the agreement has violated . 5. Notice and certification of agreements (a) Notice of all agreements Section 1112(c)(2) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( 21 U.S.C. 3155 note) is amended by— (1) striking the Commission the and inserting the Commission (1) the ; and (2) inserting before the period at the end the following: ; and (2) a description of the subject matter of any other agreement the parties enter into within 30 days of an entering into an agreement covered by subsection (a) or (b) . (b) Certification of agreements Section 1112 of such Act is amended by adding at the end the following: (d) Certification The Chief Executive Officer or the company official responsible for negotiating any agreement required to be filed under subsection (a), (b), or (c) shall execute and file with the Assistant Attorney General and the Commission a certification as follows: I declare under penalty of perjury that the following is true and correct: The materials filed with the Federal Trade Commission and the Department of Justice under section 1112 of subtitle B of title XI of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, with respect to the agreement referenced in this certification: (1) represent the complete, final, and exclusive agreement between the parties; (2) include any ancillary agreements that are contingent upon, provide a contingent condition for, or are otherwise related to, the referenced agreement; and (3) include written descriptions of any oral agreements, representations, commitments, or promises between the parties that are responsive to subsection (a) or (b) of such section 1112 and have not been reduced to writing. . . | https://www.govinfo.gov/content/pkg/BILLS-113hr3709ih/xml/BILLS-113hr3709ih.xml |
113-hr-3710 | I 113th CONGRESS 1st Session H. R. 3710 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Ms. Shea-Porter introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for coverage of continuous glucose monitoring systems (CGMS) as durable medical equipment under Medicare, and for other purposes.
1. Short title This Act may be cited as the Medicare CGM Coverage Act . 2. Medicare coverage of continuous glucose monitoring systems (CGMS) as durable medical equipment (DME) (a) Effective date Section 1861(n) of the Social Security Act ( 42 U.S.C. 1395x(n) ) is amended by adding at the end the following: Such term also includes continuous glucose monitoring systems (including a transmitter, receiver, sensors, and test strips required for use). . (b) Effective date The amendment made by subsection (a) shall apply to the implementation of monitoring systems occurring on or after January 1, 2015. | https://www.govinfo.gov/content/pkg/BILLS-113hr3710ih/xml/BILLS-113hr3710ih.xml |
113-hr-3711 | I 113th CONGRESS 1st Session H. R. 3711 IN THE HOUSE OF REPRESENTATIVES December 11, 2013 Mr. Tierney (for himself and Mr. Jones ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reduce risks to the financial system by limiting banks’ ability to engage in certain risky activities and limiting conflicts of interest, to reinstate certain Glass-Steagall Act protections that were repealed by the Gramm-Leach-Bliley Act, and for other purposes.
1. Short title This Act may be cited as the 21st Century Glass-Steagall Act of 2013 . 2. Findings and purpose (a) Findings Congress finds that— (1) in response to a financial crisis and the ensuing Great Depression, Congress enacted the Banking Act of 1933, known as the Glass-Steagall Act , to prohibit commercial banks from offering investment banking and insurance services; (2) a series of deregulatory decisions by the Board of Governors of the Federal Reserve System and the Office of the Comptroller of the Currency, in addition to decisions by Federal courts, permitted commercial banks to engage in an increasing number of risky financial activities that had previously been restricted under the Glass-Steagall Act, and also vastly expanded the meaning of the business of banking and closely related activities in banking law; (3) in 1999, Congress enacted the Gramm-Leach-Bliley Act , which repealed the Glass-Steagall Act separation between commercial and investment banking and allowed for complex cross-subsidies and interconnections between commercial and investment banks; (4) former Kansas City Federal Reserve President Thomas Hoenig observed that with the elimination of Glass-Steagall, the largest institutions with the greatest ability to leverage their balance sheets increased their risk profile by getting into trading, market making, and hedge fund activities, adding ever greater complexity to their balance sheets. ; (5) the Financial Crisis Inquiry Report issued by the Financial Crisis Inquiry Commission concluded that, in the years between the passage of Gramm-Leach Bliley and the global financial crisis, regulation and supervision of traditional banking had been weakened significantly, allowing commercial banks and thrifts to operate with fewer constraints and to engage in a wider range of financial activities, including activities in the shadow banking system. . The Commission also concluded that [t]his deregulation made the financial system especially vulnerable to the financial crisis and exacerbated its effects. ; (6) a report by the Financial Stability Oversight Council pursuant to section 123 of the Dodd-Frank Wall Street Reform and Consumer Protection Act states that increased complexity and diversity of financial activities at financial institutions may shift institutions towards more risk-taking, increase the level of interconnectedness among financial firms, and therefore may increase systemic default risk. These potential costs may be exacerbated in cases where the market perceives diverse and complex financial institutions as ‘too big to fail,’ which may lead to excessive risk taking and concerns about moral hazard. ; (7) the Senate Permanent Subcommittee on Investigations report, Wall Street and the Financial Crisis: Anatomy of a Financial Collapse , states that repeal of Glass-Steagall made it more difficult for regulators to distinguish between activities intended to benefit customers versus the financial institution itself. The expanded set of financial services investment banks were allowed to offer also contributed to the multiple and significant conflicts of interest that arose between some investment banks and their clients during the financial crisis. ; (8) the Senate Permanent Subcommittee on Investigations report, JPMorgan Chase Whale Trades: A Case History of Derivatives Risks and Abuses , describes how traders at JPMorgan Chase made risky bets using excess deposits that were partly insured by the Federal Government; (9) in Europe, the Vickers Independent Commission on Banking (for the United Kingdom) and the Liikanen Report (for the Euro area) have both found that there is no inherent reason to bundle retail banking with investment banking or other forms of relatively high risk securities trading, and European countries are set on a path of separating various activities that are currently bundled together in the business of banking; (10) private sector actors prefer having access to underpriced public sector insurance, whether explicit (for insured deposits) or implicit (for too big to fail financial institutions), to subsidize dangerous levels of risk-taking, which, from a broader social perspective, is not an advantageous arrangement; and (11) the financial crisis, and the regulatory response to the crisis, has led to more mergers between financial institutions, creating greater financial sector consolidation and increasing the dominance of a few large, complex financial institutions that are generally considered to be too big to fail , and therefore are perceived by the markets as having an implicit guarantee from the Federal Government to bail them out in the event of their failure. (b) Purpose The purposes of this Act are— (1) to reduce risks to the financial system by limiting banks’ ability to engage in activities other than socially valuable core banking activities; (2) to protect taxpayers and reduce moral hazard by removing explicit and implicit government guarantees for high-risk activities outside of the core business of banking; and (3) to eliminate conflicts of interest that arise from banks engaging in activities from which their profits are earned at the expense of their customers or clients. 3. Safe and sound banking (a) Insured depository institutions Section 18(s) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(s) ) is amended by adding at the end the following: (6) Limitations on banking affiliations (A) Prohibition on affiliations with nondepository entities An insured depository institution may not— (i) be or become an affiliate of any insurance company, securities entity, or swaps entity; (ii) be in common ownership or control with any insurance company, securities entity, or swaps entity; or (iii) engage in any activity that would cause the insured depository institution to qualify as an insurance company, securities entity, or swaps entity. (B) Individuals eligible to serve on boards of depository institutions (i) In general An individual who is an officer, director, partner, or employee of any securities entity, insurance company, or swaps entity may not serve at the same time as an officer, director, employee, or other institution-affiliated party of any insured depository institution. (ii) Exception Clause (i) does not apply with respect to service by any individual which is otherwise prohibited under clause (i), if the appropriate Federal banking agency determines, by regulation with respect to a limited number of cases, that service by such an individual as an officer, director, employee, or other institution-affiliated party of an insured depository institution would not unduly influence the investment policies of the depository institution or the advice that the institution provides to customers. (iii) Termination of service Subject to a determination under clause (i), any individual described in clause (i) who, as of the date of enactment of the 21st Century Glass-Steagall Act of 2013 , is serving as an officer, director, employee, or other institution-affiliated party of any insured depository institution shall terminate such service as soon as is practicable after such date of enactment, and in no event, later than the end of the 60-day period beginning on that date of enactment. (C) Termination of existing affiliations and activities (i) Orderly termination of existing affiliations and activities Any affiliation, common ownership or control, or activity of an insured depository institution with any securities entity, insurance company, or swaps entity, or any other person, as of the date of enactment of the 21st Century Glass-Steagall Act of 2013 , which is prohibited under subparagraph (A) shall be terminated as soon as is practicable, and in no event later than the end of the 5-year period beginning on that date of enactment. (ii) Early termination The appropriate Federal banking agency, after opportunity for hearing, at any time, may order termination of an affiliation, common ownership or control, or activity prohibited by clause (i) before the end of the 5-year period described in clause (i), if the agency determines that— (I) such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices; and (II) is in the public interest. (iii) Extension Subject to a determination under clause (ii), an appropriate Federal banking agency may extend the 5-year period described in clause (i) as to any particular insured depository institution for not more than an additional 6 months at a time, if— (I) the agency certifies that such extension would promote the public interest and would not pose a significant threat to the stability of the banking system or financial markets in the United States; and (II) such extension, in the aggregate, does not exceed 1 year for any one insured depository institution. (iv) Requirements for entities receiving an extension Upon receipt of an extension under clause (iii), the insured depository institution shall notify its shareholders and the general public that it has failed to comply with the requirements of clause (i). (D) Definitions For purposes of this paragraph, the following definitions shall apply: (i) Insurance company The term insurance company has the same meaning as in section 2(q) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841(q) ). (ii) Securities entity Except as provided in clause (iii), the term securities entity — (I) includes any entity engaged in— (aa) the issue, flotation, underwriting, public sale, or distribution of stocks, bonds, debentures, notes, or other securities; (bb) market making; (cc) activities of a broker or dealer, as those terms are defined in section 3(a) of the Securities Exchange Act of 1934; (dd) activities of a futures commission merchant; (ee) activities of an investment adviser or investment company, as those terms are defined in the Investment Advisers Act of 1940 and the Investment Company Act of 1940, respectively; or (ff) hedge fund or private equity investments in the securities of either privately or publicly held companies; and (II) does not include a bank that, pursuant to its authorized trust and fiduciary activities, purchases and sells investments for the account of its customers or provides financial or investment advice to its customers. (iii) Swaps entity The term swaps entity means any swap dealer, security-based swap dealer, major swap participant, or major security-based swap participant, that is registered under— (I) the Commodity Exchange Act ( 7 U.S.C. 1 et seq. ); or (II) the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ). (iv) Insured depository institution The term insured depository institution — (I) has the same meaning as in section 3(c)(2); and (II) does not include a savings association controlled by a savings and loan holding company, as described in section 10(c)(9)(C) of the Home Owners' Loan Act ( 12 U.S.C. 1467a(c)(9)(C) ). . (b) Limitation on banking activities Section 21 of the Banking Act of 1933 ( 12 U.S.C. 378 ) is amended by adding at the end the following: (c) Business of receiving deposits For purposes of this section, the term business of receiving deposits includes the establishment and maintenance of any transaction account (as defined in section 19(b)(1)(C) of the Federal Reserve Act). . (c) Permitted activities of national banks Section 24 (Seventh) of the Revised Statutes of the United States (12 U.S.C. 24 (Seventh)) is amended to read as follows: Seventh. (A) To exercise by its board of directors or duly authorized officers or agents, subject to law, all such powers as are necessary to carry on the business of banking. (B) As used in this paragraph, the term business of banking shall be limited to the following core banking services: (i) Receiving deposits A national banking association may engage in the business of receiving deposits. (ii) Extensions of credit A national banking association may— (I) extend credit to individuals, businesses, not for profit organizations, and other entities; (II) discount and negotiate promissory notes, drafts, bills of exchange, and other evidences of debt; and (III) loan money on personal security. (iii) Payment systems A national banking association may participate in payment systems, defined as instruments, banking procedures, and interbank funds transfer systems that ensure the circulation of money. (iv) Coin and bullion A national banking association may buy, sell, and exchange coin and bullion. (v) Investments in securities (I) In general A national banking association may invest in investment securities, defined as marketable obligations evidencing indebtedness of any person, copartnership, association, or corporation in the form of bonds, notes, or debentures (commonly known as investment securities ), obligations of the Federal Government, or any State or subdivision thereof, under such further definition of the term investment securities as the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Board of Governors of the Federal Reserve System may jointly prescribe, by regulation. (II) Limitations The business of dealing in securities and stock by the association shall be limited to purchasing and selling such securities and stock without recourse, solely upon the order, and for the account of, customers, and in no case for its own account, and the association shall not underwrite any issue of securities or stock. The association may purchase for its own account investment securities under such limitations and restrictions as the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Board of Governors of the Federal Reserve System may jointly prescribe, by regulation. In no event shall the total amount of the investment securities of any one obligor or maker, held by the association for its own account, exceed at any time 10 percent of its capital stock actually paid in and unimpaired and 10 percent of its unimpaired surplus fund, except that such limitation shall not require any association to dispose of any securities lawfully held by it on August 23, 1935. (C) Prohibition against transactions involving structured or synthetic products A national banking association shall not invest in a structured or synthetic product, a financial instrument in which a return is calculated based on the value of, or by reference to the performance of, a security, commodity, swap, other asset, or an entity, or any index or basket composed of securities, commodities, swaps, other assets, or entities, other than customarily determined interest rates, or otherwise engage in the business of receiving deposits or extending credit for transactions involving structured or synthetic products. . (d) Permitted Activities of Federal Savings Associations (1) In general Section 5(c)(1) of the Home Owners' Loan Act ( 12 U.S.C. 1464(c)(1) ) is amended— (A) by striking subparagraph (Q); and (B) by redesignating subparagraphs (R) through (U) as subparagraphs (Q) through (T), respectively. (2) Conforming amendment Section 10(c)(9)(A) of the Home Owners' Loan Act ( 12 U.S.C. 1467a(c)(9)(A) ) is amended by striking permitted— and all that follows through clause (ii) and inserting permitted under paragraph (1)(C) or (2). . (e) Closely related activities Section 4(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(c) ) is amended— (1) in paragraph (8), by striking had been determined and all that follows through the end and inserting the following: “are so closely related to banking so as to be a proper incident thereto, as provided under this paragraph or any rule or regulation issued by the Board under this paragraph, provided that the following shall not be considered closely related for purposes of this paragraph: (A) Serving as an investment advisor (as defined in section 2(a)(20) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(a)(20) )) to an investment company registered under that Act, including sponsoring, organizing, and managing a closed-end investment company. (B) Agency transactional services for customer investments, except that this subparagraph may not be construed as prohibiting purchases and sales of investments for the account of customers conducted by a bank (or subsidiary thereof) pursuant to the bank’s trust and fiduciary powers. (C) Investment transactions as principal, except for activities specifically allowed by paragraph (14). (D) Management consulting and counseling activities. ; (2) in paragraph (13), by striking or at the end; (3) by redesignating paragraph (14) as paragraph (15); and (4) by inserting after paragraph (13) the following: (14) purchasing, as an end user, any swap, to the extent that— (A) the purchase of any such swap occurs contemporaneously with the underlying hedged item or hedged transaction; (B) there is formal documentation identifying the hedging relationship with particularity at the inception of the hedge; and (C) the swap is being used to hedge against exposure to— (i) changes in the value of an individual recognized asset or liability or an identified portion thereof that is attributable to a particular risk; (ii) changes in interest rates; or (iii) changes in the value of currency; or . (f) Prohibited activities Section 4(a) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(a) ) is amended— (1) in paragraph (1), by striking or at the end; (2) in paragraph (2), by striking the period at the end and inserting ; or ; and (3) by inserting before the undesignated matter following paragraph (2), the following: (3) with the exception of the activities permitted under subsection (c), engage in the business of a securities entity or a swaps entity , as those terms are defined in section 18(s)(6)(D) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(s)(6)(D) ), including, without limitation, dealing or making markets in securities, repurchase agreements, exchange traded and over-the-counter swaps, as defined by the Commodity Futures Trading Commission and the Securities and Exchange Commission, or structured or synthetic products, as defined in section 24 (Seventh) of the Revised Statutes of the United States (12 U.S.C. 24 (Seventh)), or any other over-the-counter securities, swaps, contracts, or any other agreement that derives its value from, or takes on the form of, such securities, derivatives, or contracts; (4) engage in proprietary trading, as provided by section 13, or any rule or regulation under that section; (5) own, sponsor, or invest in a hedge fund, or private equity fund, or any other fund, as provided by section 13, or any rule or regulation under that section, or any other fund which exhibits the characteristics of a fund that takes on proprietary trading activities or positions; (6) hold ineligible securities or derivatives; (7) engage in market-making; or (8) engage in prime brokerage activities. . (g) Anti-Evasion (1) In general Any attempt to structure any contract, investment, instrument, or product in such a manner that the purpose or effect of such contract, investment, instrument, or product is to evade or attempt to evade the prohibitions described in section 18(s)(6) of the Federal Deposit Insurance Act, section 21(c) of the Banking Act of 1933, paragraph (Seventh) of section 24 of the Revised Statutes of the United States, section 5(c)(1) of the Home Owners’ Loan Act, or section 4(a) of the Bank Holding Company Act of 1956, as added or amended by this section, shall be considered a violation of the Federal Deposit Insurance Act, the Banking Act of 1933, section 24 of the Revised Statutes of the United States, the Home Owners’ Loan Act, and the Bank Holding Company Act of 1956, respectively. (2) Termination (A) In general Notwithstanding any other provision of law, if a Federal agency has reasonable cause to believe that an insured depository institution, securities entity, swaps entity, insurance company, bank holding company, or other entity over which that agency has regulatory authority has made an investment or engaged in an activity in a manner that functions as an evasion of the prohibitions described in paragraph (1) (including through an abuse of any permitted activity) or otherwise violates such prohibitions, the agency shall— (i) order, after due notice and opportunity for hearing, the entity to terminate the activity and, as relevant, dispose of the investment; (ii) order, after the procedures described in clause (i), the entity to pay a penalty equal to 10 percent of the entity’s net profits, averaged over the previous 3 years, into the United States Treasury; and (iii) initiate proceedings described in 12 U.S.C. 1818(e) for individuals involved in evading the prohibitions described in paragraph (1). (B) Construction Nothing in this paragraph shall be construed to limit the inherent authority of any Federal agency or State regulatory authority to further restrict any investments or activities under otherwise applicable provisions of law. (3) Reporting requirement Each year, each Federal agency having regulatory authority over any entity described in paragraph (2)(A) shall issue a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives, and shall make such report available to the public. The report shall identify the number and character of any activities that took place in the preceding year that function as an evasion of the prohibitions described in paragraph (1), the names of the particular entities engaged in those activities, and the actions of the agency taken under paragraph (2). (h) Attestation Section 4 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843 ), as amended by section 3(a)(1) of this Act, is amended by adding at the end the following: (k) Attestation Executives of any bank holding company or its affiliate shall attest in writing, under penalty of perjury, that the bank holding company or affiliate is not engaged in any activity that is prohibited under subsection (a), except to the extent that such activity is permitted under subsection (c). . 4. Repeal of Gramm-Leach-Bliley Act provisions (a) Termination of financial holding company designation (1) In general Section 4 of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843 ) is amended by striking subsections (k), (l), (m), (n), and (o). (2) Transition (A) Orderly termination of existing affiliation In the case of a bank holding company which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with any entity that was permissible for a financial holding company on the day before the date of enactment of this Act, any affiliation, ownership or control, or activity by the bank holding company which is not permitted for a bank holding company shall be terminated as soon as is practicable, and in no event later than the end of the 5-year period beginning on the date of enactment of this Act. (B) Early termination The Board of Governors of the Federal Reserve System (in this section referred to as the Board ), after opportunity for hearing, at any time, may terminate an affiliation prohibited by subparagraph (A) before the end of the 5-year period described in subparagraph (A), if the Board determines that such action— (i) is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices; and (ii) is in the public interest. (C) Extension Subject to a determination under subparagraph (B), the Board may extend the 5-year period described in subparagraph (A), as to any particular bank holding company, for not more than an additional 6 months at a time, if— (i) the Board certifies that such extension would promote the public interest and would not pose a significant risk to the stability of the banking system or financial markets of the United States; and (ii) such extension, in the aggregate, does not exceed 1 year for any one bank holding company. (D) Requirements for entities receiving an extension Upon receipt of an extension under subparagraph (C), the bank holding company shall notify its shareholders and the general public that it has failed to comply with the requirements of subparagraph (A). (3) Technical and conforming amendments (A) Bank holding company act of 1956 The Bank Holding Company Act of 1956 ( 12 U.S.C. 1841 et seq. ) is amended— (i) in section 2 ( 12 U.S.C. 1841 )— (I) by striking subsection (p); and (II) by redesignating subsection (q) as subsection (p); (ii) in section 5(c) ( 12 U.S.C. 1844(c) ), by striking paragraphs (3), (4), and (5); and (iii) in section 5 ( 12 U.S.C. 1844 ), by striking subsection (g). (4) FDIA The Federal Deposit Insurance Act ( 12 U.S.C. 1811 et seq. ) is amended— (A) by striking sections 45 and 46 ( 12 U.S.C. 1831v , 1831w); and (B) by redesignating sections 47 through 50 as sections 45 through 48, respectively. (5) Gramm-leach-bliley Subtitle B of title I of the Gramm-Leach-Bliley Act is amended by striking section 115 ( 12 U.S.C. 1820a ). (b) Financial subsidiaries of national banks disallowed (1) In general Section 5136A of the Revised Statutes of the United States ( 12 U.S.C. 24a ) is repealed. (2) Transition (A) Orderly termination of existing affiliation In the case of a national bank which, pursuant to the amendment made by paragraph (1), is no longer authorized to control or be affiliated with a financial subsidiary as of the date of enactment of this Act, such affiliation, ownership or control, or activity shall be terminated as soon as is practicable, and in no event later than the end of the 5-year period beginning on the date of enactment of this Act. (B) Early termination The Comptroller of the Currency (in this section referred to as the Comptroller ), after opportunity for hearing, at any time, may terminate an affiliation prohibited by subparagraph (A) before the end of the 5-year period described in subparagraph (A), if the Comptroller determines, having due regard for the purposes of this Act, that— (i) such action is necessary to prevent undue concentration of resources, decreased or unfair competition, conflicts of interest, or unsound banking practices; and (ii) is in the public interest. (C) Extension Subject to a determination under subparagraph (B), the Comptroller may extend the 5-year period described in subparagraph (A) as to any particular national bank for not more than an additional 6 months, if— (i) the Comptroller certifies that such extension would promote the public interest and would not pose a significant risk to the stability of the banking system or financial markets of the United States; and (ii) such extension, in the aggregate, does not exceed 1 year for any single national bank. (D) Requirements for entities receiving an extension Upon receipt of an extension under subparagraph (C), the national bank shall notify its shareholders and the general public that it has failed to comply with the requirements described in subparagraph (A). (3) Technical and conforming amendment The 20th undesignated paragraph of section 9 of the Federal Reserve Act ( 12 U.S.C. 335 ) is amended by striking the last sentence. (4) Clerical amendment The table of sections for chapter one of title LXII of the Revised Statutes of the United States is amended by striking the item relating to section 5136A. (c) Repeal of provision relating to foreign banks filing as financial holding companies Section 8(c) of the International Banking Act of 1978 ( 12 U.S.C. 3106(c) ) is amended by striking paragraph (3). 5. Repeal of bankruptcy provisions Title 11, United States Code, is amended by striking sections 555, 559, 560, 561, and 562. | https://www.govinfo.gov/content/pkg/BILLS-113hr3711ih/xml/BILLS-113hr3711ih.xml |
113-hr-3712 | I 113th CONGRESS 1st Session H. R. 3712 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Ms. DeLauro (for herself, Ms. Wilson of Florida , Ms. Moore , Mr. Carson of Indiana , Ms. Brown of Florida , Mr. Langevin , Ms. Eshoo , Ms. Lee of California , Mr. Moran , Ms. McCollum , Ms. Schakowsky , Mr. Swalwell of California , Mr. George Miller of California , Ms. Fudge , Mr. Blumenauer , Mr. Deutch , Mr. Cárdenas , Mr. Johnson of Georgia , Mr. Lewis , Ms. Roybal-Allard , Ms. Shea-Porter , Mr. Payne , Mr. Huffman , Mrs. Carolyn B. Maloney of New York , Ms. Norton , Ms. Jackson Lee , Mr. Rangel , Ms. Edwards , Mr. Brady of Pennsylvania , Mrs. Lowey , Mr. McGovern , Mr. Hastings of Florida , Mr. Barber , Ms. Castor of Florida , Ms. Lofgren , Mr. Pallone , Ms. Meng , Mr. Takano , Mr. Polis , and Ms. Matsui ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide paid family and medical leave benefits to certain individuals, and for other purposes.
1. Short title This Act may be cited as the Family and Medical Insurance Leave Act of 2013 . 2. Findings and purpose (a) Findings Congress finds the following: (1) In nearly two-thirds of families with children, all adults in the household work. Three in four caregivers have worked at a paying job at some point during their caregiving experience. Without paid family and medical leave, many workers are unable to take time away from work to care for newborn children, ill or aging parents and relatives, or themselves. (2) Both women and men need to be able to take time off work to participate in early care of their children, in the care of seriously ill family members, and to address their own serious health conditions. Yet, a mere 12 percent of workers in the United States have access to paid family leave through their employers, and fewer than 40 percent have access to short-term disability insurance provided by their employer to use for their own illnesses. (3) Many workers cannot afford to take unpaid time off work to provide care. According to the Department of Labor, nearly half of workers who qualified for leave under the Family and Medical Leave Act of 1993 (FMLA) in 2011 were unable to take the leave because they could not afford to take time off without pay. Six in ten workers who took partially paid or unpaid leave reported difficulty making ends meet; half of these workers were forced to cut their leaves short due to financial constraints. (4) Only 12 percent of all workers had access to paid family leave in 2012 and it was available to only 4 percent of individuals working in the lowest paying jobs. Workers who lack paid family leave face lost wages or even job loss when they miss work because of their own illness or to care for an ill child or parent. In this way, access to paid leave plays a critical role in families’ efforts to maintain employment and economic security. (5) Caregiving has a high value but also comes at a high cost for family caregivers. The estimated value of unpaid family care provided in 2009 was $450 billion. Caregivers face financial, physical and emotional hardships, and in many cases their careers, incomes, and retirement security suffer because of their family responsibilities. Working caregivers should not have to risk their family’s economic security to fulfill their caregiving obligations. The average worker age 50 and older who leaves the workforce to care for an elderly parent loses more than $300,000 in earnings and retirement income. (6) The population over age 65 is expected to double within the next few decades. The number of people with chronic conditions is expected to reach 157 million by 2020. Many of these individuals will at some point require family care, and for older workers still in the workforce, many will need time off at some point to address serious health conditions. (7) Ensuring working family caregivers have paid family leave to care for ailing elders could drive down Medicare costs by decreasing recurrences of ailments and re-admittance into hospitals. (8) Many workers are forced to quickly return to work after the birth or arrival of a child because they have no access to paid family and medical leave. Only half of new mothers take paid leave of any duration after the birth of their first child, and among women with less than a high school education the figure is less than 20 percent—a rate that has not changed in half a century. (9) When new mothers have no choice but to return to work without taking leave, children can experience a variety of negative outcomes including higher rates of infant mortality, lower rates of breastfeeding, lower rates of immunization, and a higher incidence of maternal physical and mental health concerns. California’s paid family leave insurance program has increased the number of weeks of leave that women take after childbirth, with larger effects among women in jobs that do not provide paid leave. (10) A nationwide paid family leave program would address the persistent sex discrimination in the utilization of leave benefits and reduce the disparity between women and men regarding who takes time off from work to fulfill caregiving duties. This disparity is driven in part by the fact that men continue to earn more than women, and, as a result, it often makes more economic sense for women in two-parent families to take unpaid leave and forgo their lower salary. (11) Many men would like to be more involved in caregiving and report greater work-family conflict than ever before. In California, men’s use of the State’s paid family leave insurance program to care for a new child has doubled since the program’s implementation. (12) Paid family and medical leave promotes families’ financial security and independence, increases worker retention, and promotes savings for taxpayers. Women who take paid leave after a child’s birth are more likely to be in the labor force in the 9 to 12 months after a child’s birth and to earn higher wages in the year following their child’s birth. Both men and women who take paid leave after a child’s birth are less likely to receive food stamps and public assistance in the year following a child’s birth. (13) Without paid medical leave, workers who are ill or injured may return to work before being fully recovered, thus making them susceptible to a relapse or recurrence, and potentially placing additional burdens on the health care system. When a job requires physical stamina or ability, individuals who return to work too early may put themselves or others in jeopardy. (14) A social insurance model of providing paid family leave pioneered by the states of California and New Jersey has worked well for workers, their families, and employers. Between 2004 and 2012, Californians took more than 1.4 million leaves to care for a family member or bond with a new child. Between 2009 and 2012, more than 100,000 New Jersey workers filed eligible claims for family leave. The overwhelming majority of California employers report that the program had a positive or neutral effect on their business. Researchers conclude that some employers experienced cost savings by coordinating their own benefits with those offered through the State paid family leave program. (15) Employers and employees benefit when workers have access to paid leave. Social Security is one of the Nation’s primary social insurance systems and it provides retirement assistance and disability benefits. When Social Security was created in 1934, most families had a stay at home caregiver. That is no longer the case. For the first time in the Nation’s history, half of all workers in the United States are women. The system needs to be changed to reflect the realities of today’s workforce and provide workers with income when they need leave from work due to the birth of a child or a serious health condition. (16) When workers can care for themselves and their loved ones, employers experience positive impacts. More than four times as many worksites covered by FMLA reported positive effects on employee productivity, absenteeism, turnover, career advancement and morale, as well as the business’ profitability as reported negative effects in the Department of Labor’s 2012 survey on the FMLA. (b) Purpose It is the purpose of this Act— (1) to help working families, including single working parents and dual-earner families, afford to take time away from work to provide care for a family member and be good workers; (2) to provide workers with a reasonable level of wage replacement during time away from work for a serious health condition, for the birth or adoption of a child, for the care of a child, spouse, or parent who has a serious health condition, for the care of an injured servicemember, or for qualifying exigencies arising from the deployment of a servicemember; (3) to address sex discrimination, promote the goal of equal employment opportunity for women and men, and to provide relief when employers violate the law; and (4) to accomplish the purposes described in paragraphs (1), (2), and (3) in a manner that accommodates the legitimate interests of employers. 3. Definitions In this Act, the following definitions apply: (1) Caregiving day The term caregiving day means, with respect to an individual, a calendar day in which the individual engaged in qualified caregiving. (2) Commissioner The term Commissioner means the Commissioner of Social Security. (3) Deputy Commissioner The term Deputy Commissioner means the Deputy Commissioner who heads the Office of Paid Family and Medical Leave established under section 4(a). (4) Eligible individual The term eligible individual means an individual who is entitled to a benefit under section 5 for a particular month, upon filing an application for such benefit for such month. (5) Initial waiting period The term initial waiting period means a period beginning with the first caregiving day of an individual occurring during the individual’s benefit period and ending after the earlier of— (A) the fifth caregiving day of the individual occurring during the benefit period; or (B) the month preceding the first month in the benefit period during which occur not less than 15 caregiving days of the individual. (6) Qualified caregiving The term qualified caregiving means any activity engaged in by an individual, other than regular employment, for a reason for which an eligible employee would be entitled to leave under subparagraphs (A) through (E) of paragraph (1) of section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) ). (7) Self-employment income The term self-employment income has the same meaning as such term in section 211(b) of such Act ( 42 U.S.C. 411(b) ). (8) State The term State means any State of the United States or the District of Columbia or any Territory or possession of the United States. (9) Wages The term wages , except as such term is used in subsection (i)(2) of section 5, has the same meaning as such term in section 209 of the Social Security Act ( 42 U.S.C. 409 ). (10) 60- day limitation period The term 60-day limitation period means a period— (A) beginning with the first caregiving day of an individual occurring during the individual’s benefit period and after the expiration of the individual’s 5-day waiting period, if applicable; and (B) ending with the 60th caregiving day of the individual occurring during the benefit period and after the expiration of the 5-day waiting period, disregarding any caregiving day of the individual occurring during any month in the benefit period after the first 20 caregiving days of the individual occurring during such month. 4. Office of Paid Family and Medical Leave (a) Establishment of Office There is established within the Social Security Administration an office to be known as the Office of Paid Family and Medical Leave. The Office shall be headed by a Deputy Commissioner who shall be appointed by the Commissioner. (b) Responsibilities of Deputy Commissioner The Commissioner, acting through the Deputy Commissioner, shall be responsible for— (1) hiring personnel and making employment decisions with regard to such personnel; (2) issuing such regulations as may be necessary to carry out the purposes of this Act; (3) entering into cooperative agreements with other agencies and departments to ensure the efficiency of the administration of the program; (4) determining eligibility for family and medical leave insurance benefits under section 5; (5) determining benefit amounts for each month of such eligibility and making timely payments of such benefits to entitled individuals in accordance with such section; (6) establishing and maintaining a system of records relating to the administration of such section; (7) preventing fraud and abuse relating to such benefits; (8) providing information on request regarding eligibility requirements, the claims process, benefit amounts, maximum benefits payable, notice requirements, non-discrimination rights, confidentiality, coordination of leave under this Act and other laws, collective bargaining agreements, and employer policies; (9) annually providing employers a notice informing employees of the availability of such benefits; (10) annually making available to the public a report that includes the number of individuals who received such benefits, the purposes for which such benefits were received, and an analysis of utilization rates of such benefits by gender, race, ethnicity, and income levels; and (11) tailoring culturally and linguistically competent education and outreach toward increasing utilization rates of benefits under such section. (c) Availability of data The Commissioner shall make available to the Deputy Commissioner such data as the Commissioner determines necessary to enable the Deputy Commissioner to effectively carry out the responsibilities described in subsection (b). 5. Family and Medical Leave Insurance benefit payments (a) In general Every individual who— (1) is insured for disability insurance benefits (as determined under section 223(c) of the Social Security Act ( 42 U.S.C. 423(c) )) at the time such individual’s application is filed; (2) has earned income from employment during the 12 months prior to the month in which the application is filed; (3) has filed an application for a family and medical leave insurance benefit in accordance with subsection (d); and (4) was engaged in qualified caregiving, or anticipates being so engaged, during the period that begins 90 days before the date on which such application is filed or within 30 days after such date, shall be entitled to such a benefit for each month in the benefit period specified in subsection (c), not to exceed 60 caregiving days per benefit period. (b) Benefit amount (1) In general Except as otherwise provided in this subsection, the benefit amount to which an individual is entitled under this section for a month shall be an amount equal to the greater of— (A) the lesser of 1/18 of the wages and self-employment income of the individual for the calendar year in which such wages and self-employment income are the highest among the most recent three calendar years, or the maximum benefit amount determined under paragraph (2); or (B) the minimum benefit amount determined under paragraph (2), multiplied by the quotient (not greater than 1) obtained by dividing the number of caregiving days of the individual in such month by 20. (2) Annual increase of maximum and minimum benefit amounts (A) For individuals who initially become eligible for family and medical leave insurance benefits in the first full calendar year after the date of enactment of this Act, the maximum monthly benefit amount and the minimum monthly benefit amount shall be $4,000 and $580, respectively. (B) For individuals who initially become eligible for family and medical leave insurance benefits in any calendar year after such first full calendar year the maximum benefit amount and the minimum benefit amount shall be, respectively, the product of the corresponding amount determined with respect to the first calendar year under subparagraph (A) and the quotient obtained by dividing— (i) the national average wage index (as defined in section 209(k)(1) of the Social Security Act ( 42 U.S.C. 409(k)(1) )) for the second calendar year preceding the first calendar year for which the determination is made, by (ii) the national average wage index (as so defined) for 2013. (3) Limitations on benefits paid (A) Nonpayable waiting period Any calendar day during an individual’s benefit period which occurs before the expiration of an initial waiting period shall not be taken into account under this subsection as a caregiving day of the individual. (B) Limitation on total benefits paid Any calendar day during an individual’s benefit period which occurs after the expiration of a 60-day limitation period shall not be taken into account under this subsection as a caregiving day of the individual. (4) Reduction in benefit amount on account of receipt of certain benefits A benefit under this section for a month shall be reduced by the amount, if any, in certain benefits (as determined under regulations issued by the Commissioner) as may be otherwise received by an individual. For purposes of the preceding sentence, certain benefits include— (A) periodic benefits on account of such individual’s total or partial disability under a workmen’s compensation law or plan of the United States or a State; and (B) periodic benefits on account of an individual’s employment status under an unemployment law or plan of the United States or a State. (5) Coordination of benefit amount with certain state benefits A benefit received under this section shall be coordinated, in a manner determined by regulations issued by the Commissioner, with the periodic benefits received from temporary disability insurance or family leave insurance programs under any law or plan of a State, a political subdivision (as that term is used in section 218(b)(2) of the Social Security Act ( 42 U.S.C. 418(b)(2) )), or an instrumentality of 2 or more States (as that term is used in section 218(g) of such Act of the Social Security Act ( 42 U.S.C. 418(g) )). (c) Benefit period (1) In general Except as provided in paragraph (2), the benefit period specified in this subsection shall begin on the 1st day of the 1st month in which the individual meets the criteria specified in paragraphs (1), (2), and (3) of subsection (a), and shall end on the date that is 365 days after the 1st day of the benefit period. (2) Retroactive benefits In the case of an application for benefits under this section for qualified caregiving in which the individual was engaged at any time during the 90-day period preceding the date on which such application is submitted, the benefit period specified in this subsection shall begin on the later of— (A) the 1st day of the 1st month in which the individual engaged in such qualified caregiving; or (B) the 1st day of the 1st month that begins during such 90-day period, and shall end on the date that is 365 days after the 1st day of the benefit period. (d) Application An application for a family and medical leave insurance benefit shall include— (1) a statement that the individual was engaged in qualified caregiving, or anticipates being so engaged, during the period that begins 90 days before the date on which the application is submitted or within 30 days after such date; (2) if the qualified caregiving described in the statement in paragraph (1) is engaged in by the individual because of a serious health condition of the individual or a relative of the individual, a certification, issued by the health care provider treating such serious health condition, that affirms the information specified in paragraph (1) and contains such information as the Commissioner shall specify in regulations, which shall be no more than the information that is required to be stated under section 103(b) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2613(b) ); (3) if such qualified caregiving is engaged in by the individual for any other authorized reason, a certification, issued by a relevant authority determined under regulations issued by the Commissioner, that affirms the circumstances giving rise to such reason; and (4) an attestation from the applicant that his or her employer has been provided with written notice of the individual’s intention to take family or medical leave, if the individual has an employer, or to the Commissioner in all other cases. (f) Ineligibility; disqualification (1) Ineligibility for benefit An individual shall be ineligible for a benefit under this section for any month for which the individual is entitled to— (A) disability insurance benefits under section 223 of the Social Security Act ( 42 U.S.C. 423 ) or a similar permanent disability program under any law or plan of a State or political subdivision or instrumentality of a State (as such terms are used in section 218 of the Social Security Act ( 42 U.S.C. 418 )); (B) monthly insurance benefits under section 202 of such Act ( 42 U.S.C. 402 ) based on such individual's disability (as defined in section 223(d) of such Act ( 42 U.S.C. 423(d) )); or (C) benefits under title XVI of such Act ( 42 U.S.C. 1381 et seq. ) based on such individual’s status as a disabled individual (as determined under section 1614 of such Act ( 42 U.S.C. 1382c )). (2) Disqualification An individual who has been convicted of a violation under section 208 of the Social Security Act ( 42 U.S.C. 408 ) or who has been found to have used false statement to secure benefits under this section, shall be ineligible for benefits under this section for a 1-year period following the date of such conviction. (g) Review of eligibility and benefit payment determinations (1) Eligibility determinations (A) In general The Commissioner shall provide notice to an individual applying for benefits under this section of the initial determination of eligibility for such benefits, and the estimated benefit amount for a month in which one caregiving day of the individual occurs, as soon as practicable after the application is received. (B) Review An individual may request review of an initial adverse determination with respect to such application at any time before the end of the 20-day period that begins on the date notice of such determination is received, except that such 20-day period may be extended for good cause. As soon as practicable after the individual requests review of the determination, the Commissioner shall provide notice to the individual of a final determination of eligibility for benefits under this section. (2) Benefit payment determinations (A) In general The Commissioner shall make any monthly benefit payment to an individual claiming benefits for a month under this section, or provide notice of the reason such payment will not be made if the Commissioner determines that the individual is not entitled to payment for such month, not later than 20 days after the individual’s monthly benefit claim report for such month is received. Such monthly report shall be filed with the Commissioner not later than 15 days after the end of each month. (B) Review If the Commissioner determines that payment will not be made to an individual for a month, or if the Commissioner determines that payment shall be made based on a number of caregiving days in the month inconsistent with the number of caregiving days in the monthly benefit claim report of the individual for such month, the individual may request review of such determination at any time before the end of the 20-day period that begins on the date notice of such determination is received, except that such 20-day period may be extended for good cause. Not later than 20 days after the individual requests review of the determination, the Commissioner shall provide notice to the individual of a final determination of payment for such month, and shall make payment to the individual of any additional amount not included in the initial payment to the individual for such month to which the Commissioner determines the individual is entitled. (3) Burden of proof An application for benefits under this section and a monthly benefit claim report of an individual shall each be presumed to be true and accurate, unless the Commissioner demonstrates by a preponderance of the evidence that information contained in the application is false. (4) Definition of monthly benefit claim report For purposes of this subsection, the term monthly benefit claim report means, with respect to an individual for a month, the individual’s report to the Commissioner of the number of caregiving days of the individual in such month, which shall be filed no later than 15 days after the end of each month. (5) Review All final determinations of the Commissioner under this subsection shall be reviewable according to the procedures set out in section 205 of the Social Security Act ( 42 U.S.C. 405 ). (h) Relationship with State law; employer benefits (1) In general This section does not preempt or supercede any provision of State or local law that authorizes a State or local municipality to provide paid family and medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or any employment benefit program or plan that provides greater paid leave or other leave rights to employees than the rights established under this Act. (i) Prohibited Acts; enforcement (1) In general It shall be unlawful for any person to discharge or in any other manner discriminate against an individual because the individual has applied for, indicated an intent to apply for, or received family and medical leave insurance benefits. (2) Civil Action by an individual (A) Liability Any person who violates paragraph (1) shall be liable to any individual employed by such person who is affected by the violation— (i) for damages equal to the sum of— (I) the amount of— (aa) any wages, salary, employment benefits, or other compensation denied or lost to such individual by reason of the violation; or (bb) in a case in which wages, salary, employment benefits, or other compensation have not been denied or lost to the individual, any actual monetary losses sustained by the individual as a direct result of the violation, such as the cost of providing care, up to a sum equal to 60 calendar days of wages or salary for the individual; (II) the interest on the amount described in subclause (I) calculated at the prevailing rate; and (III) an additional amount as liquidated damages equal to the sum of the amount described in subclause (I) and the interest described in subclause (II), except that if a person who has violated paragraph (1) proves to the satisfaction of the court that the act or omission which violated paragraph (1) was in good faith and that the person had reasonable grounds for believing that the act or omission was not a violation of paragraph (1), such court may, in the discretion of the court, reduce the amount of the liability to the amount and interest determined under subclauses (I) and (II), respectively; and (ii) for such equitable relief as may be appropriate, including employment, reinstatement, and promotion. (B) Right of action An action to recover the damages or equitable relief prescribed in subparagraph (A) may be maintained against any person in any Federal or State court of competent jurisdiction by any individual for and on behalf of— (i) the individual; or (ii) the individual and other individuals similarly situated. (C) Fees and costs The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow a reasonable attorney's fee, reasonable expert witness fees, and other costs of the action to be paid by the defendant. (D) Limitations The right provided by subparagraph (B) to bring an action by or on behalf of any individual shall terminate— (i) on the filing of a complaint by the Commissioner in an action under paragraph (5) in which restraint is sought of any further delay in the payment of the amount described in subparagraph (A)(I) to such individual by the person responsible under subparagraph (A) for the payment; or (ii) on the filing of a complaint by the Commissioner in an action under paragraph (3) in which a recovery is sought of the damages described in subparagraph (A)(I) owing to an individual by a person liable under subparagraph (A), unless the action described in clause (I) or (ii) is dismissed without prejudice on motion of the Commissioner. (3) Action by the Commissioner (A) Civil action The Commissioner may bring an action in any court of competent jurisdiction to recover the damages described in paragraph (2)(A)(I). (B) Sums recovered Any sums recovered by the Commissioner pursuant to subparagraph (A) shall be held in a special deposit account and shall be paid, on order of the Commissioner, directly to each individual affected. Any such sums not paid to an individual because of inability to do so within a period of 3 years shall be deposited into the Federal Family and Medical Leave Insurance Trust Fund. (4) Limitation (A) In general An action may be brought under this subsection not later than 3 years after the date of the last event constituting the alleged violation for which the action is brought. (B) Commencement An action brought by the Commissioner under this subsection shall be considered to be commenced on the date when the complaint is filed. (5) Action for Injunction by Commissioner The district courts of the United States shall have jurisdiction, for cause shown, in an action brought by the Commissioner— (A) to restrain violations of paragraph (1), including the restraint of any withholding of payment of wages, salary, employment benefits, or other compensation, plus interest, found by the court to be due to an individual; or (B) to award such other equitable relief as may be appropriate, including employment, reinstatement, and promotion. (j) Special rule for railroad employees For purposes of subsection (a)(1), an individual shall be deemed to be insured for disability insurance benefits if the individual would be so insured if the individual’s service as an employee (as defined in the section 1(b) of the Railroad Retirement Act of 1974) after December 31, 1936, were included within the meaning of the term employment for purposes of title II of the Social Security Act ( 42 U.S.C. 401 et seq. ). (k) Determination of whether an activity constitutes qualified caregiving (1) In general For purposes of determining whether an activity engaged in by an individual constitutes qualified caregiving under this section— (A) the term spouse (as used in section 102(a) of the Family and Medical Leave Act ( 29 U.S.C. 2612(a) )) includes the individual’s domestic partner; and (B) the term son or daughter (as used in such section) includes a son or daughter (as defined in section 101 of such Act) of the individual’s domestic partner. (2) Domestic partner (A) In general For purposes of paragraph (1), the term domestic partner , with respect to an individual, means another individual with whom the individual is in a committed relationship. (B) Committed relationship defined The term committed relationship means a relationship between two individuals (each at least 18 years of age) in which each individual is the other individual’s sole domestic partner and both individuals share responsibility for a significant measure of each other’s common welfare. The term includes any such relationship between two individuals, including individuals of the same sex, that is granted legal recognition by a State or political subdivision of a State as a marriage or analogous relationship, including a civil union or domestic partnership. (l) Applicability of certain Social Security Act provisions The provisions of sections 204, 205, 206, and 208 of the Social Security Act shall apply to benefit payments authorized by and paid out pursuant to this section in the same way that such provisions apply to benefit payments authorized by and paid out pursuant to title II of such Act. (m) Effective date for applications Applications described in this section may be filed beginning 18 months after the date of enactment of this Act. 6. Establishment of Family and Medical Leave Insurance Trust Fund (a) In general There is hereby created on the books of the Treasury of the United States a trust fund to be known as the Federal Family and Medical Leave Insurance Trust Fund . The Federal Family and Medical Leave Insurance Trust Fund shall consist of such gifts and bequests as may be made as provided in section 201(i)(1) of the Social Security Act ( 42 U.S.C. 401(i)(1) ) and such amounts as may be appropriated to, or deposited in, the Federal Family and Medical Leave Insurance Trust Fund as provided in this section. (b) Authorization of Appropriations (1) In general There is authorized to be appropriated to the Federal Family and Medical Leave Insurance Trust Fund out of moneys in the Treasury not otherwise appropriated— (A) for the first three fiscal years beginning after the date of enactment of this Act, such sums as may be necessary for the Commissioner to administer the office established under section 4 and pay the benefits under section 5; (B) 100 percent of the taxes imposed by sections 3101(c) and 3111(c) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sections to such wages; (C) 100 percent of the taxes imposed by section 1401(c) of such Code with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section to such self-employment income; and (D) 100 percent of the taxes imposed by sections 3201(c), 3211(c), and 3221(c) of such Code with respect to compensation (as defined in section 3231 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sections to such compensation. (2) Repayment of initial appropriation Amounts appropriated pursuant to subparagraph (A) of paragraph (1) shall be repaid to the Treasury of the United States not later than 10 years after the first appropriation is made pursuant to such subparagraph. (3) Transfer to Trust Fund The amounts described in paragraph (2) shall be transferred from time to time from the general fund in the Treasury to the Federal Family and Medical Leave Insurance Trust Fund, such amounts to be determined on the basis of estimates by the Secretary of the Treasury of the taxes, specified in such paragraph, paid to or deposited into the Treasury. Proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were inconsistent with the taxes specified in such paragraph. (c) Management of Trust Fund The provisions of subsections (c), (d), (e), (f), (i), and (m) of section 201 of the Social Security Act ( 42 U.S.C. 401 ) shall apply with respect to the Federal Family and Medical Leave Insurance Trust Fund in the same manner as such provisions apply to the Federal Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund. (d) Benefits paid from Trust Fund Benefit payments required to be made under section 5 shall be made only from the Federal Family and Medical Leave Insurance Trust Fund. (e) Administration There are authorized to be made available for expenditure, out of the Federal Family and Medical Leave Insurance Trust Fund, such sums as may be necessary to pay the costs of the administration of section 5, including start-up costs, technical assistance, outreach, education, evaluation, and reporting. (f) Prohibition No funds from the Social Security Trust Fund or appropriated to the Social Security Administration to administer Social Security programs may be used for Federal Family and Medical Leave Insurance benefits or administration set forth under this Act. 7. Internal Revenue Code provisions (a) In general (1) Employee contribution Section 3101 of the Internal Revenue Code of 1986 is amended— (A) by redesignating subsection (c) as subsection (d), and (B) by inserting after subsection (b) the following: (c) Family and medical leave insurance (1) In general In addition to other taxes, there is hereby imposed on the income of every individual a tax equal to the applicable percentage of the wages (as defined in section 3121(a)) received by the individual with respect to employment (as defined in section 3121(b)). (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of wages received in any calendar year. . (2) Employer contribution Section 3111 of such Code is amended— (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and (B) by inserting after subsection (b) the following: (c) Family and medical leave insurance (1) In general In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the wages (as defined in section 3121(a)) paid by the employer with respect to employment (as defined in section 3121(b)). (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of wages paid in any calendar year. . (3) Self-employment income contribution (A) In general Section 1401 of such Code is amended— (i) by redesignating subsection (c) as subsection (d), and (ii) by inserting after subsection (b) the following: (c) Family and medical leave insurance (1) In general In addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every individual, a tax equal to the applicable percentage of the amount of the self-employment income for such taxable year. (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means 0.4 percent in the case of self-employment income in any taxable year. . (B) Exclusion of certain net earnings from self-employment Section 1402(b)(1) of such Code is amended by striking tax imposed by section 1401(a) and inserting taxes imposed by subsections (a) and (c) of section 1401 . (b) Railroad Retirement Tax Act (1) Employee contribution Section 3201 of such Code is amended— (A) by redesignating subsection (c) as subsection (d), and (B) by inserting after subsection (b) the following: (c) Family and Medical Leave insurance (1) In general In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the applicable percentage of the compensation received during any calendar year by such employee for services rendered by such employee. (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of compensation received in any calendar year. . (2) employee representative contribution Section 3211 of such Code is amended— (A) by redesignating subsection (c) as subsection (d), and (B) by inserting after subsection (b) the following: (c) Family and Medical Leave insurance (1) In general In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to the applicable percentage of the compensation received during any calendar year by such employee representative for services rendered by such employee representative. (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of compensation received in any calendar year. . (3) Employer contribution Section 3221 of such Code is amended— (A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and (B) by inserting after subsection (b) the following: (c) Family and Medical Leave insurance (1) In general In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the applicable percentage of the compensation paid during any calendar year by such employer for services rendered to such employer. (2) Applicable percentage For purposes of paragraph (1), the term applicable percentage means 0.2 percent in the case of compensation paid in any calendar year. . (c) Effective date The amendments made by subsections (a) and (b) shall take effect 120 days after the date of enactment of this Act. 8. Regulations The Commissioner, in consultation with the Secretary of Labor, shall prescribe regulations necessary to carry out this Act. In developing such regulations, the Commissioner shall consider the input from a volunteer advisory body comprised of not more than 15 individuals, including experts in the relevant subject matter and officials charged with implementing State paid family and medical leave insurance programs. The Commissioner shall take such programs into account when proposing regulations. Such individuals shall be appointed as follows: (1) Five individuals to be appointed by the President. (2) Three individuals to be appointed by the majority leader of the Senate. (3) Two individuals to be appointed by the minority leader of the Senate. (4) Three individuals to be appointed by the Speaker of the House of Representatives. (5) Two individuals to be appointed by the minority leader of the House of Representatives. 9. GAO Study Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on family and medical leave insurance benefits paid under section 5 for any month during the 1-year period beginning on January 1, 2015. The report shall include the following: (1) An identification of the total number of applications for such benefits filed for any month during such 1-year period, and the average number of days occurring in the period beginning on the date on which such an application is received and ending on the date on which the initial determination of eligibility with respect to the application is made. (2) An identification of the total number of requests for review of an initial adverse determination of eligibility for such benefits made during such 1-year period, and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made. (3) An identification of the total number of monthly benefit claim reports for such benefits filed during such 1-year period, and the average number of days occurring in the period beginning on the date on which such a claim report is received and ending on the date on which the initial determination of eligibility with respect to the claim report is made. (4) An identification of the total number of requests for review of an initial adverse determination relating to a monthly benefit claim report for such benefits made during such 1-year period, and the average number of days occurring in the period beginning on the date on which such review is requested and ending on the date on which the final determination of eligibility with respect to such review is made. (5) An identification of any excessive delay in any of the periods described in paragraphs (1) through (4), and a description of the causes for such delay. 10. Conforming amendments (a) Internal Revenue Code amendments Section 6413(c) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (1)— (A) by inserting , section 3101(c), after by section 3101(a) ; and (B) by striking both and inserting each ; and (2) in paragraph (2)— (A) in subparagraph (B)— (i) by inserting or 3101(c) after 3101(a) each place it appears; and (ii) by inserting or 235 after 218 each place it appears; and (B) in subparagraph (C), by inserting or 3101(c) after 3101(a) each place it appears. (b) Railroad Retirement Act of 1974 amendment Section 15(a) of the Railroad Retirement Act of 1974 ( 45 U.S.C. 231n(a) ) is amended by inserting (other than sections 3201(c), 3211(c), and 3221(c)) before the period at the end. | https://www.govinfo.gov/content/pkg/BILLS-113hr3712ih/xml/BILLS-113hr3712ih.xml |
113-hr-3713 | I 113th CONGRESS 1st Session H. R. 3713 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Jeffries (for himself and Mr. Poe of Texas ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Trademark Act of 1946 to provide for the registration of marks consisting of a flag, coat of arms, or other official insignia of the United States or of any State or local government, and for other purposes.
1. Registration of certain marks of the United States and State and local governments Section 2(b) of the Act entitled An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes , approved July 6, 1946 (commonly referred to as the Trademark Act of 1946 ; 15 U.S.C. 1052(b) ) is amended by inserting after simulation thereof the following: , except that this subsection shall not prevent the United States, or any State, municipality, county, political subdivision, or other governmental authority in the United States, from obtaining registration under this Act of any mark that consists of or comprises its own flag, coat of arms, or other official insignia . | https://www.govinfo.gov/content/pkg/BILLS-113hr3713ih/xml/BILLS-113hr3713ih.xml |
113-hr-3714 | I 113th CONGRESS 1st Session H. R. 3714 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Cartwright (for himself, Mr. Farenthold , Mr. Holt , Mr. Grimm , Mr. Rahall , and Mr. Bishop of Georgia ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Armed Services , the Judiciary , and Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for a prescription drug take-back program for members of the Armed Forces and veterans, and for other purposes.
1. Short title This Act may be cited as the Servicemembers and Veterans Prescription Drug Safety Act of 2013 . 2. Prescription drug take-back program for members of the Armed Forces and their dependents (a) Definitions In this section: (1) Covered beneficiary The term covered beneficiary has the meaning given that term in section 1072 of title 10, United States Code. (2) Covered controlled substance The term covered controlled substance means a controlled substance that is listed in schedule II, III, IV, or V of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (3) Dependent The term dependent has the meaning given that term in section 1072 of title 10, United States Code. (4) Eligible person The term eligible person means— (A) a member of the Armed Forces; (B) an individual who is receiving or is entitled to receive retired or retainer pay under chapter 71 of title 10, United States Code; (C) a dependent of a member of the Armed Forces, if that dependent is a covered beneficiary in receipt of health care services under chapter 55 of title 10, United States Code; and (D) any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (C) who dies while lawfully in possession of a covered controlled substance for personal use. (5) Program The term program means the program established under subsection (b)(1). (6) Secretary The term Secretary means the Secretary of Defense. (b) Program required (1) In general The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act ( 21 U.S.C. 822(g) ), under which an eligible person who has lawfully obtained a covered controlled substance in accordance with such Act may deliver the covered controlled substance to be disposed of at a facility and by a person specified under paragraph (2). (2) Delivery of controlled substances Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act ( 21 U.S.C. 822(g)(1) ) that a person receiving a controlled substance be authorized to receive the controlled substance under such Act, the Secretary and the Attorney General shall jointly specify the facilities and persons to which covered controlled substances may be delivered under the program. (c) Prevention of abuse In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program. (d) Administration of program (1) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program. (2) Implementation Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program. 3. Prescription drug take-back program for veterans and their dependents (a) Definitions In this section: (1) Covered controlled substance The term covered controlled substance means a controlled substance that is listed in schedule II, III, IV, or V of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (2) Eligible person The term eligible person means— (A) a veteran; (B) the spouse of a veteran, if the spouse is in receipt of medical services under laws administered by the Secretary; (C) a dependent of a veteran, if the dependent is in receipt of medical services under laws administered by the Secretary; (D) a person described in section 2(a)(4) who is in receipt of medical services at a facility of the Department of Veterans Affairs; and (E) any person lawfully entitled to dispose of the property of a person described in subparagraphs (A) through (D) who dies while lawfully in possession of a covered controlled substance for personal use. (3) Program The term program means the program established under subsection (b)(1). (4) Secretary The term Secretary means the Secretary of Veterans Affairs. (5) Veteran The term veteran has the meaning given that term in section 101 of title 38, United States Code. (b) Program required (1) In general The Secretary and the Attorney General shall jointly carry out a program, which shall, except as provided in paragraph (2), be carried out in accordance with section 302(g) of the Controlled Substances Act ( 21 U.S.C. 822(g) ), under which an eligible person who has lawfully obtained a covered controlled substance in accordance with such Act may deliver the covered controlled substance to be disposed of at a facility and by a person specified under paragraph (2). (2) Delivery of controlled substances Notwithstanding the requirement under section 302(g)(1) of the Controlled Substances Act ( 21 U.S.C. 822(g)(1) ) that a person receiving a controlled substance be authorized to receive the controlled substance under such Act, the Secretary and the Attorney General shall jointly specify the facilities and persons to which covered controlled substances may be delivered under the program. (c) Prevention of abuse In implementing the program, the Secretary and the Attorney General shall jointly develop appropriate guidelines and procedures to prevent the diversion, misuse, theft, or loss of controlled substances delivered under the program. (d) Administration of program (1) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary and the Attorney General shall jointly prescribe regulations to carry out the program. (2) Implementation Not later than 1 year after the date on which the Secretary and the Attorney General jointly prescribe regulations under paragraph (1), the Secretary shall fully implement the program. | https://www.govinfo.gov/content/pkg/BILLS-113hr3714ih/xml/BILLS-113hr3714ih.xml |
113-hr-3715 | I 113th CONGRESS 1st Session H. R. 3715 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Ellison (for himself and Mr. Rohrabacher ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To reduce prescription drug costs by allowing the importation and reimportation of certain drugs.
1. Short title This Act may be cited as the Personal Drug Importation Fairness Act of 2013 . 2. Reducing prescription drug costs by allowing certain drugs to be imported or reimported (a) In general Notwithstanding any provision of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), a drug may be imported into the United States, and may be reimported into the United States by a person other than the drug’s manufacturer, if the drug— (1) has the same active ingredients, route of administration, and strength as a prescription drug approved under chapter V of such Act ( 21 U.S.C. 351 et seq. ); (2) may be lawfully marketed in, and is imported or reimported from, a qualified country; (3) is dispensed by a licensed pharmacist; (4) is shipped directly to, or is imported by, the ultimate consumer from the qualified country; (5) is shipped or imported in quantities that do not exceed a 90-day supply; and (6) is accompanied by a copy of a valid prescription. (b) Definitions In this Act: (1) The term drug has the meaning given to such term in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ), except that such term excludes any controlled substance (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )). (2) The term prescription drug means a drug subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 353(b)(1) ). (3) The term qualified country means a country that— (A) is Australia, Canada, Israel, Japan, New Zealand, Switzerland, South Africa, a member-state of the European Union, or a country in the European Economic Area; and (B) is determined by the Commissioner of Food and Drugs to have standards for ensuring the safety and effectiveness of drugs that are at least as protective as such standards in the United States. | https://www.govinfo.gov/content/pkg/BILLS-113hr3715ih/xml/BILLS-113hr3715ih.xml |
113-hr-3716 | I 113th CONGRESS 1st Session H. R. 3716 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources A BILL To ratify a water settlement agreement affecting the Pyramid Lake Paiute Tribe, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Pyramid Lake Paiute Tribe - Fish Springs Ranch Settlement Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Ratification of agreement. Sec. 4. Waiver and releases of claims. Sec. 5. Satisfaction of claims. Sec. 6. Beneficiaries to agreement. Sec. 7. Jurisdiction. Sec. 8. Environmental compliance. Sec. 9. Miscellaneous provisions. 2. Definitions In this Act: (1) Original agreement The term Original Agreement means the Pyramid Lake Paiute Tribe Fish Springs Ranch Settlement Agreement dated May 30, 2007, entered into by the Tribe and Fish Springs (including all exhibits to that agreement). (2) Agreement The term Agreement means the Pyramid Lake Paiute Tribe-Fish Springs Ranch 2013 Supplement to the 2007 Settlement Agreement dated November 20, 2013, entered into by the Tribe and Fish Springs, and all exhibits to that Agreement. (3) Environmental impact statement The term environmental impact statement means the final environmental impact statement for the North Valleys Rights-of-Way Projects prepared by the Bureau of Land Management (70 Fed. Reg. 68473). (4) Final payment date The term final payment date means 30 days after the date on which the Tribe executes the waivers, as authorized in section 4, on or before which Fish Springs shall pay to the Tribe the $3,600,000 and accumulated interest pursuant to subparagraph 4.2 of the Agreement. (5) Fish springs The term Fish Springs means the Fish Springs Ranch, LLC, a Nevada limited liability company (or a successor in interest). (6) Fish springs water rights The term Fish Springs water rights means the 14,108 acre feet of water available to Fish Springs pursuant to certificates of water rights issued to Fish Springs or its predecessors in interest by the State Engineer for the State of Nevada, copies of which are attached as Exhibit G to the Original Agreement. (7) Additional fish springs water rights The term additional Fish Springs water rights means the rights to pump and transfer up to 5,000 acre feet per year of Fish Springs water rights in excess of 8,000 acre feet per year, up to a total of 13,000 acre feet per year, pursuant to Ruling No. 3787 signed by the State Engineer for the State of Nevada on March 1, 1991, and Supplemental Ruling on Remand No. 3787A signed by the State Engineer for the State of Nevada on October 9, 1992. (8) Honey lake valley basin The term Honey Lake Valley Basin means the Honey Lake Valley Hydrographic Basin described as Nevada Hydrographic Water Basin 97. (9) Project The term Project means the project for pumping within Honey Lake Valley Basin and transfer outside of the basin by Fish Springs of not more than 13,000 acre feet per year of Fish Springs water rights, including— (A) not more than 8,000 acre feet as described in the environmental impact statement (but not the Intermountain Water Supply, Ltd., Project described in the environmental impact statement) and the record of decision; (B) up to the 5,000 acre feet of additional Fish Springs water rights; and (C) the rights and approvals for Fish Springs to pump and transfer up to said 13,000 acre feet of groundwater per year. (10) Record of decision The term record of decision means the public record of the decision of the District Manager of the United States Bureau of Land Management’s Carson City District in the State of Nevada issued on May 31, 2006, regarding the environmental impact statement and the Project. (11) Secretary The term Secretary means the Secretary of the Interior (or a designee of the Secretary). (12) Tribe The term Tribe means the Pyramid Lake Paiute Tribe of Indians organized under section 16 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ; 25 U.S.C. 476 ). (13) Truckee river operating agreement The term Truckee River Operating Agreement means— (A) the September 6, 2008, Truckee River Operating Agreement negotiated for the purpose of carrying out the terms of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act ( Public Law 101–618 ); and (B) any final, signed version of the Truckee River Operating Agreement that becomes effective under the terms of the Truckee-Carson-Pyramid Lake Water Rights Settlement Act. 3. Ratification of agreement (a) In general Except to the extent that a provision of the Agreement conflicts with this Act, the Agreement is authorized and ratified. (b) Waiver and retention of claims Notwithstanding any provision of the Agreement, any waiver or retention of a claim by the Tribe relating to the Agreement shall be carried out in accordance with section 4. (c) Compliance with applicable law This section, the Original Agreement, and the Agreement satisfy all applicable requirements of section 2116 of the Revised Statutes ( 25 U.S.C. 177 ). 4. Waiver and releases of claims (a) Waiver and release of claims by tribe against fish springs In return for benefits to the Tribe as set forth in the Original Agreement, the Agreement, and this Act, the Tribe, on behalf of itself and the members of the Tribe, is authorized to execute a waiver and release against Fish Springs of the following: (1) All rights under Federal, State, and other law to challenge the validity, characteristics, or exercise of the Project or use of Fish Springs water rights (including additional Fish Springs water rights), including the right to assert a senior priority against or to place a call for water on the Project or Fish Springs water rights (including additional Fish Springs water rights) regardless of the extent to which the Tribe has a water right or in the future establishes a water right that is senior to the Project or Fish Springs water rights (including additional Fish Springs water rights). (2) All claims for damages, losses, or injuries to the Tribe’s water rights or claims of interference with, diversion of, or taking of the Tribe’s water rights, including— (A) claims for injury to lands or resources resulting from such damages, losses, injuries, or interference with, diversion of, or taking of tribal water rights under the Agreement or Original Agreement; and (B) claims relating to the quality of water underlying the Pyramid Lake Indian Reservation that are related to use of Fish Springs water rights (including additional Fish Springs water rights) by the Project or the implementation or operation of the Project in accordance with the Agreement or Original Agreement. (3) All claims that would impair, prevent, or interfere with one or more of the following: (A) Implementation of the Project pursuant to the terms of the Agreement or Original Agreement. (B) Deliveries of water by the Project pursuant to the terms of— (i) the Agreement; (ii) the Original Agreement; or (iii) the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs. (C) Assignments of water rights credits pursuant to the terms of the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs. (4) All claims against Fish Springs relating in any manner to the negotiation or adoption of the Agreement or the Original Agreement. (b) Reservation of rights and retention of claims by tribe against fish springs The Tribe, on its own behalf and on behalf of the members of the Tribe, shall retain against Fish Springs the following: (1) All claims for enforcement of the Agreement, the Original Agreement or this Act through such remedies as are available in the U.S. District Court for the District of Nevada. (2) Subject to the right of Fish Springs to carry out the Project, and subject to the waiver and release by the Tribe in subsection (a)— (A) the right to assert and protect any right of the Tribe to surface or groundwater and any other trust resource, including the right to assert a senior priority against or to place a call for water on any water right other than against the Project or Fish Springs water rights; (B) all rights to establish, claim or acquire a water right in accordance with applicable law and to use and protect any water right acquired after the date of the enactment of this Act that is not in conflict with the Agreement, the Original Agreement or this Act; and (C) all other rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to this Act and the Agreement. (3) The right to enforce— (A) the Tribe’s rights against any party to the Truckee River Operating Agreement; (B) the Tribe’s rights against any party to the Truckee River Water Quality Settlement Agreement; and (C) whatever rights exist to seek compliance with any permit issued to any wastewater treatment or reclamation facility treating wastewater generated by users of Project water. (4) The right to seek to have enforced the terms of any permit or right-of-way across Federal lands issued to Fish Springs for the Project and Project water. (c) Waiver and release of claims by the tribe against the united states In return for the benefits to the Tribe as set forth in the Agreement, the Original Agreement, and this Act, the Tribe, on behalf of itself and the members of the Tribe, is authorized to execute a waiver and release of all claims against the United States, including the agencies and employees of the United States, related to the Project and Fish Springs water rights (including additional Fish Springs water rights) that accrued at any time before and on the date that Fish Springs makes the payment to the Tribe as provided in Paragraph 4 of the Agreement for damages, losses or injuries that are related to— (1) the Project, Fish Springs water rights (including additional Fish Springs water rights), and the implementation, operation, or approval of the Project, including claims related to— (A) loss of water, water rights, land, or natural resources due to loss of water or water rights (including damages, losses, or injuries to hunting, fishing, and gathering rights due to loss of water, water rights or subordination of water rights) resulting from the Project or Fish Springs water rights (including additional Fish Springs water rights); (B) interference with, diversion, or taking of water resulting from the Project; or (C) failure to protect, acquire, replace, or develop water, water rights, or water infrastructure as a result of the Project or Fish Springs water rights (including additional Fish Springs water rights); (2) the record of decision, the environmental impact statement, the Agreement or the Original Agreement; (3) claims the United States, acting as trustee for the Tribe or otherwise, asserted, or could have asserted in any past proceeding related to the Project; (4) the negotiation, execution, or adoption of the Agreement, the Original Agreement, or this Act; (5) the Tribe’s use and expenditure of funds paid to the Tribe under the Agreement or the Original Agreement; (6) the Tribe’s acquisition and use of land under the Original Agreement; and (7) the extinguishment of claims, if any, and satisfaction of the obligations of the United States on behalf of the Tribe as set forth in subsection (e). (d) Reservation of rights and retention of claims by tribe against the united states Notwithstanding the waivers and releases authorized in this Act, the Tribe, on behalf of itself and the members of the Tribe, shall retain against the United States the following: (1) All claims for enforcement of this Act through such legal and equitable remedies as are available in the U.S. District Court for the District of Nevada. (2) The right to seek to have enforced the terms of any permit or right-of-way across Federal lands issued to Fish Springs for the Project and Project water. (3) Subject to the right of Fish Springs to carry out the Project, all other rights, remedies, privileges, immunities, powers, and claims not specifically waived and released pursuant to this Act and the Agreement. (e) Extinguishment of waived and released claims Upon execution of the waiver and releases by the Tribe pursuant to subsections (a) and (c) and upon final payment by Fish Springs pursuant to the terms of the Agreement, the United States acting on behalf of the Tribe shall have no right or obligation to bring or assert any claims waived and released by the Tribe as set forth in subsection (a). Upon the effective date of the waivers and releases of claims authorized, the waived and released claims as set forth in subsection (a) are extinguished. (f) No united states liability for waived claims The United States shall bear no liability for claims waived and released by the Tribe pursuant to this Act. (g) United states reservation of rights Nothing in this Act shall affect any rights, remedies, privileges, immunities, or powers of the United States, including the right to enforce the terms of the right-of-way across Federal lands for the Project granted by the Secretary to Fish Springs pursuant to the Federal Lands Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), with the exception that the United States may not assert any claim on the Tribe’s behalf that is extinguished pursuant to subsection (e). (h) Effective date of waivers and releases of claims The waivers and releases authorized under subsections (a) and (c) shall take effect on the day Fish Springs makes the payment to the Tribe as provided in subparagraph 4.2 of the Agreement. 5. Satisfaction of claims (a) In general The benefits provided to the Tribe under the Agreement, the Original Agreement, and this Act shall be considered to be full satisfaction of all claims of the Tribe waived and released pursuant to section 4 and pursuant to the Original Agreement and any claims the United States might make on behalf of the Tribe that are extinguished pursuant to section 4. (b) Effect of failure To execute waivers and releases If the Tribe fails to execute the waivers and releases as authorized by this Act within 60 days after the date of the enactment of this Act, this Act and the Agreement shall be null and void. 6. Beneficiaries to agreement (a) Requirement The beneficiaries to the Agreement shall be limited to— (1) the parties to the Agreement; (2) any municipal water purveyor that provides Project water for wholesale or retail water service to the area serviced by the Project; (3) any water purveyor that obtains the right to use Project water for purposes other than serving retail or wholesale customers; and (4) any assignee of Water Rights Credits for Project water pursuant to the terms of the February 28, 2006, Water Banking Trust Agreement between Washoe County and Fish Springs. (b) Prohibition Except as provided in subsection (a), nothing in the Agreement or this Act provides to any individual or entity third-party beneficiary status relating to the Agreement. 7. Jurisdiction Jurisdiction over any civil action relating to the enforcement of the Agreement, the Original Agreement, or this Act shall be vested in the United States District Court for the District of Nevada. 8. Environmental compliance Nothing in this Act precludes the United States or the Tribe, when delegated regulatory authority, from enforcing Federal environmental laws, including— (1) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) including claims for damages for harm to natural resources; (2) the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (3) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); (4) the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ); and (5) any regulation implementing one or more of the Acts listed in paragraphs (1) through (4). 9. Miscellaneous provisions (a) No establishment of standard Nothing in this Act establishes a standard for the quantification of a Federal reserved water right or any other claim of an Indian tribe other than the Tribe in any other judicial or administrative proceeding. (b) Other claims Nothing in the Agreement, the Original Agreement, or this Act quantifies or otherwise adversely affects any water right, claim, or entitlement to water, or any other right of any Indian tribe, band, or community other than the Tribe. | https://www.govinfo.gov/content/pkg/BILLS-113hr3716ih/xml/BILLS-113hr3716ih.xml |
113-hr-3717 | I 113th CONGRESS 1st Session H. R. 3717 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Murphy of Pennsylvania (for himself, Mr. Cassidy , Mr. Lance , and Ms. Eddie Bernice Johnson of Texas ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on the Judiciary , Education and the Workforce , Ways and Means , and Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To make available needed psychiatric, psychological, and supportive services for individuals diagnosed with mental illness and families in mental health crisis, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Helping Families in Mental Health Crisis Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Assistant Secretary for Mental Health Sec. 101. Assistant Secretary for Mental Health and Substance Use Disorders. Sec. 102. Interagency Serious Mental Illness Coordinating Committee. Sec. 103. Assisted outpatient treatment grant program. Sec. 104. Tele-psychiatry and primary care physician training grant program. Title II—Federally Qualified Behavioral Health Clinics Sec. 201. Demonstration program to improve federally qualified community behavioral health clinic services. Title III—HIPAA and FERPA caregivers Sec. 301. Promoting appropriate treatment for mentally ill individuals by treating their caregivers as personal representatives for purposes of HIPAA privacy regulations. Sec. 302. Caregivers permitted access to certain education records under FERPA. Title IV—Department of Justice reforms Sec. 401. Additional purposes for certain Federal grants. Sec. 402. Reauthorization and additional amendments to the Mentally Ill Offender Treatment and Crime Reduction Act. Sec. 403. Assisted outpatient treatment. Sec. 404. Improvements to the Department of Justice data collection and reporting of mental illness in crime. Sec. 405. Reports on the number of seriously mentally ill who are imprisoned. Title V—Medicare and Medicaid reforms Sec. 501. Enhanced Medicaid coverage relating to certain mental health services. Sec. 502. Access to mental health prescription drugs under Medicare and Medicaid. Title VI—Research by National Institute of Mental Health Sec. 601. Increase in funding for certain research. Title VII—Community Mental Health Services Block Grant Reform Sec. 701. Administration of block grants by Assistant Secretary. Sec. 702. Additional program requirements. Sec. 703. Period for expenditure of grant funds. Sec. 704. Treatment standard under State law. Sec. 705. Assisted outpatient treatment under State law. Sec. 706. Best available science and models of care. Sec. 707. Paperwork reduction study. Title VIII—Behavioral health awareness program Sec. 801. Reducing the stigma of serious mental illness. Title IX—Behavioral health information technology Sec. 901. Extension of health information technology assistance for behavioral and mental health and substance abuse. Sec. 902. Extension of eligibility for Medicare and Medicaid health information technology implementation assistance. Title X—Expanding access to care through health care professional volunteerism Sec. 1001. Liability protections for health care professional volunteers at community health centers and federally qualified community behavioral health clinics. Title XI—SAMHSA Reauthorization and Reforms Subtitle A—Organization and general authorities Sec. 1101. In general. Sec. 1102. Advisory councils. Sec. 1103. Peer review. Sec. 1104. Data collection. Subtitle B—Center for Mental Health Services Sec. 1111. Center for Mental Health Services. Sec. 1112. Reauthorization of priority mental health needs of regional and national significance. Sec. 1113. Garrett Lee Smith Reauthorization. Subtitle C—Children with serious emotional disturbances Sec. 1121. Comprehensive community mental health services for children with serious emotional disturbances. Sec. 1122. General provisions; report; funding. Subtitle D—Projects for children and violence Sec. 1131. Children and violence. Sec. 1132. Reauthorization of National Child Traumatic Stress Network. Subtitle E—Protection and advocacy for individuals with mental illness Sec. 1141. Prohibition against lobbying by systems accepting Federal funds to protect and advocate the rights of individuals with mental illness. Subtitle F—Limitations on authority Sec. 1151. Limitations on SAMHSA programs. Sec. 1152. Elimination of unauthorized SAMHSA programs. I Assistant Secretary for Mental Health 101. Assistant Secretary for Mental Health and Substance Use Disorders Title V of the Public Health Service Act is amended by inserting after section 501 of such Act ( 42 U.S.C. 290aa ) the following: 501A. Assistant Secretary for Mental Health and Substance Use Disorders (a) In general There shall be in the Department of Health and Human Services an official to be known as the Assistant Secretary for Mental Health and Substance Use Disorders (in this section referred to as the Assistant Secretary ), who shall— (1) report directly to the Secretary; (2) be appointed by the Secretary, by and with the advice and consent of the Senate; and (3) be selected from among individuals who— (A) (i) have a doctoral degree in medicine or osteopathic medicine and clinical and research experience in psychiatry; (ii) graduated from an Accreditation Council for Graduate Medical Education-certified psychiatric residency program; and (iii) have an understanding of biological, psychosocial, and pharmaceutical treatments of mental illness; or (B) have a doctoral degree in psychology with— (i) clinical and research experience; and (ii) an understanding of biological, psychosocial, and pharmaceutical treatments of mental illness. (b) Relation to SAMHSA Administrator The Administrator of the Substance Abuse and Mental Health Services Administration shall be under the supervision and direction of the Assistant Secretary. (c) Duties The Assistant Secretary shall— (1) promote the coordination of service programs conducted by other departments, agencies, organizations, and individuals that are or may be related to the problems of individuals suffering from substance abuse and mental illness; (2) carry out any functions within the Department of Health and Human Services— (A) to improve the treatment of, and related services to, individuals with respect to substance abuse and mental illness; (B) to improve prevention services for such individuals; and (C) to protect the legal rights of individuals with mental illnesses and individuals who are substance abusers; (3) carry out the administrative and financial management, policy development and planning, evaluation, knowledge dissemination, and public information functions that are required for the implementation of mental health programs, including block grants, treatments, and data collection; (4) ensure that the Substance Abuse and Mental Health Services Administration conducts and coordinates demonstration projects, evaluations, and service system assessments and other activities necessary to improve the availability and quality of treatment, prevention, and related services related to substance abuse; (5) within the Department of Health and Human Services, oversee and coordinate all programs and activities relating to the prevention of, or treatment or rehabilitation for, mental health or substance use disorders; (6) across the Federal Government— (A) review programs and activities described in paragraph (5); (B) identify any such programs and activities that are duplicative; and (C) formulate recommendations for the coordination and improvement of such programs and activities; and (7) supervise data collection for and disseminate best practices by the National Mental Health Policy Laboratory. (d) Prioritization of integration of services and early diagnosis and intervention In carrying out the duties described in subsection (c), the Assistant Secretary shall prioritize— (1) the integration of services for the purpose of preventing, treating, or providing rehabilitation for the prevention of, and treatment or rehabilitation for, mental health or substance use disorders with primary care services; and (2) early diagnosis and intervention services for the prevention of, and treatment or rehabilitation for, serious mental health or substance use disorders. (e) National mental health policy laboratory (1) In general The Assistant Secretary for Mental Health and Substance Use Disorders shall establish, within the Office of the Assistant Secretary, the National Mental Health Policy Laboratory (in this section referred to as the NMHPL ), to be headed by a Director. (2) Duties The Director of the NMHPL shall— (A) identify and implement policy changes and other trends likely to have the most significant impact on mental health services and monitor their impact in accordance with the principles outlined in National Advisory Mental Health Council’s 2006 report entitled The Road Ahead: Research Partnerships To Transform Services ; (B) collect information from grantees under programs established or amended by the Helping Families in Mental Health Crisis Act of 2013 and under other mental health programs under this Act, including grantees that are federally qualified community behavioral health clinics certified under section 201 of the Helping Families in Mental Health Crisis Act of 2013 and States receiving funds under a block grant under part B of title XIX of this Act; and (C) evaluate and disseminate to such grantees evidence-based practices and services delivery models using the best available science shown to reduce program expenditures while enhancing the quality of care furnished to individuals by other such grantees. (3) Evidence-based practices and service delivery models In selecting evidence-based practices and services delivery models for evaluation and dissemination under paragraph (2)(C), the Director of the NMHPL— (A) shall give preference to models that improve the coordination, quality, and efficiency of health care services furnished to individuals with serious mental illness; and (B) may include clinical protocols and practices used in the Recovery After Initial Schizophrenia Episode (RAISE) project and the North American Prodrome Longitudinal Study (NAPLS) of the National Institute of Mental Health. (4) Deadline for beginning implementation The Director of the NMHPL shall begin implementation of the duties described in this subsection not later than January 1, 2016. (5) Consultation In carrying out the duties under this section, the Director of the NMHPL shall consult with— (A) representatives of the National Institute of Mental Health on organization, hiring decisions, and operations, initially and on an ongoing basis; (B) other appropriate Federal agencies; and (C) clinical and analytical experts with expertise in medicine, psychiatric and clinical psychological care, and health care management. (6) Evaluation (A) In general The Director of the NMHPL shall conduct an evaluation of grant programs described in paragraph (2)(B). Such evaluation shall include an analysis of— (i) the quality of care furnished under the respective services delivery model, including the measurement of patient-level outcomes and public health outcomes such as reduced mortality rates, reduced hospitalization from psychotic episodes, and other criteria determined by the Assistant Secretary; and (ii) the changes in spending under such programs by reason of the model. (B) Information The Assistant Secretary shall make the results of each evaluation under this paragraph available to the public in a timely fashion and may establish requirements for States and other entities participating in the testing of models under grant programs described in paragraph (2)(B) to collect information that the Assistant Secretary determines is necessary to monitor and evaluate such models. (f) Expansion of models (1) In general Taking into account the results of evaluations under subsection (e), the Assistant Secretary may, by rule, as part of the program of block grants for community mental health services under subpart I of part B of title XIX, provide for expanded use across the Nation of service delivery models by providers funded under such block grants, so long as— (A) the Assistant Secretary determines that such expansion will— (i) reduce spending under such block grants without reducing the quality of care; or (ii) improve the quality of patient care without significantly increasing spending; and (B) the Director of the National Institute of Mental Health determines that such expansion would improve the quality of patient care. (2) Congressional review Any rule promulgated pursuant to paragraph (1) is deemed to be a major rule subject to congressional review and disapproval under chapter 8 of title 5, United States Code. (g) Reports to Congress Not later than 1 year after the date of enactment of this Act, and every 2 years thereafter, the Assistant Secretary shall submit a report to the Congress— (1) summarizing the activities of the Assistant Secretary; (2) analyzing the efficiency and effectiveness of Federal programs and activities relating to the prevention of, or treatment or rehabilitation for, mental health or substance use disorders, including an accounting of the costs of such programs and activities with administrative costs disaggregated from the costs of services and care provided; (3) evaluating the impact on public health of projects addressing priority mental health needs of regional and national significance under section 520A to determine— (A) whether each such project has reduced the mortality rate, prevalence, and emergency room visits for persons with serious mental illness; and (B) the effect of such projects on other public health measures; (4) formulating recommendations for the coordination and improvement of Federal programs and activities described in paragraph (2); and (5) identifying any such programs and activities that are duplicative. (h) Funding Of the amounts made available to carry out the block grant for community mental health services for each of fiscal years 2014 through 2019, not more than 5 percent of such amounts are authorized to be appropriated to carry out this section. . 102. Interagency Serious Mental Illness Coordinating Committee Title V of the Public Health Service Act, as amended by section 701, is further amended by inserting after section 501A of such Act the following: 501B. Interagency serious Mental Illness Coordinating Committee (a) Establishment The Assistant Secretary for Mental Health and Substance Use Disorders (in this section referred to as the Assistant Secretary ) shall establish a committee, to be known as the Interagency Serious Mental Illness Coordinating Committee (in this section referred to as the Committee ), to assist the Assistant Secretary in carrying out the Assistant Secretary’s duties. (b) Responsibilities The Committee shall— (1) develop and annually update a summary of advances in serious mental illness research related to causes, prevention, treatment, early screening, diagnosis or rule out, intervention, and access to services and supports for individuals with serious mental illness; (2) monitor Federal activities with respect to serious mental illness; (3) make recommendations to the Assistant Secretary regarding any appropriate changes to such activities, including recommendations to the Director of NIH with respect to the strategic plan developed under paragraph (5); (4) make recommendations to the Assistant Secretary regarding public participation in decisions relating to serious mental illness; (5) develop and annually update a strategic plan for the conduct of, and support for, serious mental illness research, including proposed budgetary requirements; and (6) submit to the Congress such strategic plan and any updates to such plan. (c) Membership (1) In general The Committee shall be composed of— (A) the Assistant Secretary for Mental Health and Substance Use Disorders (or the Assistant Secretary’s designee), who shall serve as the Chair of the Committee; (B) the Director of the National Institute of Mental Health (or the Director’s designee); (C) the Attorney General of the United States (or the Attorney General’s designee); (D) the Director of the Centers for Disease Control and Prevention (or the Director’s designee); (E) the Director of the National Institutes of Health (or the Director’s designee); (F) the directors of such national research institutes of the National Institutes of Health as the Assistant Secretary for Mental Health and Substance Use Disorders determines appropriate (or their designees); (G) representatives, appointed by the Assistant Secretary, of Federal agencies that are outside of the Department of Health and Human Services and serve individuals with serious mental illness, such as the Department of Education; (H) the Administrator of Substance Abuse and Mental Health Services Administration; and (I) the additional members appointed under paragraph (2). (2) Additional members Not fewer than 9 members of the Committee, or 1/3 of the total membership of the Committee, whichever is greater, shall be composed of non-Federal public members to be appointed by the Assistant Secretary, of which— (A) at least one such member shall be an individual with a diagnosis of serious mental illness who has benefitted from and is receiving medical treatment under the care of a physician; (B) at least one such member shall be a parent or legal guardian of an individual with a serious mental illness; (C) at least one such member shall be a representative of leading research, advocacy, and service organizations for individuals with serious mental illness; (D) at least one member shall be a psychiatrist; (E) at least one member shall be a clinical psychologist; (F) at least one member shall be a judge with successful experiences applying assisted outpatient treatment; (G) at least one member shall be a law enforcement officer; and (H) at least one member shall be a corrections officer. (d) Administrative support; terms of service; other provisions The following provisions shall apply with respect to the Committee: (1) The Assistant Secretary shall provide such administrative support to the Committee as may be necessary for the Committee to carry out its responsibilities. (2) Members of the Committee appointed under subsection (c)(2) shall serve for a term of 4 years, and may be reappointed for one or more additional 4-year terms. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the remainder of such term. A member may serve after the expiration of the member’s term until a successor has taken office. (3) The Committee shall meet at the call of the chair or upon the request of the Assistant Secretary. The Committee shall meet not fewer than 2 times each year. (4) All meetings of the Committee shall be public and shall include appropriate time periods for questions and presentations by the public. (e) Subcommittees; establishment and membership In carrying out its functions, the Committee may establish subcommittees and convene workshops and conferences. Such subcommittees shall be composed of Committee members and may hold such meetings as are necessary to enable the subcommittees to carry out their duties. . 103. Assisted outpatient treatment grant program (a) In general The Assistant Secretary for Mental Health and Substance Use Disorders (in this section referred to as the Assistant Secretary ), in consultation with the Director of the National Institute of Mental Health and the Attorney General of the United States, shall establish a 4-year pilot program to award not more than 50 grants each year to counties, cities, mental health systems, mental health courts, and any other entities with authority under the law of a State to implement, monitor, and oversee assisted outpatient treatment programs. The Assistant Secretary may only award grants under this section to applicants that have not previously implemented an assisted outpatient treatment program. The Assistant Secretary shall evaluate applicants based on their potential to reduce hospitalization, homelessness, incarceration, and interaction with the criminal justice system while improving health outcomes, such as adherence to medication usage. (b) Use of grant An assisted outpatient treatment program carried out with a grant awarded under this section shall include— (1) evaluating and seeking out eligible individuals who may benefit from assisted outpatient treatment; (2) preparing and executing treatment plans for eligible patients and filing petitions for assisted outpatient treatment in appropriate courts; (3) providing case management services to eligible patients who are participating in the program to provide such patients with resources, monitoring, and oversight, including directly monitoring a participant’s level of compliance and the delivery of services by other providers pursuant to the court order; and (4) carrying out referrals and medical evaluations, and paying the costs of legal counsel for commitment orders to be submitted and evaluated by the courts. (c) Data collection Grantees under this section shall provide in a timely fashion any data collected pursuant to the grant to the National Mental Health Policy Laboratory, as requested by the Assistant Secretary, concerning health outcomes and treatments. (d) Report The Assistant Secretary shall submit an annual report to the Committees on Energy and Commerce and the Judiciary of the House of Representatives, the Committees on Health, Education, Labor, and Pensions and the Judiciary of the Senate, and the Congressional Budget Office on the grant program under this section. Each such report shall include an evaluation of the following: (1) Cost savings and public health outcomes such as mortality, suicide, substance abuse, hospitalization, and use of services. (2) Rates of incarceration by patients. (3) Rates of employment by patients. (4) Rates of homelessness. (e) Definitions In this section: (1) Assisted outpatient treatment The term assisted outpatient treatment means— (A) except as provided in subparagraph (B), medically prescribed treatment that an eligible patient must undergo while living in a community under the terms of a law authorizing a State or local court to order such treatment; and (B) in the case of a State that does not have a law described in subparagraph (A) in effect on the date of enactment— (i) a court-ordered treatment plan for an eligible patient that requires such patient to obtain outpatient mental health treatment while the patient is living in a community; and (ii) is designed to improve access and adherence by such patient to intensive behavioral health services in order to— (I) avert relapse, repeated hospitalizations, arrest, incarceration, suicide, property destruction, and violent behavior; and (II) provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary hospitalization. (2) Eligible patient The term eligible patient means an adult, mentally ill person who, as determined by the court— (A) has a history of violence, incarceration, or medically unnecessary hospitalizations; (B) without supervision and treatment, may be a danger to self or others in the community; (C) is substantially unlikely to voluntarily participate in treatment; (D) may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety; (E) has a history of mental illness or condition that is likely to substantially deteriorate if the patient is not provided with timely treatment; or (F) due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision. (f) Funding (1) Amount of grants A grant under this section shall be in an amount that is not more than $1,000,000 for each of grant years 2014 through 2017. Subject to the preceding sentence, the Assistant Secretary shall determine the amount of each grant based on the population of patients of the area to be served under the grant. (2) Authorization of appropriations There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2017. 104. Tele-psychiatry and primary care physician training grant program (a) In general The Assistant Secretary of Mental Health and Substance Use Disorders (in this section referred to as the Assistant Secretary ) shall establish a grant program (in this section referred to as the grant program ) under which the Assistant Secretary shall award to 10 eligible States (as described in subsection (e)) grants for carrying out all 3 of the purposes described in subsections (b), (c), and (d). (b) Training program for certain primary care physicians For purposes of subsection (a), the purpose described in this subsection, with respect to a grant awarded to a State under the grant program, is for the State to establish a training program to train primary care physicians in— (1) approved standardized behavioral-health screening tools, including— (A) Ages and Stages Questionnaires (ASQ: SE); (B) Brief Infant-Toddler Social and Emotional Assessment (BITSEA); (C) screening for substance abuse, known as Car, Relax, Alone, Forget, Friends, Trouble, (CRAFFT); (D) screening for autism, known as Modified Checklist for Autism in Toddlers (M–CAT); (E) Parents’ Evaluation of Developmental Status (PEDS); (F) screening for depression, known as Patient Health Questionnaire-9 (PHQ–9); (G) Pediatric Symptom Checklist (PSC) and Pediatric Symptom Checklist-Youth Report (Y–PSC); (H) Strengths and Difficulties Questionnaire (SDQ); and (I) any additional areas that the Assistant Secretary determines applicable; (2) implementing the use of behavioral-health screening tools in their practices; and (3) knowing what to do when a behavioral-health need is identified. (c) Payments for mental health services provided by certain primary care physicians (1) For purposes of subsection (a), the purpose described in this subsection, with respect to a grant awarded to a State under the grant program, is for the State to provide, in accordance with this subsection, in the case of a primary care physician that participates in the training program of the State establish pursuant to subsection (b), payments to the primary care physician for services furnished by the primary care physician. (2) The Assistant Secretary, in determining the structure, quality, and form of payment under paragraph (1) shall seek to find innovative payment systems which may take in to account— (A) quality of services rendered; (B) patients’ health outcome; (C) geographical location of where services were provided; (D) severity of patients’ medical condition; (E) duration of services provided; and (F) feasibility of replicating that payment model in other States nationwide. (d) Telehealth services for mental health disorders (1) In general For purposes of subsection (a), the purpose described in this subsection, with respect to a grant awarded to a State under the grant program, is for the State to provide, in the case of an individual furnished items and services by a primary care physician during an office visit, for payment for a consultation provided by a psychiatrist or psychologist to such physician with respect to such individual through the use of qualified telehealth technology for the identification, diagnosis, mitigation, or treatment of a mental health disorder if such consultation occurs not later than the first business day that follows such visit. (2) Qualified telehealth technology For purposes of subsection (C)(1), the term qualified telehealth technology , with respect to the provision of items and services to a patient by a health care provider— (A) includes the use of interactive audio, audio-only telephone conversation, video, or other telecommunications technology by a health care provider to deliver health care services within the scope of the provider’s practice at a site other than the site where the patient is located, including the use of electronic media for consultation relating to the health care diagnosis or treatment of the patient; and (B) does not include the use of electronic mail message or facsimile transmission. (e) Eligible State (1) In general For purposes of this section, an eligible State is a State that has submitted to the Assistant Secretary an application under paragraph (a) and has been selected under paragraph (3). (2) Application A State seeking to participate in the grant program under this section shall submit to the Assistant Secretary, at such time and in such format as the Assistant Secretary requires, an application that includes such information, provisions, and assurances, as the Assistant Secretary may require. (3) Matching requirement The Assistant Secretary may not make a grant under the grant program unless the State involved agrees, with respect to the costs to be incurred by the State in carrying out the purpose described in this section, to make available non-Federal contributions (in cash or in kind) toward such costs in an amount equal to not less than 20 percent of Federal funds provided in the grant. (4) Selection A State shall be determined eligible for the grant program by the Assistant Secretary on a competitive basis among States with applications meeting the requirements of paragraphs (2) and (3). In selecting State applications for the grant program, the Secretary shall seek to achieve an appropriate national balance in the geographic distribution of grants awarded under the grant program. (f) Length of grant program The grant program established under this section shall be conducted for a period of 3 consecutive years. (g) Authorization of appropriations Out of any funds in the Treasury not otherwise appropriated, there is authorized to be appropriated to carry out this section, $3,000,000 for each of the fiscal years 2015 through 2017. (h) Reports (1) Reports For each fiscal year that grants are awarded under this section, the Assistant Secretary and the National Mental Health Policy Laboratory shall conduct a study on the results of the grants and submit to the Congress a report on such results that includes the following: (A) An evaluation of the grant program outcomes, including a summary of activities carried out with the grant and the results achieved through those activities. (B) Recommendations on how to improve access to mental health services at grantee locations. (C) An assessment of access to mental health services under the program. (D) An assessment of the impact of the demonstration project on the costs of the full range of mental health services (including inpatient, emergency and ambulatory care). (E) Recommendations on congressional action to improve the grant. (2) Report Not later than December 31, 2017, the Assistant Secretary and the National Mental Health Policy Laboratory shall submit to Congress and make available to the public a report on the findings of the evaluation under paragraph (1) and also a policy outline on how Congress can expand the grant program to the national level. II Federally Qualified Behavioral Health Clinics 201. Demonstration program to improve federally qualified community behavioral health clinic services (a) Establishment Not later than January 1, 2016, the Secretary of Health and Human Services (referred to in this section as the Secretary ), in coordination with the Assistant Secretary for Mental Health and Substance Use Disorders, shall award planning grants to not to exceed 10 States to enable such States to carry out 5-year demonstration programs to improve the provision of behavioral health services provided by federally qualified community behavioral health clinics in the State. (b) Eligibility (1) Application To be eligible to receive a grant under subsection (a), a State shall— (A) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; (B) certify to the Secretary that behavioral health providers that are provided assistance under the demonstration program are federally qualified community behavioral health clinics; (C) certify to the Secretary that, with respect to the behavioral health providers provided assistance under the demonstration program, not more than 75 percent of the total number of such providers are participating providers under the State Medicaid plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (D) demonstrate the actuarial soundness of the demonstration program to be carried out under the grant by providing a detailed estimate of eligible clinics and Medicaid expenditures over the entire projected period of the demonstration program; and (E) comply with any other requirement determined appropriate by the Secretary. (2) Waiver of Medicaid requirements In approving States to conduct demonstration programs under this section, the Secretary shall waive such provisions of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) as are necessary to conduct the demonstration program in accordance with the requirements of this section, including section 1902(a)(1) of the Social Security Act ( 42 U.S.C. 1396a(a)(1) ) (relating to statewideness). (c) Requirements In awarding grants under this section, the Secretary shall— (1) ensure the geographic diversity of grantee States; (2) ensure that federally qualified community behavioral health clinics in such States that are located in rural areas, as defined by the Secretary, and other mental health professional shortage areas are fairly and appropriately considered with the objective of facilitating access to mental health services in such areas; (3) take into account the ability of clinics in such States to provide required services, and the ability of such clinics to report required data as required under this section; and (4) take into account the ability of such States to provide such required services on a statewide basis. (d) Treatment of certain services provided by community behavioral health clinics as medical assistance (1) In general For purposes of the demonstration program under this section, community behavioral health clinic services (as defined in subsection (f)(1)) that are provided by federally qualified community behavioral health clinics receiving assistance under this section shall be considered medical assistance for purposes of payments to States under paragraph (3)(C). (2) Grant condition As a condition of receiving a grant under this section, a State shall agree to provide for payment for community behavioral health clinic services in accordance with the prospective payment system established by the Secretary under paragraph (3). (3) Prospective payment system (A) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall establish a prospective payment system for community behavioral health clinic services furnished by a community behavioral health clinic receiving assistance under this section in the same manner as payments are required to be made under section 1902(bb) of the Social Security Act ( 42 U.S.C. 1396a(bb) ) for services described in section 1905(a)(2)(C) of such Act ( 42 U.S.C. 1396d(a)(2)(C) ) furnished by a federally qualified health center and services described in section 1905(a)(2)(B) of such Act ( 42 U.S.C. 1396d(a)(2)(B) ) furnished by a rural health clinic. (B) Requirements The prospective payment system established by the Secretary under subparagraph (A) shall provide that— (i) no payment shall be made for inpatient care, residential treatment, room and board expenses, or any other nonambulatory services, as determined by the Secretary; and (ii) no payment shall be made to satellite facilities of community behavioral health clinics if such facilities are established after the date of enactment of this Act. (C) Payments to states The Secretary shall pay each State awarded a grant under this section an amount each quarter equal to the enhanced FMAP (as defined in section 2105(b) of the Social Security Act ( 42 U.S.C. 1397dd(b) ) but without regard to the second and third sentences of that section) of the State's expenditures in the quarter for medical assistance for community behavioral health clinic services provided by federally qualified community behavioral health clinics in the State that receive assistance under this section. Payments to States made under this subparagraph shall be considered to have been under, and are subject to the requirements of, section 1903 of the Social Security Act ( 42 U.S.C. 1396b ). (e) Annual report (1) In general Not later than 1 year after the date on which the first grants are awarded under this section, and annually thereafter, the Secretary shall submit to Congress an annual report on the use of funds provided under the demonstration program. Each such report shall include— (A) an assessment of access to community-based mental health services under the Medicaid program in the States awarded such grants; (B) an assessment of the quality and scope of services provided by federally qualified community behavioral health clinics under the grants as compared against community-based mental health services provided in States that are not receiving such grants; (C) an assessment of the impact of the demonstration programs on the costs of a full range of mental health services (including inpatient, emergency and ambulatory services); and (D) a peer-reviewed assessment of the public health impact, including but not limited to rates of community mortality, hospitalization, and other measures as determined by the Director of the National Institute of Mental Health. (2) Recommendations Not later than December 31, 2019, the Secretary shall submit to Congress recommendations concerning whether the demonstration programs under this section should be continued and expanded on a national basis. (3) Data collection Grantees shall provide in a timely fashion any such data to the National Mental Health Policy Laboratory, as requested by the Assistant Secretary concerning health outcomes and treatments. (f) Criteria for federally qualified community behavioral health clinics (1) In general The Assistant Secretary for Mental Health and Substance Use Disorders shall certify federally qualified community behavioral health clinics as meeting the criteria specified in this subsection. (2) Criteria The criteria referred to in this subsection are that the clinic performs each of the following: (A) Provide required primary health services (as defined by the Assistant Secretary for Mental Health and Substance Use Disorders). (B) Provide services in locations that ensure services will be available and accessible promptly and in a manner which preserves human dignity and assures continuity of care. (C) Provide services in a mode of service delivery appropriate for the target population. (D) Provide individuals with a choice of service options where there is more than one evidence-based treatment. (E) Employ a core staff that is sufficiently trained in child and adolescent psychiatry or psychology. (F) Employ a core staff that is sufficiently trained in child and adolescent psychiatry, dual diagnosis issues, crisis management and stabilization and interventions with patients at high risk for violence. (G) Provide services, within the limits of the capacities of the center, to any individual residing or employed in the service area of the center, regardless of the ability of the individual to pay. (H) Provide, directly or through contract, to the extent covered for adults in the State Medicaid plan under title XIX of the Social Security Act and for children in accordance with section 1905(r) of such Act regarding early and periodic screening, diagnosis, and treatment, each of the following services: (i) Screening, assessment, and diagnosis, including risk assessment. (ii) Person-centered treatment planning or similar processes, including risk assessment and crisis planning. (iii) Outpatient mental health and substance use services, including screening, assessment, diagnosis, psychotherapy, medication management, and integrated treatment for mental illness and substance abuse which shall be evidence-based (including cognitive behavioral therapy and other such therapies which are evidence-based). (iv) Outpatient clinic primary care screening and monitoring of key health indicators and health risk (including screening for diabetes, hypertension, and cardiovascular disease and monitoring of weight, height, body mass index (BMI), blood pressure, blood glucose or HbA1C, and lipid profile). (v) Crisis mental health services, including 24-hour mobile crisis teams, emergency crisis intervention services, and crisis stabilization. (vi) Targeted case management (services provided by a social worker to assist individuals gaining access to needed medical, social, educational, and other services and applying for income security and other benefits to which they may be entitled). (vii) Psychiatric rehabilitation services including skills training, assertive community treatment, family psychoeducation, disability self-management, supported employment, supported housing services, therapeutic foster care services, and such other evidence-based practices as the Secretary may require. (viii) Peer support and counselor services and family supports. (ix) Supported education and supported employment for individuals with serious mental illness after an initial psychotic episode. (x) Case management services for individuals with serious mental illness after an initial psychotic episode. (I) Use and share electronic health records consistent with other applicable law. (J) Be available to provide assisted outpatient treatment that is ordered by a State court pursuant to a State law described in section 1915(d). (K) Be available to participate in research projects conducted or supported by the National Institute of Mental Health. (L) Maintain linkages, and where possible enter into formal contracts with the following: (i) Federally qualified health centers. (ii) Inpatient psychiatric facilities and substance use detoxification, post-detoxification step-down services, and residential programs. (iii) Adult and youth peer support and counselor services. (iv) Family support services for families of children with serious mental or substance use disorders. (v) Other community or regional services, supports, and providers, including schools, child welfare agencies, juvenile and criminal justice agencies and facilities (including mental health courts, local police forces, and local jails and other detention facilities), housing agencies and programs, employers, and other social services such as schools and religious organizations. (vi) Integrating care with primary care services, including, to the extent feasible, through a common delivery site. (vii) Enabling services, including outreach, transportation, and translation. (viii) Health and wellness services, including services for tobacco cessation. (ix) Adopt models of first episode psychosis training, supervision, team meetings, and coordination with adjacent care organizations. (M) Where feasible, provide outreach and engagement to encourage individuals who could benefit from mental health care to freely participate in receiving the services described in this subsection. (3) Rule of construction Nothing in this section shall be construed as prohibiting States receiving funds appropriated through the Community Mental Health Services Block Grant under this subpart from financing qualified community programs (whether such programs meet the definition of eligible programs prior to or after the date of enactment of this subsection). (g) Definitions In this section: (1) Community behavioral health clinic services The term community behavioral health clinic services means ambulatory behavioral health services of the type described in subparagraphs (I), (L), (M), and (N) of subsection (f)(2) that are provided by federally qualified community behavioral health clinics receiving assistance under this section. (2) State The term State has the meaning given such term for purposes of title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ). (3) Federally qualified community behavioral health clinic The term federally qualified community behavioral health clinic means a federally qualified behavioral health clinic with a certification in effect under this section. (h) Authorization of appropriations In order to fund State planning grants and the administrative costs associated with certifying community behavioral health clinics, there is authorized to be appropriated to carry out this section, $50,000,000 for fiscal year 2016, to remain available until expended. III HIPAA and FERPA caregivers 301. Promoting appropriate treatment for mentally ill individuals by treating their caregivers as personal representatives for purposes of HIPAA privacy regulations (a) Caregiver access to information In applying section 164.502(g) of title 45, Code of Federal Regulations, to an individual with a serious mental illness who does not provide consent for the disclosure of protected health information to a caregiver of such individual, the caregiver shall be treated by a covered entity as a personal representative (as described under such section 164.502(g)) of such individual with respect to protected health information of such individual when the provider furnishing services to the individual reasonably believes it is necessary for protected health information of the individual to be made available to the caregiver in order to protect the health, safety, or welfare of such individual or the safety of one or more other individuals. (b) Definitions For purposes of this section: (1) Covered entity The term covered entity has the meaning given such term in section 106.103 of title 45, Code of Federal Regulations. (2) Protected health information The term protected health information has the meaning given such term in section 106.103 of title 45, Code of Federal Regulations. (3) Caregiver The term caregiver means, with respect to an individual with a serious mental illness— (A) an immediate family member of such individual; (B) an individual who assumes primary responsibility for providing a basic need of such individual; or (C) a personal representative of the individual as determined by the law of the State in which such individual resides. (4) Individual with a serious mental illness The term individual with a serious mental illness means, with respect to the disclosure to a caregiver of protected health information of an individual, an individual who— (A) is 18 years of age or older; and (B) has, within one year before the date of the disclosure, been evaluated, diagnosed, or treated for a mental, behavioral, or emotional disorder that— (i) is determined by a physician to be of sufficient duration to meet diagnostic criteria specified within the Diagnostic and Statistical Manual of Mental Disorders; and (ii) results in functional impairment of the individual that substantially interferes with or limits one or more major life activities of the individual. 302. Caregivers permitted access to certain education records under FERPA Section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ) is amended by adding at the end the following new subsection: (k) Disclosures to caregivers of the mentally ill (1) In general Nothing in this Act, the Elementary and Secondary Education Act of 1965, or the Higher Education Act of 1965 shall be construed to prohibit an educational agency or institution from disclosing, to a caregiver of an individual with a serious mental illness who has not explicitly provided consent to the agency or institution for the disclosure of protected health information, an education record of such individual if a physician, psychologist, or other recognized mental health professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity reasonably believes such disclosure to the caregiver is necessary to protect the health, safety, or welfare of such individual or the safety of one or more other individuals. (2) Definitions In this subsection: (A) Caregiver The term caregiver means, with respect to an individual with a serious mental illness, a family member or immediate past legal guardian who assumes a primary responsibility for providing a basic need of such individual (such as a family member or past legal guardian of the individual who has assumed the responsibility of co-signing a loan with the individual). (B) Education record Notwithstanding subsection (a)(4)(B), the term education record shall include a record described in clause (iv) of such subsection. (C) Individual with a serious mental illness The term individual with a serious mental illness means, with respect to the disclosure to a caregiver of protected health information of an individual, an individual who— (i) is 18 years of age or older; and (ii) has, within one year before the date of the disclosure, been evaluated, diagnosed, or treated for a mental, behavioral, or emotional disorder that— (I) is determined by a physician to be of sufficient duration to meet diagnostic criteria specified within the Diagnostic and Statistical Manual of Mental Disorders; and (II) results in functional impairment of the individual that substantially interferes with or limits one or more major life activities of the individual. . IV Department of Justice reforms 401. Additional purposes for certain Federal grants (a) Modifications to the Edward Byrne Memorial Justice Assistance Grant Program Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3751(a)(1) ) is amended by adding at the end the following: (H) Mental health programs and operations by law enforcement or corrections officers. . (b) Modifications to the Community Oriented Policing Services program Section 1701(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd(b) ) is amended— (1) in paragraph (16), by striking and at the end; (2) by redesignating paragraph (17) as paragraph (19); (3) by inserting after paragraph (16) the following: (17) to provide specialized training to law enforcement officers (including village public safety officers (as defined in section 247 of the Indian Arts and Crafts Amendments Act of 2010 ( 42 U.S.C. 3796dd note))) to recognize individuals who have mental illness and how to properly intervene with individuals with mental illness, and to establish programs that enhance the ability of law enforcement agencies to address the mental health, behavioral, and substance abuse problems of individuals encountered in the line of duty; (18) to provide specialized training to enhance the ability of corrections officers to address the mental health of individuals under the care and custody of jails and prisons; and ; and (4) in paragraph (19), as redesignated, by striking through (16) and inserting through (19) . (c) Modifications to the Staffing for adequate fire and emergency response grants Section 34(a)(1)(B) of Public Law 93–498 ( 15 U.S.C. 2229a(a)(1)(B) ) is amended by inserting before the period at the end the following: and to provide specialized training to paramedics, emergency medical services workers, and other first responders to recognize individuals who have mental illness and how to properly intervene with individuals with mental illness . 402. Reauthorization and additional amendments to the Mentally Ill Offender Treatment and Crime Reduction Act (a) Safe communities (1) In general Section 2991(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(a) ) is amended— (A) in paragraph (7)— (i) in the heading, by striking Mental illness and inserting Mental illness; mental Health disorder ; and (ii) by striking term mental illness means and inserting terms mental illness and mental health disorder mean ; and (B) by striking paragraph (9) and inserting the following: (9) Preliminarily qualified offender (A) In general The term preliminarily qualified offender means an adult or juvenile accused of an offense who— (i) (I) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness or co-occurring mental illness and substance abuse disorders; (II) manifests obvious signs of mental illness or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; or (III) in the case of a veterans treatment court provided under subsection (i), has been diagnosed with, or manifests obvious signs of, mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder; and (ii) has been unanimously approved for participation in a program funded under this section by, when appropriate, the relevant— (I) prosecuting attorney; (II) defense attorney; (III) probation or corrections official; (IV) judge; and (V) a representative from the relevant mental health agency described in subsection (b)(5)(B)(i). (B) Determination In determining whether to designate a defendant as a preliminarily qualified offender, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, and mental health or substance abuse agency representative shall take into account— (i) whether the participation of the defendant in the program would pose a substantial risk of violence to the community; (ii) the criminal history of the defendant and the nature and severity of the offense for which the defendant is charged; (iii) the views of any relevant victims to the offense; (iv) the extent to which the defendant would benefit from participation in the program; (v) the extent to which the community would realize cost savings because of the defendant’s participation in the program; and (vi) whether the defendant satisfies the eligibility criteria for program participation unanimously established by the relevant prosecuting attorney, defense attorney, probation or corrections official, judge and mental health or substance abuse agency representative. . (2) Technical and conforming amendment Section 2927(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797s–6(2) ) is amended— (A) by striking has the meaning given that term in section 2991(a). and inserting the following: means an offense that— ; and (B) by adding at the end the following: (A) does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another; or (B) is not a felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. . (b) Evidence-Based practices Section 2991(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(c) ) is amended— (1) in paragraph (3), by striking or at the end; (2) by redesignating paragraph (4) as paragraph (6); and (3) by inserting after paragraph (3) the following: (4) propose interventions that have been shown by empirical evidence to reduce recidivism; (5) when appropriate, use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services; or . (c) Academy training Section 2991(h) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(h) ) is amended— (1) in paragraph (1), by adding at the end the following: (F) Academy training To provide support for academy curricula, law enforcement officer orientation programs, continuing education training, and other programs that teach law enforcement personnel how to identify and respond to incidents involving persons with mental health disorders or co-occurring mental health and substance abuse disorders. ; and (2) by adding at the end the following: (4) Priority consideration The Attorney General, in awarding grants under this subsection, shall give priority to programs that law enforcement personnel and members of the mental health and substance abuse professions develop and administer cooperatively. . (d) Assisting veterans Section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is further amended— (1) by redesignating subsection (i) as subsection (n); and (2) by inserting after subsection (h) the following: (i) Assisting veterans (1) Definitions In this subsection: (A) Peer to peer services or programs The term peer to peer services or programs means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, stabilization, or rehabilitation. (B) Qualified veteran The term qualified veteran means a preliminarily qualified offender who— (i) has served on active duty in any branch of the Armed Forces, including the National Guard and reserve components; and (ii) was discharged or released from such service under conditions other than dishonorable. (C) Veterans treatment court program The term veterans treatment court program means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies that provides qualified veterans with— (i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate; (ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma; (iii) alternatives to incarceration; and (iv) other appropriate services, including housing, transportation, mentoring, employment, job training, education, and assistance in applying for and obtaining available benefits. (2) Veterans assistance program (A) In general The Attorney General, in consultation with the Secretary of Veterans Affairs, may award grants under this subsection to applicants to establish or expand— (i) veterans treatment court programs; (ii) peer to peer services or programs for qualified veterans; (iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; and (iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans. (B) Priority In awarding grants under this subsection, the Attorney General shall give priority to applications that— (i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies; (ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and (iii) propose interventions with empirical support to improve outcomes for qualified veterans. . (e) Correctional facilities Section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is further amended by inserting after subsection (i), as so added by subsection (d), the following: (j) Correctional facilities (1) Definitions (A) Correctional facility The term correctional facility means a jail, prison, or other detention facility used to house people who have been arrested, detained, held, or convicted by a criminal justice agency or a court. (B) Eligible inmate The term eligible inmate means an individual who— (i) is being held, detained, or incarcerated in a correctional facility; and (ii) manifests obvious signs of a mental illness or has been diagnosed by a qualified mental health professional as having a mental illness. (2) Correctional facility grants The Attorney General may award grants to applicants to enhance the capabilities of a correctional facility— (A) to identify and screen for eligible inmates; (B) to plan and provide— (i) initial and periodic assessments of the clinical, medical, and social needs of inmates; and (ii) appropriate treatment and services that address the mental health and substance abuse needs of inmates; (C) to develop, implement, and enhance— (i) post-release transition plans for eligible inmates that, in a comprehensive manner, coordinate health, housing, medical, employment, and other appropriate services and public benefits; (ii) the availability of mental health care services and substance abuse treatment services; and (iii) alternatives to solitary confinement and segregated housing and mental health screening and treatment for inmates placed in solitary confinement or segregated housing; and (D) to train each employee of the correctional facility to identify and appropriately respond to incidents involving inmates with mental health or co-occurring mental health and substance abuse disorders. . (f) Reauthorization of appropriations Section 2991(n) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as redesignated in subsection (d), is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) $40,000,000 for each of fiscal years 2015 through 2019. ; and (2) by adding at the end the following: (3) Limitation Not more than 20 percent of the funds authorized to be appropriated under this section may be used for purposes described in subsection (i) (relating to veterans). . 403. Assisted outpatient treatment Section 2201(2)(B) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796ii(2)(B) ) is amended by inserting before the semicolon the following: , or court-ordered assisted outpatient treatment (as defined in section 14(a) of the Helping Families in Mental Health Crisis Act of 2013 ) when the court has determined such treatment to be necessary . 404. Improvements to the Department of Justice data collection and reporting of mental illness in crime Notwithstanding any other provision of law, any data prepared by or submitted to the Attorney General or the Director of the Federal Bureau of Investigation on or after the date of enactment of this Act that is 90 days after the date of enactment of this Act with respect to the incidences of homicides, law enforcement officers killed and assaulted, or individuals killed by law enforcement officers shall include data with respect to the involvement of mental illness in such incidences, if any. Not later than 90 days after the date of the enactment of this Act, the Attorney General shall promulgate or revise regulations as necessary to carry out this section. 405. Reports on the number of seriously mentally ill who are imprisoned (a) Report on the Cost of Treating the Mentally Ill in the Criminal Justice System Not later than 12 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report detailing the cost of imprisonment for persons who have serious mental illness by the Federal Government or a State or local government. The report shall calculate the number and type of crimes committed by persons with serious mental illness each year, and detail strategies or ideas for preventing crimes by those individuals with serious mental illness from occurring. (b) Definition For purposes of this section, the Attorney General, in consultation with the Assistant Secretary of Mental Health and Substance Use Disorders shall determine an appropriate definition of serious mental illness based on the Health Care Reform for Americans with Severe Mental Illnesses: Report of the National Advisory Mental Health Council, American Journal of Psychiatry 1993; 150:1447–1465. V Medicare and Medicaid reforms 501. Enhanced Medicaid coverage relating to certain mental health services (a) Medicaid coverage of mental health services and primary care services furnished on the same day (1) In general Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended by inserting after paragraph (77) the following new paragraph: (78) not prohibit payment under the plan for a mental health service or primary care service furnished to an individual at a federally qualified community behavioral health center (as defined in section 1905(l)(4)) or a federally qualified health center (as defined in section 1861(aa)(3)) for which payment would otherwise be payable under the plan, with respect to such individual, if such service were not a same-day qualifying service (as defined in subsection (ll)); . (2) Same-day qualifying services defined Section 1902 of the Social Security Act ( 42 U.S.C. 1396a ) is amended by adding at the end the following new subsection: (ll) Same-Day qualifying services defined For purposes of subsection (a)(78), the term same-day qualifying service means— (1) a primary care service furnished to an individual by a provider at a facility on the same day a mental health service is furnished to such individual by such provider (or another provider) at the facility; and (2) a mental health service furnished to an individual by a provider at a facility on the same day a primary care service is furnished to such individual by such provider (or another provider) at the facility. . (b) State option To provide medical assistance for certain inpatient psychiatric services to nonelderly adults Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (a)(16)— (A) by inserting (A) before effective ; and (B) by inserting before the semicolon at the end the following: (B) qualified inpatient psychiatric hospital services (as defined in subsection (h)(3)) for individuals over 21 years of age and under 65 years of age, and (C) psychiatric residential treatment facility services (as defined in subsection (h)(4)) for individuals over 21 years of age and under 65 years of age ; (2) in the subdivision (B) that follows paragraph (29), by inserting (other than services described in subparagraphs (B) and (C) of paragraph (16) for individuals described in such subparagraphs) after mental diseases ; and (3) in subsection (h), by adding at the end the following new paragraphs: (3) For purposes of subsection (a)(16)(B), the term qualified inpatient psychiatric hospital services means, with respect to individuals described in such subsection, services described in subparagraphs (A) and (B) of paragraph (1) that are furnished in an acute care psychiatric unit in a State-operated psychiatric hospital or a psychiatric hospital (as defined section 1861(f)) if such unit or hospital, as applicable, has a facilitywide average (determined on an annual basis) length of stay of less than 30 days. (4) For purposes of subsection (a)(16)(C), the term psychiatric residential treatment facility services means, with respect to individuals described in such subsection, services described in subparagraphs (A) and (B) of paragraph (1) that are furnished in a psychiatric residential treatment facility (as defined in section 484.353 of title 42, Code of Federal Regulations, as in effect on December 9, 2013). . (c) Effective date (1) In general Subject to paragraph (2), the amendments made this section shall apply to items and services furnished after the first day of the first calendar year that begins after the date of the enactment of this section. (2) Exception for State legislation In the case of a State plan under title XIX of the Social Security Act, which the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this section. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. 502. Access to mental health prescription drugs under Medicare and Medicaid (a) Coverage of prescription drugs used To treat mental health disorders under Medicare Section 1860D–4(b)(3)(G)(i)(II) of the Social Security Act ( 42 U.S.C. 1395w–104(b)(3)(G)(i)(II) ) is amended by inserting , for categories and classes of drugs other than the categories and classes of drugs specified in subclauses (II) and (IV) of clause (iv), before exceptions . (b) Coverage of prescription drugs used To treat mental health disorders under Medicaid Section 1927(d) of the Social Security Act ( 42 U.S.C. 1396r–8(d) ) is amended by adding at the end the following new paragraph: (8) Access to mental health drugs With respect to covered outpatient drugs used for the treatment of a mental health disorder, including major depression, bipolar (manic-depressive) disorder, panic disorder, obsessive-compulsive disorder, schizophrenia, and schizoaffective disorder, a State shall not exclude from coverage or otherwise restrict access to such drugs other than pursuant to a prior authorization program that is consistent with paragraph (5). . VI Research by National Institute of Mental Health 601. Increase in funding for certain research Section 402A(a) of the Public Health Service Act ( 42 U.S.C. 282a(a) ) is amended— (1) by striking For the purpose of and inserting the following: (1) In general For the purpose of ; and (2) by adding at the end the following: (2) Funding for the brain initiative at the National Institute of Mental Health (A) Funding In addition to amounts made available pursuant to paragraph (1), there are authorized to be appropriated to the National Institute of Mental Health for the purpose described in subparagraph (B)(ii) $40,000,000 for each of fiscal years 2015 through 2019. (B) Purposes Amounts appropriated pursuant to subparagraph (A) shall be used exclusively for the purpose of conducting or supporting— (i) research on the determinants of self- and other directed-violence in mental illness, including studies directed at reducing the risk of self harm, suicide, and interpersonal violence; or (ii) brain research through the Brain Research through Advancing Innovative Neurotechnologies Initiative. . VII Community Mental Health Services Block Grant Reform 701. Administration of block grants by Assistant Secretary Section 1911(a) of the Public Health Service Act ( 42 U.S.C. 300x ) is amended by striking acting through the Director of the Center for Mental Health Services and inserting acting through the Assistant Secretary for Mental Health and Substance Use Disorders . 702. Additional program requirements (a) Integrated services Subsection (b)(1) of section 1912 of the Public Health Service Act ( 42 U.S.C. 300x–1 ) is amended by inserting integration of after The description of the system of care shall include . (b) Data collection system Subsection (b)(2) of section 1912 of the Public Health Service Act ( 42 U.S.C. 300x–1 ) is amended— (1) by striking The plan contains an estimate of and inserting the following: The plan contains— (A) an estimate of ; (2) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (B) an agreement by the State to report to the National Mental Health Policy Laboratory— (i) such data as may be required by the Secretary concerning— (I) comprehensive community mental health services in the State; and (II) public health outcomes for persons with serious mental illness in the State, including mortality, emergency room visits, and medication adherence. . 703. Period for expenditure of grant funds Section 1913 of the Public Health Service Act ( 42 U.S.C. 300x–2 ), as amended, is further amended by adding at the end the following: (d) Period for expenditure of grant funds In implementing a plan submitted under section 1912(a), a State receiving grant funds under section 1911 may make such funds available to providers of services described in subsection (b) for the provision of services without fiscal year limitation. . 704. Treatment standard under State law Section 1915 of the Public Health Service Act ( 42 U.S.C. 300x–4 ) is amended by adding at the end the following: (c) Treatment standard under State law (1) In general A funding agreement for a grant under section 1911 is that— (A) the State involved has in effect a law under which, if a State court finds by clear and convincing evidence that an individual, as a result of mental illness, is a danger to self, is a danger to others, is persistently or acutely disabled, or is gravely disabled and in need of treatment, and is either unwilling or unable to accept voluntary treatment, the court must order the individual to undergo inpatient or outpatient treatment; or (B) the State involved has in effect a law under which a State court must order an individual with a mental illness to undergo inpatient or outpatient treatment, the law was in effect on the date of enactment of the Helping Families in Mental Health Crisis Act of 2013 , and the Secretary finds that the law requires a State court to order such treatment across all or a sufficient range of the type of circumstances described in subparagraph (A). (2) Definition For purposes of paragraph (1), the term persistently or acutely disabled refers to a serious mental illness that meets all the following criteria: (A) If not treated, the illness has a substantial probability of causing the individual to suffer or continue to suffer severe and abnormal mental, emotional, or physical harm that significantly impairs judgment, reason, behavior, or capacity to recognize reality. (B) The illness substantially impairs the individual’s capacity to make an informed decision regarding treatment, and this impairment causes the individual to be incapable of understanding and expressing an understanding of the advantages and disadvantages of accepting treatment and understanding and expressing an understanding of the alternatives to the particular treatment offered after the advantages, disadvantages, and alternatives are explained to that individual. (C) The illness has a reasonable prospect of being treatable by outpatient, inpatient, or combined inpatient and outpatient treatment. . 705. Assisted outpatient treatment under State law Section 1915 of the Public Health Service Act ( 42 U.S.C. 300x–4 ), as amended, is further amended by adding at the end the following: (d) Assisted outpatient treatment under State law (1) In general A funding agreement for a grant under section 1911 is that the State involved has in effect a law under which a State court may order a treatment plan for an eligible patient that— (A) requires such patient to obtain outpatient mental health treatment while the patient is living in a community; and (B) is designed to improve access and adherence by such patient to intensive behavioral health services in order to— (i) avert relapse, repeated hospitalizations, arrest, incarceration, suicide, property destruction, and violent behavior; and (ii) provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary hospitalization. (2) Certification of state compliance A funding agreement described in paragraph (1) is effective only if the Assistant Secretary for Mental Health and Substance Use Disorders reviews the State law and certifies that it satisfies the criteria specified in such paragraph. (3) Definition In this subsection, the term eligible patient means an adult, mentally ill person who, as determined by the court— (A) has a history of violence, incarceration, or medically unnecessary hospitalizations; (B) without supervision and treatment, may be a danger to self or others in the community; (C) is substantially unlikely to voluntarily participate in treatment; (D) may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health or safety; (E) with a history of mental illness or condition that is likely to substantially deteriorate if the patient is not provided with timely treatment; and (F) due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision. . 706. Best available science and models of care Section 1920 of the Public Health Service Act ( 42 U.S.C. 300x–9 ) is amended by adding at the end the following: (c) Best practices in clinical care models For the purpose of translating evidence-based medicine and best available science into systems of care, the Assistant Secretary for Mental Health and Substance Use Disorders shall obligate 5 percent of the amounts appropriated under subsection (a) for a fiscal year through the National Mental Health Laboratory created under this Act. These models may include the Recovery After an Initial Schizophrenia Episode research project of the National Institute of Mental Health and the North American Prodrome Longitudinal Study. . 707. Paperwork reduction study (a) In general The Assistant Secretary for Mental Health and Substance Use Disorders shall enter into an arrangement with the Institute of Medicine of the National Academies (or, if the Institute declines, another appropriate entity) under which, not later than 12 months after the date of enactment of this Act, the Institute will submit to the appropriate committees of Congress a report that evaluates the combined paperwork burden of— (1) community mental health centers meeting the criteria specified in section 1913(c) of the Public Health Service Act ( 42 U.S.C. 300x–2 ), including such centers meeting such criteria as in effect on the day before the date of enactment of this Act; and (2) federally qualified community mental health clinics certified pursuant to section 201 of this Act. (b) Scope In preparing the report under section (a), the Institute of Medicine (or, if applicable, other appropriate entity) shall examine licensing, certification, service definitions, claims payment, billing codes, and financial auditing requirements used by the Office of Management and Budget, the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the Office of the Inspector General of the Department of Health and Human Services, State Medicaid agencies, State departments of health, State departments of education, and State and local juvenile justice and social service agencies to— (1) establish an estimate of the combined nationwide cost of complying with such requirements, in terms of both administrative funding and staff time; (2) establish an estimate of the per capita cost to each center described in paragraph (1) or (2) of subsection (a) to comply with such requirements, in terms of both administrative funding and staff time; and (3) make administrative and statutory recommendations to Congress (which recommendations may include a uniform methodology) to reduce the paperwork burden experienced by centers described in paragraph (1) or (2) of subsection (a). VIII Behavioral health awareness program 801. Reducing the stigma of serious mental illness (a) In general The Secretary of Education, along with the Assistant Secretary for Mental Health and Substance Use Disorders, shall organize a national awareness campaign involving public health organizations, advocacy groups for persons with serious mental illness, and social media companies to assist secondary school students and postsecondary students in— (1) reducing the stigma associated with serious mental illness; (2) understanding how to assist an individual who is demonstrating signs of a serious mental illness; and (3) understanding the importance of seeking treatment from a physician, clinical psychologist, or licensed mental health professional when a student believes the student may be suffering from a serious mental illness or behavioral health disorder. (b) Data collection The Secretary of Education shall— (1) evaluate the program under subsection (a) on public health to determine whether the program has made an impact on public health, including mortality rates of persons with serious mental illness, prevalence of serious mental illness, physician and clinical psychological visits, emergency room visits; and (2) submit a report on the evaluation to the National Mental Health Policy Laboratory created by title I of this Act. (c) Secondary school defined For purposes of this section, 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 ). IX Behavioral health information technology 901. Extension of health information technology assistance for behavioral and mental health and substance abuse Section 3000(3) of the Public Health Service Act ( 42 U.S.C. 300jj(3) ) is amended by inserting before and any other category the following: behavioral and mental health professionals (as defined in section 331(a)(3)(E)(i)), a substance abuse professional, a psychiatric hospital (as defined in section 1861(f) of the Social Security Act), a community mental health center meeting the criteria specified in section 1913(c), a federally qualified community behavioral health clinic certified under section 201 of the Helping Families in Mental Health Crisis Act of 2013 , a residential or outpatient mental health or substance abuse treatment facility, . 902. Extension of eligibility for Medicare and Medicaid health information technology implementation assistance (a) Payment incentives for eligible professionals under medicare Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended— (1) in subsection (a)(7)— (A) in subparagraph (E), by adding at the end the following new clause: (iv) Additional eligible professional The term additional eligible professional means a clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)). ; and (B) by adding at the end the following new subparagraph: (F) Application to additional eligible professionals The Secretary shall apply the provisions of this paragraph with respect to an additional eligible professional in the same manner as such provisions apply to an eligible professional, except in applying subparagraph (A)— (i) in clause (i), the reference to 2015 shall be deemed a reference to 2019; (ii) in clause (ii), the references to 2015, 2016, and 2017 shall be deemed references to 2019, 2020, and 2021, respectively; and (iii) in clause (iii), the reference to 2018 shall be deemed a reference to 2022. ; and (2) in subsection (o)— (A) in paragraph (5), by adding at the end the following new subparagraph: (D) Additional eligible professional The term additional eligible professional means a clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)). ; and (B) by adding at the end the following new paragraph: (6) Application to additional eligible professionals The Secretary shall apply the provisions of this subsection with respect to an additional eligible professional in the same manner as such provisions apply to an eligible professional, except in applying— (A) paragraph (1)(A)(ii), the reference to 2016 shall be deemed a reference to 2020; (B) paragraph (1)(B)(ii), the references to 2011 and 2012 shall be deemed references to 2015 and 2016, respectively; (C) paragraph (1)(B)(iii), the references to 2013 shall be deemed references to 2017; (D) paragraph (1)(B)(v), the references to 2014 shall be deemed references to 2018; and (E) paragraph (1)(E), the reference to 2011 shall be deemed a reference to 2015. . (b) Eligible hospitals Section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) is amended— (1) in subsection (b)(3)(B)(ix), by adding at the end the following new subclause: (V) The Secretary shall apply the provisions of this subsection with respect to an additional eligible hospital (as defined in subsection (n)(6)(C)) in the same manner as such provisions apply to an eligible hospital, except in applying— (aa) subclause (I), the references to 2015, 2016, and 2017 shall be deemed references to 2019, 2020, and 2021, respectively; and (bb) subclause (III), the reference to 2015 shall be deemed a reference to 2019. ; and (2) in subsection (n)— (A) in paragraph (6), by adding at the end the following new subparagraph: (C) Additional eligible hospital The term additional eligible hospital means an inpatient hospital that is a psychiatric hospital (as defined in section 1861(f)). ; and (B) by adding at the end the following new paragraph: (7) Application to additional eligible hospitals The Secretary shall apply the provisions of this subsection with respect to an additional eligible hospital in the same manner as such provisions apply to an eligible hospital, except in applying— (A) paragraph (2)(E)(ii), the references to 2013 and 2015 shall be deemed references to 2017 and 2019, respectively; and (B) paragraph (2)(G)(i), the reference to 2011 shall be deemed a reference to 2015. . (c) Medicaid providers Section 1903(t) of the Social Security Act ( 42 U.S.C. 1396b(t) ) is amended— (1) in paragraph (2)(B)— (A) in clause (i), by striking , or and inserting a semicolon; (B) in clause (ii), by striking the period and inserting a semicolon; and (C) by adding after clause (ii) the following new clauses: (iii) a public hospital that is principally a psychiatric hospital (as defined in section 1861(f)); (iv) a private hospital that is principally a psychiatric hospital (as defined in section 1861(f)) and that has at least 10 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to individuals receiving medical assistance under this title; (v) a community mental health center meeting the criteria specified in section 1913(c) of the Public Health Service Act; or (vi) a residential or outpatient mental health or substance abuse treatment facility that— (I) is accredited by the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, or any other national accrediting agency recognized by the Secretary; and (II) has at least 10 percent of its patient volume (as estimated in accordance with a methodology established by the Secretary) attributable to individuals receiving medical assistance under this title. ; and (2) in paragraph (3)(B)— (A) in clause (iv), by striking and after the semicolon; (B) in clause (v), by striking the period and inserting ; and ; and (C) by adding at the end the following new clause: (vi) clinical psychologist providing qualified psychologist services (as defined in section 1861(ii)), if such clinical psychologist is practicing in an outpatient clinic that— (I) is led by a clinical psychologist; and (II) is not otherwise receiving payment under paragraph (1) as a Medicaid provider described in paragraph (2)(B). . (d) Medicare Advantage organizations Section 1853 of the Social Security Act ( 42 U.S.C. 1395w–23 ) is amended— (1) in subsection (l)— (A) in paragraph (1)— (i) by inserting or additional eligible professionals (as described in paragraph (9)) after paragraph (2) ; and (ii) by inserting and additional eligible professionals before under such sections ; (B) in paragraph (3)(B)— (i) in clause (i) in the matter preceding subclause (I), by inserting or an additional eligible professional described in paragraph (9) after paragraph (2) ; and (ii) in clause (ii)— (I) in the matter preceding subclause (I), by inserting or an additional eligible professional described in paragraph (9) after paragraph (2) ; and (II) in subclause (I), by inserting or an additional eligible professional, respectively, after eligible professional ; (C) in paragraph (3)(C), by inserting and additional eligible professionals after all eligible professionals ; (D) in paragraph (4)(D), by adding at the end the following new sentence: In the case that a qualifying MA organization attests that not all additional eligible professionals of the organization are meaningful EHR users with respect to an applicable year, the Secretary shall apply the payment adjustment under this paragraph based on the proportion of all such additional eligible professionals of the organization that are not meaningful EHR users for such year. ; (E) in paragraph (6)(A), by inserting and, as applicable, each additional eligible professional described in paragraph (9) after paragraph (2) ; (F) in paragraph (6)(B), by inserting and, as applicable, each additional eligible hospital described in paragraph (9) after subsection (m)(1) ; (G) in paragraph (7)(A), by inserting and, as applicable, additional eligible professionals after eligible professionals ; (H) in paragraph (7)(B), by inserting and, as applicable, additional eligible professionals after eligible professionals ; (I) in paragraph (8)(B), by inserting and additional eligible professionals described in paragraph (9) after paragraph (2) ; and (J) by adding at the end the following new paragraph: (9) Additional eligible professional described With respect to a qualifying MA organization, an additional eligible professional described in this paragraph is an additional eligible professional (as defined for purposes of section 1848(o)) who— (A) (i) is employed by the organization; or (ii) (I) is employed by, or is a partner of, an entity that through contract with the organization furnishes at least 80 percent of the entity’s Medicare patient care services to enrollees of such organization; and (II) furnishes at least 80 percent of the professional services of the additional eligible professional covered under this title to enrollees of the organization; and (B) furnishes, on average, at least 20 hours per week of patient care services. ; and (2) in subsection (m)— (A) in paragraph (1)— (i) by inserting or additional eligible hospitals (as described in paragraph (7)) after paragraph (2) ; and (ii) by inserting and additional eligible hospitals before under such sections ; (B) in paragraph (3)(A)(i), by inserting or additional eligible hospital after eligible hospital ; (C) in paragraph (3)(A)(ii), by inserting or an additional eligible hospital after eligible hospital in each place it occurs; (D) in paragraph (3)(B)— (i) in clause (i), by inserting or an additional eligible hospital described in paragraph (7) after paragraph (2) ; and (ii) in clause (ii)— (I) in the matter preceding subclause (I), by inserting or an additional eligible hospital described in paragraph (7) after paragraph (2) ; and (II) in subclause (I), by inserting or an additional eligible hospital, respectively, after eligible hospital ; (E) in paragraph (4)(A), by inserting or one or more additional eligible hospitals (as defined in section 1886(n)), as appropriate, after section 1886(n)(6)(A)) ; (F) in paragraph (4)(D), by adding at the end the following new sentence: In the case that a qualifying MA organization attests that not all additional eligible hospitals of the organization are meaningful EHR users with respect to an applicable period, the Secretary shall apply the payment adjustment under this paragraph based on the methodology specified by the Secretary, taking into account the proportion of such additional eligible hospitals, or discharges from such hospitals, that are not meaningful EHR users for such period. ; (G) in paragraph (5)(A), by inserting and, as applicable, each additional eligible hospital described in paragraph (7) after paragraph (2) ; (H) in paragraph (5)(B), by inserting and additional eligible hospitals, as applicable, after eligible hospitals ; (I) in paragraph (6)(B), by inserting and additional eligible hospitals described in paragraph (7) after paragraph (2) ; and (J) by adding at the end the following new paragraph: (7) Additional eligible hospital described With respect to a qualifying MA organization, an additional eligible hospital described in this paragraph is an additional eligible hospital (as defined in section 1886(n)(6)(C)) that is under common corporate governance with such organization and serves individuals enrolled under an MA plan offered by such organization. . X Expanding access to care through health care professional volunteerism 1001. Liability protections for health care professional volunteers at community health centers and federally qualified community behavioral health clinics Section 224 of the Public Health Service Act ( 42 U.S.C. 233 ) is amended by adding at the end the following: (q) (1) In this subsection, the term federally qualified community behavioral health clinic means— (A) a federally qualified community behavioral health clinic with a certification in effect under section 201 of the Helping Families in Mental Health Crisis Act of 2013 ; or (B) a community mental health center meeting the criteria specified in section 1913(c) of this Act. (2) For purposes of this section, a health care professional volunteer at an entity described in subsection (g)(4) or a federally qualified community behavioral health clinic shall, in providing health care services eligible for funding under section 330 or subpart I of part B of title XIX to an individual, be deemed to be an employee of the Public Health Service for a calendar year that begins during a fiscal year for which a transfer was made under paragraph (5)(C). The preceding sentence is subject to the provisions of this subsection. (3) In providing a health care service to an individual, a health care professional shall for purposes of this subsection be considered to be a health professional volunteer at an entity described in subsection (g)(4) or at a federally qualified community behavioral health clinic if the following conditions are met: (A) The service is provided to the individual at the facilities of an entity described in subsection (g)(4), at a federally qualified community behavioral health clinic, or through offsite programs or events carried out by the center. (B) The center or entity is sponsoring the health care professional volunteer pursuant to paragraph (4)(B). (C) The health care professional does not receive any compensation for the service from the individual or from any third-party payer (including reimbursement under any insurance policy or health plan, or under any Federal or State health benefits program), except that the health care professional may receive repayment from the entity described in subsection (g)(4) or the center for reasonable expenses incurred by the health care professional in the provision of the service to the individual. (D) Before the service is provided, the health care professional or the center or entity described in subsection (g)(4) posts a clear and conspicuous notice at the site where the service is provided of the extent to which the legal liability of the health care professional is limited pursuant to this subsection. (E) At the time the service is provided, the health care professional is licensed or certified in accordance with applicable law regarding the provision of the service. (4) Subsection (g) (other than paragraphs (3) and (5)) and subsections (h), (i), and (l) apply to a health care professional for purposes of this subsection to the same extent and in the same manner as such subsections apply to an officer, governing board member, employee, or contractor of an entity described in subsection (g)(4), subject to paragraph (5) and subject to the following: (A) The first sentence of paragraph (2) applies in lieu of the first sentence of subsection (g)(1)(A). (B) With respect to an entity described in subsection (g)(4) or a federally qualified community behavioral health clinic, a health care professional is not a health professional volunteer at such center unless the center sponsors the health care professional. For purposes of this subsection, the center shall be considered to be sponsoring the health care professional if— (i) with respect to the health care professional, the center submits to the Secretary an application meeting the requirements of subsection (g)(1)(D); and (ii) the Secretary, pursuant to subsection (g)(1)(E), determines that the health care professional is deemed to be an employee of the Public Health Service. (C) In the case of a health care professional who is determined by the Secretary pursuant to subsection (g)(1)(E) to be a health professional volunteer at such center, this subsection applies to the health care professional (with respect to services described in paragraph (2)) for any cause of action arising from an act or omission of the health care professional occurring on or after the date on which the Secretary makes such determination. (D) Subsection (g)(1)(F) applies to a health professional volunteer for purposes of this subsection only to the extent that, in providing health services to an individual, each of the conditions specified in paragraph (3) is met. (5) (A) Amounts in the fund established under subsection (k)(2) shall be available for transfer under subparagraph (C) for purposes of carrying out this subsection for health professional volunteers at entities described in subsection (g)(4). (B) Not later than May 1 of each fiscal year, the Attorney General, in consultation with the Secretary, shall submit to the Congress a report providing an estimate of the amount of claims (together with related fees and expenses of witnesses) that, by reason of the acts or omissions of health care professional volunteers, will be paid pursuant to this subsection during the calendar year that begins in the following fiscal year. Subsection (k)(1)(B) applies to the estimate under the preceding sentence regarding health care professional volunteers to the same extent and in the same manner as such subsection applies to the estimate under such subsection regarding officers, governing board members, employees, and contractors of entities described in subsection (g)(4). (C) Not later than December 31 of each fiscal year, the Secretary shall transfer from the fund under subsection (k)(2) to the appropriate accounts in the Treasury an amount equal to the estimate made under subparagraph (B) for the calendar year beginning in such fiscal year, subject to the extent of amounts in the fund. (6) (A) This subsection takes effect on October 1, 2015, except as provided in subparagraph (B). (B) Effective on the date of the enactment of this subsection— (i) the Secretary may issue regulations for carrying out this subsection, and the Secretary may accept and consider applications submitted pursuant to paragraph (4)(B); and (ii) reports under paragraph (5)(B) may be submitted to the Congress. . XI SAMHSA Reauthorization and Reforms A Organization and general authorities 1101. In general Section 501 of the Public Health Service Act ( 42 U.S.C. 290aa ) is amended— (1) in subsection (c)(2), by striking Secretary and inserting Assistant Secretary for Mental Health and Substance Use Disorders ; (2) in subsection (d)— (A) in paragraph (2)— (i) by striking and mental illness ; and (ii) by striking promote mental health ; (B) in paragraph (4), by inserting related to substance abuse after related services ; (C) in paragraph (6), by striking and individuals with mental illness and to develop appropriate mental health services for individuals with such illnesses ; and (D) in paragraph (18), by striking mental illness or ; (3) in subsection (h), by inserting at the end the following: For any such peer review group reviewing a proposal or grant related to mental illness, no fewer than half of the members of the group shall have a medical degree, or an equivalent doctoral degree in psychology and clinical experience. ; (4) in subsection (l)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) At least 30 days before awarding a grant, cooperative agreement, or contract, the Administrator shall give written notice of the award to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ; and (5) in subsection (m)— (A) in paragraph (1), by striking 2.5 percent and inserting 1.5 percent ; and (B) in paragraph (3), by striking Secretary and inserting Assistant Secretary for Mental Health and Substance Use Disorders . 1102. Advisory councils Paragraph (3) of section 502(b) of the Public Health Service Act ( 42 U.S.C. 290aa–1(b) ) is amended by adding at the end the following: (C) No fewer than half of the members of an advisory council shall— (i) have a medical degree; (ii) have an equivalent doctoral degree in psychology; or (iii) serve as a licensed mental health professional. . 1103. Peer review Section 504 of the Public Health Service Act ( 42 U.S.C. 290aa–3 ) is amended— (1) by adding at the end of subsection (b) the following: At least half of the members of any peer review group established under subsection (a) shall have a degree in medicine, or an equivalent doctoral degree in psychology, or be a licensed mental health professional. Before awarding a grant, cooperative agreement, or contract, the Secretary shall provide a list of the members of the peer review group responsible for reviewing the award to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ; and (2) by adding at the end the following: (e) Scientific controls and standards Peer review under this section shall ensure that any research concerning an intervention is based on scientific controls and standards indicating whether the intervention reduces symptoms, improves medical or behavioral outcomes, and improves social functioning. . 1104. Data collection (a) Transfer of behavioral health statistics and quality The Assistant Secretary for Mental Health and Substance Use Disorders shall transfer all functions and responsibilities of the Center for Behavioral Health Statistics and Quality to the National Mental Health Policy Laboratory, established under section 501A. (b) Transferring data collection and surveys to the national mental health policy laboratory Section 505 of the Public Health Service Act ( 42 U.S.C. 290aa–4 ) is amended— (1) in subsection (a), by striking acting through the Administrator and inserting acting through the National Mental Health Policy Laboratory under the Assistant Secretary for Mental Health and Substance Use Disorders (in this section referred to as the Assistant Secretary ) with respect to mental illness and substance abuse ; (2) in subsections (a)(2) and (d), by striking Administrator each place it appears and inserting Assistant Secretary ; and (3) in subsection (b)— (A) by striking Administrator each place it appears and inserting Assistant Secretary ; (B) by striking and at the end of paragraph (3); (C) by striking paragraph (4); and (D) by adding at the end the following: (4) the number of individuals with serious mental illnesses, including those with schizophrenia, bipolar disorder, or major depressive disorder; (5) the number of individuals admitted to hospital emergency rooms as a result of serious mental illness; (6) the number of individuals who receive inpatient care and are subsequently readmitted to the hospital as a result of their condition within two years; and (7) other public health outcomes including mortality rates for individuals with serious mental illness. . B Center for Mental Health Services 1111. Center for Mental Health Services Section 520 of the Public Health Service Act ( 42 U.S.C. 290bb–31 ) is amended to read as follows: 520. Center for Mental Health Services (a) Establishment There is established in the Administration a Center for Mental Health Services (hereafter in this section referred to as the Center ). The Center shall be headed by a Director (hereafter in this section referred to as the Director ) appointed by the Secretary from among individuals with extensive experience or academic qualifications in the provision of mental health services or in the evaluation of mental health service systems. (b) Duties The Director of the Center shall— (1) assist the Assistant Secretary for Mental Health and Substance Use Disorders in designing national goals and establishing national priorities for— (A) the prevention of mental illness; (B) the treatment of mental illness; and (C) the promotion of mental health; (2) encourage local entities and State agencies to achieve the goals and priorities described in paragraph (1); (3) collaborate with the Department of Education and the Department of Justice to assist local communities in addressing violence among children and adolescents related to mental illness; (4) assist the National Institute of Mental Health in deploying improved methods of treating individuals with mental health problems and improved methods of assisting the families of such individuals; (5) carry out the provisions of the Protection and Advocacy of Mentally Ill Individuals Act in order to foster independence and protect the legal rights of persons with mental illness; (6) carry out the programs under part C; (7) carry out responsibilities for the Human Resource Development programs; (8) conduct services-related assessments, including evaluations of the organization and financing of care, self-help, mental health economics, mental health service systems, and rural mental health, and improve the capacity of States to conduct evaluations of publicly funded mental health programs; (9) establish a clearinghouse of evidence-based practices, which has first been reviewed and approved by a panel of psychiatrists and clinical psychologists, for mental health information to assure the widespread dissemination of such information to States, political subdivisions, educational agencies and institutions, treatment and prevention service providers, and the general public, including information concerning the practical application of research supported by the National Institute of Mental Health that is applicable to improving the delivery of services; (10) provide technical assistance to public and private entities that are providers of mental health services; (11) monitor and enforce obligations incurred by community mental health centers pursuant to the Community Mental Health Centers Act (as in effect prior to the repeal of such Act on August 13, 1981, by section 902(e)(2)(B) of Public Law 97–35 (95 Stat. 560)); and (12) assist the Assistant Secretary for Mental Health and Substance Use Disorders, and the Director of the Centers for Disease Control and Prevention, with surveys with respect to mental health, such as the National Reporting Program. Nothing in this subsection shall be construed as authorizing any new grant program or project that is not explicitly authorized or required by other statutory provisions. (c) No general authority for grants Nothing in this section shall be construed as authorizing or requiring any new grant program or project that is not explicitly authorized or required by other statutory provisions. . 1112. Reauthorization of priority mental health needs of regional and national significance Section 520A of the Public Health Service Act ( 42 U.S.C. 290bb–32 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by inserting using evidence-based medicine after technical assistance programs ; (B) by amending paragraph (4) to read as follows: (4) evidence-based programs designed in conjunction with the Assistant Secretary for Mental Health and Substance Use Disorders to treat individuals with serious mental illness. ; and (C) by adding at the end the following: Before awarding a grant, cooperative agreement, or contract under this section, the Secretary shall give written notice of the award to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ; (2) in subsection (b)(2), by inserting , including the primary and behavioral health care integration program under section 520K after primary health care systems ; and (3) by amending subsection (f)(1) to read as follows: (1) In general For carrying out this section, there is authorized to be appropriated $150,000,000 for each of fiscal years 2014 through 2018. . 1113. Garrett Lee Smith Reauthorization (a) Suicide prevention technical assistance center Section 520C of the Public Health Service Act ( 42 U.S.C. 290bb–34 ) is amended to read as follows: 520C. Suicide prevention technical assistance center (a) Program authorized The Assistant Secretary for Mental Health and Substance Use Disorders, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award a grant for the operation and maintenance of a research, training, and technical assistance resource center to provide appropriate information, training, and technical assistance to States, political subdivisions of States, federally recognized Indian tribes, tribal organizations, institutions of higher education, public organizations, or private nonprofit organizations concerning the prevention of suicide among all ages, particularly among groups that are at high risk for suicide. (b) Responsibilities of the center The center operated and maintained under subsection (a) shall— (1) assist in the development or continuation of statewide and tribal suicide early intervention and prevention strategies for all ages, particularly among groups that are at high risk for suicide; (2) ensure the surveillance of suicide early intervention and prevention strategies for all ages, particularly among groups that are at high risk for suicide; (3) study the costs and effectiveness of statewide and tribal suicide early intervention and prevention strategies in order to provide information concerning relevant issues of importance to State, tribal, and national policymakers; (4) further identify and understand causes and associated risk factors for suicide for all ages, particularly among groups that are at high risk for suicide; (5) analyze the efficacy of new and existing suicide early intervention and prevention techniques and technology for all ages, particularly among groups that are at high risk for suicide; (6) ensure the surveillance of suicidal behaviors and nonfatal suicidal attempts; (7) study the effectiveness of State-sponsored statewide and tribal suicide early intervention and prevention strategies for all ages particularly among groups that are at high risk for suicide on the overall wellness and health promotion strategies related to suicide attempts; (8) promote the sharing of data regarding suicide with Federal agencies involved with suicide early intervention and prevention, and State-sponsored statewide and tribal suicide early intervention and prevention strategies for the purpose of identifying previously unknown mental health causes and associated risk factors for suicide among all ages particularly among groups that are at high risk for suicide; (9) evaluate and disseminate outcomes and best practices of mental health and substance use disorder services at institutions of higher education; and (10) conduct other activities determined appropriate by the Secretary. (c) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $4,957,000 for each of the fiscal years 2014 through 2018. . (b) Youth suicide intervention and prevention strategies Section 520E of the Public Health Service Act ( 42 U.S.C. 290bb–36 ) is amended to read as follows: 520E. Youth suicide early intervention and prevention strategies (a) In general The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall award grants or cooperative agreements to eligible entities to— (1) develop and implement State-sponsored statewide or tribal youth suicide early intervention and prevention strategies in schools, educational institutions, juvenile justice systems, substance use disorder programs, mental health programs, foster care systems, and other child and youth support organizations; (2) support public organizations and private nonprofit organizations actively involved in State-sponsored statewide or tribal youth suicide early intervention and prevention strategies and in the development and continuation of State-sponsored statewide youth suicide early intervention and prevention strategies; (3) provide grants to institutions of higher education to coordinate the implementation of State-sponsored statewide or tribal youth suicide early intervention and prevention strategies; (4) collect and analyze data on State-sponsored statewide or tribal youth suicide early intervention and prevention services that can be used to monitor the effectiveness of such services and for research, technical assistance, and policy development; and (5) assist eligible entities, through State-sponsored statewide or tribal youth suicide early intervention and prevention strategies, in achieving targets for youth suicide reductions under title V of the Social Security Act . (b) Eligible entity (1) Definition In this section, the term eligible entity means— (A) a State; (B) a public organization or private nonprofit organization designated by a State to develop or direct the State-sponsored statewide youth suicide early intervention and prevention strategy; or (C) a federally recognized Indian tribe or tribal organization (as defined in the Indian Self-Determination and Education Assistance Act ) or an urban Indian organization (as defined in the Indian Health Care Improvement Act ) that is actively involved in the development and continuation of a tribal youth suicide early intervention and prevention strategy. (2) Limitation In carrying out this section, the Secretary shall ensure that a State does not receive more than one grant or cooperative agreement under this section at any one time. For purposes of the preceding sentence, a State shall be considered to have received a grant or cooperative agreement if the eligible entity involved is the State or an entity designated by the State under paragraph (1)(B). Nothing in this paragraph shall be constructed to apply to entities described in paragraph (1)(C). (c) Preference In providing assistance under a grant or cooperative agreement under this section, an eligible entity shall give preference to public organizations, private nonprofit organizations, political subdivisions, institutions of higher education, and tribal organizations actively involved with the State-sponsored statewide or tribal youth suicide early intervention and prevention strategy that— (1) provide early intervention and assessment services, including screening programs, to youth who are at risk for mental or emotional disorders that may lead to a suicide attempt, and that are integrated with school systems, educational institutions, juvenile justice systems, substance use disorder programs, mental health programs, foster care systems, and other child and youth support organizations; (2) demonstrate collaboration among early intervention and prevention services or certify that entities will engage in future collaboration; (3) employ or include in their applications a commitment to evaluate youth suicide early intervention and prevention practices and strategies adapted to the local community; (4) provide timely referrals for appropriate community-based mental health care and treatment of youth who are at risk for suicide in child-serving settings and agencies; (5) provide immediate support and information resources to families of youth who are at risk for suicide; (6) offer access to services and care to youth with diverse linguistic and cultural backgrounds; (7) offer appropriate postsuicide intervention services, care, and information to families, friends, schools, educational institutions, juvenile justice systems, substance use disorder programs, mental health programs, foster care systems, and other child and youth support organizations of youth who recently completed suicide; (8) offer continuous and up-to-date information and awareness campaigns that target parents, family members, child care professionals, community care providers, and the general public and highlight the risk factors associated with youth suicide and the life-saving help and care available from early intervention and prevention services; (9) ensure that information and awareness campaigns on youth suicide risk factors, and early intervention and prevention services, use effective communication mechanisms that are targeted to and reach youth, families, schools, educational institutions, and youth organizations; (10) provide a timely response system to ensure that child-serving professionals and providers are properly trained in youth suicide early intervention and prevention strategies and that child-serving professionals and providers involved in early intervention and prevention services are properly trained in effectively identifying youth who are at risk for suicide; (11) provide continuous training activities for child care professionals and community care providers on the latest youth suicide early intervention and prevention services practices and strategies; (12) conduct annual self-evaluations of outcomes and activities, including consulting with interested families and advocacy organizations; (13) provide services in areas or regions with rates of youth suicide that exceed the national average as determined by the Centers for Disease Control and Prevention; and (14) obtain informed written consent from a parent or legal guardian of an at-risk child before involving the child in a youth suicide early intervention and prevention program. (d) Requirement for direct services Not less than 85 percent of grant funds received under this section shall be used to provide direct services, of which not less than 5 percent shall be used for activities authorized under subsection (a)(3). (e) Consultation and policy development (1) In general In carrying out this section, the Secretary shall collaborate with the Secretary of Education and relevant Federal agencies and suicide working groups responsible for early intervention and prevention services relating to youth suicide. (2) Consultation In carrying out this section, the Secretary shall consult with— (A) State and local agencies, including agencies responsible for early intervention and prevention services under title XIX of the Social Security Act , the State Children's Health Insurance Program under title XXI of the Social Security Act , and programs funded by grants under title V of the Social Security Act ; (B) local and national organizations that serve youth at risk for suicide and their families; (C) relevant national medical and other health and education specialty organizations; (D) youth who are at risk for suicide, who have survived suicide attempts, or who are currently receiving care from early intervention services; (E) families and friends of youth who are at risk for suicide, who have survived suicide attempts, who are currently receiving care from early intervention and prevention services, or who have completed suicide; (F) qualified professionals who possess the specialized knowledge, skills, experience, and relevant attributes needed to serve youth at risk for suicide and their families; and (G) third-party payers, managed care organizations, and related commercial industries. (3) Policy development In carrying out this section, the Secretary shall— (A) coordinate and collaborate on policy development at the Federal level with the relevant Department of Health and Human Services agencies and suicide working groups; and (B) consult on policy development at the Federal level with the private sector, including consumer, medical, suicide prevention advocacy groups, and other health and education professional-based organizations, with respect to State-sponsored statewide or tribal youth suicide early intervention and prevention strategies. (f) Rule of construction; religious and moral accommodation Nothing in this section shall be construed to require suicide assessment, early intervention, or treatment services for youth whose parents or legal guardians object based on the parents' or legal guardians' religious beliefs or moral objections. (g) Evaluations and report (1) Evaluations by eligible entities Not later than 18 months after receiving a grant or cooperative agreement under this section, an eligible entity shall submit to the Secretary the results of an evaluation to be conducted by the entity concerning the effectiveness of the activities carried out under the grant or agreement. (2) Report Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of— (A) the evaluations conducted under paragraph (1); and (B) an evaluation conducted by the Secretary to analyze the effectiveness and efficacy of the activities conducted with grants, collaborations, and consultations under this section. (h) Rule of construction; student medication Nothing in this section shall be construed to allow school personnel to require that a student obtain any medication as a condition of attending school or receiving services. (i) Prohibition Funds appropriated to carry out this section, section 527, or section 529 shall not be used to pay for or refer for abortion. (j) Parental consent States and entities receiving funding under this section shall obtain prior written, informed consent from the child's parent or legal guardian for assessment services, school-sponsored programs, and treatment involving medication related to youth suicide conducted in elementary and secondary schools. The requirement of the preceding sentence does not apply in the following cases: (1) In an emergency, where it is necessary to protect the immediate health and safety of the student or other students. (2) Other instances, as defined by the State, where parental consent cannot reasonably be obtained. (k) Relation to education provisions Nothing in this section shall be construed to supersede section 444 of the General Education Provisions Act, including the requirement of prior parental consent for the disclosure of any education records. Nothing in this section shall be construed to modify or affect parental notification requirements for programs authorized under the Elementary and Secondary Education Act of 1965 (as amended by the No Child Left Behind Act of 2001; Public Law 107–110 ). (l) Definitions In this section: (1) Early intervention The term early intervention means a strategy or approach that is intended to prevent an outcome or to alter the course of an existing condition. (2) Educational institution; institution of higher education; school The term— (A) educational institution means a school or institution of higher education; (B) institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ; and (C) school means an elementary or secondary school (as such terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 ). (3) Prevention The term prevention means a strategy or approach that reduces the likelihood or risk of onset, or delays the onset, of adverse health problems that have been known to lead to suicide. (4) Youth The term youth means individuals who are between 10 and 24 years of age. (m) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $29,738,000 for each of the fiscal years 2014 through 2018. . (c) Suicide prevention for youth Section 520E–1 of the Public Health Service Act ( 42 U.S.C. 290bb–36a ) is amended— (1) by amending the section heading to read as follows: Suicide prevention for youth ; and (2) by striking subsection (n) and inserting the following: (n) Authorization of appropriations For the purpose of carrying out this section, there is authorized to be appropriated such sums as may be necessary for each of fiscal years 2014 through 2018. . (d) Mental health and substance use disorders services and outreach on campus Section 520E–2 of the Public Health Service Act ( 42 U.S.C. 290bb–36b ) is amended to read as follows: 520E–2. Mental health and substance use disorders services on campus (a) In general The Secretary, acting through the Director of the Center for Mental Health Services and in consultation with the Secretary of Education, shall award grants on a competitive basis to institutions of higher education to enhance services for students with mental health or substance use disorders and to develop best practices for the delivery of such services. (b) Uses of funds Amounts received under a grant under this section shall be used for 1 or more of the following activities: (1) The provision of mental health and substance use disorder services to students, including prevention, promotion of mental health, voluntary screening, early intervention, voluntary assessment, treatment, and management of mental health and substance abuse disorder issues. (2) The provision of outreach services to notify students about the existence of mental health and substance use disorder services. (3) Educating students, families, faculty, staff, and communities to increase awareness of mental health and substance use disorders. (4) The employment of appropriately trained staff, including administrative staff. (5) The provision of training to students, faculty, and staff to respond effectively to students with mental health and substance use disorders. (6) The creation of a networking infrastructure to link colleges and universities with providers who can treat mental health and substance use disorders. (7) Developing, supporting, evaluating, and disseminating evidence-based and emerging best practices. (c) Implementation of activities using grant funds An institution of higher education that receives a grant under this section may carry out activities under the grant through— (1) college counseling centers; (2) college and university psychological service centers; (3) mental health centers; (4) psychology training clinics; (5) institution of higher education supported, evidence-based, mental health and substance use disorder programs; or (6) any other entity that provides mental health and substance use disorder services at an institution of higher education. (d) Application To be eligible to receive a grant under this section, an institution of higher education shall prepare and submit to the Secretary an application at such time and in such manner as the Secretary may require. At a minimum, such application shall include the following: (1) A description of identified mental health and substance use disorder needs of students at the institution of higher education. (2) A description of Federal, State, local, private, and institutional resources currently available to address the needs described in paragraph (1) at the institution of higher education. (3) A description of the outreach strategies of the institution of higher education for promoting access to services, including a proposed plan for reaching those students most in need of mental health services. (4) A plan, when applicable, to meet the specific mental health and substance use disorder needs of veterans attending institutions of higher education. (5) A plan to seek input from community mental health providers, when available, community groups and other public and private entities in carrying out the program under the grant. (6) A plan to evaluate program outcomes, including a description of the proposed use of funds, the program objectives, and how the objectives will be met. (7) An assurance that the institution will submit a report to the Secretary each fiscal year concerning the activities carried out with the grant and the results achieved through those activities. (e) Special considerations In awarding grants under this section, the Secretary shall give special consideration to applications that describe programs to be carried out under the grant that— (1) demonstrate the greatest need for new or additional mental and substance use disorder services, in part by providing information on current ratios of students to mental health and substance use disorder health professionals; and (2) demonstrate the greatest potential for replication. (f) Requirement of matching funds (1) In general The Secretary may make a grant under this section to an institution of higher education only if the institution agrees to make available (directly or through donations from public or private entities) non-Federal contributions in an amount that is not less than $1 for each $1 of Federal funds provided under the grant, toward the costs of activities carried out with the grant (as described in subsection (b)) and other activities by the institution to reduce student mental health and substance use disorders. (2) Determination of amount contributed Non-Federal contributions required under paragraph (1) may be in cash or in kind. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (3) Waiver The Secretary may waive the application of paragraph (1) with respect to an institution of higher education if the Secretary determines that extraordinary need at the institution justifies the waiver. (g) Reports For each fiscal year that grants are awarded under this section, the Secretary shall conduct a study on the results of the grants and submit to the Congress a report on such results that includes the following: (1) An evaluation of the grant program outcomes, including a summary of activities carried out with the grant and the results achieved through those activities. (2) Recommendations on how to improve access to mental health and substance use disorder services at institutions of higher education, including efforts to reduce the incidence of suicide and substance use disorders. (h) Definitions In this section, the term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965. (i) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $4,975,000 for each of the fiscal years 2014 through 2018. . C Children with serious emotional disturbances 1121. Comprehensive community mental health services for children with serious emotional disturbances Paragraph (1) of section 564(a) of the Public Health Service Act ( 42 U.S.C. 290ff(a) ) is amended— (1) by striking , acting through the Director of the Center for Mental Health Services, ; and (2) by adding at the end the following: Before making any such grant, the Assistant Secretary shall consult with the Director of the National Institutes of Health to ensure that the grant recipient will use evidence-based practices. . 1122. General provisions; report; funding Section 565 of the Public Health Service Act ( 42 U.S.C. 290ff–4 ) is amended— (1) in subsection (c)(2), by striking not later than 1 year after the date on which amounts are first appropriated under subsection (c) and inserting not later than 1 year after the date of enactment of the Helping Families in Mental Health Crisis Act of 2013 ; and (2) in subsection (f)— (A) by amending paragraph (1) to read as follows: (1) Authorization of appropriations For the purpose of carrying out this part, there are authorized to be appropriated $117,000,000 for fiscal year 2015, $120,000,000 for fiscal year 2016, $123,000,000 for fiscal year 2017, $126,000,000 for fiscal year 2018, and $130,000,000 for fiscal year 2019. ; and (B) by moving the margin of paragraph (2) two ems to the right. D Projects for children and violence 1131. Children and violence Section 581 of the Public Health Service Act ( 42 U.S.C. 290hh ) are repealed. 1132. Reauthorization of National Child Traumatic Stress Network (a) Reauthorization of National Child Traumatic Stress Network Section 582(f) of the Public Health Service Act ( 42 U.S.C. 290hh(f) ) is amended to read as follows: (f) Authorization of appropriations To carry out this section, there are authorized to be appropriated $50,000,000 for each of the fiscal years 2014 through 2017. . (b) Corresponding reduction in funding for protection and advocacy systems Section 117 of the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10827 ) is amended to read as follows: 117. Authorization of appropriations There are authorized to be appropriated for allotments under this title $5,000,000 for each of the fiscal years 2014 through 2017. . E Protection and advocacy for individuals with mental illness 1141. Prohibition against lobbying by systems accepting Federal funds to protect and advocate the rights of individuals with mental illness Section 105(a) of the Protection and Advocacy for Individuals with Mental Illness Act ( 42 U.S.C. 10805(a) ) is amended— (1) in paragraph (9), by striking and at the end; (2) in paragraph (10), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (11) agree to refrain, during any period for which funding is provided to the system under this part, from— (A) lobbying or retaining a lobbyist for the purpose of influencing a Federal, State, or local governmental entity or officer; (B) using such funding to engage in systemic lawsuits, or to investigate and seek legal remedies cases other than individual cases of abuse or neglect; or (C) counseling an individual with a serious mental illness who lacks insight into their condition on refusing medical treatment or acting against the wishes of such individual’s caregiver. . F Limitations on authority 1151. Limitations on SAMHSA programs (a) No sponsoring conferences The Administrator of the Substance Abuse and Mental Health Services Administration shall not host or sponsor any conference that will not be primarily administered by the Substance Abuse and Mental Health Services Administration without giving at least 90 days of prior notification to the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate. (b) Evidence-Based practices The Administrator of the Substance Abuse and Mental Health Services Administration shall not provide any financial assistance for any program relating to mental health or substance use diagnosis or treatment, unless such diagnosis and treatment relies on evidence-based practices. 1152. Elimination of unauthorized SAMHSA programs (a) Elimination of programs without explicit statutory authorization (1) No new programs The Administrator of the Substance Abuse and Mental Health Services Administration may not establish, and the Secretary of Health and Human Services may not delegate to the Administrator responsibility for, any program or project that is not explicitly authorized or required by statute. (2) Termination of existing programs By the end of fiscal year 2014, any program or project of the Substance Abuse and Mental Health Services Administration that is not explicitly authorized or required by statute shall be terminated. (b) Report (1) In general The Assistant Secretary for Mental Health and Substance Use Disorders shall seek to enter into an arrangement with the Institute of Medicine under which the Institute (or, if the Institute declines to enter into such arrangement, another appropriate entity) agrees to submit a report to the Congress not later than July 31, 2014, identifying each program, project, or activity to be terminated under subsection (a). (2) Recommendations The report under paragraph (1) shall recommend whether any of the programs should be retained based on public health data, such as reduced mortality rates and hospitalization within the community for individuals with serious mental illness, thus proving the program has had a demonstrable benefit using public health and epidemiological factors. | https://www.govinfo.gov/content/pkg/BILLS-113hr3717ih/xml/BILLS-113hr3717ih.xml |
113-hr-3718 | I 113th CONGRESS 1st Session H. R. 3718 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mrs. Capps (for herself and Mr. Meehan ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend chapter 81 of title 5, United States Code, to create a presumption that a disability or death of a Federal employee in fire protection activities caused by any of certain diseases is the result of the performance of such employee’s duty.
1. Short title This Act may be cited as the Federal Firefighters Fairness Act of 2013 . 2. Certain diseases presumed to be work-related cause of disability or death for Federal employees in fire protection activities (a) Definition Section 8101 of title 5, United States Code, is amended by striking and at the end of paragraph (19), by striking the period at the end of paragraph (20) and inserting ; and , and by adding at the end the following: (21) employee in fire protection activities means a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who— (A) is trained in fire suppression; (B) has the legal authority and responsibility to engage in fire suppression; (C) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (D) performs such activities as a primary responsibility of his or her job. . (b) Presumption relating to employees in fire protection activities Section 8102 of title 5, United States Code, is amended by adding at the end the following: (c) (1) With regard to an employee in fire protection activities, a disease specified in paragraph (3) shall be presumed to be proximately caused by the employment of such employee, subject to the length of service requirements specified. The disability or death of an employee in fire protection activities due to such a disease shall be presumed to result from personal injury sustained while in the performance of such employee’s duty. Such presumptions may be rebutted by a preponderance of the evidence. (2) Such presumptions apply only if the employee in fire protection activities is diagnosed with the disease for which presumption is sought within 10 years of the last active date of employment as an employee in fire protection activities. (3) The following diseases shall be presumed to be proximately caused by the employment of the employee in fire protection activities: (A) If the employee has been employed for a minimum of 5 years in aggregate as an employee in fire protection activities: (i) Heart disease. (ii) Lung disease. (iii) The following cancers: (I) Brain cancer. (II) Cancer of the blood or lymphatic systems. (III) Leukemia. (IV) Lymphoma (except Hodgkin’s disease). (V) Multiple myeloma. (VI) Bladder cancer. (VII) Kidney cancer. (VIII) Testicular cancer. (IX) Cancer of the digestive system. (X) Colon cancer. (XI) Liver cancer. (XII) Skin cancer. (XIII) Lung cancer. (iv) Any other cancer the contraction of which the Secretary of Labor through regulations determines to be related to the hazards to which an employee in fire protection activities may be subject. (B) Regardless of the length of time an employee in fire protection activities has been employed, any uncommon infectious disease, including but not limited to tuberculosis, hepatitis A, B, or C, the human immunodeficiency virus (HIV), and any other uncommon infectious disease the contraction of which the Secretary of Labor through regulations determines to be related to the hazards to which an employee in fire protection activities may be subject. . (c) Report Not later than 5 years after the date of enactment of this Act, the National Institute of Occupational Safety and Health in the Centers for Disease Control and Prevention shall examine the implementation of this Act and appropriate scientific and medical data related to the health risks associated with firefighting and submit to Congress a report which shall include— (1) an analysis of the injury claims made under this Act; (2) an analysis of the available research related to the health risks associated with firefighting; and (3) recommendations for any administrative or legislative actions necessary to ensure that those diseases most associated with firefighting are included in the presumption created by this Act. (d) Effective date The amendment made by this section applies to an injury that is first diagnosed or a death that occurs, on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3718ih/xml/BILLS-113hr3718ih.xml |
113-hr-3719 | I 113th CONGRESS 1st Session H. R. 3719 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Ms. Eshoo (for herself and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to facilitate retransmission consent negotiations between television broadcast stations and multichannel video programming distributors, to provide greater subscriber choice in cable service tiers, and for other purposes.
1. Short title This Act may be cited as the Video Consumers Have Options in Choosing Entertainment Act of 2013 or the Video CHOICE Act of 2013 . 2. Carriage during retransmission consent negotiation impasse Section 325(b)(3) of the Communications Act of 1934 ( 47 U.S.C. 325(b)(3) ) is amended by adding at the end the following: (D) If a negotiation for a replacement or extended retransmission consent agreement between a television broadcast station and a multichannel video programming distributor reaches an impasse that results in the expiration of the carriage rights of the multichannel video programming distributor, the Commission may, notwithstanding paragraph (1)(A), authorize interim carriage of such station by such distributor pending the conclusion of a new agreement. . 3. Prohibition of agreements conditioned on carriage of affiliated programming (a) In general Section 325(b) of the Communications Act of 1934 ( 47 U.S.C. 325(b) ) is amended by redesignating paragraph (7) as paragraph (8) and inserting after paragraph (6) the following: (7) A television broadcast station that elects to exercise its right to grant retransmission consent under this subsection may not enter into a retransmission consent agreement with a multichannel video programming distributor that is directly or indirectly conditioned on carriage of any other programming affiliated with such station (or with a person who owns or controls, is owned or controlled by, or is under common ownership or control with such station). . (b) No effect on prior agreements The amendment made by subsection (a) shall apply with respect to retransmission consent agreements entered into after the date of the enactment of this Act. 4. Rulemaking on blocking of online content during negotiations Not later than 6 months after the date of the enactment of this Act, the Federal Communications Commission shall complete a rulemaking proceeding to determine whether, during retransmission consent negotiations or after the parties to such negotiations reach an impasse resulting in the expiration of an existing retransmission consent agreement, the blocking of online content owned by or affiliated with a television broadcast station (or a person who owns or controls, is owned or controlled by, or is under common ownership or control with such station) constitutes a failure to negotiate in good faith under section 325(b)(3)(C)(ii) of the Communications Act of 1934 ( 47 U.S.C. 325(b)(3)(C)(ii) ). 5. Cable service tiers (a) Contents of basic service tier Section 623(b)(7)(A) of the Communications Act of 1934 ( 47 U.S.C. 543(b)(7)(A) ) is amended by striking clause (iii). (b) Retransmission consent service tier (1) In general Section 623(b) of the Communications Act of 1934 ( 47 U.S.C. 543(b) ) is amended by adding at the end the following: (9) Retransmission consent service tier (A) In general Each cable operator of a cable system shall offer its subscribers a separately available retransmission consent service tier that consists only of the signal of each television broadcast station electing retransmission consent under section 325(b) that is carried on the cable system. (B) Subject to rate regulation The retransmission consent service tier described in subparagraph (A) shall be subject to rate regulation under this Act to the same extent as the basic service tier described in paragraph (7). . (2) Prohibition on certain bundling Section 623(b)(8)(A) of the Communications Act of 1934 ( 47 U.S.C. 543(b)(8)(A) ) is amended to read as follows: (A) Prohibition A cable operator may not require the subscription to any tier other than the basic service tier required by paragraph (7) as a condition of access to, or discriminate between subscribers to the basic service tier and other subscribers with regard to the rates charged for— (i) video programming offered on a per channel or per program basis; or (ii) the retransmission consent service tier described in paragraph (9). . (3) Conforming amendment Section 623(a)(2)(A) of the Communications Act of 1934 ( 47 U.S.C. 543(a)(2)(A) ) is amended by striking basic cable service and inserting the basic service tier described in subsection (b)(7) . (c) Effective date The amendments made by this section shall take effect on the date that is 6 months after the date of the enactment of this Act. 6. FCC study of sports programming costs For the first year that begins after the date that is 6 months after the date of the enactment of this Act and each year thereafter, the Federal Communications Commission shall conduct a study and submit to Congress a report on the costs paid by multichannel video programming distributors (as defined in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 )) for carriage of regional and national television sports networks in the top 20 regional sports markets, as determined by the Commission. | https://www.govinfo.gov/content/pkg/BILLS-113hr3719ih/xml/BILLS-113hr3719ih.xml |
113-hr-3720 | I 113th CONGRESS 1st Session H. R. 3720 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Scalise (for himself and Mr. Gardner ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 repeal certain provisions of the Communications Act of 1934, title 17 of the United States Code, and the regulations of the Federal Communications Commission that intervened in the television marketplace, and for other purposes.
1. Short title This Act may be cited as the Next Generation Television Marketplace Act . 2. Repeal of regulatory intervention in the television marketplace under the Communications Act of 1934 (a) In general The following sections of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) are hereby repealed: (1) Section 339 ( 47 U.S.C. 339 ). (2) Section 340 ( 47 U.S.C. 340 ). (3) Section 341 ( 47 U.S.C. 341 ). (4) Section 342 ( 47 U.S.C. 342 ). (5) Section 612 ( 47 U.S.C. 532 ). (6) Section 614 ( 47 U.S.C. 534 ). (7) Section 712 ( 47 U.S.C. 612 ). (b) Additional repeal Section 325 of the Communications Act of 1934 ( 47 U.S.C. 325 ) is amended— (1) by striking subsections (b) and (e); and (2) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (c) Amendments (1) Section 338 Section 338 of the Communications Act of 1934 ( 47 U.S.C. 338 ) is amended to read as follows: 338. CARRIAGE OF LOCAL TELEVISION SIGNALS BY SATELLITE CARRIERS (a) Carriage Obligations (1) In general Each satellite carrier providing signals of a qualified noncommercial educational television station in that station’s local market shall carry upon request the signals of all qualified noncommercial educational television stations located within that local market. (2) Low power station carriage optional No low power television station shall be entitled to insist on carriage under this section, nor shall any such carriage be considered in connection with the requirements of subsection (c). (b) Good Signal Required A qualified noncommercial educational television station asserting its right to carriage under subsection (a) shall be required to bear the costs associated with delivering a good quality signal to the designated local receive facility of the satellite carrier or to another facility that is acceptable to at least one-half the stations asserting the right to carriage in the local market. (c) Duplication Not Required The Commission shall prescribe regulations limiting the carriage requirements under subsection (a) of satellite carriers with respect to the carriage of multiple qualified noncommercial educational television stations. To the extent possible, such regulations shall provide the same degree of carriage by satellite carriers of such multiple stations as is provided by cable systems under section 615. (d) Channel Positioning No satellite carrier shall be required to provide the signal of a qualified noncommercial educational television station to subscribers in that station’s local market on any particular channel number or to provide the signals in any particular order, except that the satellite carrier shall retransmit the signal of the qualified noncommercial educational television station to subscribers in the station’s local market on channels reasonably contiguous with other television broadcast channels and provide access to such station’s signals at a nondiscriminatory price and in a nondiscriminatory manner on any navigational device, on-screen program guide, or menu. (e) Compensation for Carriage A satellite carrier shall not accept or request monetary payment or other valuable consideration in exchange either for carriage of qualified noncommercial educational television stations in fulfillment of the requirements of this section or for channel positioning rights provided to such stations under this section, except that any such station may be required to bear the costs associated with delivering a good quality signal to the local receive facility of the satellite carrier. (f) Remedies (1) Complaints by broadcast stations Whenever a qualified noncommercial educational television station believes that a satellite carrier has failed to meet its obligations under subsections (b) through (e), such station shall notify the carrier, in writing, of the alleged failure and identify its reasons for believing that the satellite carrier failed to comply with such obligations. The satellite carrier shall, within 30 days after such written notification, respond in writing to such notification and comply with such obligations or state its reasons for believing that it is in compliance with such obligations. A qualified noncommercial educational television station that disputes a response by a satellite carrier that it is in compliance with such obligations may obtain review of such denial or response by filing a complaint with the Commission. Such complaint shall allege the manner in which such satellite carrier has failed to meet its obligations and the basis for such allegations. (2) Opportunity to respond The Commission shall afford the satellite carrier against which a complaint is filed under paragraph (1) an opportunity to present data and arguments to establish that there has been no failure to meet its obligations under this section. (3) Remedial actions; dismissal Within 120 days after the date a complaint is filed under paragraph (1), the Commission shall determine whether the satellite carrier has met its obligations under subsections (b) through (e). If the Commission determines that the satellite carrier has failed to meet such obligations, the Commission shall order the satellite carrier to take appropriate remedial action. If the Commission determines that the satellite carrier has fully met the requirements of such subsections, the Commission shall dismiss the complaint. (g) Privacy Rights of Satellite Subscribers (1) Notice At the time of entering into an agreement to provide any satellite service or other service to a subscriber and at least once a year thereafter, a satellite carrier shall provide notice in the form of a separate, written statement to such subscriber that clearly and conspicuously informs the subscriber of— (A) the nature of personally identifiable information collected or to be collected with respect to the subscriber and the nature of the use of such information; (B) the nature, frequency, and purpose of any disclosure which may be made of such information, including an identification of the types of persons to whom the disclosure may be made; (C) the period during which such information will be maintained by the satellite carrier; (D) the times and place at which the subscriber may have access to such information in accordance with paragraph (5); and (E) the limitations provided by this subsection with respect to the collection and disclosure of information by a satellite carrier and the right of the subscriber under paragraphs (7) and (9) to enforce such limitations. In the case of subscribers who have entered into such an agreement before February 6, 2005, such notice shall be provided within 180 days of such date and at least once a year thereafter. (2) Definitions For purposes of this subsection, other than paragraph (9)— (A) the term personally identifiable information does not include any record of aggregate data which does not identify particular persons; (B) the term other service includes any wire or radio communications service provided using any of the facilities of a satellite carrier that are used in the provision of satellite service; and (C) the term satellite carrier includes, in addition to persons within the definition of satellite carrier, any person who— (i) is owned or controlled by, or under common ownership or control with, a satellite carrier; and (ii) provides any wire or radio communications service. (3) Prohibitions (A) Consent to collection Except as provided in subparagraph (B), a satellite carrier shall not use any facilities used by the satellite carrier to collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned. (B) Exceptions A satellite carrier may use such facilities to collect such information in order to— (i) obtain information necessary to render a satellite service or other service provided by the satellite carrier to the subscriber; or (ii) detect unauthorized reception of satellite communications. (4) Disclosure (A) Consent to disclosure Except as provided in subparagraph (B), a satellite carrier shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or satellite carrier. (B) Exceptions A satellite carrier may disclose such information if the disclosure is— (i) necessary to render, or conduct a legitimate business activity related to, a satellite service or other service provided by the satellite carrier to the subscriber; (ii) subject to paragraph (9), made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; (iii) a disclosure of the names and addresses of subscribers to any satellite service or other service, if— (I) the satellite carrier has provided the subscriber the opportunity to prohibit or limit such disclosure; and (II) the disclosure does not reveal, directly or indirectly, the— (aa) extent of any viewing or other use by the subscriber of a satellite service or other service provided by the satellite carrier; or (bb) the nature of any transaction made by the subscriber over any facilities used by the satellite carrier; or (iv) to a government entity as authorized under chapter 119, 121, or 206 of title 18, United States Code, except that such disclosure shall not include records revealing satellite subscriber selection of video programming from a satellite carrier. (5) Access by subscriber A satellite subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by a satellite carrier. Such information shall be made available to the subscriber at reasonable times and at a convenient place designated by such satellite carrier. A satellite subscriber shall be provided reasonable opportunity to correct any error in such information. (6) Destruction of information A satellite carrier shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under paragraph (5) or pursuant to a court order. (7) Penalties Any person aggrieved by any act of a satellite carrier in violation of this subsection may bring a civil action in a United States district court. The court may award— (A) actual damages but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher; (B) punitive damages; and (C) reasonable attorneys’ fees and other litigation costs reasonably incurred. The remedy provided by this subsection shall be in addition to any other lawful remedy available to a satellite subscriber. (8) Rule of construction Nothing in this subsection shall be construed to prohibit any State from enacting or enforcing laws consistent with this subsection for the protection of subscriber privacy. (9) Court orders Except as provided in paragraph (4)(B)(iv), a governmental entity may obtain personally identifiable information concerning a satellite subscriber pursuant to a court order only if, in the court proceeding relevant to such court order— (A) such entity offers clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case; and (B) the subject of the information is afforded the opportunity to appear and contest such entity’s claim. (h) Regulations by Commission The regulations prescribed under this section shall include requirements on satellite carriers that are comparable to the requirements on cable operators under paragraphs (1) and (2) of section 615(g). (i) Definitions As used in this section: (1) Distributor The term distributor means an entity that contracts to distribute secondary transmissions from a satellite carrier and, either as a single channel or in a package with other programming, provides the secondary transmission either directly to individual subscribers or indirectly through other program distribution entities. (2) Local receive facility The term local receive facility means the reception point in each local market which a satellite carrier designates for delivery of the signal of the station for purposes of retransmission. (3) Local market (A) In general The term local market , in the case of a qualified noncommercial educational television station, means the designated market area in which a station is located and includes any station that is licensed to a community within the same designated market area as such station. (B) County of license In addition to the area described in subparagraph (A), a station’s local market includes the county in which the station’s community of license is located. (C) Designated market area For purposes of subparagraph (A), the term designated market area means a designated market area, as determined by Nielsen Media Research and published in the 1999–2000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication. (D) Certain areas outside of any designated market area Any census area, borough, or other area in the State of Alaska that is outside of a designated market area, as determined by Nielsen Media Research, shall be deemed to be part of one of the local markets in the State of Alaska. A satellite carrier may determine which local market in the State of Alaska will be deemed to be the relevant local market in connection with each subscriber in such census area, borough, or other area. (4) Low power television station The term low power television station means a low power television station as defined under section 74.701(f) of title 47, Code of Federal Regulations, as in effect on June 1, 2004. For purposes of this paragraph, the term low power television station includes a low power television station that has been accorded primary status as a Class A television licensee under section 73.6001(a) of title 47, Code of Federal Regulations. (5) Qualified noncommercial educational television station The term qualified noncommercial educational television station has the meaning given such term in section 615. (6) Satellite carrier The term satellite carrier has the meaning given such term in section 111(c) of title 17, United States Code. (7) Subscriber The term subscriber means a person or entity that receives a secondary transmission service from a satellite carrier and pays a fee for the service, directly or indirectly, to the satellite carrier or to a distributor. . (2) Section 623 Section 623 of the Communications Act of 1934 ( 47 U.S.C. 543 ) is amended to read as follows: 623. Regulation of rates and broadcast signal carriage No Federal agency, State, or franchising authority may regulate— (1) the rates for the provision of the service of a multichannel video programming distributor; or (2) the retransmission of television broadcast signals by a multichannel video programming distributor except in accordance with the requirements of sections 338 and 615 related to qualified noncommercial educational television stations. . (d) Conforming amendments (1) Section 309 Section 309(c)(2)(F) of the Communications Act of 1934 ( 47 U.S.C. 309(c)(2)(F) ) is amended by striking section 325(c) and inserting section 325(b) . (2) Section 336 Section 336(b)(3) of the Communications Act of 1934 ( 47 U.S.C. 336(b)(3) ) is amended by striking 614 or . (3) Section 613 Section 613 of the Communications Act of 1934 ( 47 U.S.C. 533 ) is amended by striking subsection (a). (4) Section 615 Section 615 of the Communications Act of 1934 ( 47 U.S.C. 535 ) is amended— (A) in subsection (a), by striking In addition to the carriage requirements set forth in section 614, each and inserting Each ; (B) by striking subsection (f); and (C) in subsection (l), by striking paragraph (1) and inserting the following: (1) Qualified noncommercial educational television station (A) In general The term qualified noncommercial educational television station means any full-power television broadcast station which— (i) under the rules and regulations of the Commission in effect on March 29, 1990, is licensed by the Commission as a noncommercial educational television broadcast station and is owned and operated by a public agency, nonprofit foundation, nonprofit corporation, or nonprofit association; or (ii) is owned and operated by a municipality and transmits predominantly noncommercial programs for educational purposes. (B) Inclusions Such term includes— (i) the translator of any noncommercial educational television station with five watts or higher power serving the franchise area; (ii) a full-service station or translator if such station or translator is licensed to a channel reserved for noncommercial educational use pursuant to section 73.606 of title 47, Code of Federal Regulations, or any successor regulations thereto; and (iii) such stations and translators operating on channels not so reserved as the Commission determines are qualified as noncommercial educational stations. . (5) Section 621 Section 621(b)(3)(D) of the Communications Act of 1934 ( 47 U.S.C. 541(b)(3)(D) ) is amended by striking sections 611 and 612 and inserting section 611 . (6) Section 622 Section 622(c) of the Communications Act of 1934 ( 47 U.S.C. 542(c) ) is amended by striking pursuant to section 623 . (7) Section 625 Section 625 of the Communications Act of 1934 ( 47 U.S.C. 545 ) is amended— (A) in subsection (c)— (i) by striking rearrange, replace, and inserting replace ; (ii) in paragraph (1), by striking ; or and inserting a period; (iii) by striking paragraph (2); and (iv) by striking franchise if— and all that follows through such service is no longer and inserting franchise if such service is no longer ; and (B) in subsection (d), by striking , if the rates and all that follows and inserting a period. (8) Section 632 Section 632(c) of the Communications Act of 1934 ( 47 U.S.C. 552(c) ) is amended by striking section 623(b)(6) or . (9) Section 635 Section 635(c) of the Communications Act of 1934 ( 47 U.S.C. 555(c) ) is amended by striking 614 or each place it appears. (10) Section 638 Section 638 of the Communications Act of 1934 ( 47 U.S.C. 558 ) is amended by striking or on any other channel obtained under section 612 or under similar arrangements . (11) Section 653 Section 653 of the Communications Act of 1934 ( 47 U.S.C. 573 ) is amended— (A) in subsection (b)(1)— (i) in subparagraph (A), by striking , 614, ; (ii) in subparagraph (C), by adding and at the end; and (iii) by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D); and (B) in subsection (c)(1)— (i) in subparagraph (A)— (I) by striking (other than subsection (a) thereof) ; and (II) by striking 623(f), ; (ii) in subparagraph (B)— (I) by striking , 614, ; and (II) by striking , and section 325 of title III, ; and (iii) in subparagraph (C)— (I) by striking sections 612 and 617 and inserting section 617 ; and (II) by striking 623(f), . 3. Repeal of regulatory intervention in the television marketplace under the Copyright Act (a) In general (1) Repeal Sections 119, 122, and 510 of title 17, United States Code, are hereby repealed. (2) Conforming amendments The table of sections at the beginning of— (A) chapter 1 of title 17, United States Code, is amended by striking the items related to sections 119 and 122; and (B) chapter 5 of title 17, United States Code, is amended by striking the item related to section 510. (b) Amendments Section 111 of title 17, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking local service area of such station and inserting designated market area (as defined in section 501(f)(2)) ; and (ii) by striking or after the semicolon; (B) in paragraph (2) by striking or after the semicolon; and (C) by amending paragraph (4) to read as follows: (4) the secondary transmission— (A) is made by— (i) a cable system in accordance with section 615 of the Communications Act of 1934 ( 47 U.S.C. 535 ); or (ii) a satellite carrier in accordance with section 338 of the Communications Act of 1934 ( 47 U.S.C. 338 ); and (B) is consistent with the rules, regulations, and authorizations of the Federal Communications Commission; or ; (2) in subsection (b) by striking subsections (a) and (c) and inserting subsection (a) ; (3) by striking subsections (c), (d), and (e); (4) by redesignating subsection (f) as subsection (c); and (5) in subsection (c), as so redesignated— (A) in paragraph (3), by striking the second sentence; (B) by striking paragraphs (4) through (13); and (C) by adding at the end the following new paragraphs: (4) Satellite carrier The term satellite carrier means an entity that uses the facilities of a satellite or satellite service licensed by the Federal Communications Commission and operates in the Fixed-Satellite Service or the Direct Broadcast Satellite Service under part 25 of title 47, Code of Federal Regulations, to establish and operate a channel of communications for point-to-multipoint distribution of television station signals, and that owns or leases a capacity or service on a satellite in order to provide such point-to-multipoint distribution, except to the extent that such entity provides such distribution pursuant to tariff under the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ), other than for private home viewing. (5) Private home viewing The term private home viewing means the viewing, for private use in a household by means of satellite reception equipment that is operated by an individual in that household and that serves only such household, of a secondary transmission delivered by a satellite carrier of a primary transmission of a television station licensed by the Federal Communications Commission. . (c) Conforming amendments Title 17, United States Code, is amended— (1) in section 106, by striking 122 and inserting 121 ; (2) in section 110(8), by striking section 111(f) and inserting section 111(c) ; (3) in section 114(d)(1)(B)(iii), by striking section 111(f) and inserting section 111(c) ; (4) in section 501— (A) in subsection (a), by striking 122 and inserting 121 ; (B) by striking subsections (c), (d), and (e); and (C) by amending subsection (f) to read as follows: (f) (1) With respect to any secondary transmission that is made by a cable system or by a satellite carrier of a performance or display of a work embodied in a primary transmission and is actionable as an act of infringement under section 111, a television broadcast station holding a copyright or other license to transmit or perform the same version of that work shall, for purposes of subsection (b), be treated as a legal or beneficial owner if such secondary transmission occurs within the designated market area of that station. (2) For purposes of this subsection, the term designated market area means a designated market area, as determined by Nielsen Media Research and published in the 1999–2000 Nielsen Station Index Directory and Nielsen Station Index United States Television Household Estimates or any successor publication. ; (5) in section 511(a), by striking 122 and inserting 121 ; (6) in section 708(a)— (A) in paragraph (8), by inserting and after the semicolon; (B) in paragraph (9), by striking the semicolon and inserting a period; (C) by striking paragraphs (10) and (11); and (D) by striking Fees established under paragraphs (10) and (11) shall be reasonable and may not exceed one-half of the cost necessary to cover reasonable expenses incurred by the Copyright Office for the collection and administration of the statements of account and any royalty fees deposited with such statements. ; (7) in section 801— (A) in subsection (b)— (i) in paragraph (1) by striking 119, ; (ii) by striking paragraph (2); (iii) by redesignating paragraphs (3), (4), (5), (6), (7), and (8) as paragraphs (2), (3), (4), (5), (6), and (7), respectively; and (iv) in paragraph (2), as so redesignated— (I) in subparagraph (A), by striking , as the case may be, ; (II) in subparagraph (B), by striking , as the case may be ; and (III) in subparagraph (C), by striking section 804(b)(8) and inserting section 804(b)(7) ; (B) by striking sections 111, 119, and each place it appears and inserting section ; and (C) by striking 111, 119, or each place it appears; (8) in section 803— (A) in subsection (b)(1)(A)(i)— (i) by striking 111, ; (ii) by striking 119, ; and (iii) in subclause (V), by striking , except that the publication of notice requirement shall not apply in the case of proceedings under section 111 that are scheduled to commence in 2005 ; (B) in subsection (d)(2)(C)(i)— (i) by striking 111, ; and (ii) by striking 119, ; and (C) in subsection (e)(2)— (i) by striking 111, ; and (ii) by striking 118, or 119 and inserting or 118 ; and (9) in section 804— (A) in subsection (a)— (i) by striking paragraphs (1) and (2) and inserting paragraph (1) ; (ii) by striking 111, ; and (iii) by striking 119, ; and (B) in subsection (b)— (i) by striking paragraph (1); (ii) by redesignating paragraphs (2), (3), (4), (5), (6), (7), and (8) as paragraphs (1), (2), (3), (4), (5), (6), and (7), respectively; and (iii) in paragraph (7), as so redesignated— (I) by striking section 801(b)(3) and inserting section 801(b)(2) ; and (II) by striking 111, 119, or . 4. Repeal of Commission’s rules related to regulatory intervention The Federal Communications Commission shall take all actions necessary to— (1) repeal section 73.658 of the Commission’s rules (47 CFR 73.658); (2) repeal subpart D of part 76 of the Commission’s rules, except to the extent such subpart relates to the carriage of qualified noncommercial educational television stations consistent with the amendments made by this Act; (3) repeal subpart F of part 76 of the Commission’s rules; (4) modify subpart S of part 76 of the Commission’s rules by eliminating any requirements relating to network nonduplication, syndicated exclusivity, and sports blackout for open video systems; and (5) modify the broadcast ownership limitations set forth in section 73.3555 of the Commission’s rules (47 CFR 73.3555) by eliminating— (A) the restrictions on the number of broadcast television stations that a person or entity may directly or indirectly own, operate, or control in the same designated market area (as such term is defined under section 501(f)(2) of title 17, United States Code), as described in paragraph (b) of such section 73.3555; (B) the radio-television cross-ownership rule, as described in paragraph (c) of such section 73.3555; and (C) the limitations on the direct or indirect ownership, operation, or control of a broadcast television station by a person or entity that directly or indirectly owns, operates, or controls a daily newspaper, as that term was defined in note 6 to section 73.3555 of the Commission’s rules (47 CFR 73.3555) in effect on October 1, 2011, as described in paragraph (d) of such section 73.3555. 5. Effective date Except as provided in section 6, this Act, and the amendments made by this Act, shall take effect on January 1, 2018. 6. Continued collection and distribution of previously due royalties Notwithstanding section 5, the collection and distribution of royalties due for secondary transmissions made pursuant to sections 111 and 119 of title 17, United States Code, prior to January 1, 2018, shall continue to be governed by such title and the rules of the Register of Copyrights and Copyright Royalty Judges as in effect prior to the date of enactment of this Act until such time as the Register certifies that all royalties collected pursuant to such provisions have been distributed. | https://www.govinfo.gov/content/pkg/BILLS-113hr3720ih/xml/BILLS-113hr3720ih.xml |
113-hr-3721 | I 113th CONGRESS 1st Session H. R. 3721 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Latham introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize the America’s Agricultural Heritage Partnership.
1. Short title This Act may be cited as the America’s Agricultural Heritage Partnership Reauthorization Act . 2. Reauthorization of the America’s agricultural heritage partnership Section 707 of division II of the Omnibus Parks and Public Lands Management Act of 1996 ( 16 U.S.C. 461 note; Public Law 104–333 ) is amended by striking September 30, 2013 and inserting September 30, 2023 . | https://www.govinfo.gov/content/pkg/BILLS-113hr3721ih/xml/BILLS-113hr3721ih.xml |
113-hr-3722 | I 113th CONGRESS 1st Session H. R. 3722 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Latham (for himself and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide protections for certain sports medicine professionals who provide certain medical services in a secondary State.
1. Protections for covered sports medicine professionals (a) In general If a covered sports medicine professional provides covered medical services to an athlete, an athletic team, or a staff member of an athlete or athletic team in a secondary State, such services shall be deemed to have been provided in the primary State for the following purposes: (1) Determining the medical professional liability insurance of that professional. (2) Determining the civil and criminal malpractice liability of that professional. 2. Definitions In this Act the following definitions apply: (1) Athlete The term athlete means an individual — (A) competing in a sporting event sponsored or sanctioned by a national governing body; or (B) for whom an institution of higher education provides a covered sports medicine professional. (2) Athletic team The term athletic team means a sports team— (A) composed of individuals who are paid to participate on the team; (B) composed of individuals who are competing in a sporting event sponsored or sanctioned by a national governing body; or (C) for which an institution of higher education provides a covered sports medicine professional. (3) Covered medical services The term covered medical services means general medical care, emergency medical care, or athletic training services. Such term does not include care provided by a covered sports medicine professional— (A) at a health care facility; or (B) while a health care provider legally authorized to practice in the secondary State is transporting the injured individual to a health care facility. (4) Covered sports medicine professional The term covered sports medicine professional means a physician or athletic trainer who— (A) is legally authorized to practice in the primary State; (B) provides covered medical services, pursuant to a written agreement with an athletic team, national governing body, or institution of higher education, to an individual who is a member or staff of the athletic team; and (C) prior to providing the covered medical services described in subparagraph (B), has disclosed the nature and extent of such services to the entity that provides the physician or athletic trainer with medical professional liability insurance in the primary State. (5) Health care facility The term health care facility means a facility in which medical care, diagnosis, or treatment is provided on an inpatient or outpatient basis. Such term does not include facilities at an arena or stadium or temporary facilities existing for events where athletic teams are competing. (6) 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 ). (7) National governing body The term national governing body has the meaning given such term in section 220501 of title 36, United States Code. (8) Primary State The term primary State means the State in which the covered sports medicine professional is legally authorized to practice. (9) Secondary State The term secondary State means any State in which the covered sports medicine professional is not legally authorized to practice. (10) State The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States. | https://www.govinfo.gov/content/pkg/BILLS-113hr3722ih/xml/BILLS-113hr3722ih.xml |
113-hr-3723 | I 113th CONGRESS 1st Session H. R. 3723 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Cassidy (for himself, Mr. Guthrie , and Mr. Dent ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 the Public Health Service Act to revise and extend the program for viral hepatitis surveillance, education, and testing in order to prevent deaths from chronic liver disease and liver cancer, and for other purposes.
1. Short title This Act may be cited as the Viral Hepatitis Testing Act of 2013 . 2. Findings Congress finds the following: (1) Approximately 5,300,000 Americans are chronically infected with the hepatitis B virus (referred to in this section as HBV ), the hepatitis C virus (referred to in this section as HCV ), or both. (2) In the United States, chronic HBV and HCV are among the most common causes of liver cancer, one of the most lethal and fastest growing cancers in the United States. Chronic HBV and HCV are among the most common causes of chronic liver disease, liver cirrhosis, and the most common indication for liver transplantation. More than 15,000 deaths per year in the United States can be attributed to chronic HBV and HCV. Chronic HCV is also a leading cause of death in Americans living with HIV/AIDS. Many of those living with HIV/AIDS are coinfected with chronic HBV, HCV, or both. (3) According to the Centers for Disease Control and Prevention (referred to in this section as the CDC ), approximately 2 percent of the population of the United States is living with chronic HBV, HCV, or both. The CDC has recognized HCV as the Nation’s most common chronic bloodborne virus infection. (4) HBV is easily transmitted and is 100 times more infectious than HIV. According to the CDC, HBV is transmitted through contact with infectious blood, semen, or other body fluids. HCV is transmitted by contact with infectious blood, particularly through percutaneous exposures (i.e. puncture through the skin). (5) The CDC conservatively estimates that in 2011 approximately 16,600 Americans were newly infected with HCV and more than 18,800 Americans were newly infected with HBV. These estimates could be much higher due to many reasons, including lack of screening education and awareness, and perceived marginalization of the populations at risk. (6) In 2012 CDC released new guidelines recommending every person born from 1945 through 1965 receive a one-time HCV test. Among the estimated 102 million (1.6 million chronically HCV-infected) eligible for screening, birth-cohort screening leads to 74,000 fewer cases of decompensated cirrhosis, 46,000 fewer cases of hepatocellular carcinoma, 15,000 fewer liver transplants and 120,000 fewer HCV-related deaths versus risk-based screening. (7) In 2013, the United States Preventative Task Force (USPSTF) issued a Grade B rating for screening for hepatitis C virus (HCV) infection in persons at high risk for infection and adults born between 1945 and 1965. In 2009, the USPSTF issued a Grade A for screening pregnant women for the hepatitis B virus (HBV) during their first prenatal visit. (8) There were 35 outbreaks (19 of HBV, 16 of HCV) reported to CDC for investigation from 2008–2012 related to healthcare acquired infection of HBV and HCV, 33 of which occurred in non-hospital settings. There were more than 99,975 patients potentially exposed to one of the viruses. (9) Chronic HBV and chronic HCV usually do not cause symptoms early in the course of the disease, but after many years of a clinically silent phase, CDC estimates show more than 33 percent of infected individuals will develop cirrhosis, end-stage liver disease, or liver cancer. Since most individuals with chronic HBV, HCV, or both are unaware of their infection, they do not know to take precautions to prevent the spread of their infection and can unknowingly exacerbate their own disease progression. (10) HBV and HCV disproportionately affect certain populations in the United States. Although representing about 6 percent of the population, Asian and Pacific Islanders account for over half of up to 1,400,000 domestic chronic HBV cases. Baby boomers (those born between 1945 and 1965) account for more than 75 percent of domestic chronic HCV cases. In addition, African-Americans, Latinos (Latinas), and American Indian/Native Alaskans are among the groups which have disproportionately high rates of HBV infections, HCV infections, or both in the United States. (11) For both chronic HBV and chronic HCV, behavioral changes can slow disease progression if a diagnosis is made early. Early diagnosis, which is determined through simple diagnostic tests, can also reduce the risk of transmission and disease progression through education and vaccination of household members and other susceptible persons at risk. (12) Advancements have led to the development of improved diagnostic tests for viral hepatitis. These tests, including rapid, point of care testing and others in development, can facilitate testing, notification of results and post-test counseling, and referral to care at the time of the testing visit. In particular, these tests are also advantageous because they can be used simultaneously with HIV rapid testing for persons at risk for both HCV and HIV infections. (13) For those chronically infected with HBV or HCV, regular monitoring can lead to the early detection of liver cancer at a stage where a cure is still possible. Liver cancer is the second deadliest cancer in the United States; however, liver cancer has received little funding for research, prevention, or treatment. (14) Treatment for chronic HCV can eradicate the disease in approximately 75 percent of those currently treated. The treatment of chronic HBV can effectively suppress viral replication in the overwhelming majority (over 80 percent) of those treated, thereby reducing the risk of transmission and progression to liver scarring or liver cancer, even though a complete cure is much less common than for HCV. (15) To combat the viral hepatitis epidemic in the United States, in May 2011, the Department of Health and Human Services released, Combating the Silent Epidemic of Viral Hepatitis: Action Plan for the Prevention, Care & Treatment of Viral Hepatitis. The Institute of Medicine of the National Academies produced a 2010 report on the Federal response to HBV and HCV titled: Hepatitis and Liver Cancer: A National Strategy for Prevention and Control of Hepatitis B and C. The recommendations and guidelines provide a framework for HBV and HCV prevention, education, control, research, and medical management programs. (16) The annual health care costs attributable to viral hepatitis in the United States are significant. For HBV, it is estimated to be approximately $2,500,000,000 ($2,000 per infected person). In 2000, the lifetime cost of HBV—before the availability of most current therapies—was approximately $80,000 per chronically infected person, totaling more than $100,000,000,000. For HCV, medical costs for patients are expected to increase from $30,000,000,000 in 2009 to over $85,000,000,000 in 2024. Avoiding these costs by screening and diagnosing individuals earlier—and connecting them to appropriate treatment and care will save lives and critical health care dollars. Currently, without a comprehensive screening, testing and diagnosis program, most patients are diagnosed too late when they need a liver transplant costing at least $314,000 for uncomplicated cases or when they have liver cancer or end stage liver disease which costs between $30,980 to $110,576 per hospital admission. As health care costs continue to grow, it is critical that the Federal Government invests in effective mechanisms to avoid documented cost drivers. (17) According to the Institute of Medicine report in 2010 (described in paragraph (13)), chronic HBV and HCV infections cause substantial morbidity and mortality despite being preventable and treatable. Deficiencies in the implementation of established guidelines for the prevention, diagnosis, and medical management of chronic HBV and HCV infections perpetuate personal and economic burdens. Existing grants are not sufficient to address the scale of the health burden presented by HBV and HCV. (18) The Secretary of Health and Human Services has the discretion to carry out this Act directly and through whichever of the agencies of the Public Health Service the Secretary determines to be appropriate, which may (in the Secretary’s discretion) include the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the National Institutes of Health (including the National Institute on Minority Health and Health Disparities), and other agencies of such Service. (19) For over a decade, the Centers for Disease Control and Prevention’s Viral Hepatitis Prevention Coordinator (VHPC) program has been the only national program dedicated to the prevention and control of the viral hepatitis epidemics administering the duties currently specified by Section 317N of the Public Health Service Act ( 42 U.S.C. 247b–15 ) at State and local health departments. VHPCs provide the technical expertise necessary for the management and coordination of activities to prevent viral hepatitis infection and disease with little to no Federal funding for program implementation or development. Further, these coordinators help integrate viral hepatitis prevention services into health care settings and public health programs that serve adults at risk for viral hepatitis. 3. Revision and extension of hepatitis surveillance, education, and testing program (a) In general Section 317N of the Public Health Service Act ( 42 U.S.C. 247b–15 ) is amended— (1) by amending the section heading to read as follows: Surveillance, education, testing, and linkage to care regarding hepatitis virus ; (2) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively; and (3) by striking subsection (a) and inserting the following: (a) In general The Secretary shall, in accordance with this section, carry out surveillance, education, and testing programs with respect to hepatitis B and hepatitis C virus infections (referred to in this section as HBV and HCV , respectively). The Secretary may carry out such programs directly and through grants to public and nonprofit private entities, including States, political subdivisions of States, territories, Indian tribes, and public-private partnerships. (b) National system In carrying out subsection (a), the Secretary shall, in consultation with States and other public or nonprofit private entities and public-private partnerships described in subsection (d), establish a national system with respect to HBV and HCV with the following goals: (1) To determine the incidence and prevalence of such infections, including providing for the reporting of acute and chronic cases. (2) With respect to the population of individuals who have such an infection, to carry out testing programs to increase the number of individuals who are aware of their infection to 50 percent by December 31, 2014, and to 75 percent by December 31, 2016. (3) To develop and disseminate public information and education programs for the detection and control of such infections. (4) To improve the education, training, and skills of health professionals in the detection, control, and care and treatment, of such infections. (5) To provide appropriate referrals for counseling and medical care and treatment of infected individuals and to ensure, to the extent practicable, the provision of appropriate follow-up services. (c) High-Risk populations; chronic cases (1) In general The Secretary shall determine the populations that, for purposes of this section, are considered at high-risk for HBV or HCV. The Secretary shall include the following among those considered at high-risk: (A) For HBV, individuals born in countries in which 2 percent or more of the population has HBV or who are a part of a high-risk category as identified by the Centers for Disease Control and Prevention. (B) For HCV, individuals born between 1945 and 1965 or who are a part of a high-risk category as identified by the Centers for Disease Control and Prevention. (C) Those who have been exposed to the blood of infected individuals or of high-risk individuals or who are family members of such individuals. (2) Priority in programs In providing for programs under this section, the Secretary shall give priority— (A) to early diagnosis of chronic cases of HBV or HCV in high-risk populations under paragraph (1); and (B) to education, and referrals for counseling and medical care and treatment, for individuals diagnosed under subparagraph (A) in order to— (i) reduce their risk of dying from end-stage liver disease and liver cancer, and of transmitting the infection to others; (ii) determine the appropriateness for treatment to reduce the risk of progression to cirrhosis and liver cancer; (iii) receive ongoing medical management, including regular monitoring of liver function and screenings for liver cancer; (iv) receive, as appropriate, drug, alcohol abuse, and mental health treatment; (v) in the case of women of childbearing age, receive education on how to prevent HBV perinatal infection, and to alleviate fears associated with pregnancy or raising a family; and (vi) receive such other services as the Secretary determines to be appropriate. (3) Cultural context In providing for services pursuant to paragraph (2) for individuals who are diagnosed under subparagraph (A) of such paragraph, the Secretary shall seek to ensure that the services are provided in a culturally and linguistically appropriate manner. (d) Public-Private partnerships (1) In general In carrying out this section, and not later than 60 days after the date of the enactment of the Viral Hepatitis Testing Act of 2013 , the Secretary shall, in consultation with the Assistant Secretary for Health, the Director of the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Substance Abuse and Mental Health Services Administration, the Office of Minority Health, the Indian Health Service, other relevant agencies, and non-government stakeholder entities, establish and support public-private partnerships that facilitate the surveillance, education, screening, testing, and linkage to care programs authorized by this section. (2) Duties Public-private partnerships established or supported under paragraph (1) shall— (A) focus primarily on the surveillance, education, screening, testing, and linkage to care programs authorized by this section; (B) generate resources, in addition to the funds made available pursuant to subsection (f), to carry out the surveillance, education, screening, testing, and linkage to care programs authorized in this section by leveraging Federal funding with non-Federal funding and support; (C) allow for investments in such programs of financial or in-kind resources by each of the partners involved in the partnership; (D) include corporate and industry entities, academic institutions, public and non-profit organizations, community and faith-based organizations, foundations, and other governmental and non-governmental organizations; and (E) advance the core goals of each of the partners of the partnership as determined by the Secretary in development of the partnership. (3) Annual reports The Secretary shall provide to the Congress an annual report on the public-private partnerships established under this subsection. Each such report shall include— (A) the number of public-private partnerships established; (B) specific and quantifiable information on the surveillance, education, screening, testing, and linkage to care activities conducted as well as the outcomes achieved through each of the public-private partnerships; (C) the amount of Federal funding or resources dedicated to the public-private partnerships; (D) the amount of non-Federal funding or resources leveraged through the public-private partnerships; and (E) a plan for the following year that outlines future activities. (4) Limitation No more than 25 percent of the funds made available to carry out this section may be used for public-private partnerships established or supported under this subsection. (5) Linkage to care For purposes of this section, the term linkage to care means, with respect to an individual with a diagnosis of HBV or HCV, the referral of such individual to clinical care for a thorough evaluation of their clinical status to determine the need for treatment, vaccination for HBV, or other therapy. (e) Agency for healthcare research and quality HBV and HCV guidelines Due to the rapidly evolving standard of care associated with diagnosing and treating viral hepatitis infection, the Director of the Agency for Healthcare Research and Quality shall convene the Preventive Services Task Force under section 915(a) to review its recommendation for screening for HBV and HCV infection every 3 years. (f) Funding (1) In general In addition to any amounts otherwise authorized by this Act, there are authorized to be appropriated to carry out this section— (A) $25,000,000 for fiscal year 2014; (B) $35,000,000 for fiscal year 2015; and (C) $20,000,000 for fiscal year 2016. (2) Grants Of the amounts appropriated pursuant to paragraph (1) for a fiscal year, the Secretary shall reserve not less than 80 percent for making grants under subsection (a). (3) Source of funds The funds made available to carry out this section shall be derived exclusively from the funds appropriated or otherwise made available for planning and evaluation under this Act. . (b) Savings Provision The amendments made by this section shall not be construed to require termination of any program or activity carried out by the Secretary of Health and Human Services under section 317N of the Public Health Service Act ( 42 U.S.C. 247b–15 ) as in effect on the day before the date of the enactment of this Act. 4. Hepatitis C screening and evaluation of needed care for veterans (a) In general Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following: 1720H. Hepatitis C screening and evaluation of needed care for veterans (a) In general (1) The Secretary shall establish and carry out a plan to provide veterans described in paragraph (2) with— (A) a risk assessment for the hepatitis C virus; and (B) if a veteran is diagnosed with such virus— (i) a thorough evaluation of the clinical status of the veteran to determine the need for treatment, vaccination, or other therapy; and (ii) information with respect to the needs determined under clause (i). (2) Veterans described in this paragraph are veterans who— (A) are enrolled in the health care system established under section 1705(a) of this title; and (B) were born between 1945 and 1965. (b) Compliance (1) The Secretary shall use the plan established under subsection (a)(1) as a key measure in determining performance under the VA Handbook Performance Management System, or the successor to such handbook, to ensure the compliance of such plan. (2) If the Secretary determines that a medical facility of the Department complies with the plan established under subsection (a)(1) at a rate less than 100 percent, the Secretary shall treat the director of such medical facility as less than fully successful with respect to the performance appraisal that is used for the basis for determining performance awards under the handbook described in paragraph (1). (c) Annual report The Secretary shall submit annually to Congress a report on the compliance of each medical facility of the Department with the plan established under subsection (a)(1). . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1720G the following new item: 1720H. Hepatitis C screening and evaluation of needed care for veterans. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3723ih/xml/BILLS-113hr3723ih.xml |
113-hr-3724 | I 113th CONGRESS 1st Session H. R. 3724 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Smith of Texas (for himself, Mr. Cohen , Mr. Coble , Mr. Bachus , and Mr. Chabot ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To promote neutrality, simplicity, and fairness in the taxation of digital goods and digital services.
1. Short title This Act may be cited as the Digital Goods and Services Tax Fairness Act of 2013 . 2. Multiple and discriminatory taxes prohibited No State or local jurisdiction shall impose multiple or discriminatory taxes on the sale or use of a digital good or a digital service. 3. Sourcing limitation Subject to section 6(a), taxes on the sale of a digital good or a digital service may only be imposed by a State or local jurisdiction whose territorial limits encompass the customer tax address. 4. Customer tax address (a) Seller obligation (1) In general Subject to subsection (e)(2), a seller shall be responsible for obtaining and maintaining in the ordinary course of business the customer tax address with respect to the sale of a digital good or a digital service, and shall be responsible for collecting and remitting the correct amount of tax for the State and local jurisdictions whose territorial limits encompass the customer tax address if the State has the authority to require such collection and remittance by the seller. (2) Certain transactions When a customer tax address is not a business location of the seller under clause (i) of section 7(2)(A)— (A) if the sale is a separate and discrete transaction, then a seller shall use reasonable efforts to obtain a customer tax address, as such efforts are described in clauses (iii), (iv), and (v) of section 7(2)(A), before resorting to using a customer tax address as determined by clause (vi) of such section 7(2)(A); and (B) if the sale is not a separate and discrete transaction, then a seller shall use reasonable efforts to obtain a customer tax address, as such efforts are described in clauses (ii), (iii), (iv), and (v) of section 7(2)(A), before resorting to using a customer tax address as determined by clause (vi) of such section 7(2)(A). (b) Reliance on customer-Provided information A seller that relies in good faith on information provided by a customer to determine a customer tax address shall not be held liable for any additional tax based on a different determination of that customer tax address by a State or local jurisdiction or court of competent jurisdiction, except if and until binding notice is given as provided in subsection (c). (c) Address correction If a State or local jurisdiction is authorized under State law to administer a tax, and the jurisdiction determines that the customer tax address determined by a seller is not the customer tax address that would have been determined under section 7(2)(A) if the seller had the additional information provided by the State or local jurisdiction, then the jurisdiction may give binding notice to the seller to correct the customer tax address on a prospective basis, effective not less than 45 days after the date of such notice, if— (1) when the determination is made by a local jurisdiction, such local jurisdiction obtains the consent of all affected local jurisdictions within the State before giving such notice of determination; and (2) before the State or local jurisdiction gives such notice of determination, the customer is given an opportunity to demonstrate in accordance with applicable State or local tax administrative procedures that the address used is the customer tax address. (d) Coordination with sourcing of mobile telecommunications service (1) In general If— (A) a digital good or a digital service is sold to a customer by a home service provider of mobile telecommunications service that is subject to being sourced under section 117 of title 4, United States Code, or the charges for a digital good or a digital service are billed to the customer by such a home service provider; and (B) the digital good or digital service is delivered, transferred, or provided electronically by means of mobile telecommunications service that is deemed to be provided by such home service provider under section 117 of such title, then the home service provider and, if different, the seller of the digital good or digital service, may presume that the customer’s place of primary use for such mobile telecommunications service is the customer tax address described in section 7(2)(B) with respect to the sale of such digital good or digital service. (2) Definitions For purposes of this subsection, the terms home service provider , mobile telecommunications service , and place of primary use have the same meanings as in section 124 of title 4, United States Code. (e) Multiple locations (1) In general If a digital good or a digital service is sold to a customer and available for use by the customer in multiple locations simultaneously, the seller may determine the customer tax addresses using a reasonable and consistent method based on the addresses of use as provided by the customer and determined in agreement with the customer at the time of sale. (2) Direct customer payment (A) Establishment of direct payment procedures Each State and local jurisdiction shall provide reasonable procedures that permit the direct payment by a qualified customer, as determined under procedures established by the State or local jurisdiction, of taxes that are on the sale of digital goods and digital services to multiple locations of the customer and that would, absent such procedures, be required or permitted by law to be collected from the customer by the seller. (B) Effect of customer compliance with direct payment procedures When a qualified customer elects to pay tax directly under the procedures established under subparagraph (A), the seller shall— (i) have no obligation to obtain the multiple customer tax addresses under subsection (a); and (ii) not be liable for such tax, provided the seller follows the State and local procedures and maintains appropriate documentation in its books and records. 5. Treatment of bundled transactions and digital codes (a) Bundled transaction If a charge for a distinct and identifiable digital good or a digital service is aggregated with and not separately stated from one or more charges for other distinct and identifiable goods or services, which may include other digital goods or digital services, and any part of the aggregation is subject to taxation, then the entire aggregation may be subject to taxation, except to the extent that the seller can identify, by reasonable and verifiable standards, one or more charges for the nontaxable goods or services from its books and records kept in the ordinary course of business. (b) Digital code The tax treatment of the sale of a digital code shall be the same as the tax treatment of the sale of the digital good or digital service to which the digital code relates. (c) Rule of construction The sale of a digital code shall be considered the sale transaction for purposes of this Act. 6. No inference (a) Customer liability Subject to the prohibition provided in section 2, nothing in this Act modifies, impairs, supersedes, or authorizes the modification, impairment, or supersession of any law allowing a State or local jurisdiction to impose tax on and collect tax directly from a customer based upon use of a digital good or digital service in such State. (b) Non-Tax matters This Act shall not be construed to apply in, or to affect, any non-tax regulatory matter or other context. (c) State tax matters The definitions contained in this Act are intended to be used with respect to interpreting this Act. Nothing in this Act shall prohibit a State or local jurisdiction from adopting different nomenclature to enforce the provisions set forth in this Act. 7. Definitions In this Act, the following definitions shall apply: (1) Customer The term customer means a person that purchases a digital good, digital service, or digital code. (2) Customer tax address (A) In general The term customer tax address means— (i) with respect to the sale of a digital good or digital service that is received by the customer at a business location of the seller, such business location; (ii) if clause (i) does not apply and the primary use location of the digital good or digital service is known by the seller, such location; (iii) if neither clause (i) nor clause (ii) applies, and if the location where the digital good or digital service is received by the customer, or by a donee of the customer that is identified by such customer, is known to the seller and maintained in the ordinary course of the seller’s business, such location; (iv) if none of clauses (i) through (iii) applies, the location indicated by an address for the customer that is available from the business records of the seller that are maintained in the ordinary course of the seller’s business, when use of the address does not constitute bad faith; (v) if none of clauses (i) through (iv) applies, the location indicated by an address for the customer obtained during the consummation of the sale, including the address of a customer’s payment instrument, when use of this address does not constitute bad faith; or (vi) if none of clauses (i) through (v) applies, including the circumstance in which the seller is without sufficient information to apply such paragraphs, the location from which the digital good was first available for transmission by the seller (disregarding for these purposes any location that merely provides for the digital transfer of the product sold), or from which the digital service was provided by the seller. (B) Exclusion For purposes of this paragraph, the term location does not include the location of a server, machine, or device, including an intermediary server, that is used simply for routing or storage. (3) Delivered or transferred electronically; provided electronically The term delivered or transferred electronically means the delivery or transfer by means other than tangible storage media, and the term provided electronically means the provision remotely via electronic means. (4) Digital code The term digital code means a code that conveys only the right to obtain a digital good or digital service without making further payment. (5) Digital good The term digital good means any software or other good that is delivered or transferred electronically, including sounds, images, data, facts, or combinations thereof, maintained in digital format, where such good is the true object of the transaction, rather than the activity or service performed to create such good, and includes, as an incidental component, charges for the delivery or transfer of the digital good. (6) Digital service (A) In general The term digital service means any service that is provided electronically, including the provision of remote access to or use of a digital good, and includes, as an incidental component, charges for the electronic provision of the digital service to the customer. (B) Exceptions The term digital service does not include a service that is predominantly attributable to the direct, contemporaneous expenditure of live human effort, skill, or expertise, a telecommunications service, an ancillary service, Internet access service, audio or video programming service, or a hotel intermediary service. (C) Clarifying definitions For purposes of subparagraph (B)— (i) the term ancillary service means a service that is associated with or incidental to the provision of telecommunications services, including, but not limited to, detailed telecommunications billing, directory assistance, vertical service, and voice mail services; (ii) the term audio or video programming service — (I) means programming provided by, or generally considered comparable to programming provided by, a radio or television broadcast station; and (II) does not include interactive on-demand services, as defined in paragraph (12) of section 602 of the Communications Act of 1934 ( 47 U.S.C. 522(12) ), pay-per-view services, or services generally considered comparable to such services regardless of the technology used to provide such services; (iii) the term hotel intermediary service — (I) means a service provided by a person that facilitates the sale, use, or possession of a hotel room or other transient accommodation to the general public; and (II) does not include the purchase of a digital service by a person who provides a hotel intermediary service or by a person who owns, operates, or manages hotel rooms or other transient accommodations; (iv) the term Internet access service means a service that enables users to connect to the Internet, as defined in the Internet Tax Freedom Act ( 47 U.S.C. 151 note), to access content, information, or other services offered over the Internet; and (v) the term telecommunications service — (I) means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points; (II) includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing, without regard to whether such service is referred to as voice over Internet protocol service; and (III) does not include data processing and information services that allow data to be generated, acquired, stored, processed, or retrieved and delivered by an electronic transmission to a purchaser where such purchaser’s primary purpose for the underlying transaction is the processed data or information. (7) Discriminatory tax The term discriminatory tax means any tax imposed by a State or local jurisdiction on digital goods or digital services that— (A) is not generally imposed and legally collectible by such State or local jurisdiction on transactions involving similar property, goods, or services accomplished through other means; (B) is not generally imposed and legally collectible at the same or higher rate by such State or local jurisdiction on transactions involving similar property, goods, or services accomplished through other means; (C) imposes an obligation to collect or pay the tax on a person, other than the seller, than the State or local jurisdiction would impose in the case of transactions involving similar property, goods, or services accomplished through other means; (D) establishes a classification of digital services or digital goods providers for purposes of establishing a higher tax rate to be imposed on such providers than the tax rate generally applied to providers of similar property, goods, or services accomplished through other means; or (E) does not provide a resale and component part exemption for the purchase of digital goods or digital services in a manner consistent with the State’s resale and component part exemption applicable to the purchase of similar property, goods, or services accomplished through other means. (8) Multiple tax (A) In general The term multiple tax means any tax that is imposed by one State, one or more of that State’s local jurisdictions, or both on the same or essentially the same digital goods and digital services that is also subject to tax imposed by another State, one or more local jurisdictions in such other State (whether or not at the same rate or on the same basis), or both, without a credit for taxes paid in other jurisdictions. (B) Exception The term multiple tax shall not include a tax imposed by a State and one or more political subdivisions thereof on the same digital goods and digital services or a tax on persons engaged in selling digital goods and digital services which also may have been subject to a sales or use tax thereon. (9) Primary use location (A) In general The term primary use location means a street address representative of where the customer’s use of a digital good or digital service will primarily occur, which shall be the residential street address or a business street address of the actual end user of the digital good or digital service, including, if applicable, the address of a donee of the customer that is designated by the customer. (B) Customers that are not individuals For the purpose of subparagraph (A), if the customer is not an individual, the primary use location is determined by the location of the customer’s employees or equipment (machine or device) that make use of the digital good or digital service, but does not include the location of a person who uses the digital good or digital service as the purchaser of a separate good or service from the customer. (10) Sale and purchase The terms sale and purchase , and all variations thereof, shall include the provision, lease, rent, license, and corresponding variations thereof. (11) Seller (A) In general The term seller means a person making sales of digital goods or digital services. (B) Exceptions A person that provides billing service or electronic delivery or transport service on behalf of another unrelated or unaffiliated person, with respect to the other person’s sale of a digital good or digital service, shall not be treated as a seller of that digital good or digital service. (C) Rule of construction Nothing in this paragraph shall preclude the person providing the billing service or electronic delivery or transport service from entering into a contract with the seller to assume the tax collection and remittance responsibilities of the seller. (12) Separate and discrete transaction The term separate and discrete transaction means a sale of a digital good, digital code, or a digital service sold in a single transaction which does not involve any additional charges or continued payment in order to maintain possession of the digital good or access to the digital service. (13) State or local jurisdiction The term State or local jurisdiction means any of the several States, the District of Columbia, any territory or possession of the United States, a political subdivision of any State, territory, or possession, or any governmental entity or person acting on behalf of such State, territory, possession, or subdivision and with the authority to assess, impose, levy, or collect taxes. (14) Tax (A) In general The term tax means any charge imposed by any State or local jurisdiction for the purpose of generating revenues for governmental purposes, including any tax, charge, or fee levied as a fixed charge or measured by gross amounts charged, regardless of whether such tax, charge, or fee is imposed on the seller or the customer and regardless of the terminology used to describe the tax, charge, or fee. (B) Exclusions The term tax does not include an ad valorem tax, a tax on or measured by capital, a tax on or measured by net income, apportioned gross income, apportioned revenue, apportioned taxable margin, or apportioned gross receipts, or, a State or local jurisdiction business and occupation tax imposed on a broad range of business activity in a State that enacted a State tax on gross receipts after January 1, 1932, and before January 1, 1936. 8. Effective date; application (a) General rule This Act shall take effect 60 days after the date of enactment of this Act. (b) Exceptions A State or Local jurisdiction shall have 2 years from the date of enactment of this Act to modify any State or local tax statue enacted prior to date of enactment of this Act to conform to the provisions set forth in sections 4 and 5 of this Act. (c) Application to liabilities and pending cases Nothing in this Act shall affect liability for taxes accrued and enforced before the effective date of this Act, or affect ongoing litigation relating to such taxes. 9. Savings provision If any provision or part of this Act is held to be invalid or unenforceable by a court of competent jurisdiction for any reason, such holding shall not affect the validity or enforceability of any other provision or part of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3724ih/xml/BILLS-113hr3724ih.xml |
113-hr-3725 | I 113th CONGRESS 1st Session H. R. 3725 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Flores (for himself, Mr. Takano , Mr. Cook , Mr. Runyan , Mr. Schneider , Ms. Titus , Mr. Coffman , and Mr. Hanna ) 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 credits for the establishment of franchises with veterans.
1. Short title This Act may be cited as the Veterans Entrepreneurs Act of 2013 . 2. Veterans franchising credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by adding at the end the following new section: 45S. Veterans franchising (a) Veterans franchise fee credit (1) In general For purposes of section 38 and subject to the limitation set forth in paragraph (2), the veterans franchise fee credit determined under this section for the taxable year is an amount equal to 25 percent of the qualified franchise fee paid or incurred by a qualified veteran in connection with the purchase of a franchise. (2) Limitation The amount of qualified franchise fee taken into account under paragraph (1) shall not exceed $400,000. (b) Reduction where franchise not 100 percent veteran-Owned In the case of any franchise in which veterans do not own 100 percent of the stock or the capital or profits interests of the franchisee, the credit under subsection (a) shall be the amount which bears the same ration to the amount determined under subsection (a) (without regard to this subsection) as— (1) the stock or capital or profits interests of the franchise held by veterans, bears to (2) the total stock or capital or profits interests of the franchisee. For purposes of this subsection, the spouse of a veteran shall be treated as a veteran. (c) Qualified franchise fee For purposes of this section, the term qualified franchise fee means any one-time fee required by the franchisor when entering into a franchise agreement with a veteran as the franchisee. (d) Other definitions For purposes of this section, the terms franchise , franchisee , franchisor , and franchise fee have the meanings given such terms in part 436 of title 16, Code of Federal Regulations. (e) Veteran The term veteran has the meaning given such term by section 101 of title 38, United States Code. (f) Election This section shall not apply to a taxpayer for any taxable year if such taxpayer elects to have this section not apply for such taxable year. . (b) Credit To be part of general business credit Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the veterans franchise fee credit determined under section 45S(a). . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Veterans franchising. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. 3. Publication of information by Department of Veterans Affairs and Small Business Administration The Administrator of the Small Business Administration and the Secretary of Veterans Affairs shall publicize in mailings and brochures sent to veterans service organizations and veteran advocacy groups information regarding discounted franchise fees under section 45S of the Internal Revenue Code of 1986 and other information about the program established under amendments made by this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3725ih/xml/BILLS-113hr3725ih.xml |
113-hr-3726 | I 113th CONGRESS 1st Session H. R. 3726 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Pascrell (for himself, Mr. Reed , Mr. Runyan , and Mr. Lowenthal ) 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 the work opportunity credit for hiring the long-term unemployed.
1. Short title This Act may be cited as the Long-Term Unemployed Hiring Incentive Act . 2. Work opportunity tax credit for long-term unemployed (a) Long-Term unemployed individuals eligible (1) In general Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , or , and by adding at the end the following new subparagraph: (J) a qualified long-term unemployed individual. . (2) Definition Subsection (d) of section 51 of such Code is amended by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively, and by inserting after paragraph (10) the following new paragraph: (11) Qualified long-term unemployed individual (A) In general The term qualified long-term unemployed individual means any individual who is certified by the designated local agency as— (i) having exhausted, as of the hiring date, all rights to regular compensation under the State law or under Federal law with respect to a benefit year (excluding any benefit year that ended before May 1, 2007), (ii) having no rights to regular compensation with respect to the most recent week ending before the hiring date under such law or any other State unemployment compensation law or to compensation under any other Federal law, and (iii) not receiving compensation with respect to such week under the unemployment compensation law of Canada. (B) Exhaustion of benefits For purposes of subparagraph (A), an individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when— (i) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period, or (ii) such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. . (b) Extension of credit for long-Term unemployed Subparagraph (B) of section 51(c)(4) of the Internal Revenue Code of 1986 is amended by inserting (December 31, 2016, in the case of qualified long-term unemployed individuals) after December 31, 2013 . (c) Effective date The amendments made by this section shall apply to individuals who begin work for the employer after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3726ih/xml/BILLS-113hr3726ih.xml |
113-hr-3727 | I 113th CONGRESS 1st Session H. R. 3727 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. McKinley (for himself, Mr. Griffin of Arkansas , Mr. Stivers , Mrs. Capito , Mr. Johnson of Ohio , Mr. Rahall , Mr. Guthrie , and Mr. Cramer ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To prohibit the Administrator of the Environmental Protection Agency from proposing any standard of performance for emissions of carbon dioxide from existing fossil fuel-fired electric utility generating units before the Administrator has finalized a standard of performance for emissions of carbon dioxide from new fossil fuel-fired electric utility generating units.
1. Short title This Act may be cited as the Keep the EPA Honest Act of 2013 . 2. Prohibition against proposing standards of performance for emissions of carbon dioxide from existing power plants before finalizing standards of performance for emissions of carbon dioxide from new power plants (a) Prohibition The Administrator of the Environmental Protection Agency shall not propose any standard of performance under section 111(d) of the Clean Air Act ( 42 U.S.C. 7411(d) ) for emissions of carbon dioxide from existing fossil fuel-fired electric utility generating units before the Administrator has finalized and published in the Federal Register a standard of performance under section 111(b) of such Act ( 42 U.S.C. 7411(b) ) for emissions of carbon dioxide from new fossil fuel-fired electric utility generating units. (b) Rule of construction This Act shall not be construed to have any implication with respect to whether the Administrator of the Environmental Protection Agency has authority to propose standards of performance under section 111(d) of the Clean Air Act ( 42 U.S.C. 7411(d) ) for emissions of air pollutants other than carbon dioxide from existing sources before finalizing standards of performance under section 111(b) of such Act ( 42 U.S.C. 7411(b) ) for emissions of such air pollutants from new sources. | https://www.govinfo.gov/content/pkg/BILLS-113hr3727ih/xml/BILLS-113hr3727ih.xml |
113-hr-3728 | I 113th CONGRESS 1st Session H. R. 3728 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Young of Alaska (for himself, Ms. Kuster , Mr. McIntyre , Mr. Benishek , Mr. Loebsack , Mr. Grimm , Mr. Gingrey of Georgia , Mr. Cole , Mr. Kind , Mr. LaMalfa , Mr. Poe of Texas , Mr. Peterson , and Mr. Walz ) 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 tax incentives for the donation of wild game meat.
1. Short title This Act may be cited as the Wild Game Donation Act of 2013 . 2. Charitable deduction for costs associated with donations of wild game meat (a) In general Subsection (e) of section 170 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (8) Special rule for contributions of wild game meat (A) In general In the case of a charitable contribution by an individual of qualified wild game meat, the amount of such contribution otherwise taken into account under this section (after the application of paragraph (1)(A)) shall be increased by the amount of the qualified processing fees paid with respect to such contribution. (B) Qualified wild game meat For purposes of this paragraph, the term qualified wild game meat means the meat of any animal which is typically used for human consumption, but only if— (i) such animal is killed in the wild by the individual making the charitable contribution of such meat (not including animals raised on a farm for the purpose of sport hunting), (ii) such animal is hunted or taken in accordance with all State and local laws and regulations, including season and size restrictions, (iii) such meat is processed for human consumption by a processor which is licensed for such purpose under the appropriate Federal, State, and local laws and regulations and which is in compliance with all such laws and regulations, and (iv) such meat is apparently wholesome (under regulations similar to the regulations under section 22(b)(2) of the Bill Emerson Good Samaritan Food Donation Act). (C) Qualified processing fee For purposes of this paragraph, the term qualified processing fee means any fee or charge paid to a processor which fulfills the requirements of subparagraph (B)(iii) for the purpose of processing wild game meat, but only to the extent that such meat is donated as a charitable contribution under this section. . (b) Exclusion of processor's income from tax exempt organizations (1) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139D the following new section: 139E. Certain income received from charitable organizations (a) In general Gross income of a qualified meat processor shall not include any amount paid to such processor as a qualified processing fee by a charitable organization for the processing of donated wild game meat. (b) Definitions For purposes of this section— (1) Qualified meat processor The term qualified meat processor means a processor which fulfills the requirements of section 170(e)(8)(B)(iii). (2) Charitable organization The term charitable organization means an entity to which a charitable contribution may be made under section 170(c) and the charitable purpose of which is to provide free food to individuals in need of food assistance. (3) Donated wild game meat The term donated wild game meat means qualified wild game meat (as defined in section 170(e)(8)(B), without regard to clause (iii) thereof) which is received as a charitable contribution (as defined in section 170(c)) by a charitable organization. (4) Qualified processing fee The term qualified processing fee means any fee or charge paid to a qualified meat processor for the purpose of processing donated wild game meat. . (2) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 139C the following new item: Sec. 139E. Certain income received from tax exempt organizations. . (c) Effective date The amendments made by this section shall apply to donations made, and fees received, after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3728ih/xml/BILLS-113hr3728ih.xml |
113-hr-3729 | I 113th CONGRESS 1st Session H. R. 3729 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Andrews introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the Secretary of the Treasury to mint coins in commemoration of the 100th anniversary of the beginning of Korean immigration into the United States.
1. Short title This Act may be cited as the Korean Immigration Commemorative Coin Act . 2. Findings Congress finds the following: (1) January 13, 2003, marked the 100th anniversary of the first wave of Korean immigration to the United States. (2) At the time of that anniversary, more than 100 Korean American communities throughout this Nation commemorated this important event. (3) According to immigration records, in December 1902, 56 men, 21 women, and 25 children left Korea and sailed across the Pacific Ocean aboard the S.S. Gaelic, landing in Honolulu, Hawaii, on January 13, 1903. (4) These early Korean immigrants worked at sugar cane and pineapple fields in Hawaii. (5) Since that first voyage, approximately 1,000,000 Koreans have immigrated to the United States. (6) Korean Americans have served with distinction in the Armed Forces of the United States with distinction in every war and armed conflict from World War I through Operation Enduring Freedom. (7) Korean Americans have taken root and thrived in the United States through strong family ties, robust community support, and countless hours of hard work. (8) Korean immigrants have invigorated business, church, and academic communities throughout the United States and Korean Americans have also established themselves as important members in the medical, legal, financial, and governmental professions. (9) The strategic partnership between the United States and Korea has helped undergird peace and stability in the Asia Pacific region and has provided economic benefits not only to the people of the United States and Korea, but also to the entire world. 3. Coin specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $5 Gold coins Not more than 20,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have diameter of 0.850 inches; and (C) contain 90 percent gold and 10 percent alloy. (2) $1 Silver coins Not more than 10,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Design of coins (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the immigration of Koreans into the United States and the significant contributions of Korean Americans to this Nation. (2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2018 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum . (b) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period of issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2018. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid Orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In General All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Council on 100th Year Korean Immigration Commemorative Coin Act to provide academic scholarships. (c) Audits The Council on 100th Year Korean Immigration Commemorative Coin Act shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code. The Secretary of the Treasury may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, winning design compensation, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr3729ih/xml/BILLS-113hr3729ih.xml |
113-hr-3730 | I 113th CONGRESS 1st Session H. R. 3730 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of the Army to establish a process to expedite the consideration of applications submitted by States and municipalities for permits in connection with public safety projects, and for other purposes.
1. Short title This Act may be cited as the Public Infrastructure Modernization Act of 2013 . 2. Expedited process for consideration of applications to conduct public safety projects (a) Approval and disapproval of permits (1) Deadline The Secretary of the Army shall approve or disapprove a covered permit application for a public safety project on or before the last day of the 2-year period beginning on the date of submission of the application. (2) Failure to meet deadline If the Secretary does not approve or disapprove a covered permit application for a public safety project on or before the last day specified in paragraph (1)— (A) the application shall be considered under the expedited process established under subsection (b); unless (B) the Governor of the State in which the project is to be located issues a declaration of emergency with respect to the project under subsection (c), in which case the requirements of subsection (c) shall apply to the application. (b) Expedited process (1) In general The Secretary shall establish, by regulation, a process to expedite the consideration of a covered permit application for a public safety project. (2) Specifications for expedited process The expedited process shall provide for the following: (A) In complying with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the project, the Secretary shall— (i) prepare an environmental assessment or an environmental impact statement in accordance with paragraph (3); (ii) weigh the public safety aspects of the project as greater than the environmental costs; and (iii) complete consultation with other agencies, as necessary, not later than 6 months after the last day specified in subsection (a)(1). (B) In issuing a permit under the expedited process, the Secretary may not require mitigation costs in an amount that exceeds 20 percent of the total cost of the project. (C) In issuing a permit under the expedited process, the Secretary may implement species relocation for the project, as described in subsection (d). (3) Environmental assessment or impact statement In preparing an environmental assessment or an environmental impact statement under paragraph (2)(A)— (A) the Secretary shall study, develop, and describe the proposed action and the alternative of no action; but (B) the Secretary is not required to study, develop, or describe any alternative actions to the proposed agency action unless the municipality in which is the project is to be located submits an alternative action. (4) Judicial review A person may obtain judicial review of any determination made for a public safety project under the expedited process only in the United States district court for the judicial district in which the project is to be located. (c) Emergency declaration (1) In general If the Secretary has not approved or disapproved a covered permit application for a public safety project on or before the last day specified in subsection (a)(1), the Governor of the State in which the project is to be located may issue a declaration of emergency with respect to the project. (2) Alternative arrangements If the Governor of a State issues a declaration of emergency with respect to a public safety project under paragraph (1), the State or municipality that submitted a covered permit application for the project may request that— (A) the application be considered under the expedited process established under subsection (b); or (B) the President, acting through the Council on Environmental Quality, establish alternative arrangements for conducting the project. (3) Deadline Pursuant to a request received under paragraph (2)(B), the Council on Environmental Quality, on or before the last day of the 90-day period beginning on the date of the request shall— (A) create an alternative to the proposed public safety project; or (B) approve the project. (4) Failure to meet deadline If, after receiving a request under paragraph (2)(B), the Council on Environmental Quality does not establish alternate procedures for conducting a public safety project or disapprove the project on or before the last day specified in paragraph (3)— (A) the covered permit application submitted for the project shall be deemed approved; and (B) the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) relating to the project shall be deemed satisfied. (5) Judicial review The deemed approval of a covered permit application pursuant to paragraph (4)(A) shall not be subject to judicial review. (6) Relationship to other laws Any alternative arrangements established for a public safety project under paragraph (2)— (A) shall be deemed to satisfy the requirements of section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ) and the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the project; and (B) shall not be subject to judicial review. (d) Species relocations In the case of a covered permit application for a public safety project that authorizes species relocation pursuant to subsection (b)(2)(C), the Secretary, acting through the United States Fish and Wildlife Service, any Federal land management agency, the National Marine Fisheries Service, or a State conservation agency, shall relocate from the project any the members of a threatened or endangered species of plant or animal that the relevant Federal agencies determine would be taken in the course of the project. (e) Applicability This section shall apply to a covered permit application for a public safety project submitted after the date of enactment of this Act. (f) Report to Congress Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the implementation of this section. (g) Definitions In this section, the following definitions apply: (1) Covered permit application The term covered permit application means an application for a permit to discharge dredge or fill material submitted by a State or municipality under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ). (2) Municipality The term municipality has the meaning given that term in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ). (3) Person The term person has the meaning given that term in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 ). (4) Public safety project The term public safety project means a project that has one of the following as its primary purpose: (A) The construction of a levee, self-closing flood barrier, seawall, or flood gate. (B) Slough and stream construction and dredging for flood control. (C) The construction of a retention pond for a residential area. (D) The construction of a road or bridge to be used for evacuation purposes in the case of a hurricane, wildfire, or other extreme weather event. (E) The construction of a storm water conveyance facility. | https://www.govinfo.gov/content/pkg/BILLS-113hr3730ih/xml/BILLS-113hr3730ih.xml |
113-hr-3731 | I 113th CONGRESS 1st Session H. R. 3731 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mrs. Black (for herself and Mr. Meehan ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require an Exchange established under the Patient Protection and Affordable Care Act to notify individuals in the case that personal information of such individuals is known to have been acquired or accessed as a result of a breach of the security of any system maintained by the Exchange.
1. Short title This Act may be cited as the Federal Exchange Data Breach Notification Act of 2013 . 2. Notification to individuals of personal information being acquired or accessed as a result of a breach of system security After the discovery of a breach of security of any system maintained by an Exchange established pursuant to section 1321(c) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), the Exchange shall, in accordance with the requirements of the Health Breach Notification Rule issued by the Federal Trade Commission (16 C.F.R. 318), provide notice of such breach to each individual whose personal information (including any non health-related personal information) is known to have been acquired or accessed as a result of such breach of security. A violation of this section shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18 of the Federal Trade Commission Act ( 15 U.S.C. 57a ). | https://www.govinfo.gov/content/pkg/BILLS-113hr3731ih/xml/BILLS-113hr3731ih.xml |
113-hr-3732 | I 113th CONGRESS 1st Session H. R. 3732 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mrs. Black (for herself, Mr. Smith of Texas , Mr. Gingrey of Georgia , Mr. Poe of Texas , and Mr. Flores ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the Secretary of Homeland Security from using Federal funds for the position of Public Advocate, or the position of Deputy Assistant Director of Custody Programs and Community Outreach, within U.S. Immigration and Customs Enforcement, and for other purposes.
1. Short title This Act may be cited as the Immigration Compliance Enforcement (ICE) Act . 2. Findings The Congress finds as follows: (1) On March 26, 2013, President Obama signed into law the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 ). (2) Such Act prohibited funds made available by the Act from being used to provide funding for the position of Public Advocate within U.S. Immigration and Customs Enforcement ( ICE ) . (3) Following the enactment of the Consolidated and Further Continuing Appropriations Act, 2013, the former ICE Public Advocate continued to work at ICE as Deputy Assistant Director of Custody Programs and Community Outreach, a newly created position. (4) ICE activities now defined as “Community Outreach” are the very activities as those previously undertaken by the now-defunct Office of the Public Advocate. Such activities include the operation of a national hotline, the ICE Community and Detainee Helpline, which uses the same telephone number as a hotline used in the Office of the Public Advocate prior to the enactment of the Consolidated and Further Continuing Appropriations Act, 2013. 3. Prohibited uses of funds None of the funds made available by any Federal law may be used to provide funding for— (1) the position of Public Advocate within U.S. Immigration and Customs Enforcement; (2) the position of Deputy Assistant Director of Custody Programs and Community Outreach within U.S. Immigration and Customs Enforcement; or (3) any other position within U.S. Customs and Immigration Enforcement the functions of which are substantially the same as those which— (A) as of March 26, 2013, were assigned to the position of Public Advocate within U.S. Immigration and Customs Enforcement; or (B) as of the date of the enactment of this Act, were assigned to the position of Deputy Assistant Director of Custody Programs and Community Outreach within U.S. Immigration and Customs Enforcement. | https://www.govinfo.gov/content/pkg/BILLS-113hr3732ih/xml/BILLS-113hr3732ih.xml |
113-hr-3733 | I 113th CONGRESS 1st Session H. R. 3733 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Blumenauer (for himself, Mr. Thompson of California , Mr. Lewis , Mr. Rangel , Mr. McDermott , and Mr. Pascrell ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Trade Act of 1974 to authorize the United States Trade Representative to take discretionary action if a foreign country is engaging in unreasonable acts, policies, or practices relating to the environment, and for other purposes.
1. Short title This Act may be cited as the Trade and Environment Enforcement Act or Green 301 Act . 2. Environmental protection in trade relations Section 301(d)(3)(B) of the Trade Act of 1974 ( 19 U.S.C. 2411(d)(3)(B) ) is amended— (1) in clause (ii), by striking or at the end; (2) in clause (iii)(V), by striking the period at the end and inserting , or ; and (3) by adding at the end the following new clause: (iv) constitutes a persistent pattern of conduct that— (I) fails to effectively enforce the environmental laws of a foreign country; (II) waives or otherwise derogates from the environmental laws of a foreign country or weakens the protections afforded by such laws; (III) fails to provide for judicial or administrative proceedings giving access to remedies for violations of the environmental laws of a foreign country; (IV) fails to provide appropriate and effective sanctions or remedies for violations of the environmental laws of a foreign country; or (V) fails to effectively enforce environmental commitments in agreements to which a foreign country and the United States are a party. . 3. Identification of foreign country trade practices that negatively affect the environment (a) In general Chapter 1 of title III of the Trade Act of 1974 ( 19 U.S.C. 2411 et seq. ) is amended by adding at the end the following: 311. Identification of foreign country trade practices that negatively affect the environment (a) Identification (1) In general The Trade Representative shall identify those foreign country trade practices that cause negative environmental impacts on the protection of human, animal, or plant life or health, or the conservation of exhaustible natural resources in the United States, the foreign country, a third country, or internationally. (2) Factors In identifying foreign country trade practices under paragraph (1), the Trade Representative shall take into account all relevant factors, including— (A) the strength of the connection between trade and the negative environmental impact; (B) the significance of the negative environmental impact on the protection of human, animal or plant life or health, or the conservation of exhaustible natural resources; and (C) the costs and benefits of mitigating the negative environmental impact through the remedies described in this section. (3) Consultation In identifying foreign country trade practices under paragraph (1), the Trade Representative shall provide the opportunity for input by and consultation with interested persons, including private or nongovernmental organizations working towards environmental protection or conservation, domestic industrial users of any goods that may be affected by this section, and appropriate Federal departments and agencies. (b) Report (1) In general Not later than 270 days after the date of submission of a report under section 181(b) of this Act, and every 2 years thereafter, the Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate and publish in the Federal Register a report on the foreign country trade practices identified under subsection (a). (2) Matters to be included The Trade Representative may include in the report, if appropriate— (A) a description of other foreign country trade practices that may in the future warrant inclusion in the report as foreign country trade practices that negatively affect the environment; and (B) a statement regarding other foreign country trade practices that negatively affect the environment that have not been identified because they are subject to other provisions of United States trade law, existing bilateral trade agreements, or trade negotiations, and progress is being made toward the mitigation, reduction, or elimination of the negative environmental impacts of such foreign country trade practices. . (b) Clerical amendment The table of contents for the Trade Act of 1974 is amended by inserting after the item relating to section 310 the following new item: Sec. 311. Identification of foreign country trade practices that negatively affect the environment. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3733ih/xml/BILLS-113hr3733ih.xml |
113-hr-3734 | I 113th CONGRESS 1st Session H. R. 3734 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Cárdenas (for himself and Mr. Honda ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a task force to share best practices on computer programming and coding for elementary schools and secondary schools, and for other purposes.
1. Short title This Act may be cited as the 416d65726963612043616e20436f6465 Act of 2013 or the America Can Code Act of 2013 . 2. Findings Congress finds the following: (1) According to the National Science Foundation, 2 percent of students studying science, technology, engineering, or math (STEM) are computer science majors, while 60 percent of STEM jobs are in the computing field. (2) The Bureau of Labor Statistics estimates that computer programming jobs are growing at twice the national job growth average, and these jobs are high paying middle class jobs that can secure the financial future of many American families and also help grow the United States economy. 3. Sense of Congress It is the sense of Congress that— (1) secondary schools should focus on preparing career and technical students, including underrepresented groups such as minorities and women, for academic and technical opportunities in postsecondary education or entry into a high paying, skilled job in the computer programming field; (2) elementary schools and secondary schools should place emphasis on coding and computer programming as a vocational and technical education track; (3) educators should rethink the way coding as a skill is conceptualized within the education system and in our society; and (4) learning to write and read code is critical to creating and innovating in cyberspace, and learning this language is also a skill critical to the national security and economic competitiveness of the United States. 4. Coding as a critical foreign language Section 6002(b)(1) of the America COMPETES Act ( 20 U.S.C. 9802(b)(1) ) is amended by inserting , including a computer programming language, after a foreign language . 5. Amendments to the Carl D. Perkins Vocational and Technical Education Act of 2006 The Carl D. Perkins Vocational and Technical Education Act of 2006 ( 20 U.S.C. 2301 et seq. ) is amended— (1) in section 122(c) ( 20 U.S.C. 2342(c) )— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in the first sentence, by inserting , including coding and computer programming, after the career and technical programs of study ; and (II) in clause (iv), by inserting , particularly in the technology field after or an associate or baccalaureate degree ; (ii) in subparagraph (H), by inserting , especially in computer programming after in current or emerging occupations ; and (iii) in subparagraph (I)(iii), by inserting , especially in computer programming after or high demand occupations ; (B) in paragraph (7)— (i) in subparagraph (A)(ii), by inserting , particularly coding and computer programming after all aspects of an industry ; and (ii) in subparagraph (B), by inserting , such as the technology industry after all aspects of an industry ; (C) in paragraph (9)(C), by inserting , especially in computer programming after or high demand occupations ; (D) in paragraph (16), by inserting , especially in computer programming after regional occupational opportunities ; and (E) in paragraph (18), by inserting , especially in computer programming after or high demand occupations and non-traditional fields ; and (2) in section 203 ( 20 U.S.C. 2373 )— (A) in subsection (c)— (i) in paragraph (2)— (I) in subparagraph (B), by inserting , especially in coding and computer programming, after integrates academic and career and technical education instruction ; (II) in subparagraph (C), by inserting , especially in computer programming after or high demand occupations ; (III) in subparagraph (E), by inserting , particularly in the technology field after in a specific career field ; and (IV) in subparagraph (F), by inserting , particularly in computer programming, after or high wage employment ; and (ii) in paragraph (6), by inserting , particularly in the technology industry, after (including preapprenticeship programs) ; (B) in subsection (d)(1), by inserting , including hardware and software after provide for the acquisition of tech prep program equipment ; and (C) in subsection (e)(1)— (i) in subparagraph (B)— (I) by redesignating clauses (iv) and (v) and (v) and (vi), respectively; and (II) by inserting after clause (iii) the following: (iv) complete a State or industry-recognized certification or licensure in computer programming; ; and (ii) in subparagraph (C)— (I) by redesignating clauses (iii) and (iv) and (iv) and (v), respectively; and (II) by inserting after clause (ii) the following: (iii) complete a State or industry-recognized certification or licensure in computer programming; . 6. Task force on computer programming and coding (a) Establishment of task force on computer programming and coding Not later than 180 days after the date of enactment of this Act, the Secretary of Education shall convene a task force to explore— (1) mechanisms for the development of draft curricula for elementary and secondary education with respect to computer programming and coding; (2) a mechanism to collect and share best practices among educators with respect to computer programming and coding at the elementary school and secondary school levels; and (3) a national strategy to ensure competitiveness in emerging STEM fields, such as computer programming and coding. (b) Functions The task force shall— (1) develop options for a collaborative model and an organizational structure for such task force under which the joint research and development activities may be planned, managed, and conducted effectively, including mechanisms for the allocation of resources among the participants of such task force for support of such activities; (2) identify and prioritize at least 3 challenges of educating and training a workforce equipped to fill computer science and engineering jobs, particularly focused on nationally significant problems requiring collaborative and interdisciplinary solutions; (3) propose a process for developing a research and development agenda for such task force to address the challenges identified under paragraph (2); (4) define the roles and responsibilities for the members from each of the groups described in paragraphs (1) through (4) of subsection (c); (5) establish the information portal described in subsection (e); and (6) make recommendations for how task force may be funded from Federal, State, and nongovernmental sources. (c) Composition In establishing the task force under subsection (a), the Secretary shall appoint to serve on the task force an equal number of representatives from each of the following 4 groups: (1) The Department of Education and other relevant Federal Government agencies. (2) Elementary school or secondary school teachers. (3) Institutions of higher education, including minority-serving institutions and community colleges. (4) Employers of individuals with expertise in computer science and engineering. (d) Compensation and expenses Members of the task force shall serve without compensation. (e) Information portal (1) In general The task force shall establish and maintain, an information portal which shall— (A) include the establishment of an online, publicly available information portal for use by elementary schools and secondary schools and stakeholders that directs users to key data and tools to build or update curricula for elementary and secondary education on coding and computer programming; and (B) expand and be complementary to existing Federal efforts promoting coding and computer programming in elementary schools and secondary schools to prepare for high paying skilled jobs in the computer programming field. (2) Contents The information portal established under this subsection shall direct users (who may include elementary schools and secondary schools, academia, and private sector stakeholders, and non-profit organizations with expertise in coding), to coordinated and systematic information on promoting coding and computer programming in elementary schools and secondary schools to prepare students for high paying skilled jobs in the computer programming field, including— (A) best or model practices; (B) data; (C) case studies; (D) indicators; (E) scientific reports; (F) policy recommendations for Federal, State, and local government; (G) guidance documents and design standards for elementary schools and secondary schools; (H) incentives for teachers; (I) education initiatives; (J) support tools, including draft curricula and appropriate materials for teachers; (K) public and private sources of assistance to available to support computer science and engineering in elementary schools and secondary schools; and (L) such other information as the coordinating as the task force considers appropriate. (f) Report Not later than 24 months after the date of enactment of this Act, the Secretary shall transmit to the Committees on Education and Workforce and Oversight and Government Reform of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Homeland Security and Governmental Affairs of the Senate a report describing the findings and recommendations of the task force. (g) Termination The task force shall terminate upon the completion of information portal report required under subsection (e) and the transmittal of the report required under subsection (f) . (h) Definitions In this section: (1) ESEA terms The terms elementary school and secondary school have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Community college The term community college has the meaning given the term junior or community college in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) ). (3) 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 ). (4) Minority-serving institution The term minority-serving institution means an institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 20 U.S.C. 1067q(a) ). (5) Secretary The term Secretary means the Secretary of Education. | https://www.govinfo.gov/content/pkg/BILLS-113hr3734ih/xml/BILLS-113hr3734ih.xml |
113-hr-3735 | I 113th CONGRESS 1st Session H. R. 3735 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Carney (for himself and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the new markets tax credit and provide designated allocations for areas impacted by a decline in manufacturing.
1. Short title This Act may be cited as the Manufacturing Communities Investment Act . 2. Extension of new markets tax credit with designated allocations for areas impacted by decline in manufacturing (a) Extension of credit Section 45D(f)(1) of the Internal Revenue Code of 1986 is amended by striking the period at the end of subparagraph (G) and inserting , and and by adding at the end the following new subparagraph: (H) $5,000,000,000 for 2014, 2015, and 2016. . (b) Allocations designated for areas impacted by decline in manufacturing Section 45D(f) of such Code is amended by adding at the end the following new paragraph: (4) Allocations for areas impacted by decline in manufacturing The new markets tax credit limitation otherwise determined under paragraph (1) for calendar years 2014, 2015, and 2016 shall each be increased by $1,000,000,000. A qualified community development entity shall be eligible for an allocation under paragraph (2) of the increase described in the preceding sentence only if a significant mission of such entity is providing investments and services to persons in the trade or business of manufacturing products in communities which have suffered major manufacturing job losses or a major manufacturing job loss event, as designated by the Secretary. Paragraph (3) shall be applied separately with respect to the increase provided under this paragraph. . (c) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3735ih/xml/BILLS-113hr3735ih.xml |
113-hr-3736 | I 113th CONGRESS 1st Session H. R. 3736 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Ms. DeGette (for herself and Mr. Farenthold ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide that certain uses of a patent or copyright in compliance with an order of the Federal Communications Commission for emergency communications services shall be construed as use or manufacture for the United States.
1. Short title This Act may be cited as the Protect Advanced Communications for Emergency Services Act of 2013 or the PACES Act . 2. Findings Congress finds that— (1) there are an estimated 302,000,000 active wireless mobile device users in the United States with an estimated 51,000,000 people in the United States living in households that rely solely on wireless communication devices (almost 25 percent of households in the United States), of which 21,000,000 are children; (2) people in the United States make more than 300,000 wireless E–9–1–1 (enhanced 9–1–1) calls daily; (3) a majority of 9–1–1 calls now originate from mobile devices, making an advanced wireless 9–1–1 service system a critical national asset for law enforcement, homeland security, and emergency responders who rely on this wireless location-based information to effectively dispatch assistance; (4) the Federal Communications Commission mandates all wireless phone carriers and IP-enabled voice service providers to provide services enabling users to dial 9–1–1 with a stated purpose of allowing government first responders, homeland security, police, fire and other government public safety officials the ability to accurately locate 9–1–1 callers using wireless devices; (5) the growing reliance of the people of the United States and public safety, homeland security, and law enforcement officials on emerging wireless technologies is leading to the need for national text to 9–1–1, as well as picture and video 9–1–1 capabilities from mobile devices; (6) emerging technologies can be a critical component of the end-to-end communications infrastructure connecting the public with emergency medical service providers and emergency dispatch providers, public safety, fire service, and law enforcement officials, and hospital emergency and trauma care facilities, to reduce emergency response times and provide appropriate care; (7) improved public safety remains an important public health objective of Federal, State, and local governments and substantially facilitates interstate and foreign commerce; (8) wireless carriers and their vendors, in complying with the Federal mandate to provide E–9–1–1 location-based technology, have become targets of or been impacted by patent infringement lawsuits; (9) patent infringement lawsuits brought by what the Federal Trade Commission has termed Patent Assertion Entities are— (A) compromising the ability of wireless carriers to provide current wireless 9–1–1 services; and (B) deterring the implementation of innovative new technologies that could meet next generation 9–1–1 public safety needs such as text, picture, and video 9–1–1 capabilities; (10) section 1498 of title 28, United States Code, was designed to protect those required by the Government to provide a service by or for the United States while also providing legitimate patent holders with an appropriate means to recover reasonable and entire compensation for their patents; (11) this Act clarifies that patented technologies required to provide 9–1–1, enhanced 9–1–1, and other emergency communications services, as defined in section 7 of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615b ), are provided by and for the United States and with the authorization or consent of the United States for the purposes of section 1498 of title 28, United States Code; and (12) this Act does not modify or invalidate any patent, preserves all patent claims, and does not prevent patent litigation. 3. Jurisdiction for claims regarding other emergency services Section 1498 of title 28, United States Code, is amended by adding at the end the following: (f) Jurisdiction for claims regarding 9–1–1, enhanced 9–1–1, or other emergency communications service Beginning after the date of enactment of this subsection, any action under section 271 of title 35 against a wireless carrier subject to section 20.18 of title 47, Code of Federal Regulations, or any successor thereto, or an IP-enabled voice service provider subject to section 6(a) of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615a–1(a) ), regarding the provision of 9–1–1, enhanced 9–1–1, or other emergency communications service (as defined in section 7 of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615b )), shall be filed in accordance with this section. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3736ih/xml/BILLS-113hr3736ih.xml |
113-hr-3737 | I 113th CONGRESS 1st Session H. R. 3737 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to provide for an option for any citizen or permanent resident of the United States to buy into Medicare.
1. Short title This Act may be cited as the Public Option Act or the Medicare You Can Buy Into Act . 2. Universal Medicare buy-in option (a) In general Part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ) is amended— (1) in section 1818(a) ( 42 U.S.C. 1395i–2(a) ), by striking or 1818A and inserting , 1818A, or 1818B ; and (2) by inserting after section 1818A the following new section: 1818B. Universal buy-in (a) In general Every individual who— (1) is a resident of the United States; (2) is either (A) a citizen or national of the United States, or (B) an alien lawfully admitted for permanent residence; and (3) is not otherwise entitled to benefits under this part or eligible to enroll under this part; shall be eligible to enroll in the insurance program established by this part. An individual may enroll under this section only in such manner and form as may be prescribed in regulations, and only during an enrollment period prescribed in or under this section. (b) Enrollment; coverage The Secretary shall establish enrollment periods and coverage under this section consistent with the principles for establishment of enrollment periods and coverage for individuals under section 1818, except that no entitlement to benefits under this part shall be effective before the first day of the first calendar year beginning after the date of the enactment of this Act. (c) Premiums (1) In general The provisions of subsections (d)(1), (d)(2), and (d)(3) of section 1818 insofar as they apply to premiums (including collection of premiums) shall apply to premiums and collection of premiums under this section, except that— (A) paragraphs (4) and (5) of section 1818 shall not be applicable; and (B) the estimate of the monthly actuarial rate under section 1818(d) shall be computed and applied under this paragraph based upon costs incurred for individuals within each age cohort specified in paragraph (2) rather than for all individuals age 65 and older. (2) Age cohorts The age cohorts specified in this paragraph are as follows: (A) Individuals under 19 years of age. (B) Individuals at least 19 years of age but not more than 25 years of age. (C) Individuals at least 26 years of age and not more than 35 years of age. (D) Individuals at least 36 years of age and not more than 45 years of age. (E) Individuals at least 46 years of age and not more than 55 years of age. (F) Individuals at least 56 years of age and not more than 64 years of age. (d) Treatment An individual enrolled under this part pursuant to this section shall not be treated as enrolled under this part (or any other part of this title) for purposes of obtaining medical assistance for medicare cost-sharing or otherwise under title XIX. (e) Treatment in relation to the affordable care act (1) Satisfaction of individual mandate For purposes of applying section 5000A of the Internal Revenue Code of 1986 (relating to requirement to maintain minimum essential coverage), the coverage provided under this section constitutes minimum essential coverage under subsection (f)(1)(A)(i) of such section. (2) Eligibility for premium assistance For purposes of applying section 36B of the Internal Revenue Code of 1986, coverage provided under this section shall be treated as provision of a qualified health plan offered in the individual market in the Exchange where the individual resides. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3737ih/xml/BILLS-113hr3737ih.xml |
113-hr-3738 | I 113th CONGRESS 1st Session H. R. 3738 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Ms. Edwards (for herself, Mr. Delaney , and Mr. Honda ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Education to award grants to States that enact State laws that will make school attendance compulsory through the age of 17.
1. Short title This Act may be cited as the Broadening Opportunities Through Education Act . 2. Grant program for States with compulsory school attendance through the age of 17 (a) Program authorized From the amounts appropriated to carry out this Act and not later than 90 days after such amounts are appropriated, the Secretary of Education shall award grants, on a competitive basis, to States with approved applications under subsection (b) to assist such States in improving secondary school programs. (b) Application To be eligible to receive a grant under this Act, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (1) a description of the State law that the State has enacted that makes school attendance in the State compulsory through the age of 17 (except in cases of individuals who complete the secondary school graduation requirements of the State prior to attaining such age) including a description of any other exemptions to such law; and (2) a description of how the State will use the grant to carry out or improve secondary school programs in the State. (c) Uses of funds A State that receives a grant under this Act shall use such grant to improve secondary school programs in the State, such as by— (1) establishing or expanding work-based programs that integrate academic and career-based skills through career and technical training, linked learning pathways, school-registered apprenticeships, and other career-training programs; (2) implementing an early warning indicator system to help high schools, and their feeder middle schools, to identify struggling students and create a system of evidence-based interventions; (3) providing evidence-based grade and school transition programs and supports, including through curricula alignment; (4) personalizing the school experience and increasing student engagement by providing service-learning, experiential, and work-based and other learning opportunities; (5) providing extended-learning opportunities, by the school day, week, or year to increase the total number of school hours to include additional time for instruction in academic subjects and enrichment; or (6) increasing student supports through activities such as student advisories, school counseling opportunities, and one-to-one mentoring. (d) Definitions For purposes of this Act: (1) ESEA terms The terms secondary school and State have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Secretary The term Secretary means the Secretary of Education. | https://www.govinfo.gov/content/pkg/BILLS-113hr3738ih/xml/BILLS-113hr3738ih.xml |
113-hr-3739 | I 113th CONGRESS 1st Session H. R. 3739 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Ms. Edwards 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 equalize the exclusion from gross income of parking and transportation fringe benefits and to provide for a common cost-of-living adjustment, and for other purposes.
1. Uniform dollar limitation for all types of transportation fringe benefits (a) In general Section 132(f)(2) of the Internal Revenue Code of 1986 is amended— (1) by striking $100 in subparagraph (A) and inserting $245 , (2) by striking $175 in subparagraph (B) and inserting $245 , and (3) by striking the last sentence. (b) Inflation adjustment conforming amendments Subparagraph (A) of section 132(f)(6) of the Internal Revenue Code of 1986 is amended— (1) by striking the last sentence, (2) by striking 1999 and inserting 2013 , and (3) by striking 1998 and inserting 2012 . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3739ih/xml/BILLS-113hr3739ih.xml |
113-hr-3740 | I 113th CONGRESS 1st Session H. R. 3740 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Ms. Edwards (for herself, Mr. Conyers , Ms. DeLauro , Mr. Ruppersberger , Ms. Matsui , and Ms. Meng ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to make the credit for dependent care expenses refundable and to index the income phaseout of the credit for inflation.
1. Short title This Act may be cited as the Child Care Access and Refundability Expansion Act or as the Child CARE Act . 2. Credit for dependent care expenses (a) Credit made refundable (1) In general The Internal Revenue Code of 1986 is amended by redesignating section 21 as section 36C and by moving such section after section 36B. (2) Credit not allowed to nonresident aliens Section 36C(a)(1) of the Internal Revenue Code of 1986, as redesignated by this section, is amended by inserting (other than a nonresident alien) after In the case of an individual . (3) Conforming amendments (A) Section 23(f)(1) of such Code is amended by striking section 21(e) and inserting section 36C(e) . (B) Section 35(g)(6) of such Code is amended by striking section 21(e) and inserting section 36C(e) . (C) Section 36C(a)(1) of such Code, as redesignated by this section, is amended by striking this chapter and inserting this subtitle . (D) Section 129(a)(2)(C) of such Code is amended by striking section 21(e) and inserting section 36C(e) . (E) Section 129(b)(2) of such Code is amended by striking section 21(d)(2) and inserting section 36C(d)(2) . (F) Section 129(e)(1) of such Code is amended by striking section 21(b)(2) and inserting section 36C(b)(2) . (G) Section 213(e) of such Code is amended by striking section 21 and inserting section 36C . (H) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (I) Section 6213(g)(2)(H) of such Code is amended by striking section 21 and inserting section 36C . (J) Section 6213(g)(2)(L) of such Code is amended by striking section 21, 24, 32, or 6428 and inserting section 24, 32, 36C, or 6428 . (K) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, after 36B, . (L) The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the item relating to section 21 . (M) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Expenses for household and dependent care services necessary for gainful employment. . (b) Inflation adjustment of income thresholds for credit phasedown Section 36C(e) of the Internal Revenue Code of 1986, as redesignated by this section, is amended by adding at the end the following new paragraph: (11) Inflation adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2013, the $2,000 amount and the $15,000 amount in subsection (a)(2) shall each 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 2012 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding Any increase determined under subparagraph (A) shall be rounded to the nearest multiple of— (i) in the case of the $2,000 amount, $50, and (ii) in the case of the $15,000 amount, $100. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3740ih/xml/BILLS-113hr3740ih.xml |
113-hr-3741 | I 113th CONGRESS 1st Session H. R. 3741 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Ms. Edwards (for herself, Ms. Lee of California , Mr. Johnson of Georgia , Mr. Lewis , Mr. Serrano , Mr. Cummings , Ms. Schakowsky , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 abolish the death penalty under Federal law.
1. Short title This Act may be cited as the Federal Death Penalty Abolition Act of 2013 . 2. Repeal of Federal laws providing for the death penalty (a) Homicide-Related offenses (1) Murder related to the smuggling of aliens Section 274(a)(1)(B)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(B)(iv) ) is amended by striking punished by death or . (2) Destruction of aircraft, motor vehicles, or related facilities resulting in death Section 34 of title 18, United States Code, is amended by striking to the death penalty or . (3) Murder committed during a drug-related drive-by shooting Section 36(b)(2)(A) of title 18, United States Code, is amended by striking death or . (4) Murder committed at an airport serving international civil aviation Section 37(a) of title 18, United States Code, is amended, in the matter following paragraph (2), by striking punished by death or . (5) Murder committed using chemical weapons Section 229A(a)(2) of title 18, United States Code, is amended— (A) in the paragraph heading, by striking Death penalty and inserting Causing death ; and (B) by striking punished by death or . (6) Civil rights offenses resulting in death Chapter 13 of title 18, United States Code, is amended— (A) in section 241, by striking , or may be sentenced to death ; (B) in section 242, by striking , or may be sentenced to death ; (C) in section 245(b), by striking , or may be sentenced to death ; and (D) in section 247(d)(1), by striking , or may be sentenced to death . (7) Murder of a member of congress, an important executive official, or a supreme court justice Section 351 of title 18, United States Code, is amended— (A) in subsection (b)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period; and (B) in subsection (d)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period. (8) Death resulting from offenses involving transportation of explosives, destruction of government property, or destruction of property related to foreign or interstate commerce Section 844 of title 18, United States Code, is amended— (A) in subsection (d), by striking or to the death penalty ; (B) in subsection (f)(3), by striking subject to the death penalty, or ; (C) in subsection (i), by striking or to the death penalty ; and (D) in subsection (n), by striking (other than the penalty of death) . (9) Murder committed by use of a firearm or armor piercing ammunition during commission of a crime of violence or a drug trafficking crime Section 924 of title 18, United States Code, is amended— (A) in subsection (c)(5)(B)(i), by striking punished by death or ; and (B) in subsection (j)(1), by striking by death or . (10) Genocide Section 1091(b)(1) of title 18, United States Code, is amended by striking death or . (11) First degree murder Section 1111(b) of title 18, United States Code, is amended by striking by death or . (12) Murder by a Federal prisoner Section 1118 of title 18, United States Code, is amended— (A) in subsection (a), by striking by death or ; and (B) in subsection (b), in the third undesignated paragraph— (i) by inserting or before an indeterminate ; and (ii) by striking , or an unexecuted sentence of death . (13) Murder of a State or local law enforcement official or other person aiding in a Federal investigation; murder of a State correctional officer Section 1121 of title 18, United States Code, is amended— (A) in subsection (a), by striking by sentence of death or ; and (B) in subsection (b)(1), by striking or death . (14) Murder during a kidnapping Section 1201(a) of title 18, United States Code, is amended by striking death or . (15) Murder during a hostage-taking Section 1203(a) of title 18, United States Code, is amended by striking death or . (16) Murder with the intent of preventing testimony by a witness, victim, or informant Section 1512(a)(2)(A) of title 18, United States Code, is amended by striking the death penalty or . (17) Mailing of injurious articles with intent to kill or resulting in death Section 1716(j)(3) of title 18, United States Code, is amended by striking to the death penalty or . (18) Assassination or kidnapping resulting in the death of the president or vice president Section 1751 of title 18, United States Code, is amended— (A) in subsection (b)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period; and (B) in subsection (d)— (i) by striking (1) ; and (ii) by striking , or (2) by death and all that follows through the end of the subsection and inserting a period. (19) Murder for hire Section 1958(a) of title 18, United States Code, is amended by striking death or . (20) Murder involved in a racketeering offense Section 1959(a)(1) of title 18, United States Code, is amended by striking death or . (21) Willful wrecking of a train resulting in death Section 1992 of title 18, United States Code, is amended— (A) in subsection (a), in the matter following paragraph (10), by striking or subject to death, ; and (B) in subsection (b), in the matter following paragraph (3), by striking , and if the offense resulted in the death of any person, the person may be sentenced to death . (22) Bank robbery-related murder or kidnapping Section 2113(e) of title 18, United States Code, is amended by striking death or . (23) Murder related to a carjacking Section 2119(3) of title 18, United States Code, is amended by striking , or sentenced to death . (24) Murder related to aggravated child sexual abuse Section 2241(c) of title 18, United States Code, is amended by striking unless the death penalty is imposed, . (25) Murder related to sexual abuse Section 2245 of title 18, United States Code, is amended by striking punished by death or . (26) Murder related to sexual exploitation of children Section 2251(e) of title 18, United States Code, is amended by striking punished by death or . (27) Murder committed during an offense against maritime navigation Section 2280(a)(1) of title 18, United States Code, is amended by striking punished by death or . (28) Murder committed during an offense against a maritime fixed platform Section 2281(a)(1) of title 18, United States Code, is amended by striking punished by death or . (29) Murder using devices or dangerous substances in waters of the United States Section 2282A of title 18, United States Code, is amended— (A) by striking subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively. (30) Murder involving the transportation of explosive, biological, chemical, or radioactive or nuclear materials Section 2283 of title 18, United States Code, is amended— (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b). (31) Murder involving the destruction of vessel or maritime facility Section 2291(d) of title 18, United States Code, is amended by striking to the death penalty or . (32) Murder of a United States national in another country Section 2332(a)(1) of title 18, United States Code, is amended by striking death or . (33) Murder by the use of a weapon of mass destruction Section 2332a of title 18, United States Code, is amended— (A) in subsection (a), in the matter following paragraph (4), by striking , and if death results shall be punished by death and all that follows through the end of the subsection and inserting a period; and (B) in subsection (b), by striking , and if death results shall be punished by death and all that follows through the end of the subsection and inserting a period. (34) Murder by Act of terrorism transcending national boundaries Section 2332b(c)(1)(A) of title 18, United States Code, is amended by striking by death, or . (35) Murder involving torture Section 2340A(a) of title 18, United States Code, is amended by striking punished by death or . (36) Murder involving a war crime Section 2441(a) of title 18, United States Code, is amended by striking , and if death results to the victim, shall also be subject to the penalty of death . (37) Murder related to a continuing criminal enterprise or related murder of a Federal, State, or local law enforcement officer Section 408(e) of the Controlled Substances Act ( 21 U.S.C. 848(e) ) is amended— (A) in the subsection heading, by striking Death penalty and inserting Intentional killing ; and (B) in paragraph (1)— (i) subparagraph (A), by striking , or may be sentenced to death ; and (ii) in subparagraph (B), by striking , or may be sentenced to death . (38) Death resulting from aircraft hijacking Section 46502 of title 49, United States Code, is amended— (A) in subsection (a)(2)(B), by striking put to death or ; and (B) in subsection (b)(1)(B), by striking put to death or . (b) Non-Homicide related offenses (1) Espionage Section 794(a) of title 18, United States Code, is amended by striking punished by death or and all that follows before the period and inserting imprisoned for any term of years or for life . (2) Treason Section 2381 of title 18, United States Code, is amended by striking shall suffer death, or . (c) Title 10 (1) In general Section 856 of title 10 is amended by inserting before the period at the end the following: “, except that the punishment may not include death”. (2) Offenses (A) Conspiracy Section 881(b) of title 10, United States Code (article 81(b) of the Uniform Code of Military Justice), is amended by striking , if death results and all that follows through the end and inserting as a court-martial or military commission may direct. . (B) Desertion Section 885(c) of title 10, United States Code (article 85(c)), is amended by striking , if the offense is committed in time of war and all that follows through the end and inserting as a court-martial may direct. . (C) Assaulting or willfully disobeying superior commissioned officer Section 890 of title 10, United States Code (article 90), is amended by striking , if the offense is committed in time of war and all that follows and inserting as a court-martial may direct. . (D) Mutiny or sedition Section 894(b) of title 10, United States Code (article 94(b)), is amended by striking by death or such other punishment . (E) Misbehavior before the enemy Section 899 of title 10, United States Code (article 99), is amended by striking by death or such other punishment . (F) Subordinate compelling surrender Section 900 of title 10, United States Code (article 100), is amended by striking by death or such other punishment . (G) Improper use of countersign Section 901 of title 10, United States Code (article 101), is amended by striking by death or such other punishment . (H) Forcing a safeguard Section 902 of title 10, United States Code (article 102), is amended by striking suffer death and all that follows and inserting be punished as a court-martial may direct. . (I) Aiding the enemy Section 904 of title 10, United States Code (article 104), is amended by striking suffer death or such other punishment as a court-martial or military commission may direct and inserting be punished as a court-martial or military commission may direct . (J) Spies Section 906 of title 10, United States Code (article 106), is amended by striking by death and inserting by imprisonment for life . (K) Espionage Section 906a of title 10, United States Code (article 106a), is amended— (i) by striking subsections (b) and (c); (ii) by redesignating paragraphs (2) and (3) of subsection (a) as subsections (b) and (c), respectively; (iii) in subsection (a)— (I) by striking (1) ; (II) by striking paragraph (2) and inserting subsection (b) ; (III) by striking paragraph (3) and inserting subsection (c) ; and (IV) by striking as a court-martial may direct, and all that follows and inserting as a court-martial may direct. ; (iv) in subsection (b), as so redesignated— (I) by striking paragraph (1) and inserting subsection (a) ; and (II) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (v) in subsection (c), as so redesignated, by striking paragraph (1) and inserting subsection (a) . (L) Improper hazarding of vessel The text of section 910 of title 10, United States Code (article 110), is amended to read as follows: Any person subject to this chapter who willfully and wrongfully, or negligently, hazards or suffers to be hazarded any vessel of the Armed Forces shall be punished as a court-martial may direct. . (M) Misbehavior of sentinel Section 913 of title 10, United States Code (article 113), is amended by striking , if the offense is committed in time of war and all that follows and inserting as a court-martial may direct. . (N) Murder Section 918 of title 10, United States Code (article 118), is amended by striking death or imprisonment for life as a court-martial may direct and inserting imprisonment for life . (O) Death or injury of an unborn child Section 919a(a) of title 10, United States Code, is amended— (i) in paragraph (1), by striking , other than death, ; and (ii) by striking paragraph (4). (P) Crimes triable by military commission Section 950v(b) of title 10, United States Code, is amended— (i) in paragraph (1), by striking by death or such other punishment ; (ii) in paragraph (2), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (iii) in paragraph (7), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (iv) in paragraph (8), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (v) in paragraph (9), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (vi) in paragraph (11)(A), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (vii) in paragraph (12)(A), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (viii) in paragraph (13)(A), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (ix) in paragraph (14), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (x) in paragraph (15), by striking by death or such other punishment ; (xi) in paragraph (17), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (xii) in paragraph (23), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (xiii) in paragraph (24), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. ; (xiv) in paragraph (27), by striking by death or such other punishment ; and (xv) in paragraph (28), by striking , if death results and all that follows and inserting as a military commission under this chapter may direct. . (3) Jurisdictional and procedural matters (A) Dismissed officer's right to trial by court-martial Section 804(a) of title 10, United States Code (article 4(a) of the Uniform Code of Military Justice), is amended by striking or death . (B) Courts-martial classified Section 816(1)(A) of title 10, United States Code (article 10(1)(A)), is amended by striking or, in a case in which the accused may be sentenced to a penalty of death and all that follows through (article 25a) . (C) Jurisdiction of general courts-martial Section 818 of title 10, United States Code (article 18), is amended— (i) in the first sentence by striking including the penalty of death when specifically authorized by this chapter and inserting except death ; and (ii) by striking the third sentence. (D) Jurisdiction of special courts-martial Section 819 of title 10, United States Code (article 19), is amended in the first sentence by striking for any noncapital offense and all that follows and inserting for any offense made punishable by this chapter. . (E) Jurisdiction of summary courts-martial Section 820 of title 10, United States Code (article 20), is amended in the first sentence by striking noncapital . (F) Number of members in capital cases (i) In general Section 825a of title 10, United States Code (article 25a), is repealed. (ii) Clerical amendment The table of sections at the beginning of subchapter V of chapter 47 of title 10, United States Code, is amended by striking the item relating to section 825a (article 25a). (G) Absent and additional members Section 829(b)(2) of title 10, United States Code (article 29(b)(2)), is amended by striking or, in a case in which the death penalty may be adjudged and all that follows and inserting a period. (H) Statute of limitations Subsection (a) of section 843 of title 10, United States Code (article 43), is amended to read as follows: (a) (1) A person charged with an offense described in paragraph (2) may be tried and punished at any time without limitation. (2) An offense described in this paragraph is any offense as follows: (A) Absence without leave or missing movement in time of war. (B) Murder. (C) Rape. (D) A violation of section 881 of this title (article 81) that results in death to one or more of the victims. (E) Desertion or attempt to desert in time of war. (F) A violation of section 890 of this title (article 90) committed in time of war. (G) Attempted mutiny, mutiny, sedition, or failure to suppress or report a mutiny or sedition. (H) A violation of section 899 of this title (article 99). (I) A violation of section 900 of this title (article 100). (J) A violation of section 901 of this title (article 101). (K) A violation of section 902 of this title (article 102). (L) A violation of section 904 of this title (article 104). (M) A violation of section 906 of this title (article 106). (N) A violation of section 906a of this title (article 106a). (O) A violation of section 910 of this title (article 110) in which the person subject to this chapter willfully and wrongfully hazarded or suffered to be hazarded any vessel of the Armed Forces. (P) A violation of section 913 of this title (article 113) committed in time of war. . (I) Pleas of accused Section 845(b) of title 10, United States Code (article 45(b)), is amended— (i) by striking the first sentence; and (ii) by striking With respect to any other charge and inserting With respect to any charge . (J) Depositions Section 849 of title 10, United States Code (article 49), is amended— (i) in subsection (d), by striking in any case not capital ; and (ii) by striking subsections (e) and (f). (K) Admissibility of records of courts of inquiry Section 850 of title 10, United States Code (article 50), is amended— (i) in subsection (a), by striking not capital and ; and (ii) in subsection (b), by striking capital cases or . (L) Number of votes required for conviction and sentencing by court-martial Section 852 of title 10, United States Code (article 52), is amended— (i) in subsection (a)— (I) by striking paragraph (1); (II) by redesignating paragraph (2) as subsection (a); and (III) by striking any other offense and inserting any offense ; and (ii) in subsection (b)— (I) by striking paragraph (1); and (II) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (M) Record of trial Section 854(c)(1)(A) of title 10, United States Code (article 54(c)(1)(A)), is amended by striking death, . (N) Forfeiture of pay and allowances during confinement Section 858b(a)(2)(A) of title 10, United States Code (article 58b(a)(2)(A)), is amended by striking or death . (O) Waiver or withdrawal of appeal Section 861 of title 10, United States Code (article 61), is amended— (i) in subsection (a), by striking except a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, ; and (ii) in subsection (b), by striking Except in a case in which the sentence as approved under section 860(c) of this title (article 60(c)) includes death, the accused and inserting The accused . (P) Review by Court of Criminal Appeals Section 866(b) of title 10, United States Code (article 66(b)), is amended— (i) in the matter preceding paragraph (1), by inserting in which after court-martial ; (ii) in paragraph (1), by striking in which the sentence, as approved, extends to death, and inserting the sentence, as approved, extends to ; and (iii) in paragraph (2), by striking except in the case of a sentence extending to death, . (Q) Review by Court of Appeals for the Armed Forces Section 867(a) of title 10, United States Code (article 67(a)), is amended— (i) by striking paragraph (1); and (ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (R) Execution of sentence Section 871 of title 10, United States Code (article 71), is amended— (i) by striking subsection (a); (ii) by redesignating subsection (b) as subsection (a); (iii) by striking subsection (c) and inserting the following: (b) (1) If a sentence extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is not waived, and an appeal is not withdrawn, under section 861 of this title (article 61), that part of the sentence extending to dismissal or a dishonorable or bad conduct discharge may not be executed until there is a final judgment as to the legality of the proceedings (and with respect to dismissal, approval under subsection (a)). A judgment as to legality of the proceedings is final in such cases when review is completed by a Court of Criminal Appeals and— (A) the time for the accused to file a petition for review by the Court of Appeals for the Armed Forces has expired and the accused has not filed a timely petition for such review and the case is not otherwise under review by that Court; (B) such a petition is rejected by the Court of Appeals for the Armed Forces; or (C) review is completed in accordance with the judgment of the Court of Appeals for the Armed Forces and— (i) a petition for a writ of certiorari is not filed within the time limits prescribed by the Supreme Court; (ii) such a petition is rejected by the Supreme Court; or (iii) review is otherwise completed in accordance with the judgment of the Supreme Court. (2) If a sentence extends to dismissal or a dishonorable or bad conduct discharge and if the right of the accused to appellate review is waived, or an appeal is withdrawn, under section 861 of this title (article 61), that part of the sentence extending to dismissal or a bad conduct or dishonorable discharge may not be executed until review of the case by a judge advocate (and any action on that review) under section 864 of this title (article 64) is completed. Any other part of a court-martial sentence may be ordered executed by the convening authority or other person acting on the case under section 860 of this title (article 60) when approved by him under that section. ; (iv) by redesignating subsection (d) as subsection (c); and (v) in subsection (c), as so redesignated, by striking , except a sentence of death . (S) General article Section 934 of title 10, United States Code (article 134), is amended by striking crimes and offenses not capital and inserting crimes and offenses . (T) Jurisdiction of military commissions Section 948d of title 10, United States Code, is amended by striking including the penalty of death and all that follows and inserting except death. . (U) Number of members of military commissions Subsection (a) of section 948m of title 10, United States Code, is amended to read as follows: (a) Number of members A military commission under this chapter shall have at least 5 members. . (V) Number of votes required for sentencing by military commission Section 949m of title 10, United States Code, is amended— (i) in subsection (b)— (I) by striking paragraph (1); and (II) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (ii) by striking subsection (c). (W) Appellate referral for military commissions Section 950c of title 10, United States Code, is amended— (i) in subsection (b)(1), by striking Except a case in which the sentence as approved under section 950b of this title extends to death, an accused and inserting An accused ; and (ii) in subsection (c), by striking Except in a case in which the sentence as approved under section 950b of this title extends to death, the accused and inserting The accused . (X) Execution of sentence by military commissions (i) In general Section 950i of title 10, United States Code, is amended— (I) in the section heading, by striking Execution of sentence; suspension and inserting Suspension ; (II) by striking subsections (b) and (c); (III) by redesignating subsection (d) as subsection (b); and (IV) in subsection (b), as so redesignated, by striking , except a sentence of death . (ii) Clerical amendment The table of sections at the beginning of subchapter VI of chapter 47A of title 10, United States Code, is amended by striking the item relating to section 950i and inserting the following new item: 950i. Execution of sentence. . (d) Conforming amendments (1) Repeal of criminal procedures relating to imposition of death sentence (A) In general Chapter 228 of title 18, United States Code, is repealed. (B) Clerical amendment The table of chapters for part II of title 18, United States Code, is amended by striking the item relating to chapter 228. (2) Other provisions (A) Interception of wire, oral, or electronic communications Section 2516(1)(a) of title 18, United States Code, is amended by striking by death or . (B) Release and detention pending judicial proceedings Chapter 207 of title 18, United States Code, is amended— (i) in section 3142(f)(1)(B), by striking or death ; and (ii) in section 3146(b)(1)(A)(i), by striking death, life imprisonment, and inserting life imprisonment . (C) Venue in capital cases Chapter 221 of title 18, United States Code, is amended— (i) by striking section 3235; and (ii) in the table of sections, by striking the item relating to section 3235. (D) Period of limitations (i) In general Chapter 213 of title 18, United States Code, is amended by striking section 3281 and inserting the following: 3281. Offenses with no period of limitations An indictment may be found at any time without limitation for the following offenses: (1) A violation of section 274(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(A) ) resulting in the death of any person. (2) A violation of section 34 of this title. (3) A violation of section 36(b)(2)(A) of this title. (4) A violation of section 37(a) of this title that results in the death of any person. (5) A violation of section 229A(a)(2) of this title. (6) A violation of section 241, 242, 245(b), or 247(a) of this title that— (A) results in death; or (B) involved kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. (7) A violation of subsection (b) or (d) of section 351 of this title. (8) A violation of section 794(a) of this title. (9) A violation of subsection (d), (f), or (i) of section 844 of this title that results in the death of any person (including any public safety officer performing duties as a direct or proximate result of conduct prohibited by such subsection). (10) An offense punishable under subsection (c)(5)(B)(i) or (j)(1) of section 924 of this title. (11) An offense punishable under section 1091(b)(1) of this title. (12) A violation of section 1111 of this title that is murder in the first degree. (13) A violation of section 1118 of this title. (14) A violation of subsection (a) or (b) of section 1121 of this title. (15) A violation of section 1201(a) of this title that results in the death of any person. (16) A violation of section 1203(a) of this title that results in the death of any person. (17) An offense punishable under section 1512(a)(3) of this title that is murder (as that term is defined in section 1111 of this title). (18) An offense punishable under section 1716(j)(3) of this title. (19) A violation of subsection (b) or (d) of section 1751 of this title. (20) A violation of section 1958(a) of this title that results in death. (21) A violation of section 1959(a) of this title that is murder. (22) A violation of subsection (a) (except for a violation of paragraph (8), (9) or (10) of such subsection) or (b) of section 1992 of this title that results in the death of any person. (23) A violation of section 2113(e) of this title that results in death. (24) An offense punishable under section 2119(3) of this title. (25) An offense punishable under section 2245(a) of this title. (26) An violation of section 2251 of this title that results in the death of a person. (27) A violation of section 2280(a)(1) of this title that results in the death of any person. (28) A violation of section 2281(a)(1) of this title that results in the death of any person. (29) A violation of section 2282A(a) of this title that causes the death of any person. (30) A violation of section 2283(a) of this title that causes the death of any person. (31) An offense punishable under section 2291(d) of this title. (32) An offense punishable under section 2332(a)(1) of this title. (33) A violation of subsection (a) or (b) of section 2332a of this title that results in death. (34) An offense punishable under section 2332b(c)(1)(A) of this title. (35) A violation of section 2340A(a) of this title that results in the death of any person. (36) A violation of section 2381 of this title. (37) A violation of section 2441(a) of this title that results in the death of the victim. (38) A violation of section 408(e) of the Controlled Substances Act ( 21 U.S.C. 848(e) ). (39) An offense punishable under subsection (a)(2)(B) or (b)(1)(B) of section 46502 of title 49. . (ii) Clerical amendment The table of sections for chapter 213 of title 18, United States Code, is amended by striking the item relating to section 3281 and inserting the following: 3281. Offenses with no period of limitations. . 3. Prohibition on imposition of death sentence (a) In general Notwithstanding any other provision of law, no person may be sentenced to death or put to death on or after the date of enactment of this Act for any violation of Federal law. (b) Persons sentenced before date of enactment Notwithstanding any other provision of law, any person sentenced to death before the date of enactment of this Act for any violation of Federal law shall serve a sentence of life imprisonment without the possibility of parole. | https://www.govinfo.gov/content/pkg/BILLS-113hr3741ih/xml/BILLS-113hr3741ih.xml |
113-hr-3742 | I 113th CONGRESS 1st Session H. R. 3742 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Gingrey of Georgia (for himself, Mr. Gene Green of Texas , Mr. Shimkus , Ms. Eshoo , Mr. Whitfield , Ms. DeGette , Mrs. Blackburn , Mr. Engel , Mr. Griffith of Virginia , and Mr. Butterfield ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for approval of certain drugs and biological products indicated for use in a limited population of patients in order to address increases in bacterial and fungal resistance to drugs and biological products, and for other purposes.
1. Short title This Act may be cited as the Antibiotic Development to Advance Patient Treatment Act of 2013 . 2. Approval of certain drugs for use in a limited population of patients (a) Approval of certain antibacterial and antifungal drugs Section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) is amended by adding at the end the following: (x) Approval of certain antibacterial and antifungal drugs for use in a limited population of patients (1) Approval At the request of the sponsor of an antibacterial or antifungal drug that is intended to treat a serious or life-threatening disease or condition, the Secretary— (A) may approve the drug under subsection (c) to treat a limited population of patients for which there is an unmet medical need; (B) in determining whether to grant such approval for a limited population of patients, may rely on traditional endpoints, alternative endpoints, or a combination of traditional and alternative endpoints; datasets of limited size; pharmacologic or pathophysiologic data; data from phase 2 clinical studies; and such other confirmatory evidence as the Secretary deems necessary; and (C) shall require the labeling of drugs approved pursuant to this subsection to prominently include in the prescribing information required by section 201.57 of title 21, Code of Federal Regulations (or any successor regulation) the following statement: This drug is indicated for use in a limited and specific population of patients. . (2) Promotional materials The provisions of section 506(c)(2)(B) shall apply with respect to approval under this subsection to the same extent and in the same manner as such provisions apply with respect to accelerated approval under section 506(c)(1). (3) Withdrawal of limited population approval requirements If a drug is approved pursuant to this subsection to treat a limited population of patients and is subsequently approved or licensed under this section or section 351 of the Public Health Service Act, respectively, without such a limitation, the Secretary may remove any labeling requirements or postmarketing conditions made applicable to the drug during the earlier approval process. (4) Relation to other provisions Nothing in this subsection shall be construed to prohibit designation and expedited review of a drug as a breakthrough therapy under section 506(a), designation and treatment of a drug as a fast track product under section 506(b), or accelerated approval of the drug under section 506(c), in combination with approval of the drug for use in a limited population of patients under this subsection. (5) Rule of construction Nothing in this subsection shall be construed to alter the standards of evidence under subsection (c) or (d) (including the substantial evidence standard in subsection (d)). Subsections (c) and (d) and such standards of evidence apply to the review and approval of drugs under this subsection, including whether a drug is safe and effective. Nothing in this subsection shall be construed to limit the authority of the Secretary to approve products pursuant to this Act and the Public Health Service Act as authorized prior to the date of enactment of this subsection. (6) Effective immediately The Secretary shall have the authorities vested in the Secretary by this subsection beginning on the date of enactment of this subsection, irrespective of when and whether the Secretary promulgates final regulations to carry out this subsection. . (b) Licensure of certain biological products Section 351(j) of the Public Health Service Act ( 42 U.S.C. 262(j) ) is amended— (1) by striking (j) and inserting (j)(1) ; (2) by inserting 505(x), after 505(p), ; and (3) by adding at the end the following: (2) In applying section 505(x) of the Federal Food, Drug, and Cosmetic Act to the licensure of biological products under this section— (A) references to an antibacterial or antifungal drug that is intended to treat a serious or life-threatening disease or condition shall be construed to refer to biological products intended to treat a bacterial or fungal infection associated with a serious or life-threatening disease; and (B) references to approval of a drug under section 505(c) of such Act shall be construed to refer to licensure of a biological product under subsection (a) of this section. . (c) Monitoring Title III of the Public Health Service Act is amended by inserting after section 317T ( 42 U.S.C. 247b–22 ) the following: 317U. Monitoring antibacterial and antifungal drug use and resistance (a) Monitoring The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall use the National Healthcare Safety Network or another appropriate monitoring system to monitor— (1) the use of antibacterial and antifungal drugs, including those receiving approval or licensure for a limited population pursuant to section 505(x) of the Federal Food, Drug, and Cosmetic Act; and (2) changes in bacterial and fungal resistance to drugs. (b) Public availability of data The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall make the data derived from monitoring under this section publicly available for the purposes of— (1) improving the monitoring of important trends in antibacterial and antifungal resistance; and (2) ensuring appropriate stewardship of antibacterial and antifungal drugs, including those receiving approval or licensure for a limited population pursuant to section 505(x) of the Federal Food, Drug, and Cosmetic Act. . 3. Susceptibility test interpretive criteria for microbial organisms (a) In general Section 511 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360a ) is amended to read as follows: 511. Susceptibility test interpretive criteria for microbial organisms (a) In general The Secretary shall identify upon approval and subsequently update susceptibility test interpretive criteria for antibacterial drugs (including biological products intended to treat a bacterial infection and other types of antimicrobial drugs, as deemed appropriate by the Secretary), including qualified infectious disease products, by relying upon, to the extent available— (1) preclinical and clinical data, including pharmacokinetic, pharmacodynamic, and epidemiological data; (2) Bayesian and pharmacometric statistical methodologies; and (3) such other confirmatory evidence as the Secretary deems necessary. (b) Responding to susceptibility test interpretive criteria identified or updated by private entities (1) In general Each quarter of each fiscal year, the Secretary shall— (A) evaluate any appropriate new or updated susceptibility test interpretive criteria published by a nationally or internationally recognized standard development organization; and (B) publish on the public Website of the Food and Drug Administration a notice— (i) adopting the new or updated interpretive criteria; (ii) declining to adopt the new or updated interpretive criteria and explaining the reason for such decision; or (iii) adopting one or more parts of the new or updated interpretive criteria, declining to adopt the remainder of such criteria, and explaining the reason for so declining. (2) Annual compilation of notices Each year, the Secretary shall compile the notices published under paragraph (1)(B) and publish such compilation in the Federal Register. (3) Relation to section 514( c ) Any susceptibility test interpretive criterion for which an approval is in effect under paragraph (1) may be recognized as a standard by the Secretary under section 514(c)(1). (4) Use of non-adopted criteria Nothing in this section prohibits the sponsor of a drug or device from seeking approval or clearance of the drug or device, or changes to the drug, the device, or its labeling, on the basis of susceptibility test interpretive criteria which differ from those adopted pursuant to paragraph (1). (c) Definitions In this section: (1) The term qualified infectious disease product means a qualified infectious disease product designated under 505E(d). (2) The term susceptibility test interpretive criteria means one or more specific values which characterize the degree to which bacteria or other microbes are resistant to the drug (or drugs) tested, such as clinically susceptible, intermediate, or resistant. . (b) Conforming amendment Section 1111 of the Food and Drug Administration Amendments Act of 2007 (42 U.S.C. 247d–5a; relating to identification of clinically susceptible concentrations of antimicrobials) is repealed. (c) Report to Congress Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the progress made in implementing section 511 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360a ), as amended by this section. 4. No effect on health care practice Nothing in the Antibiotic Development to Advance Patient Treatment Act of 2013 (including the amendments made thereby) shall be construed to restrict, in any manner, the prescribing of antibiotics or other products by health care professionals, or to limit the practice of health care. | https://www.govinfo.gov/content/pkg/BILLS-113hr3742ih/xml/BILLS-113hr3742ih.xml |
113-hr-3743 | I 113th CONGRESS 1st Session H. R. 3743 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Al Green of Texas (for himself, Mr. Stivers , Mr. Roskam , Mr. Turner , Mr. Clay , Mr. Cleaver , Mr. Langevin , and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish a pilot program to authorize the Secretary of Housing and Urban Development to make grants to nonprofit organizations to rehabilitate and modify homes of disabled and low-income veterans.
1. Short title This Act may be cited as the Housing Assistance for Veterans Act of 2013 or the HAVEN Act . 2. Pilot program to rehabilitate and modify homes of disabled and low-income veterans (a) Definitions In this section: (1) Disabled The term disabled means an individual with a disability, as defined by section 12102 of title 42, United States Code. (2) Eligible veteran The term eligible veteran means a disabled or low-income veteran. (3) Energy efficient features or equipment The term energy efficient features or equipment means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures. (4) Low-income veteran The term low-income veteran means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary. (5) Nonprofit organization The term nonprofit organization means an organization that is— (A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986; and (B) exempt from tax under section 501(a) of such Code. (6) Primary residence (A) In general The term primary residence means a single family house, a duplex, or a unit within a multiple-dwelling structure that is the principal dwelling of an eligible veteran and is owned by such veteran or a family member of such veteran. (B) Family member defined For purposes of this paragraph, the term family member includes— (i) a spouse, child, grandchild, parent, or sibling; (ii) a spouse of such a child, grandchild, parent, or sibling; or (iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship. (7) Qualified organization The term qualified organization means a nonprofit organization that provides nationwide or statewide programs that primarily serve veterans or low-income individuals. (8) Secretary The term Secretary means the Secretary of Housing and Urban Development. (9) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. (10) Veterans service organization The term veterans service organization means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. (b) Establishment of a pilot program (1) Grant (A) In general The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans. (B) Coordination The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans. (C) Maximum grant A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization. (2) Application (A) In general Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under subparagraph (B), accompanied by such information as the Secretary may reasonably require. (B) Contents Each application submitted under subparagraph (A) shall include— (i) a plan of action detailing outreach initiatives; (ii) the approximate number of veterans the qualified organization intends to serve using grant funds; (iii) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and (iv) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans who are not eligible for programs under chapter 21 of title 38, United States Code, and meet their needs. (C) Preferences In awarding grants under the pilot program, the Secretary shall give preference to a qualified organization— (i) with experience in providing housing rehabilitation and modification services for disabled veterans; or (ii) that proposes to provide housing rehabilitation and modification services for eligible veterans who live in rural, including tribal, areas (the Secretary, through regulations, shall define the term rural areas ). (3) Criteria In order to receive a grant award under the pilot program, a qualified organization shall meet the following criteria: (A) Demonstrate expertise in providing housing rehabilitation and modification services for disabled or low-income individuals for the purpose of making the homes of such individuals accessible, functional, and safe for such individuals. (B) Have established outreach initiatives that— (i) would engage eligible veterans and veterans service organizations in projects utilizing grant funds under the pilot program; (ii) ensure veterans who are disabled receive preference in selection for assistance under this program; and (iii) identify eligible veterans and their families and enlist veterans involved in skilled trades, such as carpentry, roofing, plumbing, or HVAC work. (C) Have an established nationwide or statewide network of affiliates that are— (i) nonprofit organizations; and (ii) able to provide housing rehabilitation and modification services for eligible veterans. (D) Have experience in successfully carrying out the accountability and reporting requirements involved in the proper administration of grant funds, including funds provided by private entities or Federal, State, or local government entities. (4) Use of funds A grant award under the pilot program shall be used— (A) to modify and rehabilitate the primary residence of an eligible veteran, and may include— (i) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to— (I) accommodate the functional limitations that result from having a disability; or (II) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling; (ii) rehabilitating such residence that is in a state of interior or exterior disrepair; and (iii) installing energy efficient features or equipment if— (I) an eligible veteran’s monthly utility costs for such residence is more than 5 percent of such veteran’s monthly income; and (II) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; and (B) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program. (5) Oversight The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans. (6) Matching funds (A) In general A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization. (B) In-kind contributions In order to meet the requirement under subparagraph (A), such organization may arrange for in-kind contributions. (7) Limitation cost to the veterans A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month. (8) Reports (A) Annual report The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written— (i) the number of eligible veterans provided assistance under the pilot program; (ii) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity; (iii) the total number, types, and locations of entities contracted under such program to administer the grant funding; (iv) the amount of matching funds and in-kind contributions raised with each grant; (v) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program; (vi) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program; (vii) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program; (viii) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and (ix) any other information that the Secretary considers relevant in assessing such program. (B) Final report Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program. (C) Inspector General report Not later than March 31, 2019, the Inspector General of the Department of Housing and Urban Development shall submit to the Chairmen and Ranking Members of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing a review of— (i) the use of appropriated funds by the Secretary and by grantees under the pilot program; and (ii) oversight and accountability of grantees under the pilot program. (9) Authorization of appropriations There are authorized to be appropriated for carrying out this section $4,000,000 for each of fiscal years 2015 through 2019. | https://www.govinfo.gov/content/pkg/BILLS-113hr3743ih/xml/BILLS-113hr3743ih.xml |
113-hr-3744 | I 113th CONGRESS 1st Session H. R. 3744 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Kilmer (for himself, Mr. Moran , and Mr. Wittman ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for the compensation of Federal employees furloughed as a result of sequestration.
1. Short title This Act may be cited as the Federal Employee Pay Restoration Act . 2. Compensation for Federal employees furloughed as a result of sequestration Federal employees furloughed as a result of reductions in budget authority required pursuant to the Presidential sequestration order dated March 1, 2013, shall be compensated at their standard rate of compensation for the period of such furlough. | https://www.govinfo.gov/content/pkg/BILLS-113hr3744ih/xml/BILLS-113hr3744ih.xml |
113-hr-3745 | I 113th CONGRESS 1st Session H. R. 3745 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mrs. Kirkpatrick (for herself, Mr. Van Hollen , Ms. Michelle Lujan Grisham of New Mexico , Ms. Shea-Porter , Mrs. Bustos , Mr. Barber , Mr. Israel , Mr. George Miller of California , Mr. Waxman , and Mr. Levin ) 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 ensure that individuals who attempted to, or who are enrolled in, qualified health plans offered through an Exchange have continuity of coverage, and for other purposes.
1. Short title This Act may be cited as the Coverage Protection Act of 2013 . 2. Authority to provide timely coverage for individuals who were unable to enroll in a qualified health plan (a) In general In the case of an individual who enrolls in a qualified health plan offered through an Exchange established under title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) before February 1, 2014, the Secretary of Health and Human Services may require that the issuer of the plan treat such individual as enrolled in such plan as of December 23, 2013, if the following conditions are met: (1) Attempted timely enrollment The individual submits, not later than January 31, 2014, an attestation (in such form and manner as the Secretary may require) that the individual— (A) made reasonable, good-faith attempts, but was unable, to successfully enroll in such a plan through an Exchange before December 23, 2013; or (B) was initially determined through an Exchange to be eligible to enroll in a Medicaid plan under title XIX of the Social Security Act but is not eligible to so enroll in such a Medicaid plan and, because of such incorrect eligibility determination, was subsequently unable to enroll in a qualified health plan before December 23, 2013. (2) Payment of premiums The individual pays, not later than January 31, 2014, the amount of the applicable monthly premiums for the plan in which such individual enrolls for January and February of 2014, taking into account the amount of any premium assistance made available under section 36B of the Internal Revenue Code of 1986. (b) Application for purposes of premium assistance, reduced cost-Sharing, and individual responsibility Coverage provided under a qualified health plan for January and February of 2014 under subsection (a) shall be counted as coverage under such a plan by or through an Exchange for such months for all purposes, including the following: (1) Premium assistance Section 36B of the Internal Revenue Code of 1986. (2) Cost-sharing reductions Section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ). (3) Individual responsibility requirement Section 5000A of the Internal Revenue Code of 1986. 3. Transitional use of receipt of insurance payment as alternative to health insurance card for Exchange plans (a) In general The Secretary of Health and Human Services shall require a health insurance issuer that offers a qualified health plan through an Exchange under title I of the Patient Protection and Affordable Care Act ( Public Law 111–148 )— (1) to allow in-network providers in such plan to treat, for purposes of coverage under the plan, a receipt of payment of premiums by an individual enrolled under the plan for January or February 2014 who has not received a health insurance card from the issuer in the same manner as if such receipt were such a health insurance card issued to such individual by the issuer for services furnished during such month; and (2) to notify such in-network providers of the policy under paragraph (1). (b) Rule of construction Nothing in this section shall be construed as precluding a health care provider from directly seeking to verify the status of the enrollment of an individual in a qualified health plan offered through an Exchange by contacting the issuer of such plan. | https://www.govinfo.gov/content/pkg/BILLS-113hr3745ih/xml/BILLS-113hr3745ih.xml |
113-hr-3746 | I 113th CONGRESS 1st Session H. R. 3746 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Larson of Connecticut introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for an increase in the Federal minimum wage.
1. Short title This Act may be cited as the Fair Minimum Wage Act of 2013 . 2. Minimum wage increases (a) Minimum wage (1) In general Section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) is amended to read as follows: (1) except as otherwise provided in this section, not less than— (A) $8.50 an hour, beginning on the first day of the third month that begins after the date of enactment of the Fair Minimum Wage Act of 2013 Act; (B) $10.00 an hour, beginning 1 year after that first day; (C) $11.00 an hour, beginning 2 years after that first day; and (D) beginning on the date that is 3 years after that first day, and annually thereafter, the amount determined by the Secretary pursuant to subsection (h); . (2) Determination based on increase in the consumer price index Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is amended by adding at the end the following: (h) (1) Each year, by not later than the date that is 90 days before a new minimum wage determined under subsection (a)(1)(D) is to take effect, the Secretary shall determine the minimum wage to be in effect pursuant to this subsection for the subsequent 1-year period. The wage determined pursuant to this subsection for a year shall be— (A) not less than the amount in effect under subsection (a)(1) on the date of such determination; (B) increased from such amount by the annual percentage increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers (United States city average, all items, not seasonally adjusted), or its successor publication, as determined by the Bureau of Labor Statistics; and (C) rounded to the nearest multiple of $0.05. (2) In calculating the annual percentage increase in the Consumer Price Index for purposes of paragraph (1)(B), the Secretary shall compare such Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary prior to the first year for which a minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the preceding year, the same quarter in the preceding year, or the preceding year, respectively. . (b) Base minimum wage for tipped employees Section 3(m)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(1) ) is amended to read as follows: (1) the cash wage paid such employee, which for purposes of such determination shall be not less than— (A) for the 1-year period beginning on the first day of the third month that begins after the date of enactment of the Fair Minimum Wage Act of 2013, $3.00 an hour; (B) for each succeeding 1-year period until the hourly wage under this paragraph equals 70 percent of the wage in effect under section 6(a)(1) for such period, an hourly wage equal to the amount determined under this paragraph for the preceding year, increased by the lesser of— (i) $0.95; or (ii) the amount necessary for the wage in effect under this paragraph to equal 70 percent of the wage in effect under section 6(a)(1) for such period, rounded to the nearest multiple of $0.05; and (C) for each succeeding 1-year period after the year in which the hourly wage under this paragraph first equals 70 percent of the wage in effect under section 6(a)(1) for the same period, the amount necessary to ensure that the wage in effect under this paragraph remains equal to 70 percent of the wage in effect under section 6(a)(1), rounded to the nearest multiple of $0.05; and . (c) Publication of notice Section 6 of the Fair Labor Standards Act of 1938 (as amended by subsection (a)) ( 29 U.S.C. 206 ) is further amended by adding at the end the following: (i) Not later than 60 days prior to the effective date of any increase in the minimum wage determined under subsection (h) or required for tipped employees in accordance with subparagraph (B) or (C) of section 3(m)(1), as amended by the Fair Minimum Wage Act of 2013, the Secretary shall publish in the Federal Register and on the website of the Department of Labor a notice announcing the adjusted required wage. . (d) Effective date The amendments made by subsections (a) and (b) shall take effect on the first day of the third month that begins after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3746ih/xml/BILLS-113hr3746ih.xml |
113-hr-3747 | I 113th CONGRESS 1st Session H. R. 3747 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Larson of Connecticut (for himself, Mr. Latham , Ms. Esty , Mr. King of New York , Mr. Kind , Ms. DeLauro , Mr. Johnson of Ohio , Mr. Michaud , Mr. Loebsack , Mr. McIntyre , Mr. Blumenauer , Mr. Moran , Mr. Gerlach , Mr. Courtney , Mr. Petri , Mr. Tonko , and Mr. Schrader ) 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 increase the exclusion for benefits provided to volunteer firefighters and emergency medical responders.
1. Short title This Act may be cited as the Volunteer Responder Incentive Protection Reauthorization Act of 2013 . 2. Benefits provided to volunteer firefighters and emergency medical responders (a) Increase in dollar limitation on qualified payments Subparagraph (B) of section 139B(c)(2) of the Internal Revenue Code of 1986 is amended by striking $30 and inserting $50 . (b) Extension Subsection (d) of section 139B of the Internal Revenue Code of 1986 is amended by striking beginning after December 31, 2010. and inserting “beginning— (1) after December 31, 2010, and before January 1, 2014, or (2) after December 31, 2016. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3747ih/xml/BILLS-113hr3747ih.xml |
113-hr-3748 | I 113th CONGRESS 1st Session H. R. 3748 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Ms. Michelle Lujan Grisham of New Mexico introduced the following bill; which was referred to the Committee on Natural Resources A BILL To modify the boundaries of Cibola National Forest in the State of New Mexico, to transfer certain Bureau of Land Management land for inclusion in the national forest, and for other purposes.
1. Boundary modification and transfer of administrative jurisdiction, Cibola National Forest, New Mexico (a) Boundary modification (1) Modification The boundaries of Cibola National Forest in the State of New Mexico, are modified to include the land depicted for such inclusion on the Forest Service map titled Crest of Montezuma Proposed Land Transfer and dated October 26, 2009. (2) Availability and correction of map The map referred to in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service. The Chief of the Forest Service may make technical and clerical corrections to the map. (b) Transfer of Bureau of Land Management land (1) Transfer The Secretary of the Interior shall transfer to the administrative jurisdiction of the Secretary of Agriculture, for inclusion in, and administration as part of, Cibola National Forest, the public land administered by the Bureau of Land Management and identified as the Crest of Montezuma on the map referred to in subsection (a). (2) Effect of transfer on existing permits In the case of any permit or other land use authorization for public land transferred under paragraph (1) that is still in effect as of the transfer date, the Secretary of Agriculture shall administer the permit or other land use authorization according to the terms of the permit or other land use authorization. Upon expiration of such a permit or authorization, the Secretary of Agriculture may reauthorize the use covered by the permit or authorization under authorities available to the Secretary on such terms and conditions as the Secretary considers in the public interest. (c) Land Acquisition authority Subject to the appropriation of funds to carry out this subsection and the consent of the owner of private land included within the boundaries of Cibola National Forest by subsection (a), the Secretary of Agriculture may acquire the private land. (d) Management of Acquired Land (1) Management Any federally owned lands that have been or hereafter may be acquired for National Forest System purposes within the boundaries of Cibola National Forest, as modified by subsection (a), shall be managed as lands acquired under the Act of March 1, 1911 (commonly known as the Weeks Act; 16 U.S.C. 515 et seq. ), and in accordance with the other laws and regulations pertaining to the National Forest System. (2) Withdrawal From Mining and Certain Other Uses The land depicted on the map referred to in subsection (a) and acquired by the Secretary of Agriculture is hereby withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the public land mining laws; and (C) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. (e) Relation to land and water conservation fund act For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460l–9 ), the boundaries of Cibola National Forest, as modified by subsection (a), shall be considered to be boundaries of the Cibola National Forest as of January 1, 1965. | https://www.govinfo.gov/content/pkg/BILLS-113hr3748ih/xml/BILLS-113hr3748ih.xml |
113-hr-3749 | I 113th CONGRESS 1st Session H. R. 3749 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mrs. Carolyn B. Maloney of New York (for herself and Mr. Bilirakis ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for a Medicare demonstration project to evaluate the fiscal impact of covering low vision devices as durable medical equipment under part B of the Medicare program.
1. Short title This Act may be cited as the Medicare Demonstration of Coverage for Low Vision Devices Act of 2013 . 2. Demonstration of Medicare coverage of low vision devices as durable medical equipment (a) Establishment of demonstration project (1) In general Beginning not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall commence a project (in this section referred to as the demonstration project ) to demonstrate and evaluate the impact of covering low vision devices (including subsets of such devices) under part B of title XVIII of the Social Security Act in the same or similar manner as coverage is provided for durable medical equipment under such part. (2) Low vision device defined In this section, the term low vision device means a device, prescribed by a physician, that magnifies, enhances, or otherwise augments or interprets visual images irrespective of the size, form, or technological features of such device and does not include ordinary eyeglasses or contact lenses or a device that is otherwise available for non-prescription retail sale to the general public at a cost of less than $500. In the previous sentence, the term ordinary eyeglasses or contact lenses means lenses that are intended to fully correct visual acuity or eliminate refractive error. (b) Project details (1) Eligible participants An individual enrolled under such part is eligible to participate in the demonstration project if an ophthalmologist or optometrist, after a clinical evaluation, has determined and certifies through a prescription that furnishing a low vision device to the individual is medically necessary. (2) National scope and duration The demonstration project shall be national in scope and shall be conducted for a period of 5 years. (3) Project design The Secretary shall design the demonstration project in a manner so as to provide a rich, well-structured, and defined data set from which inferences about the impact of the project can be made using appropriate statistical methods. (4) Consultation In conducting the demonstration project the Secretary shall consult with organizations of consumers with vision loss and other stakeholder organizations. (c) Reports (1) Interim report Not later than 180 days after the last day of the third year of the demonstration project, the Secretary shall submit to the Committee on Finance of the Senate and to the Committees on Ways and Means and Energy and Commerce of the House of Representatives a report that describes the progress and preliminary findings from the demonstration project. (2) Final report Not later than 180 days after the last day of the demonstration project and after solicitation and consideration of formal written input on the project from organizations representing consumers with vision loss and other stakeholder organizations, the Secretary shall submit to such Committees a final report on the project. Such report shall include an evaluation of the fiscal impact on the Medicare program of providing coverage of low vision devices and such other findings and recommendations as the Secretary deems appropriate. (d) Funding For fiscal year 2014 and for each of the four succeeding fiscal years, out of any funds in the Treasury not otherwise appropriated, $2,500,000 is appropriated to the Secretary to carry out the demonstration project. | https://www.govinfo.gov/content/pkg/BILLS-113hr3749ih/xml/BILLS-113hr3749ih.xml |
113-hr-3750 | I 113th CONGRESS 1st Session H. R. 3750 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Ms. Matsui (for herself and Mr. Johnson of Ohio ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To promote the provision of telehealth by establishing a Federal standard for telehealth, and for other purposes.
1. Short title This Act may be cited as the Telehealth Modernization Act of 2013 . 2. Findings Congress finds the following: (1) Telehealth technologies can transform health care delivery by improving access to quality care by removing traditional barriers to health care delivery such as distance, mobility, and time constraints. (2) Telehealth is a mode of delivering health care utilizing information and communication technologies to enable the diagnosis, consultation, treatment, and care management of patients by health care providers. (3) The use of information and telecommunication technologies to deliver health care has the potential to reduce costs, improve quality, change conditions of practice, and improve access to health care, particularly in rural and medically underserved areas. (4) A lack of primary care providers, specialty providers, and transportation continues to be a significant barrier to access to health care in medically underserved rural and urban areas. (5) Parts of the nation have difficulty attracting and retaining health professionals, as well as supporting local health facilities to provide a continuum of health care. (6) Many health care providers in medically underserved areas are isolated from mentors, colleagues, and the information resources necessary to support them personally and professionally. (7) A patchwork of state regulatory environments poses legal and regulatory hurdles that are inhibiting the proliferation of private-sector telehealth innovations and have created significant uncertainty for the telehealth community. (8) As of June 2013, 40 out of 50 states have introduced legislation addressing telehealth policy, with wide variations in how telehealth is defined. (9) To help clarify this uncertainty and provide States with appropriate guidance, Congress should provide a workable Federal definition of telehealth that ensures the highest common denominator of care while facilitating future innovation. (10) The fundamental health care provider-patient relationship cannot only be preserved through a Federal definition of telehealth, but also can be established, augmented, and enhanced through the use of telehealth. 3. Federal standard for telehealth (a) In general If a State authorizes a health care professional to deliver health care to an individual, the State should also authorize the health care professional to deliver such health care to such individual through telehealth, subject to the conditions specified in subsection (b). (b) Conditions The following are conditions for the delivery of health care through telehealth by a health care professional to an individual that States should consider adopting: (1) Accessibility and review of medical history The health care professional should have access to the medical history of the individual, and should review such medical history with the individual, to the same extent that the health care professional would have access to such medical history and would review such medical history if delivering the health care in person. (2) Identification of underlying conditions and contraindications To the extent practicable, the health care professional should attempt to identify the conditions underlying the symptoms, if any, reported by the individual before such professional provides any diagnosis or treatment to the individual. In the case that the health care professional recommends a treatment to the individual, the health care professional should review with the individual the contraindications to the recommended treatment. (3) Diagnosis Subject to the professional discretion of the health care professional, such professional should have a conversation with the individual adequate to establish any diagnosis rendered. (4) Document evaluation, medical records, and provision of medical information The health care professional should document the evaluation and treatment delivered to the individual, if any, for the purpose of generating a medical record of the encounter. At the option of the individual, the health care professional should— (A) provide the individual with medical information, in standard medical record format, about such evaluation and treatment; and (B) send any documentation concerning such evaluation and treatment to one or more selected health care professionals responsible for the care of the individual. (5) Transparency regarding professional credentials At the option of the individual, the health care professional should provide to the individual, in electronic and paper format, information regarding the health care education, certification, and credentials of the health care professional. (6) No assurance concerning items or services The health care professional should offer no assurance to the individual that any item or service, including a prescription, will be issued or provided— (A) in exchange for the payment of the consultation fee charged by the health care professional; or (B) solely in response to the individual completing a form or questionnaire. (7) Prescription requirements Any prescription issued by the health care professional as part of the health care delivered to the individual should meet the following requirements: (A) The prescription is issued for a legitimate medical purpose in the usual course of professional practice. (B) The prescription is issued by a health care professional who has obtained a medical history and conducted an evaluation of the individual to whom such prescription is issued adequate to establish a diagnosis. (C) The prescription is not for a drug or substance in schedule II, III, or IV of section 202(c) of the Controlled Substances Act ( 21 U.S.C. 812(c) ). (D) The prescription is filled by an appropriately licensed dispensing entity. (c) Construction Nothing in this section shall be construed to— (1) change the application of the HIPAA privacy regulations (as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9(b)(3) )) with respect to a health care professional’s provision of telehealth; or (2) affect the standard of care for medical or clinical appropriateness as established by State law or policy. (d) Definitions For purposes of this section: (1) Telehealth The term telehealth means, with respect to health care that a health care professional is authorized to deliver to an individual in person under State law, such health care delivered by such health care professional to such individual not in person, from any location to any other location, and by means of real-time video, secure chat or secure email, or integrated telephony. (2) Health care professional The term health care professional means, with respect to health care, a physician or practitioner who is authorized under law to deliver such health care in person. | https://www.govinfo.gov/content/pkg/BILLS-113hr3750ih/xml/BILLS-113hr3750ih.xml |
113-hr-3751 | I 113th CONGRESS 1st Session H. R. 3751 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend the rule providing parity for exclusion from income for employer-provided mass transit and parking benefits.
1. Extension of parity for exclusion from income for employer-provided mass transit and parking benefits (a) In general Paragraph (2) of section 132(f) of the Internal Revenue Code of 1986 is amended by striking January 1, 2014 and inserting January 1, 2015 . (b) Effective date The amendment made by this section shall apply to months after December 31, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr3751ih/xml/BILLS-113hr3751ih.xml |
113-hr-3752 | I 113th CONGRESS 1st Session H. R. 3752 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide a payroll tax exemption for hiring long-term unemployed individuals.
1. Short title This Act may be cited as the Reducing Long-Term Unemployment Act . 2. Payroll tax exemption for hiring long-term unemployed individuals (a) Extension Paragraph (1) of section 3111(d) of the Internal Revenue Code of 1986 is amended by inserting or on the day after the date of the enactment of the Reducing Long-Term Unemployment Act and ending on December 31, 2014, after December 31, 2010, . (b) Modification (1) Unemployment requirement Subparagraph (B) of section 3111(d)(3) of such Code is amended to read as follows: (B) certifies by signed affidavit (under penalties of perjury) that such individual, during the entire 27-week period ending on the hiring date— (i) was in receipt of unemployment compensation under State or Federal law, or (ii) was unemployed and would have been so in receipt but for having exhausted the right to such unemployment compensation during such period, . (2) Limitation Subsection (d) of section 3111 of such Code is amended by adding at the end the following new paragraph: (6) Limitation The aggregate reduction in tax imposed under subsection (a) by reason of paragraph (1) with respect to each qualified individual in the employer’s employ shall not exceed $5,000. . (c) Application to railroad retirement taxes (1) Extension Paragraph (1) of section 3221(c) of such Code is amended by inserting or on the day after the date of the enactment of the Reducing Long-Term Unemployment Act and ending on December 31, 2014, after December 31, 2010, . (2) Modification (A) Unemployment requirement Subparagraph (B) of section 3221(c)(3) of such Code is amended to read as follows: (B) certifies by signed affidavit (under penalties of perjury) that such individual, during the entire 27-week period ending on the hiring date— (i) was in receipt of unemployment compensation under State or Federal law, or (ii) was unemployed and would have been so in receipt but for having exhausted the right to such unemployment compensation during such period, . (3) Limitation Subsection (c) of section 3221 of such Code is amended by adding at the end the following new paragraph: (6) Limitation The aggregate reduction in tax imposed under subsection (a) by reason of paragraph (1) with respect to each qualified individual in the employer’s employ shall not exceed $5,000. . (d) Special rule for certain calendar quarters For purposes of section 3111(d) and 3221(c) of such Code, if the day after the date of the enactment of this Act is not the first day of a calendar quarter, then rules similar to the rules of section 3111(d)(5) and 3221(c)(5) of such Code, respectively, shall apply with respect to the last calendar quarter beginning before such day. (e) Effective dates (1) In general Except as provided in paragraph (2), the amendments made by this subsection shall apply to wages paid after the date of the enactment of this Act. (2) Railroad retirement taxes The amendments made by subsection (d) shall apply to compensation paid after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr3752ih/xml/BILLS-113hr3752ih.xml |
113-hr-3753 | I 113th CONGRESS 1st Session H. R. 3753 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. O’Rourke (for himself, Mr. Vela , Mr. Cuellar , Mr. Gallego , Mr. Michaud , and Mr. Barber ) introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on Ways and Means , Appropriations , and Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide emergency funding for port of entry personnel and infrastructure.
1. Short title This Act may be cited as the Emergency Port of Entry Personnel and Infrastructure Funding Act of 2013 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the General Services Administration. (2) Commissioner The term Commissioner means the Commissioner of U.S. Customs and Border Protection. (3) Northern border The term Northern border means the international border between the United States and Canada. (4) Secretary The term Secretary means the Secretary of Homeland Security. (5) Southern border The term Southern border means the international border between the United States and Mexico. 3. U.S. Customs and Border Protection personnel (a) Staff enhancements (1) Authorization In addition to positions authorized before the date of the enactment of this Act and any existing officer vacancies within U.S. Customs and Border Protection on such date, the Secretary, subject to the availability of appropriations for such purpose, shall hire, train, and assign to duty, by not later than September 30, 2019— (A) 5,000 full-time U.S. Customs and Border Protection officers to serve on all inspection lanes (primary, secondary, incoming, and outgoing) and enforcement teams at United States land ports of entry on the Northern border and the Southern border; and (B) 350 full-time support staff for all United States ports of entry. (2) Waiver of fte limitation The Secretary may waive any limitation on the number of full-time equivalent personnel assigned to the Department of Homeland Security in order to carry out paragraph (1). (b) Reports to Congress (1) Outbound inspections Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a report containing the Department of Homeland Security’s plans for ensuring the placement of sufficient U.S. Customs and Border Protection officers on outbound inspections, and adequate outbound infrastructure, at all Southern border land ports of entry to— (A) the Committee on the Judiciary of the Senate ; (B) the Committee on the Judiciary of the House of Representatives ; (C) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (D) the Committee on Homeland Security of the House of Representatives . (2) Sufficient agricultural specialists and personnel Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture and the Secretary of Health and Human Services, shall submit a report to the committees set forth in paragraph (1) that contains each department’s plans for ensuring the placement of sufficient U.S. Customs and Border Protection agriculture specialists, Animal and Plant Health Inspection Service entomologist identifier specialists, Food and Drug Administration consumer safety officers, and other relevant and related personnel at all Southern border land ports of entry. (3) Annual implementation report Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit a report to the committees set forth in paragraph (1) that— (A) details the Department of Homeland Security’s implementation plan for the staff enhancements required under subsection (a)(1)(A); (B) includes the number of additional personnel assigned to duty at land ports of entry, classified by location; (C) describes the methodology used to determine the distribution of additional personnel to address northbound and southbound cross-border inspections; and (D) includes— (i) the strategic plan required under section 5(a)(1); (ii) the model required under section 5(b), including the underlying assumptions, factors, and concerns that guide the decisionmaking and allocation process; and (iii) the new outcome-based performance measures adopted under section 5(c)(1). (c) Secure communication The Secretary shall ensure that each U.S. Customs and Border Protection officer is equipped with a secure 2-way communication and satellite-enabled device, supported by system interoperability, that allows U.S. Customs and Border Protection officers to communicate— (1) between ports of entry and inspection stations; and (2) with other Federal, State, tribal, and local law enforcement entities. (d) Border area security initiative grant program The Secretary shall establish a program for awarding grants for the purchase of— (1) identification and detection equipment; and (2) mobile, hand-held, 2-way communication devices for State and local law enforcement officers serving on the Southern border. (e) Port of entry infrastructure improvements The Commissioner may aid in the enforcement of Federal customs, immigration, and agriculture laws by— (1) designing, constructing, and modifying— (A) United States ports of entry; (B) living quarters for officers, agents, and personnel; (C) technology and equipment, including those deployed in support of standardized and automated collection of vehicular travel time; and (D) other structures and facilities, including those owned by municipalities, local governments, or private entities located at land ports of entry; (2) acquiring, by purchase, donation, exchange, or otherwise, land or any interest in land determined to be necessary to carry out the Commissioner’s duties under this section; and (3) constructing additional ports of entry along the Southern border and the Northern border. (f) Prioritization In selecting improvements under subsection (e), the Commissioner, in coordination with the Administrator shall give priority consideration to projects that will substantially— (1) reduce commercial and passenger vehicle and pedestrian crossing wait times at one or more ports of entry on the same border; (2) increase trade, travel efficiency, and the projected total annual volume at one or more ports of entry on the same border; and (3) enhance safety and security at border facilities at one or more ports of entry on the same border. (g) Consultation (1) Locations for new ports of entry The Secretary is encouraged to consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of State, the International Boundary and Water Commission, the International Joint Commission, and appropriate representatives of States, Indian tribes, local governments, and property owners— (A) to determine locations for new ports of entry; and (B) to minimize adverse impacts from such ports on the environment, historic and cultural resources, commerce, and the quality of life of the communities and residents located near such ports. (2) Savings provision Nothing in this subsection may be construed— (A) to create any right or liability of the parties described in paragraph (1); (B) to affect the legality or validity of any determination by the Secretary under this Act; or (C) to affect any consultation requirement under any other law. (h) Authority To acquire leaseholds Notwithstanding any other provision of law, if the Secretary determines that the acquisition of a leasehold interest in real property and the construction or modification of any facility on the leased property are necessary to facilitate the implementation of this Act, the Secretary may— (1) acquire such leasehold interest; and (2) construct or modify such facility. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section, for each of the fiscal years 2014 through 2019, $1,000,000,000, of which $5,000,000 shall be used for grants authorized under subsection (d). (j) Offset, rescission of unobligated Federal funds (1) In general There is hereby rescinded, from appropriated discretionary funds that remain available for obligation on the date of the enactment of this Act (other than the unobligated funds referred to in paragraph (4)), amounts determined by the Director of the Office of Management and Budget that are equal, in the aggregate, to the amount authorized to be appropriated under subsection (i). (2) Implementation The Director of the Office of Management and Budget shall determine and identify— (A) the appropriation accounts from which the rescission under paragraph (1) shall apply; and (B) the amount of the rescission that shall be applied to each such account. (3) Report Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to Congress and to the Secretary of the Treasury that describes the accounts and amounts determined and identified under paragraph (2) for rescission under paragraph (1). (4) Exceptions This subsection shall not apply to unobligated funds of— (A) the Department of Defense; (B) the Department of Veterans Affairs; or (C) the Department of Homeland Security. 4. Cross-border trade enhancement (a) Agreements authorized For purposes of facilitating the construction, alteration, operation, or maintenance of a new or existing facility or other infrastructure at a port of entry, the Administrator may— (1) enter into cost-sharing or reimbursement agreements; or (2) accept donations of— (A) real or personal property (including monetary donations); or (B) nonpersonal services. (b) Evaluation procedures (1) In general Not later than 180 days after the date of the enactment of this Act, the Administrator, in consultation with the Secretary, shall establish procedures for evaluating a proposal submitted by any person under subsection (a)— (A) to enter into a cost-sharing or reimbursement agreement with the General Services Administration to facilitate the construction, alteration, operation, or maintenance of a new or existing facility or other infrastructure at a land border port of entry; or (B) to provide the Administration with a donation of real or personal property (including monetary donations) or nonpersonal services to be used in the construction, alteration, operation, or maintenance of a facility or other infrastructure at a land border port of entry under the control of the Administration. (2) Specification Donations made under paragraph (1)(B) may specify— (A) the land port of entry facility or facilities in support of which the donation is being made; and (B) the time frame in which the donated property or services shall be used. (3) Return of donation If the Administrator does not use the property or services donated pursuant to paragraph (1)(B) for the specific facility or facilities designated pursuant to paragraph (2)(A) or within the time frame specified pursuant to paragraph (2)(B), such donated property or services shall be returned to the person that made the donation. (4) Determination and notification (A) In general Not later than 90 days after receiving a proposal pursuant to subsection (a) with respect to the construction or maintenance of a facility or other infrastructure at a land border port of entry, the Administrator shall— (i) make a determination with respect to whether or not to approve the proposal; and (ii) notify the person that submitted the proposal of— (I) the determination; and (II) if the Administrator did not approve the proposal, the reasons for such disapproval. (B) Considerations In determining whether or not to approve a proposal under this subsection, the Administrator shall consider— (i) the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border; (ii) the potential of the proposal to increase trade and travel efficiency through added capacity; and (iii) the potential of the proposal to enhance the security of the port of entry. (c) Delegation For facilities at which the Administrator has delegated or transferred to the Secretary, operations, ownership, or other authorities over land border ports of entry, the authorities and requirements of the Administrator under this section shall be deemed to apply to the Secretary. 5. Implementation of Government Accountability Office findings (a) Border wait time data collection (1) Strategic plan The Secretary, in consultation with the Commissioner, the Administrator of the Federal Highway Administration, State Departments of Transportation, and other public and private stakeholders, shall develop a strategic plan for standardized collection of vehicle wait times at land ports of entry. (2) Elements The strategic plan required under paragraph (1) shall include— (A) a description of how U.S. Customs and Border Protection will ensure standardized manual wait time collection practices at ports of entry; (B) a timeline for incorporating standardized data into existing online platforms for public reporting; (C) the identification of a standardized measurement and validation wait time data tool for use at all land ports of entry; and (D) an assessment of the feasibility and cost for supplementing and replacing manual data collection with automation, which should utilize existing automation efforts and resources. (b) Staff allocation The Secretary, in consultation with the Commissioner and State, municipal, and private sector stakeholders at each port of entry, shall develop a standardized model for the allocation of U.S. Customs and Border Protection officers and support staff at land ports of entry, including allocations specific to field offices and the port level that utilizes— (1) current and future operational priorities and threats; (2) historical staffing levels and patterns; and (3) anticipated traffic flows. (c) Outcome-Based performance measures (1) In general The Secretary, in consultation with the Commissioner and relevant public and private sector stakeholders, shall identify and adopt new outcome-based performance measures that support the trade facilitation goals of U.S. Customs and Border Protection. (2) Effect of trusted traveler and shipper programs Outcome-based performance measures identified under this subsection may include— (A) the extent to which trusted traveler and shipper program participants experience decreased annual percentage wait time compared to nonparticipants; and (B) the extent to which trusted traveler and shipper program participants experience an annual reduction in percentage of referrals to secondary inspection facilities compared to nonparticipants. (3) Report Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit a report to the committees set forth in section 3(b)(1) that identifies— (A) the new performance measures developed under this subsection; and (B) the process for the incorporation of such measures into existing performance measures. | https://www.govinfo.gov/content/pkg/BILLS-113hr3753ih/xml/BILLS-113hr3753ih.xml |
113-hr-3754 | I 113th CONGRESS 1st Session H. R. 3754 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Perlmutter (for himself and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the exercise of clean-up call options under securities issued by the Federal Home Loan Mortgage Corporation and to prohibit any new mortgage-backed securities issued by such Corporation or the Federal National Mortgage Association from containing provisions for a clean-up call option, and for other purposes.
1. Short title This Act may be cited as the Freddie Mac REMIC Reform Act of 2013 . 2. Exercise of clean-up call options Subtitle B of title XIII of the Housing and Community Development Act of 1992 ( 12 U.S.C. 4611 et seq. ) is amended by adding at the end the following new section: 1369F. Exercise of clean-up call options (a) Requirement In complying with any restriction under law, regulation, order, or agreement with the Director or the Secretary of the Treasury on the mortgage-backed securities issued by the Federal Home Loan Mortgage Corporation, such Corporation or, during the term of any conservatorship or receivership of such enterprise pursuant to section 1367, the Director, shall in the case of any mortgage-backed security with a clean-up call option (as such term is defined in subsection (d) of this section) that is issued by such Corporation, exercise any option under which the residual holder is willing to share not less than 50 percent of any excess proceeds resulting from exercise of such option or right with the Agency as conservator or receiver of such Corporation, if such proceeds benefit the taxpayers of the United States. (b) Prohibition regarding issuance of new securities The Director shall prohibit the Federal Home Loan Mortgage Corporation and the Federal National Mortgage Association from issuing, after the date of the enactment of this section, any mortgage-backed security with a clean-up call option. (c) Use of proceeds To reduce deficit The Director shall ensure that any excess proceeds received as a result of the exercise of any clean-up call option shall be used only to reduce the budget deficit of the Federal Government. (d) Definitions (1) Mortgage-backed securities The term mortgage-backed securities means debt obligations issued in the form of participation certificates, collateralized mortgage obligations, mortgage-backed commercial paper, and real estate mortgage investment conduits. (2) Mortgage-backed security with a clean-up call option The term mortgage-backed security with a clean-up call option means any mortgage-backed security under which there is an option or right to redeem all remaining classes of such security at such time when the amount of the aggregate remaining principal would be less than the amount of the optional redemption or clean-up call percentage, as defined in the applicable offering circular or offering circular supplement. (3) Excess proceeds The term excess proceeds means, with respect to exercise of any clean-up call option, the excess of the net proceeds from the sale of the collateral underlying the mortgage-backed security with such option, and the redemption price as defined in the applicable offering circular or offering circular supplement. . | https://www.govinfo.gov/content/pkg/BILLS-113hr3754ih/xml/BILLS-113hr3754ih.xml |
113-hr-3755 | I 113th CONGRESS 1st Session H. R. 3755 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Perry (for himself and Mr. Gosar ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide that the reinsurance fee for the transitional reinsurance program under the Patient Protection and Affordable Care Act be applied equally to all health insurance issuers and group health plans.
1. Short title This Act may be cited as the Union Tax Fairness Act of 2013 . 2. Application of reinsurance fee Notwithstanding any other provision of law, the payments required to be made by health insurance issuers and third party administrators (on behalf of group health plans) under section 1341(b)(1)(A) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18061(b)(1)(A) ) shall be applied equally to all such issuers and administrators and may not be waived on behalf of any such issuer, administrator or group health plan. | https://www.govinfo.gov/content/pkg/BILLS-113hr3755ih/xml/BILLS-113hr3755ih.xml |
113-hr-3756 | I 113th CONGRESS 1st Session H. R. 3756 IN THE HOUSE OF REPRESENTATIVES December 12, 2013 Mr. Perry introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Select Committee on Intelligence (Permanent Select) , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the public disclosure of information regarding surveillance activities under the Foreign Intelligence Surveillance Act of 1978.
1. Public disclosure of information regarding surveillance activities under the Foreign Intelligence Surveillance Act of 1978 (a) Definitions In this section: (1) FISA Court The term FISA Court means a court established under section 103 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1803 ). (2) Intelligence community The term intelligence community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (b) Requirement To disclose (1) In general If a FISA Court issues a decision that determines that surveillance activities conducted by the Government of the United States have violated the laws or Constitution of the United States, the Attorney General shall publicly disclose the decision in a manner consistent with the protection of the national security of the United States. (2) Disclosure described For each disclosure required by paragraph (1), the Attorney General shall make available to the public documents sufficient to identify with particularity the statutory or constitutional provision that was determined to have been violated. (3) Documents described The Attorney General shall satisfy the disclosure requirements in paragraph (2) by— (A) releasing a FISA Court decision in its entirety or as redacted; or (B) releasing a summary of a FISA Court decision. (4) Extensive disclosure The Attorney General shall release as much information regarding the facts and analysis contained in a decision described in paragraph (1) or documents described in paragraph (3) as is consistent with legitimate national security concerns. (5) Timing of disclosure A decision that is required to be disclosed under paragraph (1) shall be disclosed not later than 60 days after the decision is issued. (c) Director of National Intelligence disclosures to Congress and the public (1) Requirement for disclosures to Congress Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to Congress, in writing, the following information: (A) Whether the National Security Agency or any other element of the intelligence community has ever collected the cell-site location information of a large number of United States persons with no known connection to suspicious activity, or made plans to collect such information. (B) A description of the type and amount of evidence the Director of National Intelligence believes is required to permit the collection of cell-site location information of United States persons for intelligence purposes. (C) Whether the National Security Agency or any other element of the intelligence community has ever conducted a warrantless search of a collection of communications collected under section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ) in an effort to find the communications of a particular United States person (other than a corporation). (D) If the National Security Agency or any other element of the intelligence community has conducted a search described in subparagraph (C), the number of such searches that have been conducted or an estimate of such number if it is not possible to provide a precise count. (E) A specific description of when the United States Government first began relying on authorities under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq. ) to justify the collection of records pertaining to large numbers of United States persons with no known connection to suspicious activity. (F) Whether representations made to the Supreme Court of the United States by the Department of Justice in the case of Clapper v. Amnesty International USA accurately described the use of authorities under the Foreign Intelligence Surveillance Act of 1978 by the United States Government, and if any representations were inaccurate, which representations were inaccurate and how such representations have been corrected. (G) A listing of FISA Court opinions that identified violations of the law, the Constitution, or FISA Court orders with regard to collection carried out pursuant to section 402, 501, or 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1842 , 1861, and 1881a) and a description of the violations identified by a FISA Court. (2) Form of disclosures (A) Disclosures to the Public The written submission required by paragraph (1) shall be made available to the public not later than 15 days after the date it is submitted to Congress. (B) Redactions If the Director of National Intelligence believes that public disclosure of information in the written submission required by paragraph (1) could cause significant harm to national security, the Director may redact such information from the version made available to the public. (C) Submission to Congress If the Director redacts information under subparagraph (B), not later than 30 days after the date the written submission required by paragraph (1) is made available to the public under subparagraph (A), the Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a statement explaining the specific harm to national security that the disclosure of such information could cause. (d) Assessment of economic impact of surveillance activities (1) Requirement for assessment The Comptroller General of the United States, in consultation with the United States International Trade Commission, shall conduct an assessment of the economic impact of bulk collection programs conducted under title IV and title V of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1841 et seq. ), as modified by the USA PATRIOT Act ( Public Law 107–56 ; 115 Stat. 272), and of surveillance programs conducted under section 702 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1881a ), in light of the fact that such programs are now public. (2) Evaluation The assessment required by paragraph (1) shall include an evaluation of the impact of these disclosures on United States communication service providers’ ability to compete in foreign markets. (3) Submission to Congress Not later than 270 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress the findings of the assessment required by paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-113hr3756ih/xml/BILLS-113hr3756ih.xml |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.