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113-hr-253

I 113th CONGRESS 1st Session H. R. 253 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Chaffetz introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the conveyance of a small parcel of National Forest System land in the Uinta-Wasatch-Cache National Forest in Utah to Brigham Young University, and for other purposes. 1. Short title This Act may be cited as the Y Mountain Access Enhancement Act . 2. Land conveyance, Uinta-Wasatch-Cache National Forest, Utah (a) Conveyance required On the request of Brigham Young University submitted to the Secretary of Agriculture not later than one year after the date of the enactment of this Act, the Secretary shall convey, not later than one year after receiving the request, to Brigham Young University all right, title, and interest of the United States in and to an approximately 80-acre parcel of National Forest System land in the Uinta-Wasatch-Cache National Forest in the State of Utah consisting of the SE¼SE¼ of Section 32, T. 6 S., R. 3 E., and Lot 4 of Section 5, T. 7 S., R. 3 E., Salt Lake Base & Meridian. The conveyance shall be subject to valid existing rights and shall be made by quitclaim deed. (b) Consideration (1) Consideration required As consideration for the land conveyed under subsection (a), Brigham Young University shall pay to the Secretary an amount equal to the fair market value of the land, as determined by an appraisal approved by the Secretary and conducted in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions and section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716). (2) Deposit The consideration received by the Secretary under paragraph (1) shall be deposited in the general fund of the Treasury to reduce the Federal deficit. (c) Guaranteed public access to Y mountain trail After the conveyance under subsection (a), Brigham Young University represents that it will— (1) continue to allow the same reasonable public access to the trailhead and portion of the Y Mountain Trail already owned by Brigham Young University as of the date of the enactment of this Act that Brigham Young University has historically allowed; and (2) allow that same reasonable public access to the portion of the Y Mountain Trail and the Y symbol located on the land described in subsection (a). (d) Survey and Administrative Costs The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. Brigham Young University shall pay the reasonable costs of survey, appraisal, and any administrative analyses required by law.

https://www.govinfo.gov/content/pkg/BILLS-113hr253ih/xml/BILLS-113hr253ih.xml

113-hr-254

I 113th CONGRESS 1st Session H. R. 254 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Chaffetz introduced the following bill; which was referred to the Committee on Natural Resources , 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 authorize the Secretary of the Interior to facilitate the development of hydroelectric power on the Diamond Fork System of the Central Utah Project. 1. Short title This Act may be cited as the Bonneville Unit Clean Hydropower Facilitation Act . 2. Diamond Fork System defined For the purposes of this Act, the term Diamond Fork System means the facilities described in chapter 4 of the October 2004 Supplement to the 1988 Definite Plan Report for the Bonneville Unit. 3. Cost allocations Notwithstanding any other provision of law, in order to facilitate hydropower development on the Diamond Fork System, the amount of reimbursable costs allocated to project power in Chapter 6 of the Power Appendix in the October 2004 Supplement to the 1988 Bonneville Unit Definite Plan Report, with regard to power development upstream of the Diamond Fork System, shall be considered final costs as well as costs in excess of the total maximum repayment obligation as defined in section 211 of the Central Utah Project Completion Act of 1992 ( Public Law 102–575 ), and shall be subject to the same terms and conditions. 4. No purchase or market obligation; no costs assigned to power Nothing in this Act shall obligate the Western Area Power Administration to purchase or market any of the power produced by the Diamond Fork power plant and none of the costs associated with development of transmission facilities to transmit power from the Diamond Fork power plant shall be assigned to power for the purpose of Colorado River Storage Project ratemaking. 5. Prohibition on tax-exempt financing No facility for the generation or transmission of hydroelectric power on the Diamond Fork System may be financed or refinanced, in whole or in part, with proceeds of any obligation— (1) the interest on which is exempt from the tax imposed under chapter 1 of the Internal Revenue Code of 1986, or (2) with respect to which credit is allowable under subpart I or J of part IV of subchapter A of chapter 1 of such Code. 6. Reporting requirement If, 24 months after the date of the enactment of this Act, hydropower production on the Diamond Fork System has not commenced, the Secretary of the Interior shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate stating this fact, the reasons such production has not yet commenced, and a detailed timeline for future hydropower production. 7. PayGo The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. 8. Limitation on the use of funds The authority under the provisions of section 301 of the Hoover Power Plant Act of 1984 ( Public Law 98–381 ; 42 U.S.C. 16421a ) shall not be used to fund any study or construction of transmission facilities developed as a result of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr254ih/xml/BILLS-113hr254ih.xml

113-hr-255

I 113th CONGRESS 1st Session H. R. 255 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Chaffetz introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend certain definitions contained in the Provo River Project Transfer Act for purposes of clarifying certain property descriptions, and for other purposes. 1. Clarifying certain property descriptions in Provo River Project Transfer Act (a) Pleasant Grove Property Section 2(4)(A) of the Provo River Project Transfer Act ( Public Law 108–382 ; 118 Stat. 2212) is amended by striking of enactment of this Act and inserting on which the parcel is conveyed under section 3(a)(2) . (b) Provo Reservoir Canal Section 2(5) of the Provo River Project Transfer Act ( Public Law 108–382 ; 118 Stat. 2212) is amended— (1) by striking canal, and any associated land, rights-of-way, and facilities and inserting water conveyance facility historically known as the Provo Reservoir Canal and all associated bridges, fixtures, structures, facilities, lands, interests in land, and rights-of-way held, ; (2) by inserting and forebay after Diversion Dam ; (3) by inserting near the Jordan Narrows to the point where water is discharged to the Welby-Jacob Canal and the Utah Lake Distributing Canal after Penstock ; and (4) by striking of enactment of this Act and inserting on which the Provo Reservoir Canal is conveyed under section 3(a)(1) .

https://www.govinfo.gov/content/pkg/BILLS-113hr255ih/xml/BILLS-113hr255ih.xml

113-hr-256

I 113th CONGRESS 1st Session H. R. 256 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Chaffetz introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 44, United States Code, to repeal the National Historical Publications and Records Commission, and for other purposes. 1. Short title This Act may be cited as the Stop Wasting Archive Grants Act of 2013 . 2. Repeal of National Historical Publications and Records Commission (a) Repeal Chapter 25 of title 44, United States Code, is repealed. (b) Clerical amendment The table of sections at the beginning of such chapter is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr256ih/xml/BILLS-113hr256ih.xml

113-hr-257

I 113th CONGRESS 1st Session H. R. 257 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Ms. Shea-Porter introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to ensure that veterans in each of the 48 contiguous States are able to receive services in at least one full-service hospital of the Veterans Health Administration in the State or receive comparable services provided by contract in the State. 1. Short title This Act may be cited as the Veterans Health Equity Act of 2013 . 2. Availability of full-service hospital of the Veterans Health Administration in certain States or provision of comparable services through contract with other health care providers in the State (a) In general Chapter 17 of title 38, United States Code, is amended by inserting after section 1716 the following new section: 1716A. Access to full-service hospitals in certain States or comparable services through contract (a) Requirement With respect to each of the 48 contiguous States, the Secretary shall ensure that veterans in the State eligible for hospital care and medical services under section 1710 of this title have access— (1) to at least one full-service hospital of the Veterans Health Administration in the State; or (2) to hospital care and medical services comparable to the services provided in full-service hospitals through contract with other health care providers in the State. (b) Rule of construction Nothing in subsection (a) shall be construed to restrict the ability of the Secretary to provide enhanced care to an eligible veteran who resides in one State in a hospital of the Veterans Health Administration in another State. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1716 the following new item: 1716A. Access to full-service hospitals in certain States or comparable services through contract. . (c) Report on implementation Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report describing the extent to which the Secretary has complied with the requirement imposed by section 1716A of title 38, United States Code, as added by subsection (a), including the effect of such requirement on improving the quality and standards of care provided to veterans.

https://www.govinfo.gov/content/pkg/BILLS-113hr257ih/xml/BILLS-113hr257ih.xml

113-hr-258

I 113th CONGRESS 1st Session H. R. 258 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Heck of Nevada (for himself, Mrs. Hartzler , Mr. Roe of Tennessee , Mr. Westmoreland , Mr. Amodei , Mr. Grimm , Mr. Hanna , Mr. Coffman , Mr. Meeks , Mr. Griffin of Arkansas , Mr. Markey , Mr. Young of Florida , Mr. Harper , Mr. Nugent , Mr. Meehan , Mr. Wilson of South Carolina , Mr. Thompson of Pennsylvania , Ms. Bordallo , Mrs. Black , Mr. Chaffetz , Mr. Culberson , Mr. Brooks of Alabama , Mr. Turner , Mr. Thornberry , Ms. Jenkins , Mr. Cicilline , Mr. Michaud , Mr. Cook , Mr. Graves of Missouri , Mr. Brady of Pennsylvania , Mr. King of Iowa , Mr. Hunter , Mr. Fincher , Mr. Conaway , Mr. Bonner , Mr. Bishop of Georgia , Mr. Barletta , Mr. Courtney , Ms. Pingree of Maine , Mr. Gibbs , Mr. Rogers of Alabama , Mr. Bucshon , Mr. Young of Alaska , Mr. Franks of Arizona , Mr. Duncan of South Carolina , Mr. Fitzpatrick , Mr. Rogers of Kentucky , Mr. Weber of Texas , Mr. Pittenger , Mr. Olson , Mr. Boustany , Mr. Nunnelee , Mr. Huizenga of Michigan , Mr. Bachus , Mr. Yoho , Mr. Cole , Mr. Miller of Florida , Mr. Terry , Mr. Stivers , Mr. Long , Mr. Johnson of Ohio , Mr. Jones , Mr. Wittman , Mrs. Noem , Mr. Loebsack , Mrs. Roby , Mr. Cramer , Mr. Perry , Mr. Gary G. Miller of California , and Mr. Flores ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, with respect to fraudulent representations about having received military declarations or medals. 1. Short title This Act may be cited as the Stolen Valor Act of 2013 . 2. Fraudulent representations about receipt of military decorations or medals (a) In general Section 704 of title 18, United States Code, is amended— (1) in subsection (a), by striking wears, ; and (2) so that subsection (b) reads as follows: (b) Fraudulent representations about receipt of military decorations or medals Whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal described in subsection (c)(2) or (d) shall be fined under this title, imprisoned not more than one year, or both. . (b) Addition of certain other medals Section 704(d) of title 18, United States Code, is amended— (1) by striking If a decoration and inserting the following: (1) In general If a decoration ; (2) by inserting a combat badge, after 1129 of title 10, ; and (3) by adding at the end the following: (2) Combat badge defined In this subsection, the term combat badge means a Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal. . (c) Conforming amendment Section 704 of title 18, United States Code, is amended in each of subsections (c)(1) and (d) by striking or (b) .

https://www.govinfo.gov/content/pkg/BILLS-113hr258ih/xml/BILLS-113hr258ih.xml

113-hr-259

I 113th CONGRESS 1st Session H. R. 259 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Pompeo (for himself, Mr. Whitfield , Mr. Duncan of South Carolina , Mr. Huelskamp , Mr. Westmoreland , Mr. Stockman , Mr. McClintock , Mr. Amash , Mr. Wilson of South Carolina , Mr. Broun of Georgia , Mr. Ribble , and Mr. Mulvaney ) 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 terminate certain energy tax subsidies and lower the corporate income tax rate. 1. Short title; table of contents; etc (a) Short title This Act may be cited as the Energy Freedom and Economic Prosperity Act . (b) Reference to 1986 Code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents; etc. Title I—Repeal of energy tax subsidies Sec. 101. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures. Sec. 102. Early termination of credit for qualified fuel cell motor vehicles. Sec. 103. Early termination of new qualified plug-in electric drive motor vehicles. Sec. 104. Repeal of alternative fuel vehicle refueling property credit. Sec. 105. Repeal of credit for alcohol used as fuel. Sec. 106. Repeal of credit for biodiesel and renewable diesel used as fuel. Sec. 107. Repeal of enhanced oil recovery credit. Sec. 108. Termination of credit for electricity produced from certain renewable resources. Sec. 109. Repeal of credit for producing oil and gas from marginal wells. Sec. 110. Termination of credit for production from advanced nuclear power facilities. Sec. 111. Repeal of credit for carbon dioxide sequestration. Sec. 112. Termination of energy credit. Sec. 113. Repeal of qualifying advanced coal project. Sec. 114. Repeal of qualifying gasification project credit. Title II—Reduction of corporate income tax rate Sec. 201. Corporate income tax rate reduced. I Repeal of energy tax subsidies 101. Repeal of credit for alcohol fuel, biodiesel, and alternative fuel mixtures (a) In general Section 6426 is repealed. (b) Conforming amendments (1) Paragraph (1) of section 4101(a) is amended by striking or alcohol (as defined in section 6426(b)(4)(A) . (2) Paragraph (2) of section 4104(a) is amended by striking 6426, or 6427(e) . (3) Section 6427 is amended by striking subsection (e). (4) Subparagraph (E) of section 7704(d)(1) is amended— (A) by inserting (as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act) after of section 6426 , and (B) by inserting (as so in effect) after section 6426(b)(4)(A) . (5) Paragraph (1) of section 9503(b) is amended by striking the second sentence. (c) Clerical amendment The table of sections for subchapter B of chapter 65 is amended by striking the item relating to section 6426. (d) Effective (1) In general Except as provided in paragraph (2), the amendments made by this section shall apply with respect to fuel sold and used after the date of the enactment of this Act. (2) Liquefied hydrogen In the case of any alternative fuel or alternative fuel mixture (as defined in subsection (d)(2) or (e)(3) of section 6426 of the Internal Revenue Code of 1986 as in effect before its repeal by this Act) involving liquefied hydrogen, the amendments made by this section shall apply with respect to fuel sold and used after September 30, 2014. 102. Early termination of credit for qualified fuel cell motor vehicles (a) In general Section 30B is repealed. (b) Conforming amendments (1) Subparagraph (A) of section 24(b)(3) is amended by striking , 30B . (2) Paragraph (2) of section 25B(g) is amended by striking , 30B, . (3) Subsection (b) of section 38 is amended by striking paragraph (25). (4) Subsection (a) of section 1016 is amended by striking paragraph (35) and by redesignating paragraphs (36) and (37) as paragraphs (35) and (36), respectively. (5) Subsection (m) of section 6501 is amended by striking , 30B(h)(9) . (c) Clerical amendment The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30B. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 103. Early termination of new qualified plug-in electric drive motor vehicles (a) In general Section 30D is repealed. (b) Effective date The amendment made by this section shall apply to vehicles placed in service after the date of the enactment of this Act. 104. Repeal of alternative fuel vehicle refueling property credit (a) In general Section 30C is repealed. (b) Conforming amendments (1) Subsection (b) of section 38 is amended by striking paragraph (26). (2) Paragraph (3) of section 55(c) is amended by striking , 30C(d)(2), . (3) Subsection (a) of section 1016, as amended by section 102 of this Act, is amended by striking paragraph (35) and by redesignating paragraph (36) as paragraph (35). (4) Subsection (m) of section 6501 is amended by striking , 30C(e)(5) . (c) Clerical amendment The table of sections for subpart B of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 30C. (d) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. 105. Repeal of credit for alcohol used as fuel (a) In general Section 40 is repealed. (b) Conforming amendments (1) Subsection (b) of section 38 is amended by striking paragraph (3). (2) Subsection (c) of section 196 is amended by striking paragraph (3) and by redesignating paragraphs (4) through (14) as paragraphs (3) through (13), respectively. (3) Paragraph (1) of section 4101(a) is amended by striking , and every person producing cellulosic biofuel (as defined in section 40(b)(6)(E)) . (4) Paragraph (1) of section 4104(a) is amended by striking , 40 . (c) Effective date The amendments made by this section shall apply to fuel sold or used after the date of the enactment of this Act. 106. Repeal of credit for biodiesel and renewable diesel used as fuel (a) In general Section 40A is repealed. (b) Conforming amendment (1) Subsection (b) of section 38 is amended by striking paragraph (17). (2) Section 87 is repealed. (3) Subsection (c) of section 196, as amended by section 105 of this Act, is amended by striking paragraph (11) and by redesignating paragraphs (11), (12), and (13) as paragraphs (10), (11), and (12), respectively. (4) Paragraph (1) of section 4101(a) is amended by striking , every person producing or importing biodiesel (as defined in section 40A(d)(1) . (5) Paragraph (1) of section 4104(a) is amended by striking , and 40A . (6) Subparagraph (E) of section 7704(d)(1) is amended by inserting (as so in effect) after section 40A(d)(1) . (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 40A. (d) Effective date The amendments made by this section shall apply to fuel produced, and sold or used, after the date of the enactment of this Act. 107. Repeal of enhanced oil recovery credit (a) In general Section 43 is repealed. (b) Conforming amendments (1) Subsection (b) of section 38 is amended by striking paragraph (6). (2) Paragraph (4) of section 45Q(d) is amended by inserting (as in effect on the day before the date of the enactment of the Energy Freedom and Economic Prosperity Act) after section 43(c)(2) . (3) Subsection (c) of section 196, as amended by sections 105 and 106 of this Act, is amended by striking paragraph (5) and by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively. (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 43. (d) Effective date The amendments made by this section shall apply to costs paid or incurred after December 31, 2014. 108. Termination of credit for electricity produced from certain renewable resources (a) Wind Subsection (d) of section 45 is amended by striking January 1, 2014 in paragraph (1) and inserting the date of the enactment of the Energy Freedom and Economic Prosperity Act . (b) Indian coal Subparagraph (A) of section 45(e)(10) is amended by striking 8-year period each place it appears and inserting 7-year period . (c) Effective date (1) Wind The amendment made by subsection (a) shall apply to property placed in service after the date of the enactment of this Act. (2) Indian coal The amendments made by subsection (b) shall apply to coal produced after December 31, 2012. (3) Other qualified energy resources For termination of other qualified energy resources for property placed in service after December 31, 2013, see section 45 of the Internal Revenue Code of 1986. 109. Repeal of credit for producing oil and gas from marginal wells (a) In general Section 45I is repealed. (b) Conforming amendment Subsection (b) of section 38 is amended by striking paragraph (19). (c) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 45I. (d) Effective date The amendments made by this section shall apply to production in taxable years beginning after December 31, 2014. 110. Termination of credit for production from advanced nuclear power facilities (a) In general Subparagraph (B) of section 45J(d)(1) is amended by striking January 1, 2021 and inserting January 1, 2015 . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 111. Repeal of credit for carbon dioxide sequestration (a) In general Section 45Q is repealed. (b) Effective date The amendment made by this section shall apply to carbon dioxide captured after December 31, 2014. 112. Termination of energy credit (a) In general Section 48 is amended— (1) by striking January 1, 2017 each place it appears and inserting January 1, 2015 , and (2) by striking December 31, 2016 each place it appears and inserting December 31, 2014 . (b) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 113. Repeal of qualifying advanced coal project (a) In general Section 48A is repealed. (b) Conforming amendment Section 46 is amended by striking paragraph (3) and by redesignating paragraphs (4), (5), and (6) as paragraphs (3), (4), and (5), respectively. (c) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48A. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. 114. Repeal of qualifying gasification project credit (a) In general Section 48B is repealed. (b) Conforming amendment Section 46, as amended by this Act, is amended by striking paragraph (3) and by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (c) Clerical amendment The table of sections for subpart E of part IV of subchapter A of chapter 1 is amended by striking the item relating to section 48B. (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2014. II Reduction of corporate income tax rate 201. Corporate income tax rate reduced (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury shall prescribe a rate of tax in lieu of the rates under paragraphs (1) and (2) of section 11(b), section 1201(a), and paragraphs (1), (2), and (6) of section 1445(e) to such a flat rate as the Secretary estimates would result in— (1) a decrease in revenue to the Treasury for taxable years beginning during the 10-year period beginning on the date of the enactment of this Act, equal to (2) the increase in revenue for such taxable years by reason of the amendments made by title I of this Act. (b) Effective date The rate prescribed by the Secretary under subsection (a) shall apply to taxable years beginning more than 1 year after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr259ih/xml/BILLS-113hr259ih.xml

113-hr-260

I 113th CONGRESS 1st Session H. R. 260 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Harper (for himself, Mr. Cole , Mrs. Miller of Michigan , and Mr. Rokita ) introduced the following bill; which was referred to the Committee on House Administration , 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 reduce Federal spending and the deficit by terminating taxpayer financing of presidential election campaigns and party conventions and by terminating the Election Assistance Commission. I Termination of taxpayer financing of presidential election campaigns 101. Termination of taxpayer financing of presidential election campaigns (a) Termination of designation of income tax payments Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Termination This section shall not apply to taxable years beginning after December 31, 2012. . (b) Termination of fund and account (1) Termination of presidential election campaign fund (A) In general Chapter 95 of subtitle H of such Code is amended by adding at the end the following new section: 9014. Termination The provisions of this chapter shall not apply with respect to any presidential election (or any presidential nominating convention) after the date of the enactment of this section, or to any candidate in such an election. . (B) Transfer of excess funds to general fund Section 9006 of such Code is amended by adding at the end the following new subsection: (d) Transfer of funds remaining after termination The Secretary shall transfer all amounts in the fund after the date of the enactment of this section to the general fund of the Treasury, to be used only for reducing the deficit. . (2) Termination of account Chapter 96 of subtitle H of such Code is amended by adding at the end the following new section: 9043. Termination The provisions of this chapter shall not apply to any candidate with respect to any presidential election after the date of the enactment of this section. . (c) Clerical amendments (1) The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9014. Termination. . (2) The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9043. Termination. . II Termination of Election Assistance Commission 201. Termination of Election Assistance Commission (a) Termination The Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.) is amended by adding at the end the following new title: X Termination of Commission A Termination 1001. Termination Effective on the Commission termination date, the Commission (including the Election Assistance Commission Standards Board and the Election Assistance Commission Board of Advisors under part 2 of subtitle A of title II) is terminated and may not carry out any programs or activities. 1002. Transfer of operations to office of management and budget during transition (a) In General The Director of the Office of Management and Budget shall, effective upon the Commission termination date— (1) perform the functions of the Commission with respect to contracts and agreements described in section 1003(a) until the expiration of such contracts and agreements, but shall not renew any such contract or agreement; and (2) shall take the necessary steps to wind up the affairs of the Commission. (b) Exception for Functions Transferred to Other Agencies Subsection (a) does not apply with respect to any functions of the Commission that are transferred under subtitle B. 1003. Savings provisions (a) Prior contracts The termination of the Commission under this subtitle shall not affect any contract that has been entered into by the Commission before the Commission termination date. All such contracts shall continue in effect until modified, superseded, terminated, set aside, or revoked in accordance with law by an authorized Federal official, a court of competent jurisdiction, or operation of law. (b) Obligations of recipients of payments (1) In general The termination of the Commission under this subtitle shall not affect the authority of any recipient of a payment made by the Commission under this Act prior to the Commission termination date to use any portion of the payment that remains unobligated as of the Commission termination date, and the terms and conditions that applied to the use of the payment at the time the payment was made shall continue to apply. (2) Special rule for States receiving requirements payments In the case of a requirements payment made to a State under part 1 of subtitle D of title II, the terms and conditions applicable to the use of the payment for purposes of the State’s obligations under this subsection (as well as any obligations in effect prior to the termination of the Commission under this subtitle), and for purposes of any applicable requirements imposed by regulations promulgated by the Director of the Office of Management and Budget, shall be the general terms and conditions applicable under Federal law, rules, and regulations to payments made by the Federal Government to a State, except that to the extent that such general terms and conditions are inconsistent with the terms and conditions that are specified under part 1 of subtitle D of title II or section 902, the terms and conditions specified under such part and such section shall apply. (c) Pending proceedings (1) No effect on pending proceedings The termination of the Commission under this subtitle shall not affect any proceeding to which the Commission is a party that is pending on such date, including any suit to which the Commission is a party that is commenced prior to such date, and the applicable official shall be substituted or added as a party to the proceeding. (2) Treatment of orders In the case of a proceeding described in paragraph (1), an order may be issued, an appeal may be taken, judgments may be rendered, and payments may be made as if the Commission had not been terminated. Any such order shall continue in effect until modified, terminated, superseded, or revoked by an authorized Federal official, a court of competent jurisdiction, or operation of law. (3) Construction relating to discontinuance or modification Nothing in this subsection shall be deemed to prohibit the discontinuance or modification of any proceeding described in paragraph (1) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if the Commission had not been terminated. (4) Regulations for transfer of proceedings The Director of the Office of Management and Budget may issue regulations providing for the orderly transfer of proceedings described in paragraph (1). (d) Judicial review Orders and actions of the applicable official in the exercise of functions of the Commission shall be subject to judicial review to the same extent and in the same manner as if such orders and actions had been issued or taken by the Commission. Any requirements relating to notice, hearings, action upon the record, or administrative review that apply to any function of the Commission shall apply to the exercise of such function by the applicable official. (e) Applicable official defined In this section, the applicable official means, with respect to any proceeding, order, or action— (1) the Director of the Office of Management and Budget, to the extent that the proceeding, order, or action relates to functions performed by the Director of the Office of Management and Budget under section 1002; or (2) the Federal Election Commission, to the extent that the proceeding, order, or action relates to a function transferred under subtitle B. 1004. Commission termination date The Commission termination date is the first date following the expiration of the 60-day period that begins on the date of the enactment of this subtitle. B Transfer of Certain Authorities 1011. Transfer of election administration functions to federal election commission There are transferred to the Federal Election Commission (hereafter in this section referred to as the FEC ) the following functions of the Commission: (1) The adoption of voluntary voting system guidelines, in accordance with part 3 of subtitle A of title II. (2) The testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories, in accordance with subtitle B of title II. (3) The maintenance of a clearinghouse of information on the experiences of State and local governments in implementing voluntary voting system guidelines and in operating voting systems in general. (4) The development of a standardized format for reports submitted by States under section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act, and the making of such format available to States and units of local government submitting such reports, in accordance with section 703(b). (5) Any functions transferred to the Commission under section 801 (relating to functions of the former Office of Election Administration of the FEC). (6) Any functions transferred to the Commission under section 802 (relating to functions described in section 9(a) of the National Voter Registration Act of 1993). (7) Any functions of the Commission under section 1604(a) of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 115 Stat. 1277; 42 U.S.C. 1977ff note) (relating to establishing guidelines and providing technical assistance with respect to electronic voting demonstration projects of the Secretary of Defense). (8) Any functions of the Commission under section 589(e)(1) of the Military and Overseas Voter Empowerment Act ( 42 U.S.C. 1973ff–7(e)(1) ) (relating to providing technical assistance with respect to technology pilot programs for the benefit of absent uniformed services voters and overseas voters). 1012. Effective date The transfers under this subtitle shall take effect on the Commission termination date described in section 1004. . (b) Clerical amendment The table of contents of such Act is amended by adding at the end the following: Title X—Termination of Commission Subtitle A—Termination Sec. 1001. Termination. Sec. 1002. Transfer of operations to Office of Management and Budget during transition. Sec. 1003. Savings provisions. Sec. 1004. Commission termination date. Subtitle B—Transfer of Certain Authorities Sec. 1011. Transfer of election administration functions to Federal Election Commission. Sec. 1012. Effective date. . 202. Replacement of standards board and board of advisors with guidelines review board (a) Replacement Part 2 of subtitle A of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15341 et seq. ) is amended to read as follows: 2 Guidelines Review Board 211. Establishment There is established the Guidelines Review Board (hereafter in this part referred to as the Board ). 212. Duties The Board shall, in accordance with the procedures described in part 3, review the voluntary voting system guidelines under such part. 213. Membership (a) In general The Board shall be composed of 82 members appointed as follows: (1) One State or local election official from each State, to be selected by the chief State election official of the State, who shall take into account the needs of both State and local election officials in making the selection. (2) 2 members appointed by the National Conference of State Legislatures. (3) 2 members appointed by the National Association of Secretaries of State. (4) 2 members appointed by the National Association of State Election Directors. (5) 2 members appointed by the National Association of County Recorders, Election Administrators, and Clerks. (6) 2 members appointed by the Election Center. (7) 2 members appointed by the International Association of County Recorders, Election Officials, and Treasurers. (8) 2 members appointed by the United States Commission on Civil Rights. (9) 2 members appointed by the Architectural and Transportation Barrier Compliance Board under section 502 of the Rehabilitation Act of 1973 ( 29 U.S.C. 792 ). (10) The chief of the Voting Section of the Civil Rights Division of the Department of Justice or the chief's designee. (11) The director of the Federal Voting Assistance Program of the Department of Defense. (12) The Director of the National Institute of Standards and Technology or the Director’s designee. (13) 4 members representing professionals in the field of science and technology, of whom— (A) one each shall be appointed by the Speaker and the Minority Leader of the House of Representatives; and (B) one each shall be appointed by the Majority Leader and the Minority Leader of the Senate. (14) 4 members representing voter interests, of whom— (A) one each shall be appointed by the chair and ranking minority member of the Committee on House Administration of the House of Representatives; and (B) one each shall be appointed by the chair and ranking minority member of the Committee on Rules and Administration of the Senate. (b) Manner of appointments (1) In general Appointments shall be made to the Board under subsection (a) in a manner which ensures that the Board will be bipartisan in nature and will reflect the various geographic regions of the United States. (2) Special rule for certain appointments The 2 individuals who are appointed as members of the Board under each of the paragraphs (2) through (9) of subsection (a) may not be members of the same political party. (c) Term of service; vacancy Members of the Board shall serve for a term of 2 years, and may be reappointed. Any vacancy in the Board shall be filled in the manner in which the original appointment was made. (d) Executive board (1) In general Not later than 60 days after the day on which the appointment of its members is completed, the Board shall select 9 of its members to serve as the Executive Board of the Guidelines Review Board, of whom— (A) not more than 5 may be State election officials; (B) not more than 5 may be local election officials; and (C) not more than 5 may be members of the same political party. (2) Terms Except as provided in paragraph (3), members of the Executive Board of the Board shall serve for a term of 2 years and may not serve for more than 3 consecutive terms. (3) Staggering of initial terms Of the members first selected to serve on the Executive Board of the Board— (A) 3 shall serve for 1 term; (B) 3 shall serve for 2 consecutive terms; and (C) 3 shall serve for 3 consecutive terms, as determined by lot at the time the members are first appointed. (4) Duties The Executive Board of the Board shall carry out such duties of the Board as the Board may delegate. (e) Bylaws; delegation of authority The Board may promulgate such bylaws as it considers appropriate to provide for the operation of the Board, including bylaws that permit the Executive Board to grant to any of its members the authority to act on behalf of the Executive Board. 214. Powers; no compensation for service (a) Hearings and sessions (1) In general To the extent that funds are made available by the Federal Election Commission, the Board may hold such hearings for the purpose of carrying out this Act, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out this title, except that the Board may not issue subpoenas requiring the attendance and testimony of witnesses or the production of any evidence. (2) Meetings The Board shall hold a meeting of its members— (A) not less frequently than once every 2 years for purposes of selecting the Executive Board and voting on the voluntary voting system guidelines referred to it under section 222; and (B) at such other times as it considers appropriate for purposes of conducting such other business as it considers appropriate consistent with this title. (b) Information from Federal agencies The Board may secure directly from any Federal department or agency such information as the Board considers necessary to carry out this Act. Upon request of the Executive Board, the head of such department or agency shall furnish such information to the Board. (c) Postal services The Board may use the United States mails in the same manner and under the same conditions as a department or agency of the Federal Government. (d) Administrative support services Upon the request of the Executive Board, the Administrator of the General Services Administration shall provide to the Board, on a reimbursable basis, the administrative support services that are necessary to enable the Board to carry out its duties under this title. (e) No compensation for service Members of the Board shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. 215. Status of board and members for purposes of claims against board (a) In general The provisions of chapters 161 and 171 of title 28, United States Code, shall apply with respect to the liability of the Board and its members for acts or omissions performed pursuant to and in the course of the duties and responsibilities of the Board. (b) Exception for Criminal Acts and Other Willful Conduct Subsection (a) may not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, acts or omissions for private gain, or any other act or omission outside the scope of the service of a member of the Board. . (b) Conforming amendments (1) Membership on technical guidelines development committee Section 221(c)(1) of such Act (42 U.S.C. 15361(c)(1)) is amended— (A) in subparagraph (A), by striking clauses (i) and (ii) and inserting the following: (i) Members of the Guidelines Review Board. ; (B) by redesignating clause (iii) of subparagraph (A) as clause (ii); and (C) in subparagraph (D), by striking Standards Board or Board of Advisors and inserting Guidelines Review Board . (2) Consideration of proposed guidelines Section 222(b) of such Act (42 U.S.C. 15362(b)) is amended— (A) in the heading, by striking Board of Advisors and Standards Board and inserting Guidelines Review Board ; and (B) by striking paragraphs (2) and (3) and inserting the following: (2) Guidelines review board The Executive Director of the Commission shall submit the guidelines proposed to be adopted under this part (or any modifications to such guidelines) to the Guidelines Review Board. . (3) Review of proposed guidelines Section 222(c) of such Act (42 U.S.C. 15362(c)) is amended by striking the Board of Advisors and the Standards Board shall each review and inserting the Guidelines Review Board shall review . (4) Final adoption of proposed guidelines Section 222(d) of such Act (42 U.S.C. 15362(d)) is amended by striking the Board of Advisors and the Standards Board each place it appears in paragraphs (1) and (2) and inserting the Guidelines Review Board . (5) Assistance with NIST review of testing laboratories Section 231(c)(1) of such Act ( 42 U.S.C. 15371(c)(1) ) is amended by striking the Standards Board and the Board of Advisors and inserting the Guidelines Review Board . (6) Assisting FEC with development of standardized format for reports on absentee ballots of absent uniformed services and overseas voters Section 703(b) of such Act ( 42 U.S.C. 1973ff–1 note) is amended by striking the Election Assistance Commission Board of Advisors and the Election Assistance Commission Standards Board and inserting the Guidelines Review Board . (c) Clerical amendment The table of contents of such Act is amended by amending the item relating to part 2 of subtitle A of title II to read as follows: Part 2—Guidelines Review Board Sec. 211. Establishment. Sec. 212. Duties. Sec. 213. Membership. Sec. 214. Powers; no compensation for service. Sec. 215. Status of Board and members for purposes of claims against Board. . (d) Effective Date The amendments made by this section shall take effect on the Commission termination date described in section 1004 of the Help America Vote Act of 2002 (as added by section 201(a)). 203. Special requirements relating to transfer of certain authorities to federal election commission (a) Development and adoption of voluntary voting system guidelines (1) In general Part 3 of subtitle A of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15361 et seq. ) is amended by adding at the end the following new section: 223. Transfer of authority to federal election commission (a) Transfer Effective on the Commission termination date described in section 1004, the Federal Election Commission (hereafter in this section referred to as the FEC ) shall be responsible for carrying out the duties and functions of the Commission under this part. (b) Role of Staff Director The FEC shall carry out the operation and management of its duties and functions under this part through the Office of the Staff Director of the FEC. . (2) Clerical amendment The table of contents of such Act is amended by adding at the end of the item relating to part 3 of subtitle A of title II the following: Sec. 223. Transfer of authority to Federal Election Commission. . (b) Testing, Certification, Decertification, and Recertification of Voting System Hardware and Software (1) In general Subtitle B of title II of such Act ( 42 U.S.C. 15371 et seq. ) is amended by adding at the end the following new section: 232. Transfer of authority to federal election commission (a) Transfer (1) In general Effective on the Commission termination date described in section 1004, the Federal Election Commission (hereafter in this section referred to as the FEC ) shall be responsible for carrying out the duties and functions of the Commission under this subtitle. (2) Role of Staff Director The FEC shall carry out the operation and management of its duties and functions under this subtitle through the Office of the Staff Director of the FEC. (b) Transfer of Office of Voting System Testing and Certification (1) In general There are transferred to the FEC all functions that the Office of Voting System Testing and Certification of the Commission (hereafter in this section referred to as the Office ) exercised under this subtitle before the Commission termination date. (2) Transfer of Property, Records, and Personnel (A) Property and records The contracts, liabilities, records, property, appropriations, and other assets and interests of the Office, together with the unexpended balances of any appropriations or other funds available to the Office, are transferred and made available to the FEC. (B) Personnel (i) In general The personnel of the Office are transferred to the FEC, except that the number of full-time equivalent personnel so transferred may not exceed the number of full-time equivalent personnel of the Office as of January 1, 2013. (ii) Treatment of employees at time of transfer An individual who is an employee of the Office who is transferred under this section shall not be separated or reduced in grade or compensation because of the transfer during the 1-year period that begins on the date of the transfer. . (2) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to subtitle B of title II the following: Sec. 232. Transfer of authority to Federal Election Commission. . (c) Development of standardized format for reports on absentee balloting by absent uniformed services voters and overseas voters Section 703(b) of such Act ( 42 U.S.C. 1973ff–1 note) is amended by adding at the end the following: Effective on the Commission termination date described in section 1004, the Federal Election Commission shall be responsible for carrying out the duties and functions of the Commission under this subsection. . 204. Conforming Amendments to Other Laws (a) Federal Election Campaign Act of 1971 (1) Duties of FEC Section 311(a) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 438(a) ) is amended— (A) by striking and at the end of paragraph (8); (B) by striking the period at the end of paragraph (9) and inserting a semicolon; and (C) by adding at the end the following new paragraphs: (10) provide for the adoption of voluntary voting system guidelines, in accordance with part 3 of subtitle A of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15361 et seq. ); (11) provide for the testing, certification, decertification, and recertification of voting system hardware and software by accredited laboratories, in accordance with subtitle B of title II of the Help America Vote Act of 2002 (42 U.S.C. 15371 et seq.); (12) maintain a clearinghouse of information on the experiences of State and local governments in implementing voluntary voting system guidelines and in operating voting systems in general; (13) carry out the duties described in section 9(a) of the National Voter Registration Act of 1993; (14) develop a standardized format for reports submitted by States under section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act, make such format available to States and units of local government submitting such reports, and receive such reports in accordance with section 102(c) of such Act, in accordance with section 703(b) of the Help America Vote Act of 2002; (15) carry out the duties described in section 1604(a)(2) of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 115 Stat. 1277; 42 U.S.C. 1977ff note); and (16) carry out the duties described in section 589(e)(1) of the Military and Overseas Voter Empowerment Act (42 U.S.C. 1973ff–7(e)(1)). . (2) Authorization to enter into private contracts to carry out functions Section 311 of such Act ( 2 U.S.C. 438 ) is amended by adding at the end the following new subsection: (g) Subject to applicable laws, the Commission may enter into contracts with private entities to carry out any of the authorities that are the responsibility of the Commission under paragraphs (10) through (16) of subsection (a). . (3) Limitation on authority to impose requirements on States and units of local government Section 311 of such Act ( 2 U.S.C. 438 ), as amended by paragraph (2), is further amended by adding at the end the following new subsection: (h) Nothing in paragraphs (10) through (16) of subsection (a) or any other provision of this Act shall be construed to grant the Commission the authority to issue any rule, promulgate any regulation, or take any other actions that imposes any requirement on any State or unit of local government, except to the extent that the Commission had such authority prior to the enactment of this subsection or to the extent permitted under section 9(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(a)). . (b) National voter registration act of 1993 Section 9(a) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–7(a) ) is amended by striking Election Assistance Commission and inserting Federal Election Commission . (c) Uniformed and Overseas Citizens Absentee Voting Act (1) Development of standards for State reports Section 101(b)(11) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff(b)(11) ) is amended by striking the Election Assistance Commission and inserting the Federal Election Commission . (2) Receipt of reports on number of absentee ballots transmitted and received Section 102(c) of such Act ( 42 U.S.C. 1973ff–1(c) ) is amended by striking the Election Assistance Commission (established under the Help America Vote Act of 2002) and inserting the Federal Election Commission . (d) Electronic Voting Demonstration Projects for Secretary of Defense Section 1604(a)(2) of the National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ; 115 Stat. 1277; 42 U.S.C. 1977ff note) is amended by striking the Election Assistance Commission and inserting the Federal Election Commission . (e) Technology Pilot Program for Absent Military and Overseas Voters Section 589(e)(1) of the Military and Overseas Voter Empowerment Act ( 42 U.S.C. 1973ff–7(e)(1) ) is amended by striking Election Assistance Commission and inserting Federal Election Commission . (f) Effective Date The amendments made by this section shall take effect on the Commission termination date described in section 1004 of the Help America Vote Act of 2002 (as added by section 201(a)). 205. Other conforming amendments relating to termination (a) Hatch Act Section 7323(b)(2)(B)(i)(I) of title 5, United States Code, is amended by striking or the Election Assistance Commission . (b) Senior Executive Service Section 3132(a)(1)(C) of title 5, United States Code, is amended by striking or the Election Assistance Commission . (c) Inspector General Act of 1978 Section 8G(a)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking the Election Assistance Commission, . (d) Effective Date The amendments made by this section shall take effect on the Commission termination date described in section 1004 of the Help America Vote Act of 2002 (as added by section 201(a)). 206. Studies (a) Procedures for adoption and modification of voluntary voting system guidelines (1) Study The Comptroller General shall conduct a study of the procedures used to adopt and modify the voluntary voting system guidelines applicable to the administration of elections for Federal office, and shall develop recommendations on methods to improve such procedures, taking into account the needs of persons affected by such guidelines, including State and local election officials, voters with disabilities, absent military and overseas voters, and the manufacturers of voting systems. (2) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit a report to Congress on the study conducted under paragraph (1), and shall include in the report the recommendations developed under such paragraph. (b) Procedures for voting system testing and certification (1) Study The Federal Election Commission shall conduct a study of the procedures for the testing, certification, decertification, and recertification of voting system hardware and software used in elections for Federal office, and shall develop a recommendation on the entity that is best suited to oversee and carry out such procedures, taking into consideration the needs of persons affected by such procedures, including State and local election officials, voters with disabilities, absent military and overseas voters, and the manufacturers of voting systems. (2) Report Not later than 2 years after the date of the enactment of this Act, the Federal Election Commission shall submit a report to Congress on the study conducted under paragraph (1), and shall include in the report the recommendation developed under such paragraph.

https://www.govinfo.gov/content/pkg/BILLS-113hr260ih/xml/BILLS-113hr260ih.xml

113-hr-261

I 113th CONGRESS 1st Session H. R. 261 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Ms. Schakowsky (for herself, Mr. Waxman , Mr. Pallone , Ms. DeGette , Mr. Engel , Mr. Sarbanes , Ms. Chu , Mr. Clay , Mr. Cohen , Mr. Conyers , Mr. Cummings , Ms. DeLauro , Mr. Deutch , Ms. Edwards , Mr. Ellison , Mr. Farr , Mr. Fattah , Mr. Grijalva , Ms. Hahn , Mr. Higgins , Mr. Holt , Mr. Honda , Mr. Johnson of Georgia , Ms. Kaptur , Ms. Lee of California , Ms. Lofgren , Mr. Ben Ray Luján of New Mexico , Ms. McCollum , Mr. McDermott , Mr. McGovern , Mr. George Miller of California , Ms. Moore , Mr. Nadler , Ms. Norton , Ms. Pingree of Maine , Mr. Polis , Mr. Rangel , Ms. Roybal-Allard , Mr. Serrano , Ms. Shea-Porter , Ms. Slaughter , Mr. Tonko , Ms. Waters , Mr. Welch , and Mr. Yarmuth ) 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 establish a public health insurance option. 1. Short title This Act may be cited as the Public Option Deficit Reduction Act . 2. Public health insurance option (a) In general Part 3 of subtitle D of title I of the Patient Protection and Affordable Care Act (Public Law 111–148) is amended by adding at the end the following new section: 1325. Public health insurance option (a) Establishment and administration of a public health insurance option (1) Establishment For years beginning with 2014, the Secretary of Health and Human Services (in this subtitle referred to as the Secretary ) shall provide for the offering through Exchanges established under this title of a health benefits plan (in this Act referred to as the public health insurance option ) that ensures choice, competition, and stability of affordable, high-quality coverage throughout the United States in accordance with this section. In designing the option, the Secretary’s primary responsibility is to create a low-cost plan without compromising quality or access to care. (2) Offering through Exchanges (A) Exclusive to Exchanges The public health insurance option shall only be made available through Exchanges established under this title. (B) Ensuring a level playing field Consistent with this section, the public health insurance option shall comply with requirements that are applicable under this title to health benefits plans offered through such Exchanges, including requirements related to benefits, benefit levels, provider networks, notices, consumer protections, and cost sharing. (C) Provision of benefit levels The public health insurance option— (i) shall offer bronze, silver, and gold plans; and (ii) may offer platinum plans. (3) Administrative contracting The Secretary may enter into contracts for the purpose of performing administrative functions (including functions described in subsection (a)(4) of section 1874A of the Social Security Act) with respect to the public health insurance option in the same manner as the Secretary may enter into contracts under subsection (a)(1) of such section. The Secretary has the same authority with respect to the public health insurance option as the Secretary has under subsections (a)(1) and (b) of section 1874A of the Social Security Act with respect to title XVIII of such Act. Contracts under this subsection shall not involve the transfer of insurance risk to such entity. (4) Ombudsman The Secretary shall establish an office of the ombudsman for the public health insurance option which shall have duties with respect to the public health insurance option similar to the duties of the Medicare Beneficiary Ombudsman under section 1808(c)(2) of the Social Security Act. In addition, such office shall work with States to ensure that information and notice is provided that the public health insurance option is one of the health plans available through an Exchange. (5) Data collection The Secretary shall collect such data as may be required to establish premiums and payment rates for the public health insurance option and for other purposes under this section, including to improve quality and to reduce racial, ethnic, and other disparities in health and health care. (6) Access to Federal courts The provisions of Medicare (and related provisions of title II of the Social Security Act) relating to access of Medicare beneficiaries to Federal courts for the enforcement of rights under Medicare, including with respect to amounts in controversy, shall apply to the public health insurance option and individuals enrolled under such option under this title in the same manner as such provisions apply to Medicare and Medicare beneficiaries. (b) Premiums and financing (1) Establishment of premiums (A) In general The Secretary shall establish geographically adjusted premium rates for the public health insurance option— (i) in a manner that complies with the premium rules under paragraph (3); and (ii) at a level sufficient to fully finance the costs of— (I) health benefits provided by the public health insurance option; and (II) administrative costs related to operating the public health insurance option. (B) Contingency margin In establishing premium rates under subparagraph (A), the Secretary shall include an appropriate amount for a contingency margin. (2) Account (A) Establishment There is established in the Treasury of the United States an account for the receipts and disbursements attributable to the operation of the public health insurance option, including the start-up funding under subparagraph (B). Section 1854(g) of the Social Security Act shall apply to receipts described in the previous sentence in the same manner as such section applies to payments or premiums described in such section. (B) Start-up funding (i) In general In order to provide for the establishment of the public health insurance option there is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, $2,000,000,000. In order to provide for initial claims reserves before the collection of premiums, there is hereby appropriated to the Secretary, out of any funds in the Treasury not otherwise appropriated, such sums as necessary to cover 90 days worth of claims reserves based on projected enrollment. (ii) Amortization of start-up funding The Secretary shall provide for the repayment of the startup funding provided under clause (i) to the Treasury in an amortized manner over the 10-year period beginning with 2014. (iii) Limitation on funding Nothing in this subsection shall be construed as authorizing any additional appropriations to the account, other than such amounts as are otherwise provided with respect to other health benefits plans participating under the Exchange involved. (3) Insurance rating rules The premium rate charged for the public health insurance option may not vary except as provided under section 2701 of the Public Health Service Act. (c) Payment rates for items and services (1) Rates established by Secretary (A) In general The Secretary shall establish payment rates for the public health insurance option for services and health care providers consistent with this subsection and may change such payment rates in accordance with subsection (d). (B) Initial payment rules (i) In general During 2014, 2015, and 2016, the Secretary shall set the payment rates under this subsection for services and providers described in subparagraph (A) equal to the payment rates for equivalent services and providers under parts A and B of Medicare, subject to clause (ii), paragraphs (2)(A) and (4), and subsection (d). (ii) Exceptions (I) Practitioners’ services Payment rates for practitioners’ services otherwise established under the fee schedule under section 1848 of the Social Security Act shall be applied without regard to the provisions under subsection (f) of such section and the update under subsection (d)(4) under such section for a year as applied under this paragraph shall be not less than 1 percent. (II) Adjustments The Secretary may determine the extent to which Medicare adjustments applicable to base payment rates under parts A and B of Medicare for graduate medical education and disproportionate share hospitals shall apply under this section. (C) For new services The Secretary shall modify payment rates described in subparagraph (B) in order to accommodate payments for services, such as well-child visits, that are not otherwise covered under Medicare. (D) Prescription drugs Payment rates under this subsection for prescription drugs that are not paid for under part A or part B of Medicare shall be at rates negotiated by the Secretary. (2) Incentives for participating providers (A) Initial incentive period (i) In general The Secretary shall provide, in the case of services described in clause (ii) furnished during 2014, 2015, and 2016, for payment rates that are 5 percent greater than the rates established under paragraph (1). (ii) Services described The services described in this clause are items and professional services, under the public health insurance option by a physician or other health care practitioner who participates in both Medicare and the public health insurance option. (iii) Special rules A pediatrician and any other health care practitioner who is a type of practitioner that does not typically participate in Medicare (as determined by the Secretary) shall also be eligible for the increased payment rates under clause (i). (B) Subsequent periods Beginning with 2017 and for subsequent years, the Secretary shall continue to use an administrative process to set such rates in order to promote payment accuracy, to ensure adequate beneficiary access to providers, and to promote affordability and the efficient delivery of medical care consistent with subsection (a)(1). Such rates shall not be set at levels expected to increase average medical costs per enrollee covered under the public health insurance option beyond what would be expected if the process under paragraph (1)(B) and subparagraph (A) were continued, as certified by the Office of the Actuary of the Centers for Medicare & Medicaid Services. (C) Establishment of a provider network Health care providers participating under Medicare are participating providers in the public health insurance option unless they opt out in a process established by the Secretary. (3) Administrative process for setting rates Chapter 5 of title 5, United States Code shall apply to the process for the initial establishment of payment rates under this subsection but not to the specific methodology for establishing such rates or the calculation of such rates. (4) Construction Nothing in this section shall be construed as limiting the Secretary’s authority to correct for payments that are excessive or deficient, taking into account the provisions of subsection (a)(1) and any appropriate adjustments based on the demographic characteristics of enrollees covered under the public health insurance option, but in no case shall the correction of payments under this paragraph result in a level of expenditures per enrollee that exceeds the level of expenditures that would have occurred under paragraphs (1)(B) and (2)(A), as certified by the Office of the Actuary of the Centers for Medicare & Medicaid Services. (5) Construction Nothing in this section shall be construed as affecting the authority of the Secretary to establish payment rates, including payments to provide for the more efficient delivery of services, such as the initiatives provided for under subsection (d). (6) Limitations on review There shall be no administrative or judicial review of a payment rate or methodology established under this subsection or under subsection (d). (d) Modernized payment initiatives and delivery system reform (1) In general For plan years beginning with 2014, the Secretary may utilize innovative payment mechanisms and policies to determine payments for items and services under the public health insurance option. The payment mechanisms and policies under this subsection may include patient-centered medical home and other care management payments, accountable care organizations, value-based purchasing, bundling of services, differential payment rates, performance or utilization based payments, partial capitation, and direct contracting with providers. Payment rates under such payment mechanisms and policies shall not be set at levels expected to increase average medical costs per enrollee covered under the public health insurance option beyond what would be expected if the process under paragraphs (1)(B) and (2)(A) of subsection (c) were continued, as certified by the Office of the Actuary of the Centers for Medicare & Medicaid Services. (2) Requirements for innovative payments The Secretary shall design and implement the payment mechanisms and policies under this subsection in a manner that— (A) seeks to— (i) improve health outcomes; (ii) reduce health disparities (including racial, ethnic, and other disparities); (iii) provide efficient and affordable care; (iv) address geographic variation in the provision of health services; or (v) prevent or manage chronic illness; and (B) promotes care that is integrated, patient-centered, high-quality, and efficient. (3) Encouraging the use of high value services To the extent allowed by the benefit standards applied to all health benefits plans participating under the Exchange involved, the public health insurance option may modify cost sharing and payment rates to encourage the use of services that promote health and value. (4) Non-uniformity permitted Nothing in this subtitle shall prevent the Secretary from varying payments based on different payment structure models (such as accountable care organizations and medical homes) under the public health insurance option for different geographic areas. (e) Provider participation (1) In general The Secretary shall establish conditions of participation for health care providers under the public health insurance option. (2) Licensure or certification The Secretary shall not allow a health care provider to participate in the public health insurance option unless such provider is appropriately licensed or certified under State law. (3) Payment terms for providers (A) Physicians The Secretary shall provide for the annual participation of physicians under the public health insurance option, for which payment may be made for services furnished during the year, in one of 2 classes: (i) Preferred physicians Those physicians who agree to accept the payment rate established under this section (without regard to cost-sharing) as the payment in full. (ii) Participating, non-preferred physicians Those physicians who agree not to impose charges (in relation to the payment rate described in subsection (c) for such physicians) that exceed the ratio permitted under section 1848(g)(2)(C) of the Social Security Act. (B) Other providers The Secretary shall provide for the participation (on an annual or other basis specified by the Secretary) of health care providers (other than physicians) under the public health insurance option under which payment shall only be available if the provider agrees to accept the payment rate established under subsection (c) (without regard to cost-sharing) as the payment in full. (4) Exclusion of certain providers The Secretary shall exclude from participation under the public health insurance option a health care provider that is excluded from participation in a Federal health care program (as defined in section 1128B(f) of the Social Security Act). (f) Application of fraud and abuse provisions Provisions of law (other than criminal law provisions) identified by the Secretary by regulation, in consultation with the Inspector General of the Department of Health and Human Services, that impose sanctions with respect to waste, fraud, and abuse under Medicare, such as the False Claims Act ( 31 U.S.C. 3729 et seq. ), shall also apply to the public health insurance option. (g) Medicare defined For purposes of this section, the term Medicare means the health insurance programs under title XVIII of the Social Security Act. . (b) Conforming amendments (1) Treatment as qualified health plan Section 1301(a)(2) of the Patient Protection and Affordable Care Act, as amended by section 10104(a) of such Act, is amended— (A) in the heading, by inserting , the public health insurance option, before and ; and (B) by inserting the public health insurance option under section 1325, before and a multi-State plan . (2) Level playing field Section 1324(a) of such Act, as amended by section 10104(n) of such Act, is amended by inserting the public health insurance option under section 1325, before or a multi-State qualified health plan .

https://www.govinfo.gov/content/pkg/BILLS-113hr261ih/xml/BILLS-113hr261ih.xml

113-hr-262

I 113th CONGRESS 1st Session H. R. 262 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Grimm (for himself, Mr. Pierluisi , Mr. Young of Alaska , Mr. Connolly , Mr. Meehan , Mr. George Miller of California , Mr. Cohen , Ms. Bordallo , Mr. Lance , Mr. Thompson of Pennsylvania , Ms. Slaughter , Mr. Moran , Mr. Van Hollen , Mr. Conyers , Mr. Loebsack , Mr. Hanna , Mr. Cooper , Mr. Meeks , Mr. Fitzpatrick , Mr. Brady of Pennsylvania , Mr. King of New York , Mr. Farr , Ms. Tsongas , Ms. Loretta Sanchez of California , Mr. Grijalva , Mr. Quigley , Mr. Buchanan , Mr. Cicilline , Mr. Miller of Florida , Mrs. Capps , Mr. Stivers , and Mr. Wittman ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 reauthorize the Multinational Species Conservation Funds Semipostal Stamp, and for other purposes. 1. Short Title This Act may be cited as the Multinational Species Conservation Funds Semipostal Stamp Reauthorization Act . 2. Reauthorization Section 2(c) of the Multinational Species Conservation Funds Semipostal Stamp Act of 2010 ( Public Law 111–241 ; 39 U.S.C. 416 note) is amended— (1) in paragraph (2), by striking 2 years and inserting 6 years ; and (2) by adding at the end the following: (5) Stamp depictions Members of the public shall be offered a choice of 5 stamps under this Act, depicting an African elephant or an Asian elephant, a rhinoceros, a tiger, a marine turtle, and a great ape, respectively. .

https://www.govinfo.gov/content/pkg/BILLS-113hr262ih/xml/BILLS-113hr262ih.xml

113-hr-263

I 113th CONGRESS 1st Session H. R. 263 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Grimm (for himself and Mr. Dingell ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To reauthorize and amend the National Fish and Wildlife Foundation Establishment Act. 1. Short title This Act may be cited as the National Fish and Wildlife Foundation Reauthorization Act of 2013 . 2. Board of directors of the Foundation (a) In general Section 3 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3702 ) is amended— (1) in subsection (b)— (A) by striking paragraph (2) and inserting the following: (2) In general After consulting with the Secretary of Commerce and considering the recommendations submitted by the Board, the Secretary of the Interior shall appoint 28 Directors who, to the maximum extent practicable, shall— (A) be knowledgeable and experienced in matters relating to conservation of fish, wildlife, or other natural resources; and (B) represent a balance of expertise in ocean, coastal, freshwater, and terrestrial resource conservation. ; and (B) by striking paragraph (3) and inserting the following: (3) Terms Each Director (other than a Director described in paragraph (1)) shall be appointed for a term of 6 years. ; and (2) in subsection (g)(2)— (A) in subparagraph (A), by striking (A) Officers and employees may not be appointed until the Foundation has sufficient funds to pay them for their service. Officers and inserting the following: (A) In general Officers ; and (B) by striking subparagraph (B) and inserting the following: (B) Executive Director The Foundation shall have an Executive Director who shall be— (i) appointed by, and serve at the direction of, the Board as the chief executive officer of the Foundation; and (ii) knowledgeable and experienced in matters relating to fish and wildlife conservation. . (b) Conforming amendment Section 4(a)(1)(B) of the North American Wetlands Conservation Act ( 16 U.S.C. 4403(a)(1)(B) ) is amended by striking Secretary of the Board and inserting Executive Director of the Board . 3. Rights and obligations of the Foundation Section 4 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3703 ) is amended— (1) in subsection (c)— (A) by striking (c) Powers .—To carry out its purposes under and inserting the following: (c) Powers (1) In general To carry out the purposes described in ; (B) by redesignating paragraphs (1) through (11) as subparagraphs (A) through (K), respectively, and indenting appropriately; (C) in subparagraph (D) (as redesignated by subparagraph (B)), by striking that are insured by an agency or instrumentality of the United States and inserting at 1 or more financial institutions that are members of the Federal Deposit Insurance Corporation or the Securities Investment Protection Corporation ; (D) in subparagraph (E) (as redesignated by subparagraph (B)), by striking paragraph (3) or (4) and inserting subparagraph (C) or (D) ; (E) in subparagraph (J) (as redesignated by subparagraph (B)), by striking ; and and inserting a semicolon; (F) by striking subparagraph (K) (as redesignated by subparagraph (B)) and inserting the following: (K) to receive and administer restitution and community service payments, amounts for mitigation of impacts to natural resources, and other amounts arising from legal, regulatory, or administrative proceedings, subject to the condition that the amounts are received or administered for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources; and (L) to do any and all acts necessary and proper to carry out the purposes of the Foundation. ; and (G) by striking the undesignated matter at the end and inserting the following: (2) Treatment of real property (A) In general For purposes of this Act, an interest in real property shall be treated as including easements or other rights for preservation, conservation, protection, or enhancement by and for the public of natural, scenic, historic, scientific, educational, inspirational, or recreational resources. (B) Encumbered real property A gift, devise, or bequest may be accepted by the Foundation even though the gift, devise, or bequest is encumbered, restricted, or subject to beneficial interests of private persons if any current or future interest in the gift, devise, or bequest is for the benefit of the Foundation. (3) Savings clause The acceptance and administration of amounts by the Foundation under paragraph (1)(K) does not alter, supersede, or limit any regulatory or statutory requirement associated with those amounts. ; (2) by striking subsections (f) and (g); and (3) by redesignating subsections (h) and (i) as subsections (f) and (g), respectively. 4. Authorization of appropriations Section 10 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3709 ) is amended— (1) in subsection (a), by striking paragraph (1) and inserting the following: (1) In general There are authorized to be appropriated to carry out this Act for each of fiscal years 2014 through 2019— (A) $15,000,000 to the Secretary of the Interior; (B) $5,000,000 to the Secretary of Agriculture; and (C) $5,000,000 to the Secretary of Commerce. ; (2) in subsection (b)— (A) by striking paragraph (1) and inserting the following: (1) Amounts from Federal agencies (A) In general In addition to the amounts authorized to be appropriated under subsection (a), Federal departments, agencies, or instrumentalities may provide Federal funds to the Foundation, subject to the condition that the amounts are used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources in accordance with this Act. (B) Advances Federal departments, agencies, or instrumentalities may advance amounts described in subparagraph (A) to the Foundation in a lump sum without regard to when the expenses for which the amounts are used are incurred. (C) Management fees The Foundation may assess and collect fees for the management of amounts received under this paragraph. ; (B) in paragraph (2)— (i) in the paragraph heading, by striking funds and inserting amounts ; (ii) by striking shall be used and inserting may be used ; and (iii) by striking and State and local government agencies and inserting , State and local government agencies, and other entities ; and (C) by adding at the end the following: (3) Administration of amounts (A) In general In entering into contracts, agreements, or other partnerships pursuant to this Act, a Federal department, agency, or instrumentality shall have discretion to waive any competitive process of that department, agency, or instrumentality for entering into contracts, agreements, or partnerships with the Foundation if the purpose of the waiver is— (i) to address an environmental emergency resulting from a natural or other disaster; or (ii) as determined by the head of the applicable Federal department, agency, or instrumentality, to reduce administrative expenses and expedite the conservation and management of fish, wildlife, plants, and other natural resources. (B) Reports The Foundation shall include in the annual report submitted under section 7(b) a description of any use of the authority under subparagraph (A) by a Federal department, agency, or instrumentality in that fiscal year. ; and (3) by adding at the end the following: (d) Use of gifts, devises, or bequests of money or other property Any gifts, devises, or bequests of amounts or other property, or any other amounts or other property, transferred to, deposited with, or otherwise in the possession of the Foundation pursuant to this Act, may be made available by the Foundation to Federal departments, agencies, or instrumentalities and may be accepted and expended (or the disposition of the amounts or property directed), without further appropriation, by those Federal departments, agencies, or instrumentalities, subject to the condition that the amounts or property be used for purposes that further the conservation and management of fish, wildlife, plants, and other natural resources. . 5. Limitation on authority Section 11 of the National Fish and Wildlife Foundation Establishment Act ( 16 U.S.C. 3710 ) is amended by inserting exclusive before authority .

https://www.govinfo.gov/content/pkg/BILLS-113hr263ih/xml/BILLS-113hr263ih.xml

113-hr-264

I 113th CONGRESS 1st Session H. R. 264 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Lynch introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide for semiannual actuarial studies of the FHA mortgage insurance program of the Secretary of Housing and Urban Development during periods that the Mutual Mortgage Insurance Fund does not meet minimum capital ratio requirements. 1. Short title This Act may be cited as the FHA Enhanced Oversight Act of 2013 . 2. Semiannual actuarial studies of MMIF during periods of capital depletion Paragraph (4) of section 202(a) of the National Housing Act ( 12 U.S.C. 1708(a)(4) ) is amended— (1) in the first sentence, by inserting except as provided in subparagraph (B), after to be conducted annually, ; (2) in the second sentence, by inserting , except as provided in subparagraph (B), after annually ; (3) by striking the paragraph designation and heading and all that follows through The Secretary shall provide and inserting the following: (4) Independent actuarial study (A) Annual study The Secretary shall provide ; and (4) by adding at the end the following new subparagraph: (B) Semiannual studies during periods of capital depletion During any period that the Fund fails to maintain sufficient capital to comply with the capital ratio requirement under section 205(f)(2)— (i) the independent study required by subparagraph (A) shall be conducted semiannually and shall analyze the financial position of the Fund as of September 30 and March 31 of each fiscal year during such period; and (ii) the Secretary shall submit a report meeting the requirements of subparagraph (A) for each such semiannual study. .

https://www.govinfo.gov/content/pkg/BILLS-113hr264ih/xml/BILLS-113hr264ih.xml

113-hr-265

I 113th CONGRESS 1st Session H. R. 265 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Lynch introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require Federal law enforcement agencies to report to Congress serious crimes, authorized as well as unauthorized, committed by their confidential informants. 1. Short title This Act may be cited as the Confidential Informant Accountability Act of 2013 . 2. Report (a) In general Not later than March 1 and September 1 of each year, the head of each department that contains a law enforcement agency shall, with respect to each law enforcement agency within that Department, fully report to the House Committee on Oversight and Government Reform, the House Committee on the Judiciary, the Senate Committee on Homeland Security and Governmental Affairs, and the Senate Committee on the Judiciary all serious crimes, authorized and unauthorized, committed by informants maintained by the law enforcement agency. (b) Period covered Each report due on March 1 of a year shall cover serious crimes that took place during the 6 month period beginning July 1 and ending December 31 of the preceding year. Each report due on September 1 of a year shall cover serious crimes that took place beginning January 1 and ending June 30 of that year. (c) Contents (1) Required Each report under subsection (a) shall include a description of the total number of each type and category of crime; the amount of drugs involved if the crime is a drug crime; the amount of money involved if the crime is a theft or bribery crime; whether the crime was authorized or unauthorized; and the State in which each crime took place. (2) Prohibited The report shall not contain individual informant names, informant control numbers, or other personal identification information that could reveal the identity of an individual informant. (d) Arrest or charge of informant not To affect duty To report The duty to report crimes under this section exists regardless of whether the informant has or has not been arrested or charged with the reportable crime in any jurisdiction. (e) Disclaimer Nothing in this section limits the authority and responsibility of the appropriate committees of each House of Congress to obtain such information as they may need to carry out their respective functions and duties. (f) Definitions In this section— (1) the term department that contains a law enforcement agency means the Department of Justice, the Department of Homeland Security, and the Department of the Treasury; (2) the term law enforcement agency means Federal Bureau of Investigation, the Drug Enforcement Administration, the United States Secret Service, United States Immigration and Customs Enforcement, and the Bureau of Alcohol, Tobacco, Firearms and Explosives; (3) the term informant means any individual who is believed to be providing useful and credible information to the law enforcement agency for any authorized information collection activity, and from whom the law enforcement agency expects or intends to obtain additional useful and credible information in the future, and whose identity, information, or relationship with the law enforcement agency warrants confidential handling; and (4) the term serious crime means— (A) any serious violent felony as that term is defined in section 3559(c)(2)(F) of title 18, United States Code; (B) any serious drug offense as that term is defined in section 3559(c)(2)(H) of title 18, United States Code; or (C) an offense consisting of racketeering, bribery, child pornography, obstruction of justice, or perjury; that an agent or employee of the relevant law enforcement agency has reasonable grounds to believe that an informant has committed.

https://www.govinfo.gov/content/pkg/BILLS-113hr265ih/xml/BILLS-113hr265ih.xml

113-hr-266

I 113th CONGRESS 1st Session H. R. 266 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Lynch introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, with respect to certain tort claims arising out of the criminal misconduct of confidential informants, and for other purposes. 1. Short title This Act may be cited as the Justice for Victims of Confidential Informant Crime Act of 2013 . 2. Tort claims arising out of the criminal misconduct of a confidential informant (a) In general Section 2401(b) of title 28, United States Code, is amended— (1) by striking A tort claim and inserting (1) Except as provided in paragraph (2) ; and (2) by adding at the end the following: (2) In the case of a claim arising out of the conduct of an employee of the Government with respect to the criminal misconduct of a Government informant, paragraph (1) shall be applied by substituting three years and six months for two years . . (b) Retroactive effect The amendments made by this section shall apply with respect to any claim that— (1) accrued on or after May 1, 1981; and (2) in the case of a claim that accrued before the date of enactment of this Act, is presented not later than one year after that date. (c) Preclusion of certain defenses or bars The Government may not assert a defense or a bar, based on the doctrine of res judicata or collateral estoppel, to a claim that— (1) accrued before the date of enactment of this Act; and (2) to which the amendments made by this section apply.

https://www.govinfo.gov/content/pkg/BILLS-113hr266ih/xml/BILLS-113hr266ih.xml

113-hr-267

I 113th CONGRESS 1st Session H. R. 267 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mrs. McMorris Rodgers (for herself, Ms. DeGette , Mr. Walden , Mr. Terry , Mr. Markey , Mr. Latta , Mr. Matheson , Mr. Ben Ray Luján of New Mexico , and Mr. Dingell ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To improve hydropower, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Hydropower Regulatory Efficiency Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Promoting small hydroelectric power projects. Sec. 4. Promoting conduit hydropower projects. Sec. 5. FERC authority to extend preliminary permit periods. Sec. 6. Promoting hydropower development at nonpowered dams and closed loop pumped storage projects. Sec. 7. DOE study of pumped storage and potential hydropower from conduits. 2. Findings Congress finds that— (1) the hydropower industry currently employs approximately 300,000 workers across the United States; (2) hydropower is the largest source of clean, renewable electricity in the United States; (3) as of the date of enactment of this Act, hydropower resources, including pumped storage facilities, provide— (A) nearly 7 percent of the electricity generated in the United States; and (B) approximately 100,000 megawatts of electric capacity in the United States; (4) only 3 percent of the 80,000 dams in the United States generate electricity, so there is substantial potential for adding hydropower generation to nonpowered dams; and (5) according to one study, by utilizing currently untapped resources, the United States could add approximately 60,000 megawatts of new hydropower capacity by 2025, which could create 700,000 new jobs over the next 13 years. 3. Promoting small hydroelectric power projects Subsection (d) of section 405 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2705 ) is amended by striking 5,000 and inserting 10,000 . 4. Promoting conduit hydropower projects (a) Applicability of, and exemption from, licensing requirements Section 30 of the Federal Power Act (16 U.S.C. 823a) is amended— (1) by striking subsections (a) and (b) and inserting the following: (a) (1) A qualifying conduit hydropower facility shall not be required to be licensed under this part. (2) (A) Any person, State, or municipality proposing to construct a qualifying conduit hydropower facility shall file with the Commission a notice of intent to construct such facility. The notice shall include sufficient information to demonstrate that the facility meets the qualifying criteria. (B) Not later than 15 days after receipt of a notice of intent filed under subparagraph (A), the Commission shall— (i) make an initial determination as to whether the facility meets the qualifying criteria; and (ii) if the Commission makes an initial determination, pursuant to clause (i), that the facility meets the qualifying criteria, publish public notice of the notice of intent filed under subparagraph (A). (C) If, not later than 45 days after the date of publication of the public notice described in subparagraph (B)(ii)— (i) an entity contests whether the facility meets the qualifying criteria, the Commission shall promptly issue a written determination as to whether the facility meets such criteria; or (ii) no entity contests whether the facility meets the qualifying criteria, the facility shall be deemed to meet such criteria. (3) For purposes of this section: (A) The term conduit means any tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. (B) The term qualifying conduit hydropower facility means a facility (not including any dam or other impoundment) that is determined or deemed under paragraph (2)(C) to meet the qualifying criteria. (C) The term qualifying criteria means, with respect to a facility— (i) the facility is constructed, operated, or maintained for the generation of electric power and uses for such generation only the hydroelectric potential of a non-federally owned conduit; (ii) the facility has an installed capacity that does not exceed 5 megawatts; and (iii) on or before the date of enactment of the Hydropower Regulatory Efficiency Act of 2013, the facility is not licensed under, or exempted from the license requirements contained in, this part. (b) Subject to subsection (c), the Commission may grant an exemption in whole or in part from the requirements of this part, including any license requirements contained in this part, to any facility (not including any dam or other impoundment) constructed, operated, or maintained for the generation of electric power which the Commission determines, by rule or order— (1) utilizes for such generation only the hydroelectric potential of a conduit; and (2) has an installed capacity that does not exceed 40 megawatts. ; (2) in subsection (c), by striking subsection (a) and inserting subsection (b) ; and (3) in subsection (d), by striking subsection (a) and inserting subsection (b) . (b) Conforming amendment Subsection (d) of section 405 of the Public Utility Regulatory Policies Act of 1978 ( 16 U.S.C. 2705 ), as amended, is further amended by striking subsection (a) of such section 30 and inserting subsection (b) of such section 30 . 5. FERC authority to extend preliminary permit periods Section 5 of the Federal Power Act (16 U.S.C. 798) is amended— (1) by designating the first, second, and third sentences as subsections (a), (c), and (d), respectively; and (2) by inserting after subsection (a) (as so designated) the following: (b) The Commission may extend the period of a preliminary permit once for not more than 2 additional years beyond the 3 years permitted by subsection (a) if the Commission finds that the permittee has carried out activities under such permit in good faith and with reasonable diligence. . 6. Promoting hydropower development at nonpowered dams and closed loop pumped storage projects (a) In general To improve the regulatory process and reduce delays and costs for hydropower development at nonpowered dams and closed loop pumped storage projects, the Federal Energy Regulatory Commission (referred to in this section as the Commission ) shall investigate the feasibility of the issuance of a license for hydropower development at nonpowered dams and closed loop pumped storage projects in a 2-year period (referred to in this section as a 2-year process ). Such a 2-year process shall include any prefiling licensing process of the Commission. (b) Workshops and pilots The Commission shall— (1) not later than 60 days after the date of enactment of this Act, hold an initial workshop to solicit public comment and recommendations on how to implement a 2-year process; (2) develop criteria for identifying projects featuring hydropower development at nonpowered dams and closed loop pumped storage projects that may be appropriate for licensing within a 2-year process; (3) not later than 180 days after the date of enactment of this Act, develop and implement pilot projects to test a 2-year process, if practicable; and (4) not later than 3 years after the date of implementation of the final pilot project testing a 2-year process, hold a final workshop to solicit public comment on the effectiveness of each tested 2-year process. (c) Memorandum of understanding The Commission shall, to the extent practicable, enter into a memorandum of understanding with any applicable Federal or State agency to implement a pilot project described in subsection (b). (d) Reports (1) Pilot projects not implemented If the Commission determines that no pilot project described in subsection (b) is practicable because no 2-year process is practicable, not later than 240 days after the date of enactment of this Act, the Commission 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 a report that— (A) describes the public comments received as part of the initial workshop held under subsection (b)(1); and (B) identifies the process, legal, environmental, economic, and other issues that justify the determination of the Commission that no 2-year process is practicable, with recommendations on how Congress may address or remedy the identified issues. (2) Pilot projects implemented If the Commission develops and implements pilot projects involving a 2-year process, not later than 60 days after the date of completion of the final workshop held under subsection (b)(4), the Commission 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 a report that— (A) describes the outcomes of the pilot projects; (B) describes the public comments from the final workshop on the effectiveness of each tested 2-year process; and (C) (i) outlines how the Commission will adopt policies under existing law (including regulations) that result in a 2-year process for appropriate projects; (ii) outlines how the Commission will issue new regulations to adopt a 2-year process for appropriate projects; or (iii) identifies the process, legal, environmental, economic, and other issues that justify a determination of the Commission that no 2-year process is practicable, with recommendations on how Congress may address or remedy the identified issues. 7. DOE study of pumped storage and potential hydropower from conduits (a) In general The Secretary of Energy shall conduct a study— (1) (A) of the technical flexibility that existing pumped storage facilities can provide to support intermittent renewable electric energy generation, including the potential for such existing facilities to be upgraded or retrofitted with advanced commercially available technology; and (B) of the technical potential of existing pumped storage facilities and new advanced pumped storage facilities, to provide grid reliability benefits; and (2) (A) to identify the range of opportunities for hydropower that may be obtained from conduits (as defined by the Secretary) in the United States; and (B) through case studies, to assess amounts of potential energy generation from such conduit hydropower projects. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary of Energy 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 a report that describes the results of the study conducted under subsection (a), including any recommendations.

https://www.govinfo.gov/content/pkg/BILLS-113hr267ih/xml/BILLS-113hr267ih.xml

113-hr-268

I 113th CONGRESS 1st Session H. R. 268 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Sarbanes (for himself, Ms. Bonamici , Mr. Brady of Pennsylvania , Mr. Capuano , Mr. Cicilline , Mr. Cohen , Mr. Conyers , Mr. Courtney , Ms. DeLauro , Mr. Deutch , Mr. Dingell , Ms. Edwards , Mr. Ellison , Ms. Eshoo , Mr. George Miller of California , Mr. Grijalva , Mr. Himes , Mr. Holt , Mr. Larson of Connecticut , Ms. Lee of California , Mr. Maffei , Mr. McGovern , Mr. Nolan , Ms. Norton , Mr. O'Rourke , Ms. Pingree of Maine , Mr. Polis , Mr. Price of North Carolina , Mr. Rush , Mr. Scott of Virginia , Mr. Sires , Mr. Tonko , Mr. Van Hollen , and Mr. Yarmuth ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committees on Ways and Means , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reform the financing of Congressional elections by encouraging grassroots participation in the funding of campaigns, and for other purposes. 1. Short title; table of contents (a) Short Title This Act may be cited as the Grassroots Democracy Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Grassroots Participation in Funding of Elections Subtitle A—Grassroots Democracy Dollars Sec. 101. Refundable credit for grassroots contributions to Federal congressional candidates. Subtitle B—Grassroots Democracy Coupon Pilot Program Sec. 111. Establishment of pilot program. Sec. 112. Reports to Congress. Title II—Grassroots financing of congressional election campaigns Sec. 201. Benefits and eligibility requirements for candidates. Title V—Grassroots financing of congressional election campaigns Subtitle A—Benefits Sec. 501. Benefits for participating candidates. Sec. 502. Procedures for making payments. Sec. 503. Use of funds. Sec. 504. Qualified grassroots contributions described. Subtitle B—Eligibility and certification Sec. 511. Eligibility. Sec. 512. Qualifying requirements. Sec. 513. Certification. Subtitle C—Requirements for Candidates Certified as Participating Candidates Sec. 521. Contribution and expenditure requirements. Sec. 522. Administration of campaign. Sec. 523. Preventing unnecessary spending of public funds. Sec. 524. Remitting unspent funds after election. Subtitle D—Supplemental Grassroots Democracy People’s Fund Payments Sec. 531. Eligibility of participating candidates for payments. Sec. 532. Amount of payment; use of funds. Sec. 533. Severability. Subtitle E—Administrative provisions Sec. 541. Grassroots Democracy Fund. Sec. 542. Grassroots Democracy Advisory Commission. Sec. 543. Administration by Commission. Sec. 544. Violations and penalties. Sec. 545. Election cycle defined. Sec. 202. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Title III—Other administrative reforms Sec. 301. Expanding requirement to disclose bundlers who are registered lobbyists to all bundlers. Sec. 302. Expansion of period for treatment of communications as electioneering communications. Sec. 303. User fees for committees and bundlers. Sec. 304. Petition for certiorari. Sec. 305. Filing by all candidates with Commission. Sec. 306. Electronic filing of FEC reports. Sec. 307. Effective date. Title IV—Offsets Sec. 401. Reform of tax rules related to political organizations. Sec. 402. Voluntary contributions to the Grassroots Democracy Fund. Title V—Expanding Candidate Access to Advertising Sec. 501. Broadcasts by or on behalf of candidates. I Grassroots Participation in Funding of Elections A Grassroots Democracy Dollars 101. Refundable credit for grassroots contributions to Federal congressional candidates (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by inserting after section 36B the following new section: 36C. Credit for grassroots contributions to Federal congressional candidates (a) In general In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to the qualified grassroots Federal congressional campaign contributions paid or incurred by the taxpayer during the taxable year. (b) Limitations (1) Dollar limitation The credit allowed under subsection (a) to any taxpayer with respect to any taxable year shall not exceed $25 (twice such amount in the case of a joint return). (2) Limitation on contributions to Federal congressional candidates No credit shall be allowed under this section to any taxpayer for any taxable year if such taxpayer made aggregate contributions in excess of $200 (twice such amount in the case of a joint return) during the taxable year to— (A) any single Federal congressional candidate, or (B) any political committee established and maintained by a national political party. (3) Ineligibility of individuals using Grassroots Democracy Coupons No credit shall be allowed under this section with respect to any individual for any taxable year during which such individual submitted a Grassroots Democracy Coupon under subtitle B of title I of the Grassroots Democracy Act of 2013 to a candidate for election for Federal office. In the case of a joint return with respect to which this paragraph applies to one of the spouses, such return shall not be treated as a joint return for purposes of determining the dollar limitation under paragraph (1). (c) Qualified grassroots Federal congressional campaign contributions For purposes of this section, the term qualified grassroots Federal congressional campaign contribution means any contribution of cash by an individual to a Federal congressional candidate or to a political committee established and maintained by a national political party if such contribution is not prohibited under the Federal Election Campaign Act of 1971. (d) Federal congressional candidate For purposes of this section— (1) In general The term Federal congressional candidate means any candidate for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (2) Treatment of authorized committees Any contribution made to an authorized committee of a Federal congressional candidate shall be treated as made to such candidate. (e) Inflation adjustment (1) In general In the case of a taxable year beginning after 2014, the $25 amount under subsection (b)(1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (2) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $5, such amount shall be rounded to the nearest multiple of $5. . (b) Conforming amendments (1) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, after 36B, . (2) Section 1324(b)(2) of title 31, United States Code, is amended by inserting 36C, after 36B, . (3) The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Credit for grassroots contributions to Federal congressional candidates. . (c) Forms The Secretary of the Treasury, or his designee, shall ensure that the credit for grassroots contributions to Federal congressional candidates allowed under section 36C of the Internal Revenue Code of 1986, as added by this section, may be claimed on Forms 1040EZ and 1040A. (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. B Grassroots Democracy Coupon Pilot Program 111. Establishment of pilot program (a) Establishment The Grassroots Democracy Advisory Commission established under section 542 of the Federal Election Campaign Act of 1971 (as added by section 201) (hereafter in this subtitle referred to as the Commission ) shall establish a pilot program under which— (1) a qualified individual who resides in a State selected for participation in the program shall be provided with a voucher to be known as a Grassroots Democracy Coupon during the election cycle which will be assigned a routing number and which at the option of the individual will be provided in either paper or electronic form; (2) using the routing number assigned to the Coupon, the individual may submit the Grassroots Democracy Coupon in either electronic or paper form to qualified candidates for election for Federal office and allocate such portion of the value of the voucher in increments of $5 (in an amount not to exceed $50 for any single candidate) as the individual may select to any such candidate; and (3) if the candidate transmits such Grassroots Democracy Coupon to the Commission, the Commission shall pay the candidate the portion of the value of the voucher that the individual allocated to the candidate, which shall be considered a contribution by the individual to the candidate for purposes of the Federal Election Campaign Act of 1971. (b) Selection of States (1) In general A State that seeks to participate in the pilot program under this title shall submit to the Commission (at such time and in such form as the Commission may require) an application containing such information and assurances as the Commission may require. (2) Criteria In selecting among States that seek to participate in the program, the Commission shall ensure a balance among various geographic regions, population sizes, and other demographic characteristics. (c) Standards for qualification of individuals The Commission shall establish standards for the qualification of individuals to whom Grassroots Democracy Coupons will be provided, so that only individuals who are registered to vote in elections for Federal office may qualify and such individuals would be able to claim the Coupons immediately upon registering to vote. (d) Other administrative specifications In carrying out the pilot program under this subtitle, the Commission shall— (1) create the necessary routing numbers for the Grassroots Democracy Coupons, which will be matched with State-issued voter registration cards; (2) provide incentives for candidates for election for Federal office and interested organizations to develop online platforms through which individuals may select among eligible candidates for the submission and acceptance of Grassroots Democracy Coupons in electronic or paper form; and (3) establish fraud prevention mechanisms so that an individual may revoke a Grassroots Democracy Coupon not later than 2 days after submitting the Coupon to a candidate. 112. Reports to Congress (a) Reports Not later than 6 months after each election cycle during which the pilot program under this subtitle is in effect, the Commission and the Government Accountability Office shall each submit a report to Congress analyzing the operation and effectiveness of the program during the cycle, and shall include in each such report such recommendations as the Commission and the Government Accountability Office (as the case may be) consider appropriate regarding the expansion of the pilot program to all States and territories, along with such other recommendations as the Commission and Government Accountability Office consider appropriate. (b) Definition In subsection (a), the term election cycle means the period beginning on the day after the date of the most recent regularly scheduled general election for Federal office and ending on the date of the next regularly scheduled general election for Federal office. II Grassroots financing of congressional election campaigns 201. Benefits and eligibility requirements for candidates The Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ) is amended by adding at the end the following: V Grassroots financing of congressional election campaigns A Benefits 501. Benefits for participating candidates (a) In general If a candidate for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under this title with respect to an election for such office, the candidate shall be entitled to payments as provided under this title. (b) Amount of payment (1) Tier 1 candidates In the case of a participating candidate who is a Tier 1 candidate, the amount of a payment made under this title shall be equal to 500 percent of the amount of qualified grassroots contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle which are attributable to residents of the State in which the candidate seeks election. (2) Tier 2 candidates In the case of a participating candidate who is a Tier 2 candidate, the amount of the payment made under this title shall be equal to 1,000 percent of the amount of qualified grassroots contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle. (c) Limit on aggregate amount of payments (1) Tier 1 candidates In the case of a participating candidate who is a Tier 1 candidate, the aggregate amount of payments made under this title may not exceed 50% of the average of the 10 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle (in the case of a participating candidate for such office) or any winning candidate for the office of Senator during the most recent election cycle (in the case of a participating candidate for such office). (2) Tier 2 candidates In the case of a participating candidate who is a Tier 2 candidate, the aggregate amount of payments made under this title may not exceed 100% of the average of the 10 greatest amounts of disbursements made by the authorized committees of any winning candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress during the most recent election cycle (in the case of a participating candidate for such office) or any winning candidate for the office of Senator during the most recent election cycle (in the case of a participating candidate for such office). 502. Procedures for making payments (a) In general The Commission make a payment under section 501 to a candidate who is certified as a participating candidate upon receipt from the candidate of a request for a payment which includes— (1) a statement of the number of qualified grassroots contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle; (2) a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and (3) such other information and assurances as the Commission may require. (b) Restrictions on submission of requests A candidate may not submit a request under subsection (a) unless each of the following applies: (1) The number of individuals in the statement referred to in subsection (a)(1) is equal to or greater than 100, unless the request is submitted during the 30-day period which ends on the date of a general election. (2) Of the number of individuals in the statement referred to in subsection (a)(1), at least 50 percent are residents of the Congressional district involved (in the case of a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress) or the State involved (in the case of a candidate for election for the office of Senator). (3) The candidate did not receive a payment under this title during the 7-day period which ends on the date the candidate submits the request. (c) Time of payment The Commission shall make payments under this section not later than 2 business days after the receipt of a request submitted under subsection (a). (d) Declaration of tier 1 or tier 2 status A candidate shall include in the first request for payment submitted under subsection (a) a statement specifying whether the candidate is a Tier 1 candidate or a Tier 2 candidate under this title. (e) Appeals The Commission shall provide a written explanation with respect to any denial of a request for payment which is submitted under this section and shall provide for the opportunity for review and reconsideration within 5 business days of such denial. 503. Use of funds (a) In general A candidate shall use payments made under this title only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. (b) Limit on amount of payment made on commission basis to individuals collecting qualified grassroots contributions If a candidate who is certified as a participating candidate under this title pays any person a commission on a per contribution basis for collecting qualified grassroots contributions, the amount paid by the candidate and the authorized committees of the candidate may not exceed 20% of the value of the qualified grassroots contributions the person collected. 504. Qualified grassroots contributions described (a) In general In this title, the term qualified grassroots contribution means, with respect to a candidate and the authorized committees of a candidate, a contribution that meets the following requirements: (1) The contribution is in an amount that is— (A) not less than the greater of $5 or the amount determined by the Commission under section 542(c)(2); and (B) not more than the greater of $100 or the amount determined by the Commission under section 542(c)(2). (2) The contribution is made by an individual who is not otherwise prohibited from making a contribution under this Act. (3) The individual who makes the contribution has not made any contribution to the candidate or the authorized committees of the candidate during the election cycle involved that is not a qualified grassroots contribution. (b) Treatment of grassroots refundable credits and grassroots democracy vouchers Any payment received by a candidate and the authorized committees of a candidate which is treated as a qualified grassroots Federal congressional campaign contribution under section 36B of the Internal Revenue Code of 1986 or which consists of a Grassroots Democracy Coupon under subtitle B of title I of the Grassroots Democracy Act of 2013 shall be considered a qualified grassroots contribution for purposes of this title, so long as the individual making the payment meets the requirements of paragraphs (2) and (3) of subsection (a). (c) Exception for contributions by individuals opting out of grassroots systems (1) In general A contribution by an individual shall not be treated as a qualified grassroots contribution for purposes of this title if, at the time the individual makes the contribution, the individual notifies the recipient that the contribution is not to be treated as a qualified grassroots contribution. (2) Contributions deemed qualified Any contribution which meets the requirements set forth in subsection (a) shall be deemed a qualified grassroots contribution without regard to whether the individual making the contribution designates the contribution as a qualified grassroots contribution for purposes of this title. (d) Restriction on subsequent contributions (1) In general An individual who makes a qualified grassroots contribution to a candidate or the authorized committees of a candidate during an election cycle may not make any contribution to such candidate or the authorized committees of such candidate during the cycle which is not a qualified grassroots contribution. (2) No effect on ability to make multiple contributions Nothing in this section may be construed to prohibit an individual from making multiple qualified grassroots contributions to any candidate or any number of candidates, so long as each contribution meets the requirements of this section. (e) Notification requirements for candidates (1) Notification Each authorized committee of a candidate who seeks to be a participating candidate under this title shall provide the following information in any materials for the solicitation of contributions, including any Internet site through which individuals may make contributions to the committee: (A) A statement that if the candidate is certified as a participating candidate under this title, the candidate will receive matching payments in an amount which is based on the total amount of qualified grassroots contributions received. (B) A statement that a contribution which meets the requirements set forth in subsection (a) shall be treated as a qualified grassroots contribution under this title unless the contributor notifies the committee that the contribution is not to be so treated. (C) A statement that if a contribution is treated as qualified grassroots contribution under this title, the individual who makes the contribution may not make any contribution to the candidate or the authorized committees of the candidate during the election cycle which is not a qualified grassroots contribution. (2) Expansion of other disclosure statements An authorized committee may meet the requirements of paragraph (1) by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the Internet). B Eligibility and certification 511. Eligibility (a) In general A candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements: (1) During the election cycle for the office involved, the candidate files with the Commission a statement of intent to seek certification as a participating candidate, and specifies in the statement whether the candidate intends to seek certification as a Tier 1 candidate or a Tier 2 candidate. (2) Each authorized committee of the candidate provides the information required under section 503(d) . (3) The candidate meets the qualifying requirements of section 512. (4) Not later than the last day of the Grassroots Democracy qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 521; (B) if certified, will run only as a participating candidate for all elections for the office that such candidate is seeking during that election cycle; and (C) has either qualified or will take steps to qualify under State law to be on the ballot. (b) General election Notwithstanding subsection (a), a candidate shall not be eligible to be certified as a participating candidate under this title for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law. (c) Grassroots Democracy qualifying period Defined The term Grassroots Democracy qualifying period means, with respect to any candidate for an office, the 240-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 30 days before— (1) the date of the primary election; or (2) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. 512. Qualifying requirements (a) Receipt of qualified grassroots contributions A candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Grassroots Democracy qualifying period described in section 511(c), the candidate obtains the following: (1) A single qualified grassroots contribution from not fewer than— (A) in the case of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, 2,000 individuals, of whom not fewer than 50 percent shall be residents of the Congressional district the candidate seeks to represent; or (B) in the case of a candidate for the office of Senator, a number of individuals equal to the sum of 2,000 plus an amount equal to the product of 500 and the number of Congressional districts in the State involved, of whom not fewer than 50 percent shall be residents of the State in which the candidate seeks election. (2) A total dollar amount of qualified grassroots contributions equal to or greater than— (A) in the case of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, $50,000; or (B) in the case of a candidate for the office of Senator, the sum of $200,000 plus an amount equal to the product of $25,000 and the number of Congressional districts in the State involved. (b) Requirements relating to receipt of qualified grassroots contribution Each qualified grassroots contribution— (1) may be made by means of a personal check, money order, debit card, credit card, electronic payment account, or text message; (2) shall be accompanied by a signed statement (or, in the case of a contribution made online or through other electronic means, an electronic equivalent) containing— (A) the contributor’s name and the contributor's address in the State in which the primary residence of the contributor is located, and (B) an oath declaring that the contributor— (i) understands that the purpose of the contribution is to show support for the candidate so that the candidate may qualify for Grassroots Democracy financing, (ii) is making the contribution in his or her own name and from his or her own funds, (iii) has made the contribution willingly, and (iv) has not received any thing of value in return for the contribution; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy (in paper or electronic form) kept by the candidate for the Commission and a copy (in paper or electronic form) kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. (c) Verification of qualified grassroots contributions The Commission shall establish procedures for the auditing and verification of qualified grassroots contributions to ensure that such contributions meet the requirements of this section. (d) Prohibiting payment on commission basis of individuals collecting qualified grassroots contributions No person may be paid a commission on a per contribution basis for collecting qualified grassroots contributions. 513. Certification (a) Deadline and Notification (1) In general Not later than 5 days after a candidate files an affidavit under section 511(a)(3), the Commission shall— (A) determine whether or not the candidate meets the requirements for certification as a participating candidate; (B) if the Commission determines that the candidate meets such requirements, certify the candidate as a participating Tier 1 candidate or a participating Tier 2 candidate; and (C) notify the candidate of the Commission's determination. (2) Deemed certification for all elections in election cycle If the Commission certifies a candidate as a participating Tier 1 candidate or a participating Tier 2 candidate with respect to the first election of the election cycle involved, the Commissioner shall be deemed to have certified the candidate as such a participating candidate with respect to all subsequent elections of the election cycle. (b) Revocation of certification (1) In general The Commission may revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification (other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle); or (B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Effect of revocation If a candidate’s certification is revoked under paragraph (1)— (A) the candidate shall repay to the Grassroots Democracy Fund established under section 541 an amount equal to the payments received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission) on any such amount received; (B) the candidate may not receive payments under this title during the remainder of the election cycle involved; and (C) the candidate may not be certified as a participating candidate under this title with respect to the next election cycle. (3) Prohibiting participation in future elections for candidates with multiple revocations If the Commission revokes the certification of an individual as a participating candidate under this title 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election. (c) Participating Candidate defined In this title, a participating candidate means a candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title. C Requirements for Candidates Certified as Participating Candidates 521. Contribution and expenditure requirements (a) Permitted sources of contributions and expenditures (1) Tier 1 candidates Except as provided in subsection (c), a participating candidate who is certified as a Tier 1 candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source and make no expenditures from any amounts, other than the following: (A) Qualified grassroots contributions. (B) Payments under this title. (C) Contributions from political committees established and maintained by a national or State political party. (D) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified grassroots contributions). (E) Subject to subsection (e), contributions from individuals who are otherwise permitted to make contributions under this Act. (2) Tier 2 candidates Except as provided in subsection (c), a participating candidate who is certified as a Tier 2 candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source and make no expenditures from any amounts, other than the following: (A) Qualified grassroots contributions. (B) Payments under this title. (C) Contributions from political committees established and maintained by a national or State political party. (D) Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified grassroots contributions). (b) Special rules for personal funds (1) Limit on amount A candidate who is certified as a participating candidate may use personal funds (including personal funds of any immediate family member of the candidate) so long as— (A) the amount used with respect to the election cycle does not exceed $50,000; and (B) the funds are used only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. (2) Immediate family member defined In this subsection, the term immediate family means, with respect to a candidate— (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (c) Exceptions (1) Exception for contributions received prior to filing of statement of intent A candidate who has accepted contributions that are not described in paragraph (1) of subsection (a) (in the case of a Tier 1 candidate) or in paragraph (2) of subsection (a) (in the case of a Tier 2 candidate) prior to the date the candidate files a statement of intent under section 511(a)(1) is not in violation of subsection (a), but only if all such contributions are— (A) returned to the contributor; (B) submitted to the Commission for deposit in the Grassroots Democracy Fund established under section 541; or (C) spent in accordance with paragraph (2). (2) Exception for expenditures made prior to filing of statement of intent If a candidate has made expenditures prior to the date the candidate files a statement of intent under section 511(a)(1) that the candidate is prohibited from making under subsection (a) or subsection (b), the candidate is not in violation of such subsection if the aggregate amount of the prohibited expenditures is less than the amount referred to in section 512(a)(2) (relating to the total dollar amount of qualified grassroots contributions which the candidate is required to obtain) which is applicable to the candidate. (3) Exception for campaign surpluses from a previous election Notwithstanding paragraph (1), unexpended contributions received by the candidate or the an authorized committee of the candidate with respect to a previous election may be retained, but only if the candidate places the funds in escrow and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate. (4) Exception for contributions received before the effective date of this title Contributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated the same as campaign surpluses under paragraph (3), and expenditures made shall count against the limit in paragraph (2). (d) Special Rule for Coordinated Party Expenditures For purposes of this section, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. (e) Phase-Out of amount of private contributions that may be accepted by Tier 1 candidates With respect to an election cycle occurring after the first 3 election cycles for which this title is in effect, the amount of a contribution that may be accepted from an individual by a participating candidate who is certified as a Tier 1 candidate may not exceed the following: (1) For the fourth election cycle for which this title is in effect, an amount equal to 60% of the limitation on the amount of a contribution which a candidate may accept from an individual for such cycle under section 315(a)(1). (2) For the fifth election cycle for which this title is in effect, an amount equal to 40% of the limitation on the amount of a contribution which a candidate may accept from an individual for such cycle under section 315(a)(1). (3) For the sixth election cycle for which this title is in effect and any subsequent election cycle, an amount equal to 20% of the limitation on the amount of a contribution which a candidate may accept from an individual for such cycle under section 315(a)(1). (f) Prohibition on joint fundraising committees (1) Prohibition An authorized committee of a candidate who is certified as a participating candidate under this title with respect to an election may not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. (2) Status of existing committees for prior elections If a candidate established a joint fundraising committee described in paragraph (1) with respect to a prior election for which the candidate was not certified as a participating candidate under this title and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of paragraph (1) so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is certified as a participating candidate under this title. 522. Administration of campaign (a) Use of separate accounts for various permitted contributions Each authorized committee of a candidate certified as a participating candidate under this title— (1) shall establish a separate account for each type of contribution described in paragraph (1) of section 521(a) (in the case of a Tier 1 candidate) or paragraph (2) of section 521(a) (in the case of a Tier 2 candidate) which is received by the committee, and shall deposit each contribution in the account established for that type of contribution; and (2) shall establish a separate account for the payments received under this title, and shall deposit each such payment in that account. (b) Enhanced reporting of disbursements In addition to any reports required under section 304, not later than 3 months after the end of the election cycle involved, each authorized committee of a candidate certified as a participating candidate under this title shall submit a report to the Commission on all disbursements made from each separate account established under subsection (a) (in the same manner as the report required under section 304(b)(4)). (c) Enhanced internet disclosure of information on donors Each authorized committee of a candidate shall ensure that all information reported to the Commission under this Act with respect to contributions and expenditures of the committee is available to the public on the Internet (whether through a site established for purposes of this subsection, a hyperlink on another public site of the committee, or a hyperlink on a report filed electronically with the Commission) in a searchable, sortable, and downloadable manner. 523. Preventing unnecessary spending of public funds (a) Mandatory spending of available private funds An authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in— (1) subparagraphs (C), (D), and (E) of paragraph (1) of section 521(a), in the case of a Tier 1 candidate; or (2) subparagraphs (C) and (D) of paragraph (2) of section 521(a), in the case of a Tier 2 candidate. (b) Limitation Subsection (a) applies to an authorized committee only to the extent that the funds referred to in paragraph (1) of such subsection (in the case of a Tier 1 candidate) or in paragraph (2) of such subsection (in the case of a Tier 2 candidate) are available to the committee at the time the committee makes an expenditure of a payment received under this title. 524. Remitting unspent funds after election (a) Remittance required (1) In general Not later than the date that is 60 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission for deposit in the Grassroots Democracy Fund established under section 541 an amount equal to the balance of the accounts established by the authorized committees of the candidate under section 522 for the payments received under this title. (2) Exception for tier 2 candidates participating in next cycle Notwithstanding paragraph (1), a Tier 2 candidate may withhold not more than $50,000 from the amount required to be remitted under paragraph (1) if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a Tier 2 candidate with respect to the next election cycle. If the candidate fails to seek certification as a Tier 2 candidate prior to the last day of the Grassroots Democracy qualifying period for the next election cycle (as described in section 511), or if the Commission notifies the candidate of the Commission’s determination does not meet the requirements for certification as a Tier 2 candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. (b) Exception for expenditures incurred but not paid as of date of remittance (1) In general A candidate may withhold from the amount required to be remitted under subsection (a) the amount of any authorized expenditures which were incurred in connection with the candidate’s campaign but which remain unpaid as of the deadline applicable to the candidate under such subsection, except that any amount withheld pursuant to this paragraph shall be remitted to the Commission not later than 120 days after the date of the election to which such subsection applies. (2) Documentation required A candidate may withhold an amount of an expenditure pursuant to paragraph (1) only if the candidate submits documentation of the expenditure and the amount to the Commission not later than the deadline applicable to the candidate under subsection (a). D Supplemental Grassroots Democracy People’s Fund Payments 531. Eligibility of participating candidates for payments (a) Payments to candidates In addition to the payments made under subtitle A, a candidate certified as a participating candidate under this title with respect to an election shall be entitled to a supplemental Grassroots Democracy People’s Fund payment from the Grassroots Democracy Fund each time during the election cycle that the Commission issues a determination under subsection (b) that the outside speech threshold with respect to the election has been reached. (b) Outside speech threshold (1) Determinations by commission (A) In general For purposes of this section, the Commission shall issue a determination that the outside speech threshold with respect to an election is reached each time during the election cycle that the Commission determines that the amount disbursed for political activity with respect to the election exceeds— (i) the House threshold, in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; or (ii) the Senate threshold, in the case of an election for the office of Senator. (B) Exclusion of certain disbursements For purposes of subparagraph (A), in determining the amount disbursed for political activity with respect to an election, there shall be excluded— (i) disbursements made by any authorized committee of a candidate; and (ii) disbursements made by a political committee of a national political party. (C) Inclusion of amounts spent on non-candidate-specific advertisements In determining the amount disbursed for political activity with respect to an election under subparagraph (A), there shall be included any amount disbursed for a political advertisement described in subsection (c)(3). (2) Subsequent determinations after threshold is first reached After the first time during the election cycle that the Commission issues a determination under paragraph (1) that the outside speech threshold with respect to an election has been reached, any subsequent determination as to whether the threshold has been reached shall be made only on the basis of disbursements made after the most recent such determination issued by the Commission. (3) House threshold (A) In general For purposes of paragraph (1)(A), the House threshold with respect to an election is an amount equal to the product of the adjusted baseline amount under subparagraph (B) and the number of candidates in the election. (B) Adjusted baseline amount For purposes of subparagraph (A), the adjusted baseline amount with respect to an election is an amount equal to the product of $250,000 and an adjustment factor applied by the Commission to take into account the relative media-related costs of political activity in the Congressional district involved as compared to the average of such costs among all Congressional districts. (C) Exclusion of certain candidates For purposes of subparagraph (A), in determining the number of candidates in an election, there shall be excluded any candidate who is determined by the Commission to be a minor candidate, in accordance with such criteria as the Commission shall by regulation establish, taking into account the amount of funds raised and expended by the candidate, the candidate’s ability to qualify for the ballot, and such other factors as the Commission considers appropriate. (4) Senate threshold (A) In general For purposes of paragraph (1)(A), the Senate threshold with respect to an election is an amount equal to the product of the adjusted baseline amount under subparagraph (B) and the number of candidates in the election. (B) Adjusted baseline amount For purposes of subparagraph (A), the adjusted baseline amount with respect to an election is an amount equal to the product of— (i) the sum of $250,000 plus the product of $100,000 and the number of Congressional districts in the State involved; and (ii) an adjustment factor applied by the Commission to take into account the relative media-related costs of political activity in the State involved as compared to the average of such costs among all States. (C) Exclusion of certain candidates For purposes of subparagraph (A), in determining the number of candidates in an election, there shall be excluded any candidate who is determined by the Commission to be a minor candidate, in accordance with such criteria as the Commission shall by regulation establish, taking into account the amount of funds raised and expended by the candidate, the candidate’s ability to qualify for the ballot, and such other factors as the Commission considers appropriate. (c) Political activity defined In this section, political activity means, with respect to an election, any of the following: (1) A publicly disseminated communication consisting of an independent expenditure (as defined in section 301(17)) which advocates the election or defeat of a candidate in the election. (2) A publicly disseminated communication consisting of an electioneering communication (as defined in section 304(f)) which refers to a candidate in the election. (3) A publicly disseminated communication consisting of a communication which refers to the political party of a candidate in the election and which would be treated as an electioneering communication (as defined in section 304(f)) if it referred to a clearly identified candidate for Federal office. (4) Voter registration, voter identification, get-out-the-vote, and other related activity carried out in connection with the election. 532. Amount of payment; use of funds (a) Amount The amount of the supplemental Grassroots Democracy People’s Fund payment made to a candidate under this subtitle shall be equal to 100 percent of the aggregate amount of qualified grassroots donations received by the candidate, as reported in the most recent request for a payment under this title which has been submitted by the candidate under section 502 at the time the Commission issues a determination under section 541(b). (b) Use of funds A candidate shall use the supplemental payment under this subtitle only for authorized expenditures in connection with the election cycle involved. 533. Severability If any provision of this subtitle, or the application of a provision of this subtitle to any person or circumstance, is held to be unconstitutional, the remainder of this title, and the application of the provisions to any person or circumstance, shall not be affected by the holding. E Administrative provisions 541. Grassroots Democracy Fund (a) Establishment There is established in the Treasury a fund to be known as the Grassroots Democracy Fund . (b) Amounts held by Fund The Fund shall consist of the following amounts: (1) Appropriated amounts Amounts appropriated to the Fund, including trust fund amounts appropriated pursuant to applicable provisions of the Internal Revenue Code of 1986. (2) Voluntary contributions Voluntary contributions to the Fund. (3) Other deposits Amounts deposited into the Fund under— (A) section 6098 of the Internal Revenue Code of 1986 (relating to contributions to Grassroots Democracy Fund); (B) section 521(c) (relating to exceptions to contribution requirements); (C) section 523 (relating to remittance of unused payments from the Fund); (D) section 544 (relating to violations); and (E) any other section of this Act. (4) Investment returns Interest on, and the proceeds from, the sale or redemption of, any obligations held by the Fund under subsection (c). (c) Investment The Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) of the Internal Revenue Code of 1986. (d) Use of Fund (1) In general The sums in the Fund shall be used to make payments to participating candidates as provided in this title. (2) Insufficient amounts Under regulations established by the Commission, rules similar to the rules of section 9006(c) of the Internal Revenue Code of 1986 shall apply. 542. Grassroots Democracy Advisory Commission (a) Establishment There is established within the Federal Election Commission an entity to be known as the Grassroots Democracy Advisory Commission (in this title referred to as the Advisory Commission ). (b) Structure and membership (1) In general The Advisory Commission shall be composed of 5 members appointed by the President with the advice and consent of the Senate, of whom— (A) 2 shall be appointed after consultation with the Majority Leader of the House of Representatives; (B) 2 shall be appointed after consultation with the Minority Leader of the House of Representatives; and (C) 1 shall be appointed upon the recommendation of the members appointed under subparagraphs (A) and (B). (2) Qualifications (A) In general The members shall be individuals who by reason of their education, experience, and attainments, are exceptionally qualified to perform the duties of members of the Advisory Commission. (B) Prohibition No member of the Advisory Commission may be— (i) an employee of the Federal Government; (ii) a registered lobbyist or an individual who was a registered lobbyist at any time during the 2-year period preceding appointment to the Advisory Commission; or (iii) an officer or employee of a political party or political campaign. (3) Date Members of the Advisory Commission shall be appointed not later than 60 days after the date of the enactment of this Act. (4) Terms A member of the Advisory Commission shall be appointed for a term of 5 years. (5) Vacancies A vacancy on the Advisory Commission shall be filled not later than 30 calendar days after the date on which the Advisory Commission is given notice of the vacancy, in the same manner as the original appointment. The individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed. (6) Chairperson The Advisory Commission shall designate a Chairperson from among the members of the Board. (c) Duties and powers (1) Administration The Advisory Commission shall have such duties and powers as the Commission may prescribe, including the power to administer the provisions of this title. (2) Review of Grassroots Democracy financing (A) In general After each regularly scheduled general election for Federal office, the Advisory Commission shall conduct a comprehensive review of the Grassroots Democracy financing program under this title, including— (i) the maximum and minimum dollar amounts of qualified grassroots contributions under section 504; (ii) the number and value of qualified grassroots contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate; (iii) the maximum amount of payments a candidate may receive under this title; (iv) the overall satisfaction of participating candidates and the American public with the program; and (v) such other matters relating to financing of campaigns as the Advisory Commission determines are appropriate. (B) Criteria for review In conducting the review under subparagraph (A), the Advisory Commission shall consider the following: (i) Qualified grassroots contributions The Advisory Commission shall consider whether the number and dollar amounts of qualified grassroots contributions required strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Advisory Commission determines is appropriate. (ii) Review of payment levels The Advisory Commission shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualified grassroots contributions) and payments under this title are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Advisory Commission determines is appropriate. (C) Adjustment of amounts (i) In general Based on the review conducted under subparagraph (A), the Advisory Commission shall provide for the adjustments of the following amounts: (I) The maximum and minimum dollar amounts of qualified grassroots contributions under section 504. (II) The number and value of qualified grassroots contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate. (III) The maximum amount of payments may receive under this title. (ii) Regulations The Commission shall promulgate regulations providing for the adjustments made by the Advisory Commission under clause (i). (D) Review of Grassroots Democracy People’s Fund Program After each regularly scheduled general election for Federal office, the Advisory Commission shall conduct a comprehensive review of the program for making supplemental Grassroots Democracy People’s Fund payments under subtitle D, and shall include in the review the following: (i) A review of the outside speech threshold established under section 531(b), including the amounts used to determine the House threshold under paragraph (3) of such section and the Senate threshold under paragraph (4) of such section. (ii) The effectiveness of the adjustment factors applied by the Commission under section 531(b) to take into account the relative media-related costs of political activity in Congressional districts and States. (iii) The overall satisfaction of participating candidates and the American public with the Program. (iv) Such other matters relating to the making of payments under such subtitle as the Advisory Commission determines are appropriate. (E) Report Not later than each June 1 which follows a regularly scheduled general election for Federal office for which payments were made under this title, the Advisory Commission shall submit a report to Congress on the review conducted under this paragraph. Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Advisory Commission based on such review. (d) Meetings and hearings (1) Meetings The Advisory Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Advisory Commission considers advisable to carry out the purposes of this Act. (2) Quorum Three members of the Advisory Commission shall constitute a quorum for purposes of voting, but a quorum is not required for members to meet and hold hearings. (e) Reports Not later than each June 1 which follows a regularly scheduled general election for Federal office for which payments were made under this title, the Advisory Commission shall submit to the Committee on House Administration of the House of Representatives a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. (f) Administration (1) Compensation of members (A) In general Each member, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (B) Chairperson The Chairperson shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Personnel (A) Director The Advisory Commission shall have a staff headed by an Executive Director. The Executive Director shall be paid at a rate equivalent to a rate established for the Senior Executive Service under section 5382 of title 5, United States Code. (B) Staff appointment With the approval of the Chairperson, the Executive Director may appoint such personnel as the Executive Director and the Advisory Commission determines to be appropriate. (C) Experts and consultants With the approval of the Chairperson, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (D) Detail of government employees Upon the request of the Chairperson, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Advisory Commission to assist in carrying out the duties of the Advisory Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (E) Other resources The Advisory Commission shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress and other agencies of the executive and legislative branches of the Federal Government. The Chairperson of the Advisory Commission shall make requests for such access in writing when necessary. (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle. 543. Administration by Commission The Commission shall prescribe regulations to carry out the purposes of this title, including regulations— (1) to establish procedures for— (A) verifying the amount of qualified grassroots contributions with respect to a candidate, (B) effectively and efficiently monitoring and enforcing the limits on the raising of qualified grassroots contributions, (C) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates, and (D) monitoring the use of allocations from the Grassroots Democracy Fund established under section 541 and matching contributions under this title through audits of not fewer than 1/10 (or, in the case of the first 3 election cycles during which the program under this title is in effect, not fewer than 1/3 ) of all participating candidates or other mechanisms; and (2) regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. 544. Violations and penalties (a) Civil penalty for violation of contribution and expenditure requirements If a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Grassroots Democracy Fund established under section 541. (b) Repayment for improper use of Grassroots Democracy Fund (1) In general If the Commission determines that any payment made to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— (A) the amount of payments so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. 545. Election cycle defined In this title, the term election cycle means, with respect to an election for an office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). . 202. Prohibiting use of contributions by participating candidates for purposes other than campaign for election Section 313 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 439a ) is amended by adding at the end the following new subsection: (d) Restrictions on Permitted Uses of Funds by Candidates Receiving Grassroots Democracy Financing Notwithstanding paragraphs (2), (3), or (4) of subsection (a), if a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under title V with respect to the election, any contribution which the candidate is permitted to accept under such title may be used only for authorized expenditures in connection with the candidate’s campaign for such office. . III Other administrative reforms 301. Expanding requirement to disclose bundlers who are registered lobbyists to all bundlers (a) Expanding bundler disclosure requirements to all bundlers Section 304(i)(1) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 434(i)(1) ) is amended by striking reasonably known by the committee to be a person described in paragraph (7) . (b) Conforming amendments Section 304(i) of such Act ( 2 U.S.C. 434(i) ) is amended— (1) in paragraph (2)(C), by striking described in paragraph (7) ; (2) in paragraph (3)(A), by striking a person described in paragraph (7) and inserting any person ; (3) in paragraph (5)— (A) by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), (B) in subparagraph (B) (as so redesignated), by striking described in paragraph (7) , and (C) in subparagraph (C) (as so redesignated), by striking by persons described in paragraph (7) ; (4) by striking paragraph (7) and redesignating paragraph (8) as paragraph (7); and (5) in paragraph (7)(A) (as so redesignated), by striking a person described in paragraph (7), and inserting a person, . 302. Expansion of period for treatment of communications as electioneering communications (a) Expansion of period covering general election Section 304(f)(3)(A)(I)(II)(aa) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A)(I)(II)(aa)) is amended by striking 60 days and inserting 120 days . (b) Effective date; transition for communications made prior to enactment The amendment made by subsection (a) shall apply with respect to communications made on or after the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments, except that no communication which is made prior to the date of the enactment of this Act shall be treated as an electioneering communication under section 304(f)(3)(A)(I)(II) of the Federal Election Campaign Act of 1971 (as amended by subsection (a)) unless the communication would be treated as an electioneering communication under such section if the amendment made by subsection (a) did not apply. 303. User fees for committees and bundlers (a) Political committees Section 303 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 433 ) is amended by adding at the end the following new subsection: (e) User fee (1) Payment At the time a political committee files the statement of organization required under subsection (a), and annually thereafter until the termination of the committee, the committee shall pay a user fee to the Commission in an amount equal to $100. (2) Exception for candidate committees Paragraph (1) does not apply in the case of a political committee which is an authorized committee of a candidate. (3) Use of funds The amounts received by the Commission under this subsection shall be used to support the administration of the Grassroots Democracy Advisory Commission under section 542. . (b) Bundlers Title III of such Act ( 2 U.S.C. 431 et seq. ) is amended by inserting after section 303 the following new section: 303A. user fees for bundlers of contributions (a) User fee required A person may not provide a bundled contribution to a political committee during a year unless the person has paid a user fee to the Commission during the year in an amount equal to $100. (b) Use of funds The amounts received by the Commission under this subsection shall be used to support the administration of the Grassroots Democracy Advisory Commission under section 542. (c) Bundled contribution defined In this section, the term bundled contribution has the meaning given such term in section 304(i)(7). . 304. Petition for certiorari Section 307(a)(6) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 437d(a)(6) ) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal . 305. Filing by all candidates with Commission Section 302(g) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432(g) ) is amended to read as follows: (g) Filing with the commission All designations, statements, and reports required to be filed under this Act shall be filed with the Commission. . 306. Electronic filing of FEC reports Section 304(a)(11) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 434(a)(11) ) is amended— (1) in subparagraph (A), by striking under this Act— and all that follows and inserting under this Act shall be required to maintain and file such designation, statement, or report in electronic form accessible by computers. ; (2) in subparagraph (B), by striking 48 hours and all that follows through filed electronically) and inserting 24 hours ; and (3) by striking subparagraph (D). 307. Effective date Except as provided in section 302(b), the amendments made by this title shall apply with respect to reports filed on or after the date of the enactment of this Act. IV Offsets 401. Reform of tax rules related to political organizations (a) Decoupling of rate of tax on political organizations from corporate tax rate Subsection (b) of section 527 of the Internal Revenue Code of 1986 is amended— (1) by striking all that precedes A tax is hereby imposed and inserting the following: (b) Tax imposed , (2) by striking paragraph (2), and (3) by striking the highest rate of tax specified in section 11(b) and inserting 35 percent . (b) Repeal of exemptions for proceeds from merchandise and entertainment events Paragraph (3) of section 527(c) of such Code is amended— (1) by adding or at the end of subparagraph (A), (2) by striking the comma at the end of subparagraph (B) and inserting a period, and (3) by striking subparagraphs (C) and (D). (c) Modification of limitation on tax paid by charitable organizations engaged in exempt functions Paragraph (1) of section 527(f) of such Code is amended by striking equal to the lesser of— and all that follows and inserting equal to the aggregate amount so expended during the taxable year for such an exempt function. If such aggregate amount does not exceed $500,000, the amount included in gross income under the preceding sentence shall not exceed the net investment income of such organization for the taxable year. . (d) Repeal of graduated rates for principal campaign committees Section 527 of such Code is amended by striking subsection (h). (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 402. Voluntary contributions to the Grassroots Democracy Fund (a) In general Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IX Contributions to Grassroots Democracy Fund Sec. 6098. Contributions to Grassroots Democracy Fund. 6098. Contributions to Grassroots Democracy Fund (a) In general Every individual, with respect to the taxpayer’s return for the taxable year of the tax imposed by chapter 1, may designate that a specified portion (not less than $1) of any overpayment of tax shall be contributed to the Grassroots Democracy Fund established under section 541 of the Federal Election Campaign Act of 1971. (b) Manner and Time of Designation (1) Time of designation A designation under subsection (a) may be made with respect to any taxable year— (A) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (B) at any other time (after such time of filing) specified in regulations prescribed by the Secretary. (2) Manner of designation Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer’s signature. (c) Overpayments treated as refunded For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as— (1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and (2) a contribution made by such taxpayer on such date to the United States. (d) On-Line contributions The Secretary shall establish and maintain a Web site through which persons may make contributions to the Grassroots Democracy Fund. Any such contribution shall not be treated as an overpayment of tax but shall be treated as a contribution made by such person to the United States. . (b) Clerical amendment The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part IX. Contributions to Grassroots Democracy Fund. . (c) Effective Date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. V Expanding Candidate Access to Advertising 501. Broadcasts by or on behalf of candidates (a) Use of broadcasting station at lowest unit charge Section 315(b) of the Communications Act of 1934 ( 47 U.S.C. 315(b) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by inserting , or by a national committee of a political party in connection with such a campaign of such a candidate who is affiliated with the party, after to such office ; (B) in subparagraph (A), by inserting for preemptible use thereof after station ; and (C) by moving subparagraphs (A) and (B) 2 ems to the right; and (2) in paragraph (2)— (A) in subparagraph (A)— (i) by striking In general.— and inserting Certification.— ; (ii) by striking the broadcast station and inserting such station ; (iii) by striking In the case of and inserting the following: (i) By candidates In the case of ; and (iv) by adding at the end the following: (ii) By party national committees In the case of the use of any broadcasting station by a national committee of a political party in connection with the campaign of a candidate for Federal office who is affiliated with the party, such committee shall not be entitled to receive the rate under paragraph (1)(A) for such use unless such committee provides written certification to such station that such committee shall not make any direct reference to another candidate for the same office, in any broadcast using the rights and conditions of access under this Act, unless such reference meets the requirements of subparagraph (C) or (D). ; (B) in subparagraph (B)— (i) by striking subparagraph (A) and inserting subparagraph (A)(i) ; (ii) by striking If a candidate and inserting the following: (i) For candidates If a candidate ; and (iii) by adding at the end the following: (ii) For party national committees If the national committee of a political party makes a reference described in subparagraph (A)(ii) in any broadcast that does not meet the requirements of subparagraph (C) or (D), such national committee shall not be entitled to receive the rate under paragraph (1)(A) for such broadcast or any other broadcast in connection with the campaign of the candidate during any portion of the 45-day and 60-day periods described in paragraph (1)(A), that occur on or after the date of such broadcast. ; (C) in subparagraph (C)— (i) by striking A candidate and inserting A television broadcast ; (ii) by striking , in the case of a television broadcast, ; and (iii) in clause (ii), by inserting or the national committee of a political party after authorized committee ; (D) in subparagraph (D)— (i) by striking A candidate and inserting A radio broadcast ; and (ii) by striking , in the case of a radio broadcast, ; and (E) in subparagraph (E), by inserting or national committee after candidate) . (b) Preemption; audits Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended— (1) by redesignating subsection (c) as subsection (g); (2) by redesignating subsection (d) as subsection (f); and (3) by inserting after subsection (b) the following: (c) Preemption (1) In general Except as provided in paragraph (2) and notwithstanding the requirements of subsection (b)(1)(A), a licensee may not preempt the use of a broadcasting station by a legally qualified candidate or national committee of a political party that has purchased and paid for such use under circumstances entitling such candidate or committee to receive the rate under such subsection for such use. (2) Circumstances beyond control of licensee If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the licensee, an advertisement that is scheduled to be broadcast during such program and the broadcast of which constitutes use of the broadcasting station described in paragraph (1) shall be treated in the same fashion as a comparable commercial advertisement. (d) Audits During the 45-day period preceding the date of a primary or primary runoff election and during the 60-day period preceding the date of a general election or special election, the Commission shall conduct such audits as it considers necessary to ensure that the licensee of each broadcasting station is allocating use of the station in accordance with this section and in a manner that does not warrant revocation of the station license under section 312(a)(7). . (c) Revocation of license for failure To permit access by Federal candidates Section 312 of the Communications Act of 1934 (47 U.S.C. 312) is amended— (1) in subsection (a)(7)— (A) by inserting in accordance with subsection (h), before for willful ; (B) by striking or repeated ; (C) by inserting or a cable system after non-commercial educational broadcast station, ; and (D) by striking his candidacy and inserting the candidacy of the candidate, or by a national committee of a political party in connection with the campaign of a legally qualified candidate for Federal elective office who is affiliated with the party, under the same terms, conditions, and business practices as apply to the most-favored advertiser of the broadcasting station or cable system ; and (2) by adding at the end the following: (h) Conditions for revocation for failure To allow access by Federal candidates (1) Three-strikes rule The Commission may revoke a station license or construction permit under subsection (a)(7) only if the Commission finds that the licensee or permittee has engaged in at least 3 failures described in such subsection with respect to the broadcasting station or cable system to which the license or permit relates. (2) Duration In the case of a person whose station license or construction permit with respect to a broadcasting station or cable system has been revoked under subsection (a)(7)— (A) the Commission may not grant a station license or construction permit to such person with respect to such broadcasting station or cable system during the 5-year period following the revocation; and (B) if the Commission grants such a station license or construction permit to such person after such 5-year period, the number of failures described in subsection (a)(7) shall be calculated for purposes of paragraph (1) without regard to any such failures that occurred while a previous license or permit was in effect. . (d) Conforming amendments Section 315 of the Communications Act of 1934, as amended by subsection (b), is further amended— (1) in subsection (a), by striking If any licensee and inserting Equal opportunities for candidates for same office.— If any licensee ; (2) in subsection (f), as redesignated, by striking The Commission and inserting Regulations.— The Commission ; and (3) in subsection (g), as redesignated, by striking For purposes and inserting Definitions.— For purposes .

https://www.govinfo.gov/content/pkg/BILLS-113hr268ih/xml/BILLS-113hr268ih.xml

113-hr-269

I 113th CONGRESS 1st Session H. R. 269 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Yarmuth (for himself, Ms. Pingree of Maine , Mr. Nolan , Mr. Larson of Connecticut , Mr. Blumenauer , Mr. Capuano , Ms. Chu , Mr. Cicilline , Mr. Cohen , Mr. Cooper , Mrs. Davis of California , Mr. Deutch , Mr. Ellison , Ms. Eshoo , Mr. Gene Green of Texas , Mr. Grijalva , Mr. Himes , Mr. Holt , Ms. Eddie Bernice Johnson of Texas , Mr. Langevin , Mr. Jones , Ms. Lee of California , Mr. Maffei , Ms. McCollum , Mr. McGovern , Mr. Michaud , Mr. George Miller of California , Mr. Moran , Ms. Norton , Mr. Peters of Michigan , Mr. Polis , Mr. Price of North Carolina , Mr. Rangel , Mr. Sarbanes , Ms. Schakowsky , Mr. Sires , Mr. Smith of Washington , Mr. Tonko , Ms. Tsongas , Mr. Van Hollen , Mr. Welch , Ms. Slaughter , Mr. Sherman , Ms. DeLauro , Mrs. Napolitano , Mr. Owens , Mr. McDermott , Ms. Matsui , Ms. Hahn , Mr. Waxman , Mr. O'Rourke , Ms. Wilson of Florida , and Mr. Kind ) introduced the following bill; which was referred to the Committee on House Administration A BILL To reform the financing of House elections, and for other purposes. 1. Short title; table of contents (a) Short Title This Act may be cited as the Fair Elections Now Act . (b) Table of Contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and declarations. Title I—Fair elections financing of House election campaigns Sec. 101. Benefits and eligibility requirements for House candidates. Title V—Fair elections financing of House election campaigns Subtitle A—Benefits Sec. 501. Benefits for participating candidates. Sec. 502. Allocations from the Fund. Sec. 503. Matching payments for certain small dollar contributions. Subtitle B—Eligibility and certification Sec. 511. Eligibility. Sec. 512. Qualifying requirements. Sec. 513. Certification. Subtitle C—Requirements for Candidates Certified as Participating Candidates Sec. 521. Contribution, expenditure, and fundraising requirements. Sec. 522. Debate requirement. Sec. 523. Remitting unspent funds after election. Subtitle D—Administrative provisions Sec. 531. Fair Elections Fund. Sec. 532. Fair Elections Oversight Board. Sec. 533. Administration by Commission. Sec. 534. Violations and penalties. Sec. 535. Election cycle defined. Sec. 102. Transfer of portion of civil money penalties into Fair Elections Fund. Sec. 103. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Sec. 104. Prohibition on joint fundraising committees. Sec. 105. Treatment of coordinated expenditures by political party committees on behalf of participating candidates. Title II—Responsibilities of the Federal Election Commission Sec. 201. Petition for certiorari. Sec. 202. Filing by all candidates with Commission. Sec. 203. Electronic filing of FEC reports. Title III—Miscellaneous provisions Sec. 301. Severability. Sec. 302. Effective date. 2. Findings and declarations (a) Undermining of democracy by campaign contributions from private sources The House of Representatives finds and declares that the current system of privately financed campaigns for election to the House of Representatives has the capacity, and is often perceived by the public, to undermine democracy in the United States by— (1) creating a culture that fosters actual or perceived conflicts of interest, by encouraging Members of the House to accept large campaign contributions from private interests that are directly affected by Federal legislation; (2) diminishing or appearing to diminish Members’ accountability to constituents by compelling legislators to be accountable to the major contributors who finance their election campaigns; (3) undermining the meaning of the right to vote by allowing monied interests to have a disproportionate and unfair influence within the political process; (4) imposing large, unwarranted costs on taxpayers through legislative and regulatory distortions caused by unequal access to lawmakers for campaign contributors; (5) making it difficult for some qualified candidates to mount competitive House election campaigns; (6) disadvantaging challengers and discouraging competitive elections, because large campaign contributors tend to donate their money to incumbent Members, thus causing House elections to be less competitive; and (7) burdening incumbents with a preoccupation with fundraising and thus decreasing the time available to carry out their public responsibilities. (b) Enhancement of democracy by providing allocations from the Fair Elections Fund The House of Representatives finds and declares that providing the option of the replacement of large private campaign contributions with allocations from the Fair Elections Fund for all primary, runoff, and general elections to the House of Representatives would enhance American democracy by— (1) reducing the actual or perceived conflicts of interest created by fully private financing of the election campaigns of public officials and restoring public confidence in the integrity and fairness of the electoral and legislative processes through a program which allows participating candidates to adhere to substantially lower contribution limits for contributors with an assurance that there will be sufficient funds for such candidates to run viable electoral campaigns; (2) increasing the public's confidence in the accountability of Members to the constituents who elect them, which derives from the program's qualifying criteria to participate in the voluntary program and the conclusions that constituents may draw regarding candidates who qualify and participate in the program; (3) helping to reduce the ability to make large campaign contributions as a determinant of a citizen's influence within the political process by facilitating the expression of support by voters at every level of wealth, encouraging political participation, incentivizing participation on the part of Members through the matching of small dollar contributions; (4) potentially saving taxpayers billions of dollars that may be (or that are perceived to be) currently allocated based upon legislative and regulatory agendas skewed by the influence of campaign contributions; (5) creating genuine opportunities for all Americans to run for the House of Representatives and encouraging more competitive elections; (6) encouraging participation in the electoral process by citizens of every level of wealth; and (7) freeing Members from the incessant preoccupation with raising money, and allowing them more time to carry out their public responsibilities. I Fair elections financing of House election campaigns 101. Benefits and Eligibility Requirements for House Candidates The Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ) is amended by adding at the end the following: V Fair elections financing of House election campaigns A Benefits 501. Benefits for participating candidates (a) In general If a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress is a participating candidate under this title with respect to an election for such office, the candidate shall be entitled to payments under this title, to be used only for authorized expenditures in connection with the election. (b) Types of Payments The payments to which a participating candidate is entitled under this section consist of— (1) allocations from the Fair Elections Fund, as provided in section 502; and (2) payments from the Fair Elections Fund to match certain small dollar contributions, as provided in section 503. 502. Allocations from the Fund (a) Amount of Allocations (1) Primary election allocation; initial allocation Except as provided in paragraph (6), the Commission shall make an allocation from the Fair Elections Fund established under section 531 to a candidate who is certified as a participating candidate with respect to a primary election in an amount equal to 40 percent of the base amount. (2) Primary runoff election allocation The Commission shall make an allocation from the Fund to a candidate who is certified as a participating candidate with respect to a primary runoff election in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the primary election. (3) General election allocation Except as provided in paragraph (6), the Commission shall make an allocation from the Fund to a candidate who is certified as a participating candidate with respect to a general election in an amount equal to 60 percent of the base amount. (4) General runoff election allocation The Commission shall make an allocation from the Fund to a candidate who is certified as a participating candidate with respect to a general runoff election in an amount equal to 25 percent of the base amount. (5) Recount allocation If the appropriate State or local election official conducts a recount of an election, the Commission shall make an allocation from the Fund to a participating candidate for expenses relating to the recount in an amount equal to 25 percent of the amount the participating candidate was eligible to receive under this section for the election involved. (6) Uncontested elections (A) In general In the case of a primary or general election that is an uncontested election, the Commission shall make an allocation from the Fund to a participating candidate for such election in an amount equal to 25 percent of the allocation for that election with respect to such candidate. (B) Uncontested election defined For purposes of this subparagraph, an election is uncontested if not more than 1 candidate has campaign funds (including payments from the Fund) in an amount equal to or greater than 10 percent of the allocation a candidate would be entitled to receive under this section for that election (determined without regard to this paragraph). (b) Base amount The base amount is an amount equal to 80 percent of the national average disbursements of the cycle by winning candidates for the office of Representative in, or Delegate or Resident Commissioner to, the Congress in the last 2 election cycles. (c) Timing; method of payment (1) Timing The Commission shall make the allocations required under subsection (a) to a participating candidate— (A) in the case of amounts provided under subsection (a)(1), not later than 48 hours after the date on which such candidate is certified as a participating candidate under section 513; (B) in the case of a general election, not later than 48 hours after— (i) the date of the certification of the results of the primary election or the primary runoff election; or (ii) in any case in which there is no primary election, the date the candidate qualifies to be placed on the ballot; (C) in the case of a primary runoff election or a general runoff election, not later than 48 hours after the certification of the results of the primary election or the general election, as the case may be; and (D) in the case of a recount allocation, not later than 48 hours after the appropriate State or local election official orders the holding of the recount. (2) Method of payment The Commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card. 503. Matching payments for certain small dollar contributions (a) In general The Commission shall pay to each participating candidate an amount equal to 500 percent of the amount of qualified small dollar contributions received by the candidate from individuals who are residents of the State in which such participating candidate is seeking election. (b) Limitation The maximum payment under this section shall be the greater of— (1) 300 percent of the allocation under paragraphs (1) through (4) of section 502(a) for that election with respect to such candidate; or (2) the percentage of the allocation determined by the Commission under section 532(c)(2). (c) Time of payment The Commission shall make payments under this section not later than 2 business days after the receipt of a report made under subsection (d). (d) Reports (1) In general Each participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the Commission may by regulations prescribe. (2) Contents of reports Each report under this subsection shall disclose— (A) the amount of each qualified small dollar contribution received by the candidate; (B) the amount of each qualified small dollar contribution received by the candidate from a resident of the State in which the candidate is seeking election; and (C) the name, address, and occupation of each individual who made a qualified small dollar contribution to the candidate. (3) Frequency of reports Reports under this subsection shall be made no more frequently than— (A) once every month until the date that is 90 days before the date of the election; (B) once every week after the period described in subparagraph (A) and until the date that is 21 days before the election; and (C) once every day after the period described in subparagraph (B). (4) Limitation on regulations The Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election. (e) Appeals The Commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide for the opportunity for review and reconsideration within 5 business days of such denial. (f) Qualified Small Dollar Contribution Defined The term qualified small dollar contribution means, with respect to a participating candidate, any contribution (or a series of contributions)— (1) which is not a qualifying contribution (or does not include a qualifying contribution); (2) which is made by an individual who is not prohibited from making a contribution under this Act; and (3) the aggregate amount of which does not exceed the greater of— (A) $100 per election; or (B) the amount determined by the Fair Elections Oversight Board under section 532(c)(2). B Eligibility and certification 511. Eligibility (a) In general A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements: (1) During the election cycle for the office involved, the candidate files with the Commission a statement of intent to seek certification as a participating candidate. (2) The candidate meets the qualifying requirements of section 512. (3) Not later than the last day of the Fair Elections qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 521; (B) if certified, will comply with the debate requirements of section 522; (C) if certified, will run only as a participating candidate for all elections for the office that such candidate is seeking during the election cycle; and (D) has either qualified or will take steps to qualify under State law to be on the ballot. (b) General election Notwithstanding subsection (a), a candidate shall not be eligible to receive an allocation from the Fund for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law. (c) Fair Elections qualifying period Defined The term Fair Elections qualifying period means, with respect to any candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the 120-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 60 days before— (1) the date of the primary election; or (2) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. 512. Qualifying requirements (a) Receipt of qualifying contributions A candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Fair Elections qualifying period described in section 511(c), the candidate obtains— (1) a single qualifying contribution from a number of individuals equal to or greater than the lesser of— (A) .25% of the voting age population of the State involved (as reported in the most recent decennial census), or (B) 1,500; and (2) a total dollar amount of qualifying contributions equal to or greater than $50,000. (b) Requirements relating to receipt of qualifying contribution Each qualifying contribution— (1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account; (2) shall be accompanied by a signed statement containing— (A) the contributor’s name and the contributor's address in the State in which the primary residence of the contributor is located; and (B) an oath declaring that the contributor— (i) understands that the purpose of the qualifying contribution is to show support for the candidate so that the candidate may qualify for Fair Elections financing; (ii) is making the contribution in his or her own name and from his or her own funds; (iii) has made the contribution willingly; and (iv) has not received any thing of value in return for the contribution; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. (c) Verification of qualifying contributions The Commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section. (d) Prohibiting payment on commission basis of individuals collecting qualifying contributions No person may be paid a commission on a per qualifying contribution basis for collecting qualifying contributions. (e) Qualifying contribution Defined In this section, the term qualifying contribution means, with respect to a candidate, a contribution that— (1) is in an amount that is— (A) not less than the greater of $5 or the amount determined by the Commission under section 532(c)(2), and (B) not more than the greater of $100 or the amount determined by the Commission under section 532(c)(2); (2) is made by an individual— (A) who has a primary residence in the State in which such Candidate is seeking election, and (B) who is not otherwise prohibited from making a contribution under this Act; (3) is made during the Fair Elections qualifying period described in section 511(c); and (4) meets the requirements of subsection (b). 513. Certification (a) Deadline and Notification (1) In general Not later than 5 days after a candidate files an affidavit under section 511(a)(3), the Commission shall— (A) determine whether or not the candidate meets the requirements for certification as a participating candidate; (B) if the Commission determines that the candidate meets such requirements, certify the candidate as a participating candidate; and (C) notify the candidate of the Commission's determination. (2) Deemed certification for all elections in election cycle If the Commission certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Commissioner shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle. (b) Revocation of certification (1) In general The Commission may revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification (other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle); or (B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Repayment of benefits If certification is revoked under paragraph (1), the candidate shall repay to the Fair Elections Fund established under section 531 an amount equal to the value of benefits received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission) on any such amount received. (c) Participating Candidate defined In this title, a participating candidate means a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title. C Requirements for Candidates Certified as Participating Candidates 521. Contribution, expenditure, and fundraising requirements (a) Contributions (1) Permitted sources of contributions Except as provided in subsection (c), a candidate who is certified as a participating candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved, accept no contributions from any source (including an unexpended contribution received by the candidate with respect to a previous election or a contribution made by any political committee or multicandidate committee) other than— (A) qualifying contributions described in section 512; (B) qualified small dollar contributions described in section 503; (C) allocations under section 502; and (D) payments under section 503. (2) Contributions for leadership and related PACs A political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in paragraph (1) from any person if— (A) the aggregate amount of the contributions from such person for any election during the election cycle does not exceed $100; and (B) no portion of such contributions is disbursed in connection with the campaign of the participating candidate. (b) Expenditures (1) Permitted Sources for Expenditures Except as provided in subsection (c), a candidate who is certified as a participating candidate with respect to an election shall, with respect to all elections occurring during the election cycle for the office involved— (A) make no expenditures from any amounts other than— (i) qualifying contributions described in section 512; (ii) qualified small dollar contributions described in section 503; (iii) allocations under section 502; and (iv) payments under section 503; and (B) make no expenditures from personal funds or the funds of any immediate family member of the candidate (other than funds received through qualified small dollar contributions and qualifying contributions). (2) Immediate family member defined In paragraph (1)(B), the term immediate family means, with respect to a candidate— (A) the candidate’s spouse; (B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and (C) the spouse of any person described in subparagraph (B). (c) Exceptions (1) Exception for contributions received prior to filing of statement of intent A candidate who has accepted contributions that are not qualified small dollar contributions, qualifying contributions, or contributions described in paragraph (a)(2) prior to the date the candidate files a statement of intent under section 511(a)(1) is not in violation of subsection (a), but only if all such contributions are— (A) returned to the contributor; (B) submitted to the Commission for deposit in the Fair Elections Fund established under section 531; or (C) spent in accordance with paragraph (2). (2) Exception for expenditures made prior to filing of statement of intent If a candidate has made expenditures prior to the date the candidate files a statement of intent under section 511(a)(1) that the candidate is prohibited from making under subsection (b), the candidate is not in violation of such subsection if the aggregate amount of the prohibited expenditures is less than 20 percent of the amount of an initial allocation to a candidate under section 502(a)(1). (3) Exception for campaign surpluses from a previous election Notwithstanding paragraph (1), unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous election may be retained, but only if the candidate places the funds in escrow and refrains from raising additional funds for or spending funds from that account during the election cycle in which a candidate is a participating candidate. (4) Exception for contributions received before the effective date of this title Contributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection (a) or (b). Unexpended contributions shall be treated the same as campaign surpluses under paragraph (3), and expenditures made shall count against the limit in paragraph (2). (d) Special Rule for Coordinated Party Expenditures For purposes of this section, a payment made by a political party in coordination with a participating candidate shall not be treated as a contribution to or as an expenditure made by the participating candidate. 522. Debate requirement A candidate who is certified as a participating candidate with respect to an election shall, during the election cycle for the office involved, participate in at least— (1) 1 public debate before the primary election with other participating candidates and other willing candidates from the same party and seeking the same nomination as such candidate; and (2) 2 public debates before the general election with other participating candidates and other willing candidates seeking the same office as such candidate. 523. Remitting unspent funds after election (a) In general Not later than the date that is 60 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission for deposit in the Fair Elections Fund established under section 531 an amount equal to the lesser of— (1) the amount of money in the candidate’s campaign account; or (2) the sum of the allocations received by the candidate under section 502 and the payments received by the candidate under section 503. (b) Exception for expenditures incurred but not paid as of date of remittance (1) In general Subject to subsection (a), a candidate may withhold from the amount required to be remitted under paragraph (1) of such subsection the amount of any authorized expenditures which were incurred in connection with the candidate’s campaign but which remain unpaid as of the deadline applicable to the candidate under such subsection, except that any amount withheld pursuant to this paragraph shall be remitted to the Commission not later than 120 days after the date of the election to which such subsection applies. (2) Documentation required A candidate may withhold an amount of an expenditure pursuant to paragraph (1) only if the candidate submits documentation of the expenditure and the amount to the Commission not later than the deadline applicable to the candidate under subsection (a). D Administrative provisions 531. Fair Elections Fund (a) Establishment There is established in the Treasury a fund to be known as the Fair Elections Fund . (b) Amounts held by Fund The Fund shall consist of the following amounts: (1) Appropriated amounts Amounts appropriated to the Fund, including trust fund amounts appropriated pursuant to applicable provisions of the Internal Revenue Code of 1986. (2) Voluntary contributions Voluntary contributions to the Fund. (3) Transfers resulting from payment of civil penalties Amounts transferred into the Fund pursuant to section 309(a)(13). (4) Other deposits Amounts deposited into the Fund under— (A) section 521(a)(3) (relating to exceptions to contribution requirements); (B) section 523 (relating to remittance of allocations from the Fund); (C) section 534 (relating to violations); and (D) any other section of this Act. (5) Investment returns Interest on, and the proceeds from, the sale or redemption of, any obligations held by the Fund under subsection (c). (c) Investment The Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) of the Internal Revenue Code of 1986. (d) Use of Fund (1) In general The sums in the Fund shall be used to provide benefits to participating candidates as provided in subtitle A. (2) Insufficient amounts Under regulations established by the Commission, rules similar to the rules of section 9006(c) of the Internal Revenue Code of 1986 shall apply. 532. Fair Elections Oversight Board (a) Establishment There is established within the Federal Election Commission an entity to be known as the Fair Elections Oversight Board . (b) Structure and membership (1) In general The Board shall be composed of 5 members appointed by the President, of whom— (A) 2 shall be appointed after consultation with the Majority Leader of the House of Representatives; (B) 2 shall be appointed after consultation with the Minority Leader of the House of Representatives; and (C) 1 shall be appointed upon the recommendation of the members appointed under subparagraphs (A) and (B). (2) Qualifications (A) In general The members shall be individuals who are nonpartisan and, by reason of their education, experience, and attainments, exceptionally qualified to perform the duties of members of the Board. (B) Prohibition No member of the Board may be— (i) an employee of the Federal Government; (ii) a registered lobbyist or an individual who was a registered lobbyist at any time during the 2-year period preceding appointment to the Board; or (iii) an officer or employee of a political party or political campaign. (3) Date Members of the Board shall be appointed not later than 60 days after the date of the enactment of this Act. (4) Terms A member of the Board shall be appointed for a term of 5 years. (5) Vacancies A vacancy on the Board shall be filled not later than 30 calendar days after the date on which the Board is given notice of the vacancy, in the same manner as the original appointment. The individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed. (6) Chairperson The Board shall designate a Chairperson from among the members of the Board. (c) Duties and powers (1) Administration The Board shall have such duties and powers as the Commission may prescribe, including the power to administer the provisions of this title. (2) Review of fair elections financing (A) In general After each regularly scheduled general election for Federal office, the Board shall conduct a comprehensive review of the Fair Elections financing program under this title, including— (i) the maximum dollar amount of qualified small dollar contributions under section 503(f); (ii) the maximum and minimum dollar amounts for qualifying contributions under section 512(d); (iii) the number and value of qualifying contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate; (iv) the amount of allocations that candidates may receive under section 502; (v) the maximum amount of payments a candidate may receive under section 503; (vi) the overall satisfaction of participating candidates and the American public with the program; and (vii) such other matters relating to financing of House of Representatives campaigns as the Board determines are appropriate. (B) Criteria for review In conducting the review under subparagraph (A), the Board shall consider the following: (i) Qualifying contributions and qualified small dollar contributions The Board shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Board determines is appropriate. (ii) Review of program benefits The Board shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualifying contributions and small dollar contributions), allocations under section 502, and payments under section 503 are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Board determines is appropriate. (C) Adjustment of amounts (i) In general Based on the review conducted under subparagraph (A), the Board shall provide for the adjustments of the following amounts: (I) the maximum dollar amount of qualified small dollar contributions under section 503(f); (II) the maximum and minimum dollar amounts for qualifying contributions under section 512(d); (III) the number and value of qualifying contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate; (IV) the base amount for candidates under section 502(b); and (V) the maximum amount of matching contributions a candidate may receive under section 503(b). (ii) Regulations The Commission shall promulgate regulations providing for the adjustments made by the Board under clause (i). (D) Report Not later than March 30 following any general election for Federal office, the Board shall submit a report to Congress on the review conducted under paragraph (1). Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Board based on such review. (d) Meetings and hearings (1) Meetings The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out the purposes of this Act. (2) Quorum Three members of the Board shall constitute a quorum for purposes of voting, but a quorum is not required for members to meet and hold hearings. (e) Reports Not later than March 30, 2014, and every 2 years thereafter, the Board shall submit to the Committee on House Administration of the House of Representatives a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. (f) Administration (1) Compensation of members (A) In general Each member, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (B) Chairperson The Chairperson shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code. (2) Personnel (A) Director The Board shall have a staff headed by an Executive Director. The Executive Director shall be paid at a rate equivalent to a rate established for the Senior Executive Service under section 5382 of title 5, United States Code. (B) Staff appointment With the approval of the Chairperson, the Executive Director may appoint such personnel as the Executive Director and the Board determines to be appropriate. (C) Experts and consultants With the approval of the Chairperson, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (D) Detail of government employees Upon the request of the Chairperson, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Board to assist in carrying out the duties of the Board. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (E) Other resources The Board shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress and other agencies of the executive and legislative branches of the Federal Government. The Chairperson of the Board shall make requests for such access in writing when necessary. (g) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle. 533. Administration by Commission The Commission shall prescribe regulations to carry out the purposes of this title, including regulations— (1) to establish procedures for— (A) verifying the amount of valid qualifying contributions with respect to a candidate; (B) effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions; (C) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; and (D) monitoring the use of allocations from the Fair Elections Fund established under section 531 and matching contributions under this title through audits of not fewer than 1/3 of all participating candidates or other mechanisms; and (2) regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. 534. Violations and penalties (a) Civil penalty for violation of contribution and expenditure requirements If a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Fair Elections Fund established under section 531. (b) Repayment for improper use of Fair Elections Fund (1) In general If the Commission determines that any benefit made available to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— (A) the amount of benefits so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. 535. Election cycle defined In this title, the term election cycle means, with respect to an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). . 102. Transfer of Portion of Civil Money Penalties Into Fair Elections Fund Section 309(a) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 437g(a) ) is amended by adding at the end the following new paragraph: (13) Upon receipt in the General Fund of the Treasury of any payment attributable to a civil money penalty imposed under this subsection, there shall be transferred to the Fair Elections Fund established under section 531 an amount equal to 50 percent of the amount of such payment. . 103. Prohibiting Use of Contributions by Participating Candidates for Purposes Other Than Campaign for Election Section 313 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 439a ) is amended by adding at the end the following new subsection: (d) Restrictions on Permitted Uses of Funds by Candidates Receiving Fair Elections Financing Notwithstanding paragraphs (2), (3), or (4) of subsection (a), if a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under title V with respect to the election, any contribution which the candidate is permitted to accept under such title may be used only for authorized expenditures in connection with the candidate’s campaign for such office. . 104. Prohibition on joint fundraising committees Section 302(e) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432(e) ) is amended by adding at the end the following new paragraph: (6) No authorized committee of a candidate may establish a joint fundraising committee with a political committee other than an authorized committee of a candidate. . 105. Treatment of coordinated expenditures by political party committees on behalf of participating candidates (a) Revision of limitations Section 315(d)(3) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441a(d) ) is amended— (1) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; and (2) by inserting before subparagraph (B), as redesignated by paragraph (1), the following new subparagraph: (A) in the case of a candidate for election to the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is certified as a participating candidate under title V, the lesser of— (i) 10 percent of the allocation that the participating candidate is eligible to receive for the general election under section 502(a); or (ii) the amount which would (but for this subparagraph) apply with respect to such candidate under subparagraph (B); . (b) Conforming amendment Section 315(d)(3) of such Act ( 2 U.S.C. 441a(d)(3) ) is amended— (1) in subparagraph (B) (as redesignated by subsection (a)), by inserting who is not certified as a participating candidate under title V after only one Representative ; and (2) in subparagraph (C) (as redesignated by subsection (a)), by inserting who is not certified as a participating candidate under title V after any other State . II Responsibilities of the Federal Election Commission 201. Petition for certiorari Section 307(a)(6) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 437d(a)(6) ) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal . 202. Filing by All candidates with Commission Section 302(g) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432(g) ) is amended to read as follows: (g) Filing with the commission All designations, statements, and reports required to be filed under this Act shall be filed with the Commission. . 203. Electronic filing of FEC reports Section 304(a)(11) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 434(a)(11) ) is amended— (1) in subparagraph (A), by striking under this Act— and all that follows and inserting under this Act shall be required to maintain and file such designation, statement, or report in electronic form accessible by computers. ; (2) in subparagraph (B), by striking 48 hours and all that follows through filed electronically) and inserting 24 hours ; and (3) by striking subparagraph (D). III Miscellaneous provisions 301. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. 302. Effective date Except as otherwise provided for in this Act, this Act and the amendments made by this Act shall take effect on January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr269ih/xml/BILLS-113hr269ih.xml

113-hr-270

I 113th CONGRESS 1st Session H. R. 270 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Price of North Carolina (for himself, Mr. Van Hollen , Mr. Jones , Mr. Larson of Connecticut , Mr. Brady of Pennsylvania , Mr. Sarbanes , Mr. Yarmuth , Ms. Eshoo , Mr. George Miller of California , Mr. Polis , Mr. Holt , Mr. Nolan , and Mr. O'Rourke ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to reform the system of public financing for Presidential elections, to establish a system of public financing for Congressional elections, to promote the disclosure of disbursements made in coordination with campaigns for election for Federal office, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Empowering Citizens Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Reform of Presidential election financing Subtitle A—Primary elections Sec. 101. Increase in and modifications to matching payments. Sec. 102. Eligibility requirements for matching payments. Sec. 103. Inflation adjustment for matching contributions. Sec. 104. Repeal of expenditure limitations. Sec. 105. Period of availability of matching payments. Sec. 106. Examination and audits of matchable contributions. Sec. 107. Modification to limitation on contributions for Presidential primary candidates. Subtitle B—General elections Sec. 111. Modification of eligibility requirements for public financing. Sec. 112. Repeal of expenditure limitations and use of qualified campaign contributions. Sec. 113. Matching payments and other modifications to payment amounts. Sec. 114. Inflation adjustment for payment amounts. Sec. 115. Increase in limit on coordinated party expenditures. Sec. 116. Establishment of uniform date for release of payments. Sec. 117. Amounts in Presidential Election Campaign Fund. Sec. 118. Use of general election payments for general election legal and accounting compliance. Subtitle C—Political conventions Sec. 121. Repeal of public financing of party conventions. Sec. 122. Contributions for political conventions. Sec. 123. Prohibition on use of soft money. Title II—Public financing for congressional election campaigns Sec. 201. Benefits and eligibility requirements for Congressional candidates. Title V—Public financing of congressional election campaigns Subtitle A—Benefits Sec. 501. Benefits for participating candidates. Sec. 502. Administration of payments. Sec. 503. Qualified contribution defined. Subtitle B—Eligibility and certification Sec. 511. Eligibility. Sec. 512. Qualified contribution requirements. Sec. 513. Certification. Subtitle C—Requirements for Candidates Certified as Participating Candidates Sec. 521. Restrictions on certain contributions and expenditures. Sec. 522. Remitting unspent funds after election. Subtitle D—Administrative provisions Sec. 531. Administration by Commission. Sec. 532. Violations and penalties. Sec. 533. Election cycle defined. Sec. 202. Permitting unlimited coordinated expenditures by political party committees on behalf of participating candidates if expenditures are derived from small dollar contributions. Sec. 203. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Title III—Coordinated campaign activity Sec. 301. Clarification of treatment of coordinated expenditures as contributions to candidates. Sec. 302. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders. Title IV—Use of Presidential Election Campaign Fund for public financing of Federal elections Sec. 401. Use of Presidential Election Campaign Fund for Congressional candidates. Sec. 402. Revisions to designation of income tax payments by individual taxpayers. Sec. 403. Donation to Presidential Election Campaign Fund. Title V—Other Campaign Finance Reforms Sec. 501. Regulations with respect to best efforts for identifying persons making contributions. Sec. 502. Prohibition on joint fundraising committees. Sec. 503. Disclosure of bundled contributions to Presidential campaigns. Sec. 504. Judicial review of actions related to campaign finance laws. Title VI—Severability; Effective Date Sec. 601. Severability. Sec. 602. Effective date. I Reform of Presidential election financing A Primary elections 101. Increase in and modifications to matching payments (a) Increase and modification (1) In general The first sentence of section 9034(a) of the Internal Revenue Code of 1986 is amended— (A) by striking an amount equal to the amount of each contribution and inserting an amount equal to 500 percent of the amount of each matchable contribution (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $250) ; and (B) by striking authorized committees and all that follows through $250 and inserting authorized committees . (2) Matchable contributions Section 9034 of such Code is amended— (A) by striking the last sentence of subsection (a); and (B) by inserting after subsection (b) the following new subsection: (c) Matchable contribution defined For purposes of this section and section 9033(b)— (1) Matchable contribution The term matchable contribution means, with respect to the nomination for election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that— (A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of 50% of the limit applicable under paragraph (1)(A) or paragraph (2)(A) of section 315(a) of the Federal Election Campaign Act of 1971 to the amount of a contribution which may be made to a candidate who is not eligible to receive payments under section 9037 with respect to such nomination; (B) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A); and (C) such contribution was not— (i) forwarded from the contributor from any person other than an individual, or (ii) received by the candidate or committee from a contributor or contributors, but credited by the committee or candidate to another person who is not an individual through records, designations, or other means of recognizing that a certain amount of money has been raised by such person. (2) Contribution For purposes of this subsection, the term contribution means a gift of money made by a written instrument which identifies the individual making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything described in subparagraph (B), (C), or (D) of section 9032(4). . (3) Conforming amendments (A) Section 9032(4) of such Code is amended by striking section 9034(a) and inserting section 9034 . (B) Section 9033(b)(3) of such Code is amended by striking matching contributions and inserting matchable contributions . (b) Modification of payment limitation Section 9034(b) of such Code is amended by striking shall not exceed and all that follows and inserting shall not exceed $100,000,000. 102. Eligibility requirements for matching payments (a) Amount of aggregate contributions per State; disregarding of amounts contributed in excess of $250 Section 9033(b)(3) of the Internal Revenue Code of 1986 is amended— (1) by striking $5,000 and inserting $25,000 ; and (2) by striking 20 States and inserting the following: 20 States (disregarding any amount of contributions from any such resident to the extent that the total of the amounts contributed by such resident for the election exceeds $250) . (b) Contribution limit (1) In general Paragraph (4) of section 9033(b) of such Code is amended to read as follows: (4) the candidate and the authorized committees of the candidate will not accept aggregate contributions from any person with respect to the nomination for election to the office of President of the United States in excess of 50% of the limit applicable under paragraph (1)(A) or paragraph (2)(A) of section 315(a) of the Federal Election Campaign Act of 1971 to the amount of a contribution which may be made to a candidate who is not eligible to receive payments under section 9037 with respect to such nomination. . (2) Conforming amendments (A) Section 9033(b) of such Code is amended by adding at the end the following new flush sentence: For purposes of paragraph (4), the term contribution has the meaning given such term in section 301(8) of the Federal Election Campaign Act of 1971. . (B) Section 9032(4) of such Code, as amended by section 101(a)(3)(A) is amended by inserting or 9033(b) after 9034 . (c) Ban on acceptance of bundled contributions Section 9033(b) of such Code, as amended by subsection (b), is amended— (1) by striking and at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting , and ; and (3) by adding at the end the following new paragraph: (5) the candidate and the authorized committee of the candidate will not accept any bundled contribution (as defined in section 304(i)(8)) forwarded by or credited to a person described in section 304(i)(7). . (d) Participation in system for payments for general election Section 9033(b) of such Code, as amended by subsection (c), is amended— (1) by striking and at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting , and ; and (3) by adding at the end the following new paragraph: (6) if the candidate is nominated by a political party for election to the office of President, the candidate will apply for and accept payments with respect to the general election for such office in accordance with chapter 95. . 103. Inflation adjustment for matching contributions Section 9033 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Inflation adjustments (1) In general In the case of any applicable period beginning after 2013, each of the dollar amounts in section 9034(b) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (2) Applicable period For purposes of this subsection, the term applicable period means the 4-year period beginning with the first day following the date of the last general election for the office of President and ending on the date of the next such general election. (3) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. . 104. Repeal of expenditure limitations (a) In general Subsection (a) of section 9035 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Personal expenditure limitation No candidate shall knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for election to the office of President in excess of, in the aggregate, $50,000. . (b) Conforming amendment Paragraph (1) of section 9033(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) the candidate will comply with the personal expenditure limitation under section 9035, . 105. Period of availability of matching payments Section 9032(6) of the Internal Revenue Code of 1986 is amended by striking the beginning of the calendar year in which a general election for the office of President of the United States will be held and inserting the date that is 6 months prior to the date of the earliest State primary election . 106. Examination and audits of matchable contributions Section 9038(a) of the Internal Revenue Code of 1986 is amended by inserting and matchable contributions accepted by after qualified campaign expenses of . 107. Modification to limitation on contributions for Presidential primary candidates Section 315(a)(6) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441a(a)(6) ) is amended by striking calendar year and inserting four-year election cycle . B General elections 111. Modification of eligibility requirements for public financing Subsection (a) of section 9003 of the Internal Revenue Code of 1986 is amended to read as follows: (a) In general In order to be eligible to receive any payments under section 9006, the candidates of a political party in a presidential election shall meet the following requirements: (1) Participation in primary payment system The candidate for President received payments under chapter 96 for the campaign for nomination for election to be President. (2) Agreements with Commission The candidates, in writing— (A) agree to obtain and furnish to the Commission such evidence as it may request of the qualified campaign expenses of such candidates, (B) agree to keep and furnish to the Commission such records, books, and other information as it may request, and (C) agree to an audit and examination by the Commission under section 9007 and to pay any amounts required to be paid under such section. (3) Ban on certain contributions and solicitations The candidates certify to the Commission, under penalty of perjury, the following: (A) Bundled contributions Such candidates and the authorized committees of such candidates will not accept any bundled contribution (as defined in section 304(i)(8)) forwarded by or credited to a person described in section 304(i)(7). (B) Solicitations for joint fundraising committees Such candidates and their authorized committees will not, after June 1 of the election year, solicit any funds for any joint fundraising committee that includes any committee of a political party. (C) Solicitation for political parties Such candidates and their authorized committees will not, after June 1 of the year in which the election is held, solicit any funds for any committee of a political party. Such certification shall be made within such time prior to the day of the presidential election as the Commission shall prescribe by rules or regulations. . 112. Repeal of expenditure limitations and use of qualified campaign contributions (a) Use of qualified campaign contributions without expenditure limits; application of same requirements for major, minor, and new parties Section 9003 of the Internal Revenue Code of 1986 is amended by striking subsections (b) and (c) and inserting the following: (b) Use of qualified campaign contributions To defray expenses (1) In general In order to be eligible to receive any payments under section 9006, the candidates of a party in a presidential election shall certify to the Commission, under penalty of perjury, that— (A) such candidates and their authorized committees have not and will not accept any contributions to defray qualified campaign expenses other than— (i) qualified campaign contributions, and (ii) contributions to the extent necessary to make up any deficiency payments received out of the fund on account of the application of section 9006(c), and (B) such candidates and their authorized committees have not and will not accept any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). (2) Timing of certification The candidate shall make the certification required under this subsection at the same time the candidate makes the certification required under subsection (a)(3). . (b) Definition of qualified campaign contribution Section 9002 of such Code is amended by adding at the end the following new paragraph: (13) Qualified campaign contribution The term qualified campaign contribution means, with respect to any election for the office of President of the United States, a contribution from an individual to a candidate or an authorized committee of a candidate which— (A) is made after June 1 of the year in which the election is held; (B) does not exceed 50% of the limit applicable under paragraph (1)(A) or paragraph (2)(A) of section 315(a) of the Federal Election Campaign Act of 1971 to the amount of a contribution which may be made to a candidate who is not eligible to receive payments under section 9006 with respect to such election; and (C) with respect to which the candidate has certified in writing that— (i) the individual making such contribution has not made aggregate contributions (including such qualified contribution) to such candidate and the authorized committees of such candidate in excess of the amount described in subparagraph (B), and (ii) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such qualified contribution) aggregating more than the amount described in subparagraph (B) with respect to such election. . (c) Conforming amendments (1) Repeal of expenditure limits (A) In general Section 315 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441a ) is amended by striking subsection (b). (B) Conforming amendments Section 315(c) of such Act ( 2 U.S.C. 441a(c) ) is amended— (i) in paragraph (1)(B)(i), by striking , (b) ; and (ii) in paragraph (2)(B)(i), by striking subsections (b) and (d) and inserting subsection (d) . (2) Repeal of repayment requirement (A) In general Section 9007(b) of such Code is amended by striking paragraph (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (B) Conforming amendment Paragraph (2) of section 9007(b) of such Code, as redesignated by subparagraph (A), is amended— (i) by striking a major party and inserting a party ; (ii) by inserting qualified contributions and after contributions (other than ; and (iii) by striking (other than qualified campaign expenses with respect to which payment is required under paragraph (2)) . (3) Criminal penalties (A) Repeal of penalty for excess expenses Section 9012 of the Internal Revenue Code of 1986 is amended by striking subsection (a). (B) Penalty for acceptance of disallowed contributions; application of same penalty for candidates of major, minor, and new parties Subsection (b) of section 9012 of such Code is amended to read as follows: (b) Contributions (1) Acceptance of disallowed contributions It shall be unlawful for an eligible candidate of a party in a presidential election or any of his authorized committees knowingly and willfully to accept any contribution to defray qualified campaign expenses, except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section 9006(c), or to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). (2) Penalty Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both. . 113. Matching payments and other modifications to payment amounts (a) In general (1) Amount of payments; application of same amount for candidates of major, minor, and new parties Subsection (a) of section 9004 of the Internal Revenue Code of 1986 is amended to read as follows: (a) In general Subject to the provisions of this chapter, the eligible candidates of a party in a presidential election shall be entitled to equal payment under section 9006 in an amount equal to 500 percent of the amount of each matchable contribution received by such candidate on or after June 1 of the year of the presidential election, or by his authorized committees (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $250), except that total amount to which a candidate is entitled under this paragraph shall not exceed $150,000,000. . (2) Repeal of separate limitations for candidates of minor and new parties Section 9004 of such Code is amended by striking subsection (b). (3) Conforming amendment Section 9005(a) of such Code is amended by adding at the end the following new sentence: The Commission shall make such additional certifications as may be necessary to receive payments under section 9004. . (b) Matchable contribution Section 9002 of such Code, as amended by section 112, is amended by adding at the end the following new paragraph: (14) Matchable contribution The term matchable contribution means, with respect to the election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that— (A) the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of 50% of the limit applicable under paragraph (1)(A) or paragraph (2)(A) of section 315(a) of the Federal Election Campaign Act of 1971 to the amount of a contribution which may be made to a candidate who is not eligible to receive payments under section 9006 with respect to such election; (B) such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A) with respect to such election; and (C) such contribution was not— (i) forwarded from the contributor from any person other than an individual, or (ii) received by the candidate or committee from a contributor or contributors, but credited by the committee or candidate to another person who is not an individual through records, designations, or other means of recognizing that a certain amount of money has been raised by such person. . 114. Inflation adjustment for payment amounts Section 9004 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Inflation adjustments (1) In general In the case of any applicable period beginning after 2017, each of the dollar amounts in subsection (a)(1) shall be increased by an amount equal to— (A) such dollar amount; multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting calendar year 2016 for calendar year 1992 in subparagraph (B) thereof. (2) Applicable period For purposes of this subsection, the term applicable period means the 4-year period beginning with the first day following the date of the last general election for the office of President and ending on the date of the next such general election. (3) Rounding If any amount as adjusted under paragraph (1) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. . 115. Increase in limit on coordinated party expenditures (a) In general Section 315(d)(2) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441a(d)(2) ) is amended to read as follows: (2) (A) The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds $50,000,000. (B) For purposes of this paragraph— (i) any expenditure made by or on behalf of a national committee of a political party and in connection with a presidential election shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party; and (ii) any communication made by or on behalf of such party shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party if any portion of the communication is in connection with such election. (C) Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States. . (b) Conforming amendments relating to timing of cost-of-Living adjustment (1) In general Section 315(c)(1) of such Act ( 2 U.S.C. 441a(c)(1) ), as amended by section 112(d)(1)(B), is amended— (A) in subparagraph (B), by striking (d) and inserting (d)(3) ; and (B) by inserting at the end the following new subparagraph: (D) In any calendar year after 2017— (i) the dollar amount in subsection (d)(2) shall be increased by the percent difference determined under subparagraph (A); (ii) the amount so increased shall remain in effect for the calendar year; and (iii) if the amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. . (2) Base year Section 315(c)(2)(B) of such Act ( 2 U.S.C. 441a(c)(2)(B) ), as amended by section 112(d)(1)(B), is amended— (A) in clause (i)— (i) by striking (d) and inserting (d)(3) ; and (ii) by striking and at the end; (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) for purposes of subsection (d)(2), calendar year 2016. . 116. Establishment of uniform date for release of payments (a) Date for payments (1) In general Section 9006(b) of the Internal Revenue Code of 1986 is amended to read as follows: (b) Payments from the Fund If the Secretary of the Treasury receives a certification from the Commission under section 9005 for payment to the eligible candidates of a political party, the Secretary shall pay to such candidates out of the fund the amount certified by the Commission on the later of— (1) the last Friday occurring before the first Monday in September; or (2) 24 hours after receiving the certifications for the eligible candidates of all major political parties. Amounts paid to any such candidates shall be under the control of such candidates. . (2) Conforming Amendment The first sentence of section 9006(c) of such Code is amended by striking the time of a certification by the Commission under section 9005 for payment and inserting the time of making a payment under subsection (b) . (b) Time for certification Section 9005(a) of the Internal Revenue Code of 1986 is amended by striking 10 days and inserting 24 hours . 117. Amounts in Presidential Election Campaign Fund (a) Determination of amounts in fund Section 9006(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: In making a determination of whether there are insufficient moneys in the fund for purposes of the previous sentence, the Secretary shall take into account in determining the balance of the fund for a presidential election year the Secretary’s best estimate of the amount of moneys which will be deposited into the fund during the year, except that the amount of the estimate may not exceed the average of the annual amounts deposited in the fund during the previous 3 years. . (b) Special rule for first campaign cycle under this Act (1) In general Section 9006 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Special authority To borrow (1) In general Notwithstanding subsection (c), there are authorized to be appropriated to the fund, as repayable advances, such sums as are necessary to carry out the purposes of the fund during the period ending on the first presidential election occurring after the date of the enactment of this subsection. (2) Repayment of advances (A) In general Advances made to the fund shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary determines that moneys are available for such purposes in the fund. (B) Rate of interest Interest on advances made to the fund shall be at a rate determined by the Secretary of the Treasury (as of the close of the calendar month preceding the month in which the advance is made) to be equal to the current average market yield on outstanding marketable obligations of the United States with remaining periods to maturity comparable to the anticipated period during which the advance will be outstanding and shall be compounded annually. . (2) Effective date The amendment made by this subsection shall take effect January 1, 2014. 118. Use of general election payments for general election legal and accounting compliance Section 9002(11) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: For purposes of subparagraph (A), an expense incurred by a candidate or authorized committee for general election legal and accounting compliance purposes shall be considered to be an expense to further the election of such candidate. . C Political conventions 121. Repeal of public financing of party conventions (a) Repeal (1) In general Chapter 95 of the Internal Revenue Code of 1986 is amended by striking section 9008. (2) Clerical amendment The table of sections of chapter 95 of such Code is amended by striking the item relating to section 9008. (b) Conforming amendments (1) Availability of payments to candidates Section 9006(c) of such Code is amended by striking section 9008(b)(3) . (2) Reports by Federal Election Commission Section 9009 of such Code is amended— (A) by adding and at the end of paragraph (2); (B) by striking the semicolon at the end of paragraph (3) and inserting a period; and (C) by striking paragraphs (4), (5), and (6). (3) Penalties Section 9012 of such Code, as amended by section 112(d)(4), is amended— (A) by striking subsection (a) and redesignating subsections (b) through (g) as subsections (a) through (f), respectively; (B) in subsection (b), as redesignated by subparagraph (A), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (C) in subsection (d)(1), as redesignated by subparagraph (A), by striking the second sentence; and (D) in subsection (d)(3), as redesignated by subparagraph (A), by striking , or in connection with any expense incurred by the national committee of a major party or minor party with respect to a presidential nominating convention . (4) Availability of payments from Presidential Primary Matching Account The second sentence of section 9037(a) of such Code is amended by striking and for payments under section 9008(b)(3) . 122. Contributions for political conventions (a) Separate contribution limitation (1) Individuals (A) In general Section 315(a)(1) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441a(a)(1) ) is amended— (i) by striking or at the end of subparagraph (C); (ii) by striking the period at the end of subparagraph (D) and inserting ; or ; and (iii) by adding at the end the following new subparagraph: (E) to the national nominating convention account of political committees established and maintained by a national political party, in any 4-year period ending on the last day of the calendar year beginning on the day after a general election for the office of President which, in the aggregate, exceed the dollar amount in effect under subparagraph (B); . (B) Conforming amendment Section 315(a)(1)(B) of such Act (2 U.S.C. 441a(a)(1)(B)) is amended by inserting (other than to the national nominating convention accounts of such political committees which are described in subparagraph (E)) after national political party . (2) Aggregate contribution limitation Section 315(a)(3) of such Act (2 U.S.C. 441a(a)(3)) is amended by adding at the end the following new flush sentence: The dollar amount in subparagraph (B) shall be increased by the amount of contributions (not in excess of the dollar amount in effect under subparagraph (E)) made to the national nominating convention account of a political committee established and maintained by a national political party during the period described in the preceding sentence. . (b) National nominating convention account Section 315(a) of such Act (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: (9) For purposes of this subsection, the national nomination convention account of any political committees established and maintained by a national political party is a separate account the funds of which may only be used to defray the costs of the national nominating convention of such party. . 123. Prohibition on use of soft money Section 323 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441i ) is amended by adding at the end the following new subsection: (g) National conventions Any person described in subsection (a) or (e) shall not solicit, receive, direct, transfer, or spend any funds in connection with a presidential nominating convention of any political party, including funds from or for a host committee, civic committee, municipality, or any other person or entity spending funds in connection with such a convention, unless such funds— (1) are not in excess of the amounts permitted with respect to contributions to the political committee established and maintained by a national political party committee under section 315; and (2) are not from sources prohibited by this Act from making contributions in connection with an election for Federal office. . II Public financing for congressional election campaigns 201. Benefits and eligibility requirements for Congressional candidates The Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ) is amended by adding at the end the following: V Public financing of congressional election campaigns A Benefits 501. Benefits for participating candidates (a) In general If a candidate for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress is a participating candidate under this title with respect to an election for such office, the candidate shall be entitled to payments under this title, to be used only for authorized expenditures in connection with the election. (b) Amount of payment (1) Match of qualified contributions Subject to paragraph (2), the amount of a payment made to a participating candidate under this title shall be equal to 500 percent of the amount of qualified contributions received by the candidate since the most recent payment made to the candidate under this title with respect to the election, as set forth— (A) in the case of the first payment made to the candidate with respect to the election, in the report filed under section 511(a)(2); and (B) in the case of any subsequent payment made to the candidate with respect to the election, in the report of qualified contributions filed under subsection (c). (2) Limitation In determining the amount of qualified contributions received by a candidate for purposes of making a payment under this section, there shall be disregarded any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $250. (c) Reports (1) In general Each participating candidate shall file reports of receipts of qualified contributions at such times and in such manner as the Commission may by regulations prescribe. (2) Contents of reports Each report under this subsection shall disclose each qualified contribution received by the candidate since the most recent report filed under this section, and shall state the aggregate amount of all such qualified contributions received since the most recent report filed under this section. (3) Frequency of reports Reports under this subsection shall be made no more frequently than— (A) once every month until the date that is 90 days before the date of the election; (B) once every week after the period described in subparagraph (A) and until the date that is 21 days before the election; and (C) once every day after the period described in subparagraph (B). (4) Limitation on regulations The Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election. (d) Limit on aggregate amount of payments The aggregate amount of payments that may be made under this title to a participating candidate during an election cycle may not exceed— (1) $2,000,000, in the case of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; or (2) $10,000,000, in the case of a candidate for the office of Senator. 502. Administration of payments (a) Timing The Commission shall make payments under this title to a participating candidate— (1) in the case of the first payment made to the candidate with respect to the election, not later than 48 hours after the date on which such candidate is certified as a participating candidate under section 513; and (2) in the case of any subsequent payment made to the candidate with respect to the election, not later than 5 business days after the receipt of a report made under section 501(c). (b) Method of payment The Commission shall distribute funds available to participating candidates under this title through the use of an electronic funds exchange or a debit card. (c) Appeals The Commission shall provide a written explanation with respect to any denial of any payment under this title and shall provide for the opportunity for review and reconsideration within 5 business days of such denial. 503. Qualified contribution defined In this title, the term qualified contribution means, with respect to a candidate, a contribution that meets each of the following requirements: (1) The contribution is in an amount that is not greater than the limit on the amount of a contribution that may be accepted by a participating candidate from an individual under section 521(a). (2) The contribution is made by an individual who is not otherwise prohibited from making a contribution under this Act. (3) The contribution is not— (A) forwarded from the contributor by any person other than an individual; or (B) received by the candidate or an authorized committee of the candidate from a contributor or contributors, but credited by the committee or candidate to another person who is not an individual through records, designations, or other means of recognizing that a certain amount of money has been raised by such person. (4) The contribution meets the requirements of section 512(b). B Eligibility and certification 511. Eligibility (a) In general A candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements: (1) During the election cycle for the office involved, the candidate files with the Commission a statement of intent to seek certification as a participating candidate. (2) The candidate meets the qualified contribution requirements of section 512 and submits to the Commission a report disclosing each qualified contribution received by the candidate and stating the aggregate amount of all such qualified contributions received. (3) Not later than the last day of the qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate— (A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 521; (B) if certified, will run only as a participating candidate for all elections for the office that such candidate is seeking during the election cycle; and (C) has either qualified or will take steps to qualify under State law to be on the ballot. (b) General election Notwithstanding subsection (a), a candidate shall not be eligible to receive a payment under this title for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law. (c) Qualifying period defined The term qualifying period means, with respect to any candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, the 120-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 60 days before— (1) the date of the primary election; or (2) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. 512. Qualified contribution requirements (a) Receipt of qualified contributions (1) In general A candidate meets the requirements of this section if, during the qualifying period described in section 511(c), the candidate obtains— (A) a single qualified contribution from a number of individuals equal to or greater than— (i) in the case of a candidate for election the office of Representative in, or Delegate or Resident Commissioner to, the Congress, 400, or (ii) in the case of a candidate for the office of Senator, the product of 400 and the number of Congressional districts in the State involved as of the date of the election; and (B) a total dollar amount of qualified contributions equal to or greater than— (i) in the case of a candidate for election the office of Representative in, or Delegate or Resident Commissioner to, the Congress, $40,000, disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $250, or (ii) in the case of a candidate for the office of Senator, the product of $40,000 and the number of Congressional districts in the State involved as of the date of the election, disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $250. (2) Exclusion of contributions from out-of-State residents In determining the number of qualified contributions obtained by a candidate under paragraph (1)(A) and the dollar amount of qualified contributions obtained by a candidate under paragraph (1)(B), there shall be excluded any contributions made by an individual who does not have a primary residence in the State in which such candidate is seeking election. (b) Requirements relating to receipt of qualified contribution Each qualified contribution— (1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account; (2) shall be accompanied by a signed statement containing the contributor’s name and the contributor's address in the State in which the primary residence of the contributor is located; and (3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. (c) Prohibiting payment on commission basis of individuals collecting qualified contributions No person may be paid a commission on a per qualified contribution basis for collecting qualified contributions. 513. Certification (a) Deadline and Notification (1) In general Not later than 10 days after a candidate files an affidavit under section 511(a)(3), the Commission shall— (A) determine whether or not the candidate meets the requirements for certification as a participating candidate; (B) if the Commission determines that the candidate meets such requirements, certify the candidate as a participating candidate; and (C) notify the candidate of the Commission's determination. (2) Deemed certification for all elections in election cycle If the Commission certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Commissioner shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle. (b) Revocation of certification (1) In general The Commission may revoke a certification under subsection (a) if— (A) a candidate fails to qualify to appear on the ballot at any time after the date of certification (other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle); or (B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. (2) Repayment of benefits If certification is revoked under paragraph (1), the candidate shall repay to the Empowering Citizens Payment Account of the Presidential Election Campaign Fund (established under section 9051 of the Internal Revenue Code of 1986) an amount equal to the value of benefits received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission) on any such amount received. (c) Participating Candidate defined In this title, a participating candidate means a candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title. C Requirements for Candidates Certified as Participating Candidates 521. Restrictions on certain contributions and expenditures (a) 50 percent reduction in otherwise applicable contribution limits In the case of a candidate who is certified as a participating candidate under this title with respect to an election, the limit applicable under paragraph (1)(A) or paragraph (2)(A) of section 315(a) to the amount of a contribution which may be made to the candidate and any authorized committee of the candidate with respect to the election shall be equal to 50% of the amount applicable under such paragraph to a contribution made to a candidate with respect to the election who is not certified as a participating candidate under this title. (b) Prohibiting acceptance of contributions bundled by registered lobbyists A candidate who is certified as a participating candidate under this title with respect to an election, and any authorized committee of such a candidate, may not accept any contribution with respect to the election which is a bundled contribution (as defined in section 304(i)(8)) forwarded by or credited to a person described in section 304(i)(7). (c) Limit on expenditures from personal funds A candidate who is certified as a participating candidate under this title may not make expenditures from personal funds (as defined in section 304(a)(6)(B)) in an aggregate amount exceeding $50,000 with respect to any election in the election cycle involved. (d) Prohibiting solicitation of funds for political party committees A candidate who is certified as a participating candidate under this title may not solicit funds for any political committee of a political party, except that the candidate may solicit funds for a separate account of the committee which is established under section 315(d)(5). 522. Remitting unspent funds after election (a) In general Not later than the date that is 60 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission for deposit in the Empowering Citizens Payment Account of the Presidential Election Campaign Fund (established under section 9051 of the Internal Revenue Code of 1986) an amount equal to the lesser of— (1) the amount of money in the candidate’s campaign account; or (2) the amount of the payments received by the candidate under this title. (b) Exception for expenditures incurred but not paid as of date of remittance (1) In general Subject to subsection (a), a candidate may withhold from the amount required to be remitted under paragraph (1) of such subsection the amount of any authorized expenditures which were incurred in connection with the candidate’s campaign but which remain unpaid as of the deadline applicable to the candidate under such subsection, except that any amount withheld pursuant to this paragraph shall be remitted to the Commission not later than 120 days after the date of the election to which such subsection applies. (2) Documentation required A candidate may withhold an amount of an expenditure pursuant to paragraph (1) only if the candidate submits documentation of the expenditure and the amount to the Commission not later than the deadline applicable to the candidate under subsection (a). D Administrative provisions 531. Administration by Commission The Commission shall prescribe regulations to carry out the purposes of this title, including regulations to establish procedures for— (1) verifying the amount of qualified contributions with respect to a candidate; (2) effectively and efficiently monitoring and enforcing the limits on the raising of qualified contributions; (3) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; and (4) monitoring the use of payments under this title through audits of not fewer than 1/3 of all participating candidates or other mechanisms. 532. Violations and penalties (a) Civil penalty for violation of contribution and expenditure requirements If a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Empowering Citizens Payment Account of the Presidential Election Campaign Fund (established under section 9051 of the Internal Revenue Code of 1986). (b) Repayment for improper use of Empowering Citizens Payment Account (1) In general If the Commission determines that any benefit made available to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Empowering Citizens Payment Account of the Presidential Election Campaign Fund an amount equal to— (A) the amount of benefits so used or not remitted, as appropriate; and (B) interest on any such amounts (at a rate determined by the Commission). (2) Other action not precluded Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. 533. Election cycle defined In this title, the term election cycle means, with respect to an election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). . 202. Permitting unlimited coordinated expenditures by political party committees on behalf of participating candidates if expenditures are derived from small dollar contributions Section 315(d) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441a(d) ) is amended by adding at the end the following new paragraph: (5) In determining the amount of expenditures made by a committee under paragraph (3) in connection with the campaign of a candidate who is certified as a participating candidate under title V, there shall be excluded any expenditures which are derived from a separate account established by the committee for which the only sources of funds are contributions made during the election cycle in an amount which does not exceed 50% of the amount applicable under subsection (a)(1)(A) to a contribution made during the cycle to a candidate who is not certified as a participating candidate under title V. . 203. Prohibiting use of contributions by participating candidates for purposes other than campaign for election Section 313 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 439a ) is amended by adding at the end the following new subsection: (d) Restrictions on Permitted Uses of Funds by Candidates Receiving Matching Public Funds Notwithstanding paragraphs (2), (3), or (4) of subsection (a), if a candidate for election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress is certified as a participating candidate under title V with respect to the election, any contribution which the candidate is permitted to accept under such title may be used only for authorized expenditures in connection with the candidate’s campaign for such office. . III Coordinated campaign activity 301. Clarification of treatment of coordinated expenditures as contributions to candidates (a) Treatment as contribution to candidate Section 301(8)(A) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431(8)(A) ) is amended— (1) by striking or at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ; or ; and (3) by adding at the end the following new clause: (iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 324) which is not otherwise treated as a contribution under clause (i) or clause (ii). . (b) Definitions Section 324 of such Act ( 2 U.S.C. 441k ) is amended to read as follows: 324. Payments for coordinated expenditures (a) Coordinated expenditures (1) In general For purposes of section 301(8)(A)(iii), the term coordinated expenditure means— (A) any expenditure, including a payment for a covered communication described in subsection (c), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as provided in subsection (b); or (B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee. (2) Exception for payments for certain communications A payment for a communication (including a covered communication described in subsection (c)) shall not be treated as a coordinated expenditure under this subsection if— (A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or (B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. (b) Coordination described (1) In general For purposes of this section, a payment is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment is not made entirely independently of the candidate, committee, or agents, including a payment which is made pursuant to any general or particular understanding, or more than incidental communication with, the candidate, committee, or agents about the payment. (2) No finding of coordination based solely on sharing of information regarding legislative or policy position For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person’s agent engaged in discussions with the candidate or committee, or with agents of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no discussion between the person and the candidate or committee, or agents of the candidate or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or campaign operations. (3) No effect on party coordination standard Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d). (4) No safe harbor for use of firewall A person shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals providing services for or on behalf of the person and the candidate or committee or agents of the candidate or committee. (c) Special rule for payments by coordinated spenders for covered communications (1) Payments deemed to be made in cooperation, consultation, or concert with, candidates For purposes of this section, if the person who makes a payment for a covered communication is a coordinated spender with respect to the candidate involved, the person shall be deemed to have made the payment in cooperation, consultation, or concert with the candidate. (2) Coordinated spender defined For purposes of this subsection, the term coordinated spender means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies: (A) The person is directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate or committee or agents of the candidate or committee, including with the express or tacit approval of the candidate or committee or agents of the candidate or committee. (B) The candidate or committee or agents of the candidate or committee solicit funds or engage in other fundraising activity on the person’s behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. (C) The person is established, directed, or managed by any person who, during the election cycle involved or during the 4-year period ending on the first day of the election cycle involved, has been employed or retained as a political, media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with a title for the candidate or committee. (D) During the election cycle involved, the person has had more than incidental communications with the candidate or committee or agents of the candidate or committee about the candidate’s campaign needs or activities, or about the person’s possible or actual campaign activities with respect to the candidate or committee. (E) The person has retained the professional services of any person who, during the same election cycle, has provided or is providing professional services relating to the campaign to the candidate or committee. For purposes of this subparagraph, the term professional services includes any services in support of the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services. (F) The person is established, directed, or managed by a member of the immediate family of the candidate, or (in the case of a person that is a political committee) has received a contribution from a member of the immediate family of the candidate. For purposes of this subparagraph, the term immediate family has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986. (d) Covered communication defined (1) In general For purposes of this section, the term covered communication means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which— (A) promotes or supports the candidate, or attacks or opposes an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or (B) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A), but only if the communication is disseminated during the applicable election period. (2) Applicable election period In paragraph (1)(B), the applicable election period with respect to a communication means— (A) in the case of a communication which refers to a candidate for the office of President or Vice President, the period which begins on the date that is 120 days before the date of the first primary election, preference election, or nominating convention for nomination for the office of President which is held in any State and ends with the date of the general election for such office; or (B) in the case of a communication which refers to a candidate for any other office, which begins on the date that is 90 days before the primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, for the office sought by the candidate and ends on the date of the general election for such office. (3) Special rules for communications involving congressional candidates For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking. (e) Election cycle defined In this section, the term election cycle means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election). . (c) Effective date (1) Repeal of existing regulations on coordination Effective upon the expiration of the 90-day period which begins on the date of the enactment of this Act— (A) the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth in 11 CFR Part 109, Subpart C, under the heading Coordination ) are repealed; and (B) the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act. (2) Effective date The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period. 302. Clarification of ban on fundraising for super pacs by federal candidates and officeholders Section 323(e)(1) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441i(e)(1) ) is amended— (1) by striking or at the end of subparagraph (A); (2) by striking the period at the end of subparagraph (B) and inserting ; or ; and (3) by adding at the end the following new subparagraph: (C) solicit, receive, direct, or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations, prohibitions, and reporting requirements of this Act (or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to or on behalf of any political organization under section 527 of the Internal Revenue Code of 1986 which accepts such donations or contributions (other than a committee of a State or local political party or a candidate for election for State or local office). . IV Use of Presidential Election Campaign Fund for public financing of Federal elections 401. Use of Presidential Election Campaign Fund for congressional candidates Subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 97 Empowering citizens payment account Sec. 9051. Payments to Congressional candidates. 9051. Payments to Congressional candidates (a) Establishment of account The Secretary shall maintain in the Presidential Election Campaign Fund established by section 9006(a), in addition to any account which he maintains under such section, a separate account to be known as the Empowering Citizens Payment Account. The Secretary shall deposit into such Account the amount available after the Secretary determines that amounts for payments under section 9006(c) and for payments under section 9037(b) are available for such payments. (b) Use of Fund for payments to Congressional candidates participating in public financing program The Secretary shall transfer amounts in the Fund to the Federal Election Commission, at such times and in such amounts as the Federal Election Commission may certify, for payments to candidates for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress who are participating candidates under title V of the Federal Election Campaign Act of 1971. . 402. Revisions to designation of income tax payments by individual taxpayers (a) Increase in amount designated Section 6096(a) of the Internal Revenue Code of 1986 is amended— (1) in the first sentence, by striking $3 each place it appears and inserting $20 ; and (2) in the second sentence— (A) by striking $6 and inserting $40 ; and (B) by striking $3 and inserting $20 . (b) Indexing Section 6096 of such Code is amended by adding at the end the following new subsection: (d) Indexing of amount designated (1) In general With respect to each taxable year after 2013, each amount referred to in subsection (a) shall be increased by the percent difference described in paragraph (2), except that if any such amount after such an increase is not a multiple of $1, such amount shall be rounded to the nearest multiple of $1. (2) Percent difference described The percent difference described in this paragraph with respect to a taxable year is the percent difference determined under section 315(c)(1)(A) of the Federal Election Campaign Act of 1971 with respect to the calendar year during which the taxable year begins, except that the base year involved shall be 2012. . (c) Ensuring tax preparation software does not provide automatic response to designation question Section 6096 of such Code, as amended by subsection (b), is amended by adding at the end the following new subsection: (e) Ensuring tax preparation software does not provide automatic response to designation question The Secretary shall promulgate regulations to ensure that electronic software used in the preparation or filing of individual income tax returns does not automatically accept or decline a designation of a payment under this section. . (d) Public information program on designation Section 6096 of such Code, as amended by subsections (b) and (c), is amended by adding at the end the following new subsection: (f) Public information program (1) In general The Federal Election Commission shall conduct a program to inform and educate the public regarding the purposes of the Presidential Election Campaign Fund, the procedures for the designation of payments under this section, and the effect of such a designation on the income tax liability of taxpayers. (2) Use of funds for program Amounts in the Presidential Election Campaign Fund shall be made available to the Federal Election Commission to carry out the program under this subsection. . (e) Effective date The amendments made by this section shall take effect January 1, 2014. 403. Donation to Presidential Election Campaign Fund (a) General rule Every taxpayer who makes a return of the tax imposed by subtitle A of the Internal Revenue Code of 1986 for any taxable year ending after December 31, 2012, may donate an amount (not less than $1), in addition to any designation of income tax liability under section 6096 of such Code for such taxable year, which shall be deposited in the general fund of the Treasury. (b) Manner and time of designation Any donation under subsection (a) for any taxable year— (1) shall be made at the time of filing the return of the tax imposed by subtitle A of such Code for such taxable year and in such manner as the Secretary may by regulation prescribe, except that— (A) the designation for such donation shall be either on the first page of the return or on the page bearing the taxpayer’s signature, and (B) the designation shall be by a box added to the return, and the text beside the box shall provide: By checking here, I signify that in addition to my tax liability (if any), I would like to donate the included payment to be used exclusively as a contribution to the Presidential Election Campaign Fund. , and (2) shall be accompanied by a payment of the amount so designated. (c) Treatment of amounts donated For purposes of this title, the amount donated by any taxpayer under subsection (a) shall be treated as a contribution made by such taxpayer to the United States on the last date prescribed for filing the return of tax imposed by subtitle A of such Code (determined without regard to extensions) or, if later, the date the return is filed. (d) Transfers to Presidential Election Campaign Fund The Secretary shall, from time to time, transfer to the Presidential Election Campaign Fund established under section 9006(a) of such Code amounts equal to the amounts donated under this section. V Other Campaign Finance Reforms 501. Regulations with respect to best efforts for identifying persons making contributions Not later than 6 months after the date of enactment of this Act, the Federal Election Commission shall promulgate regulations with respect to what constitutes best efforts under section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) for determining the identification of persons making contributions to political committees, including the identifications of persons making contributions over the Internet or by credit card. Such regulations shall include a requirement that in the case of contributions made by a credit card, the political committee shall ensure that the name on the credit card used to make the contribution matches the name of the person making the contribution. 502. Prohibition on joint fundraising committees (a) In general Section 302(e) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 432(e) ) is amended by adding at the end the following new paragraph: (6) No authorized committee of a candidate may establish a joint fundraising committee with a political committee other than an authorized committee of a candidate. . (b) Effective date The amendments made by this section shall take effect on January 1, 2014. 503. Disclosure of bundled contributions to Presidential campaigns (a) In general Paragraphs (1) through (3) of section 304(i) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 434(i) ) are amended to read as follows: (1) In general (A) Disclosure of bundled contributions by lobbyists Each committee described in paragraph (6) shall include in the first report required to be filed under this section after each covered period (as defined in paragraph (2)) a separate schedule setting forth the name, address, and employer of each person reasonably known by the committee to be a person described in paragraph (7) who provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold (as defined in paragraph (3)) during the covered period, and the aggregate amount of the bundled contributions provided by each such person during the covered period. (B) Disclosure of bundled contributions to presidential campaigns Each committee which is an authorized committee of a candidate for the office of President or for nomination to such office shall include in the first report required to be filed under this section after each covered period (as defined in paragraph (2)) a separate schedule setting forth the name, address, and employer of each person who provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold (as defined in paragraph (3)) during the election cycle, and the aggregate amount of the bundled contributions provided by each such person during the covered period and such election cycle. Such schedule shall include a separate listing of the name, address, and employer of each person included on such schedule who is reasonably known by the committee to be a person described in paragraph (7), together with the aggregate amount of bundled contributions provided by such person during such period and such cycle. (2) Covered period In this subsection, a covered period means— (A) with respect to a committee which is an authorized committee of a candidate for the office of President or for nomination to such office— (i) the 4-year election cycle ending with the date of the election for the office of the President; and (ii) any reporting period applicable to the committee under this section during which any person provided 2 or more bundled contributions to the committee; and (B) with respect to any other committee— (i) the period beginning January 1 and ending June 30 of each year; (ii) the period beginning July 1 and ending December 31 of each year; and (iii) any reporting period applicable to the committee under this section during which any person described in paragraph (7) provided 2 or more bundled contributions to the committee in an aggregate amount greater than the applicable threshold. (3) Applicable threshold (A) In general In this subsection, the applicable threshold is— (i) $50,000 in the case of a committee which is an authorized committee of a candidate for the office of President or for nomination to such office; and (ii) $15,000 in the case of any other committee. In determining whether the amount of bundled contributions provided to a committee by a person exceeds the applicable threshold, there shall be excluded any contribution made to the committee by the person or the person's spouse. (B) Indexing In any calendar year after 2017, section 315(c)(1)(B) shall apply to each amount applicable under subparagraph (A) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amount applicable under subparagraph (A), the base period shall be 2016. (C) Aggregation of contributions from cosponsors of fundraising event For purposes of determining the amount of bundled contributions provided by a person to a committee which were received by the person at a fundraising event sponsored by the person, or in response to an invitation to attend a fundraising event sponsored by the person, each person who is a sponsor of the event shall be considered to have provided to the committee the aggregate amount of all bundled contributions which were provided to the committee by all sponsors of the event. . (b) Conforming amendments Section 304(i) of such Act ( 2 U.S.C. 434(i) ) is amended— (1) in paragraph (5), by striking described in paragraph (7) each place it appears in subparagraphs (C) and (D); (2) in paragraph (6), by inserting (other than a candidate for the office of President or for nomination to such office) after candidate ; and (3) in paragraph (8)(A)— (A) by striking , with respect to a committee described in paragraph (6) and a person described in paragraph (7), and inserting , with respect to a committee described in paragraph (6) or an authorized committee of a candidate for the office of President or for nomination to such office, ; (B) by striking by the person in clause (i) thereof and inserting by any person ; and (C) by striking the person each place it appears in clause (ii) and inserting such person . (c) Effective date The amendments made by this section shall apply with respect to reports filed under section 304 of the Federal Election Campaign Act of 1971 after January 1, 2014. 504. Judicial review of actions related to campaign finance laws (a) In general Title IV of the Federal Election Campaign Act of 1971 (2 U.S.C. 451 et seq.) is amended by inserting after section 406 the following new section: 407. Judicial review (a) In general If any action is brought for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit. (2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision— (A) a copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate; and (B) it shall be the duty of the United States District Court for the District of Columbia, the Court of Appeals for the District of Columbia, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. (b) Intervention by Members of Congress In any action in which the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986 is raised, any member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument. (c) Challenge by Members of Congress Any Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986. . (b) Conforming amendments (1) In general (A) Section 310 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 437h ) is repealed. (B) Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows: 9011. Judicial review For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971. . (C) Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows: 9041. Judicial review For provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971. . (D) Section 403 of the Bipartisan Campaign Finance Reform Act of 2002 ( 2 U.S.C. 437h note) is repealed. (c) Effective date The amendments made by this section shall apply to actions brought on or after January 1, 2014. VI Severability; Effective Date 601. Severability If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. 602. Effective date Except as otherwise provided in this Act, the amendments made by this Act shall apply with respect to elections occurring after January 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr270ih/xml/BILLS-113hr270ih.xml

113-hr-271

I 113th CONGRESS 1st Session H. R. 271 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Olson (for himself, Mr. Gene Green of Texas , Mr. Doyle , Mr. Terry , and Mr. Kinzinger of Illinois ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To clarify that compliance with an emergency order under section 202(c) of the Federal Power Act may not be considered a violation of any Federal, State, or local environmental law or regulation, and for other purposes. 1. Short title This Act may be cited as the Resolving Environmental and Grid Reliability Conflicts Act of 2013 . 2. Amendments to the Federal Power Act (a) Compliance with or violation of environmental laws while under emergency order Section 202(c) of the Federal Power Act ( 16 U.S.C. 824a(c) ) is amended— (1) by inserting (1) after (c) ; and (2) by adding at the end the following: (2) With respect to an order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation, the Commission shall ensure that such order requires generation, delivery, interchange, or transmission of electric energy only during hours necessary to meet the emergency and serve the public interest, and, to the maximum extent practicable, is consistent with any applicable Federal, State, or local environmental law or regulation and minimizes any adverse environmental impacts. (3) To the extent any omission or action taken by a party, that is necessary to comply with an order issued under this subsection, including any omission or action taken to voluntarily comply with such order, results in noncompliance with, or causes such party to not comply with, any Federal, State, or local environmental law or regulation, such omission or action shall not be considered a violation of such environmental law or regulation, or subject such party to any requirement, civil or criminal liability, or a citizen suit under such environmental law or regulation. (4) (A) An order issued under this subsection that may result in a conflict with a requirement of any Federal, State, or local environmental law or regulation shall expire not later than 90 days after it is issued. The Commission may renew or reissue such order pursuant to paragraphs (1) and (2) for subsequent periods, not to exceed 90 days for each period, as the Commission determines necessary to meet the emergency and serve the public interest. (B) In renewing or reissuing an order under subparagraph (A), the Commission shall consult with the primary Federal agency with expertise in the environmental interest protected by such law or regulation, and shall include in any such renewed or reissued order such conditions as such Federal agency determines necessary to minimize any adverse environmental impacts to the maximum extent practicable. The conditions, if any, submitted by such Federal agency shall be made available to the public. The Commission may exclude such a condition from the renewed or reissued order if it determines that such condition would prevent the order from adequately addressing the emergency necessitating such order and provides in the order, or otherwise makes publicly available, an explanation of such determination. . (b) Temporary connection or construction by municipalities Section 202(d) of the Federal Power Act ( 16 U.S.C. 824a(d) ) is amended by inserting or municipality before engaged in the transmission or sale of electric energy .

https://www.govinfo.gov/content/pkg/BILLS-113hr271ih/xml/BILLS-113hr271ih.xml

113-hr-272

I 113th CONGRESS 1st Session H. R. 272 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Farr introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To designate the Department of Veterans Affairs and Department of Defense joint outpatient clinic to be constructed in Marina, California, as the General William H. Gourley Federal Outpatient Clinic: A Joint VA–DOD Health Care Facility . 1. Name of the Department of Veterans Affairs and Department of Defense joint outpatient clinic, Marina, California (a) Designation The Department of Veterans Affairs and Department of Defense joint outpatient clinic to be constructed at the intersection of the proposed Ninth Street and the proposed First Avenue in Marina, California, shall be known and designated as the General William H. Gourley Federal Outpatient Clinic: A Joint VA–DOD Health Care Facility . (b) References Any reference in a law, regulation, map, document, record, or other paper of the United States to the Department of Veterans Affairs and Department of Defense joint outpatient clinic referred to in subsection (a) shall be deemed to be a reference to the General William H. Gourley Federal Outpatient Clinic: A Joint VA–DOD Health Care Facility .

https://www.govinfo.gov/content/pkg/BILLS-113hr272ih/xml/BILLS-113hr272ih.xml

113-hr-273

I 113th CONGRESS 1st Session H. R. 273 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. DeSantis (for himself, Mr. Issa , Mr. Farenthold , Mr. Mica , Mr. Duncan of Tennessee , Mr. Jordan , Mr. Collins of Georgia , Mr. Meadows , Mr. Yoho , Mr. Massie , Mr. Hudson , Mr. Woodall , Mr. Radel , Mr. Williams , Mr. Lankford , Mr. Cramer , Mr. Rice of South Carolina , Mr. Mullin , Mr. Wenstrup , Mr. Graves of Georgia , Mr. Labrador , Mr. Chaffetz , Mr. Stewart , Mr. Salmon , Mr. Bentivolio , Mr. Rothfus , Mr. Hall , Mr. Cotton , and Mr. Gowdy ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To eliminate the 2013 statutory pay adjustment for Federal employees. 1. Elimination of 2013 pay adjustment (a) In general Section 147 of the Continuing Appropriations Act, 2011 ( Public Law 111–242 ; 5 U.S.C. 5303 note), as amended by section 114(a) of the Continuing Appropriations Resolution, 2013 ( Public Law 112–175 ; 126 Stat. 1316), is amended— (1) in subsection (b)(1), by striking the matter after ending on and before shall be made and inserting December 31, 2013, ; and (2) in subsection (c), by striking the matter after ending on and before no senior executive and inserting December 31, 2013, . (b) Elimination of delayed adjustment Section 114(b) of the Continuing Appropriations Resolution, 2013 is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr273ih/xml/BILLS-113hr273ih.xml

113-hr-274

I 113th CONGRESS 1st Session H. R. 274 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Barber introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend section 520J of the Public Health Service Act to authorize grants for mental health first aid training programs. 1. Short title This Act may be cited as the Mental Health First Act of 2013 . 2. Mental health first aid training grants Section 520J of the Public Health Service Act ( 42 U.S.C. 290bb–41 ) is amended to read as follows: 520J. Mental health first aid training grants (a) Grants The Secretary, acting through the Administrator, shall award grants to States, political subdivisions of States, Indian tribes, tribal organizations, and nonprofit private entities to initiate and sustain mental health first aid training programs. (b) Program requirements (1) In general To be eligible for funding under subsection (a), a mental health first aid training program shall— (A) be designed to train individuals in the categories listed in paragraph (2) to accomplish the objectives described in paragraph (3); (B) ensure that training is conducted by trainers that are properly licensed and credentialed by nonprofit entities as designated by the Secretary; and (C) include— (i) at a minimum— (I) a core live training course for individuals in the categories listed in paragraph (2) on the skills, resources, and knowledge to assist individuals in crisis to connect with appropriate local mental health care services; (II) training on mental health resources, including the location of community mental health centers described in section 1913(c), in the State and local community; and (III) training on action plans and protocols for referral to such resources; and (ii) where feasible, continuing education and updated training for individuals in the categories listed in paragraph (2). (2) Categories of individuals to be trained The categories of individuals listed in this paragraph are the following: (A) Emergency services personnel and other first responders. (B) Police officers and other law enforcement personnel. (C) Teachers and school administrators. (D) Human resources professionals. (E) Faith community leaders. (F) Nurses and other primary care personnel. (G) Students enrolled in an elementary school, a secondary school, or an institution of higher education. (H) The parents of students described in subparagraph (G). (I) Veterans. (J) Other individuals, audiences or training populations as determined appropriate by the Secretary. (3) Objectives of training To be eligible for funding under subsection (a), a mental health first aid training program shall be designed to train individuals in the categories listed in paragraph (2) to accomplish each of the following objectives (as appropriate for the individuals to be trained, taking into consideration their age): (A) Safe de-escalation of crisis situations. (B) Recognition of the signs and symptoms of mental illness, including such common psychiatric conditions as schizophrenia, bipolar disorder, major clinical depression, and anxiety disorders. (C) Timely referral to mental health services in the early stages of developing mental disorders in order to— (i) avoid more costly subsequent behavioral health care; and (ii) enhance the effectiveness of mental health services. (c) Distribution of Awards In awarding grants under this section, the Secretary shall— (1) ensure that grants are equitably distributed among the geographical regions of the United States; and (2) pay particular attention to the mental health training needs of populations and target audiences residing in rural areas. (d) Application A State, political subdivision of a State, Indian tribe, tribal organization, or nonprofit private entity that desires 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 require, including a plan for the rigorous evaluation of activities that are carried out with funds received under such grant. (e) Evaluation A State, political subdivision of a State, Indian tribe, tribal organization, or nonprofit private entity that receives a grant under this section shall prepare and submit an evaluation to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require, including an evaluation of activities carried out with funds received under such grant and a process and outcome evaluation. (f) Authorization of Appropriations To carry out this section, there are authorized to be appropriated $20,000,000 for fiscal year 2014 and such sums as may be necessary for each of fiscal years 2015 and 2016. .

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113-hr-275

I 113th CONGRESS 1st Session H. R. 275 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish a grant program to test and mitigate radon levels in public schools, and for other purposes. 1. Short title This Act may be cited as the End Radon in Schools Act . 2. Establishment of grant program (a) In general Subject to the availability of appropriations to carry out this Act, not later than 1 year after the date that Federal funds are first appropriated for this Act, the Administrator of the Environmental Protection Agency, in consultation with the Secretary of Education, shall establish a program under which the Administrator may award grants to States to conduct short-term radon testing to identify and mitigate unsafe radon levels in public schools. (b) Guidelines Not later than 1 year after the date of enactment of this Act, the Administrator shall review, update, revise, and publish the Radon Measurements In Schools Guidelines with current information and guidance on radon testing in a public school. 3. Grant awards In carrying out the program under this Act, the Administrator shall— (1) provide a grant award for each State selected to receive a grant under this Act to complete the testing under section 5(b); (2) in the case of a State that submits a report and is required to conduct mitigation under section 5(c)(1)— (A) provide an additional grant award for the State to conduct such mitigation under such subparagraph (A) of such section; or (B) conduct such mitigation under subparagraph (B) of such section; and (3) in the case of a State that submits a report and is required to conduct reevaluation under section 5(d), provide an additional grant award for the State to complete the reevaluation. 4. Application; priority (a) Application To be eligible to receive a grant under this Act, a State shall submit an application to the Administrator in such manner, at such time, and containing such information as the Administrator may require, including a certification that the grant funds will be used to— (1) test the radon levels in public schools pursuant to section 5(b); and (2) mitigate the effects of unsafe radon levels in public schools pursuant to section 5(c), determined by the test under paragraph (1). (b) Priority In awarding grants to States under this Act, the Administrator shall— (1) determine the priority of grant awards by ranking each State that submits an application in relation to each other such State; and (2) in ranking States under paragraph (1)— (A) assign highest priority to a State with 100 percent of such State’s landmass in Radon Zone 1; (B) in a case in which multiple States have 100 percent of such States’ landmasses in Radon Zone 1, assign priority among such States at the Administrator’s discretion; (C) assign second highest priority to a State with at least 50 percent of such State’s landmass in Radon Zone 1; (D) in a case in which multiple States have at least 50 percent of such States’ landmasses in Radon Zone 1, assign priority among such States at the Administrator’s discretion; and (E) in a case in which a State has less than 50 percent of such State’s landmass in Radon Zone 1, assign priority to such State at the Administrator’s discretion. 5. Use of funds (a) In general A State that receives a grant under this Act shall— (1) follow the Radon Measurements In Schools Guidelines updated pursuant to section 2(b); (2) test radon levels in each public school pursuant to subsection (b); (3) if necessary, mitigate unsafe radon levels pursuant to subsection (c); and (4) if necessary, reevaluate mitigation pursuant to subsection (d). (b) Testing A State that receives a grant under this Act shall— (1) conduct testing in each public school in such State consistent with the Administrator’s Radon Measurements In Schools Guidelines updated pursuant to section 2(b); (2) submit a report to the Administrator— (A) describing the results of each test conducted pursuant to paragraph (1); and (B) if necessary, estimating the funds necessary to conduct an additional short-term test under paragraph (3); and (3) in the case of a school that should have additional testing, according to initial testing conducted under paragraph (1), conduct such follow-up testing consistent with the Administrator’s Radon Measurements In Schools Guidelines updated pursuant to section 2(b). (c) Mitigation (1) In general In the case of a public school at which testing conducted under paragraphs (1) and (3) of subsection (b) met the recommendations for mitigation in the Administrator’s Radon Measurements In Schools Guidelines updated pursuant to section 2(b)— (A) if the State’s report under paragraph (2) includes the certification described in paragraph (2)(A), the State shall mitigate the radon level at the public school by providing funds to the local educational agency serving such school to enable the agency to carry out the mitigation described in paragraph (3); or (B) if the State’s report under paragraph (2) does not include such certification, the Administrator shall carry out the mitigation described in paragraph (3), directly or by contract funded under this grant program. (2) Certification; reporting A State that receives a grant under this Act shall— (A) if necessary, seek certification from each local educational agency that serves each public school described in paragraph (1) that such agency will, if provided funding pursuant to section 3(2)(A), complete the actions described in paragraph (3); and (B) submit a report to the Administrator that— (i) in the case in which a local educational agency provides certification to the State under subparagraph (A), includes such certification; (ii) describes the results of each test at such public school conducted under subsection (b); and (iii) if necessary, estimates the funds necessary to conduct mitigation at such public school pursuant to paragraph (3). (3) Mitigation Requirements In mitigating the radon levels at public schools, the Administrator or a local educational agency, as appropriate, shall— (A) work with a qualified radon mitigation professional to determine the most effective way to mitigate the radon at the public school; (B) create a mitigation plan within 3 months after the completion of the testing under subsection (b); (C) designate a mitigation unit and implement the mitigation plan under subparagraph (B) within one year after completion of the testing under subsection (b); (D) conduct a short-term test not less than once every two years; and (E) if necessary, conduct the reevaluation under subsection (d). (d) Reevaluation If the follow-up testing under subsection (c)(3)(D) conducted after the mitigation plan is implemented results in a radon level that is still meeting the recommendations for mitigation in the Administrator’s Radon Measurements In Schools Guidelines updated pursuant to section 2(b), the local educational agency that serves the school shall— (1) reevaluate the mitigation plan under subsection (c)(3)(B) in consultation with a qualified radon mitigation professional; (2) create an alternative mitigation plan to replace the mitigation plan; (3) submit a report to the Administrator— (A) describing the results of such annual test; and (B) estimating the funds necessary to conduct reevaluation under this subsection; and (4) direct the mitigation unit to implement an alternative mitigation plan under subsection (c)(3) within 6 months after the date of the follow-up test. 6. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Local educational agency The term local educational agency has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (3) Mitigation plan The term mitigation plan means the plan to mitigate radon created by the qualified radon mitigation professional in consultation with the local educational agency under section 5(c)(3)(B). (4) Mitigation unit The term mitigation unit means the individuals designated under section 5(c)(3)(C) by the local educational agency to implement the mitigation plan. (5) Public school The term public school has the meaning given that term in section 5145 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7217d ). (6) Qualified radon mitigation professional The term qualified radon mitigation professional means an individual— (A) licensed, certified, registered, or qualified by a State radon program to mitigate radon; (B) certified by a national radon professional organization; or (C) approved by the Administrator to mitigate radon. (7) Radon Measurements in Schools Guidelines The term Radon Measurements In Schools Guidelines means the report entitled Radon Measurements In Schools produced by the Administrator in July 1993, describing current information and guidance on radon testing in a public school. (8) Radon Zone 1 The term Radon Zone 1 means those areas with a predicted average indoor radon screening level greater than 4 picocuries per liter. (9) Secretary The term Secretary means the Secretary of Education. (10) Short-term test The term short-term test means a test approved by the Administrator in which a testing device remains in an area for not less than 2 days and not more than 90 days to determine the amount of radon in the air that is acceptable for human inhalation. (11) State The term State means each of the several States of the United States and the District of Columbia.

https://www.govinfo.gov/content/pkg/BILLS-113hr275ih/xml/BILLS-113hr275ih.xml

113-hr-276

I 113th CONGRESS 1st Session H. R. 276 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Buchanan (for himself, Mr. Sensenbrenner , Mr. Broun of Georgia , Mr. Jones , and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit United States assistance to the country of Egypt. 1. Prohibition on assistance to the country of Egypt (a) Prohibition Notwithstanding any other provision of law, no funds made available to any Federal department or agency may be used to provide assistance to the country of Egypt. (b) Effective date This Act takes effect on the date of the enactment of this Act and applies with respect to funds made available to any Federal department or agency for any fiscal year after fiscal year 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr276ih/xml/BILLS-113hr276ih.xml

113-hr-277

I 113th CONGRESS 1st Session H. R. 277 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Cicilline introduced the following bill; which was referred to the Committee on Natural Resources A BILL To revise the boundaries of John H. Chafee Coastal Barrier Resources System Sachuest Point Unit RI–04P, Easton Beach Unit RI–05P, Almy Pond Unit RI–06, and Hazards Beach Unit RI–07 in Rhode Island. 1. Replacement of John H. Chafee Coastal Barrier Resources System map (a) In general The map subtitled Sachuest Point Unit RI–04P, Easton Beach Unit RI–05P, Almy Pond Unit RI–06, Hazards Beach Unit RI–07 , included in the set of maps entitled John H. Chafee Coastal Barrier Resources System referred to in section 4(a) of the Coastal Barrier Resources Act ( 16 U.S.C. 3503(a) ) and relating to certain John H. Chafee Coastal Barrier Resources System units in Rhode Island, is hereby replaced by another map relating to the units entitled John H. Chafee Coastal Barrier Resources System Sachuest Point Unit RI–04P, Easton Beach Unit RI–05P, Almy Pond Unit RI–06, and Hazards Beach Unit RI–07 and dated September 30, 2009. (b) Availability The Secretary of the Interior shall keep the replacement map referred to in subsection (a) on file and available for inspection in accordance with the provisions of section 4(b) of the Coastal Barrier Resources Act (16 U.S.C. 3503(b)).

https://www.govinfo.gov/content/pkg/BILLS-113hr277ih/xml/BILLS-113hr277ih.xml

113-hr-278

I 113th CONGRESS 1st Session H. R. 278 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Cohen (for himself, Mr. Peterson , Mr. Blumenauer , Mr. Michaud , Mr. Loebsack , Mr. Dingell , and Mr. Kind ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit States from carrying out more than one Congressional redistricting after a decennial census and apportionment, to require States to conduct such redistricting through independent commissions, and for other purposes. 1. Short Title; Finding of Constitutional Authority (a) Short Title This Act may be cited as the John Tanner Fairness and Independence in Redistricting Act . (b) Finding Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out Congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the fourteenth amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. 2. Limit on congressional redistricting after an apportionment The Act entitled An Act for the relief of Doctor Ricardo Vallejo Samala and to provide for congressional redistricting , approved December 14, 1967 ( 2 U.S.C. 2c ), is amended by adding at the end the following: A State which has been redistricted in the manner provided by law after an apportionment under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 (2 U.S.C. 2a), may not be redistricted again until after the next apportionment of Representatives under such section, unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution or to enforce the Voting Rights Act of 1965 ( 42 U.S.C. 1973 et seq. ). . 3. Requiring Redistricting to be Conducted Through Plan of Independent State Commission or Plan of Highest State Court (a) Use of Plan Required (1) In general Notwithstanding any other provision of law, any Congressional redistricting conducted by a State shall be conducted in accordance with— (A) the redistricting plan developed by the independent redistricting commission established in the State, in accordance with section 4; or (B) if the plan developed by such commission is not enacted into law, the redistricting plan selected by the highest court in the State or developed by a United States district court, in accordance with section 5. (2) Other criteria and procedures permitted Nothing in this Act or the amendments made by this Act may be construed to prohibit a State from conducting Congressional redistricting in accordance with such criteria and procedures as the State considers appropriate, to the extent that such criteria and procedures are consistent with the applicable requirements of this Act and the amendments made by this Act. (b) Conforming Amendment Section 22(c) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a(c) ), is amended by striking in the manner provided by the law thereof and inserting: in the manner provided by the John Tanner Fairness and Independence in Redistricting Act . 4. Independent Redistricting Commission (a) Administrative Matters (1) Appointment of members Each State shall establish an independent redistricting commission composed of— (A) a chair, who shall be appointed by majority vote of the other members of the commission; and (B) an equal number of members (but not fewer than 1) from each of the following categories: (i) Members appointed by a member of the upper house of the State legislature who represents the political party with the greatest number of seats in that house. (ii) Members appointed by a member of the upper house of the State legislature who represents the political party with the second greatest number of seats in that house. (iii) Members appointed by a member of the lower house of the State legislature who represents the political party with the greatest number of seats in that house. (iv) Members appointed by a member of the lower house of the State legislature who represents the political party with the second greatest number of seats in that house. (2) Special rule for States with unicameral legislature In the case of a State with a unicameral legislature, the independent redistricting commission established under this subsection shall be composed of— (A) a chair, who shall be appointed by majority vote of the other members of the commission; and (B) an equal number of members (but not fewer than 2) from each of the following categories: (i) Members appointed by a member of the legislature who shall be selected by the chair of the Government Affairs Committee of the legislature to represent the State political party whose candidate for chief executive of the State received the greatest number of votes on average in the 3 most recent general elections for that office. (ii) Members appointed by a member of the legislature who shall be selected by the chair of the Government Affairs Committee of the legislature to represent the State political party whose candidate for chief executive of the State received the second greatest number of votes on average in the 3 most recent general elections for that office. (3) Eligibility An individual is eligible to serve as a member of an independent redistricting commission if— (A) as of the date of appointment, the individual is registered to vote in elections for Federal office held in the State, and was registered to vote in the 2 most recent general elections for Federal office held in the State; (B) the individual did not hold public office or run as a candidate for election for public office, or serve as an employee of a political party or candidate for election for public office, at any time during the 4-year period ending on the December 31 preceding the date of appointment; and (C) the individual certifies that he or she will not run as a candidate for the office of Representative in the Congress until after the next apportionment of Representatives under section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ). (4) Vacancy A vacancy in the commission shall be filled in the manner in which the original appointment was made. (5) Deadline Each State shall establish a commission under this section, and the members of the commission shall appoint the commission’s chair, not later than the first February 1 which occurs after the chief executive of a State receives the State apportionment notice. (6) Appointment of chair required prior to development of redistricting plan The commission may not take any action to develop a redistricting plan for the State under subsection (b) until the appointment of the commission’s chair in accordance with paragraph (1)(E). (7) Requiring all meetings to be open to public The commission shall hold each of its meetings in public. (8) Internet site As soon as practicable after establishing the commission, the State shall establish and maintain a public Internet site for the commission which meets the following requirements: (A) The site is updated continuously to provide advance notice of commission meetings and to otherwise provide timely information on the activities of the commission. (B) The site contains the most recent available information from the Bureau of the Census on voting-age population, voter registration, and voting in the State, including precinct-level and census tract-level data with respect to such information, as well as detailed maps reflecting such information. (C) The site includes interactive software to enable any individual to design a redistricting plan for the State on the basis of the information described in subparagraph (B), in accordance with the criteria described in subsection (b)(1). (D) The site permits any individual to submit a proposed redistricting plan to the commission, and to submit questions, comments, and other information with respect to the commission’s activities. (b) Development of Redistricting Plan (1) Criteria The independent redistricting commission of a State shall develop a redistricting plan for the State in accordance with the following criteria: (A) Adherence to the one person, one vote standard and other requirements imposed under the Constitution of the United States. (B) To the greatest extent mathematically possible, ensuring that the population of each Congressional district in the State does not vary from the population of any other Congressional district in the State (as determined on the basis of the total count of persons of the most recent decennial census conducted by the Bureau of the Census). (C) Consistency with any applicable requirements of the Voting Rights Act of 1965 and other Federal laws. (D) To the greatest extent practicable, the maintenance of the geographic continuity of the political subdivisions of the State which are included in the same Congressional district, in the following order of priority: (i) The continuity of counties or parishes. (ii) The continuity of municipalities. (iii) The continuity of neighborhoods (as determined on the basis of census tracts or other relevant information). (E) To the greatest extent practicable, maintaining compact districts (in accordance with such standards as the commission may establish). (F) Ensuring that districts are contiguous (except to the extent necessary to include any area which is surrounded by a body of water). (2) Factors prohibited from consideration In developing the redistricting plan for the State, the independent redistricting commission may not take into consideration any of the following factors, except to the extent necessary to comply with the Voting Rights Act of 1965: (A) The voting history of the population of a Congressional district, except that the commission may take such history into consideration to the extent necessary to comply with any State law which requires the establishment of competitive Congressional districts. (B) The political party affiliation of the population of a district. (C) The residence of incumbent Members of the House of Representatives in the State. (3) Solicitation of public input in development of plans The commission shall solicit and take into consideration comments from the public in developing the redistricting plan for the State by holding meetings in representative geographic regions of the State at which members of the public may provide such input, and by otherwise soliciting input from the public (including redistricting plans developed by members of the public) through the commission Internet site and other methods. (4) Public notice of plans prior to submission to legislature Not fewer than 7 days prior to submitting a redistricting plan to the legislature of the State under subsection (c)(1), the commission shall post on the commission Internet site and cause to have published in newspapers of general circulation throughout the State a notice containing the following information: (A) A detailed version of the plan, including a map showing each Congressional district established under the plan and the voting age population by race of each such district. (B) A statement providing specific information on how the adoption of the plan would serve the public interest. (C) Any dissenting statements of any members of the commission who did not approve of the submission of the plan to the legislature. (c) Submission of Plans to Legislature (1) In general At any time prior to the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission under this section to the legislature of the State. (2) Consideration of plan by legislature After receiving any redistricting plan under paragraph (1), the legislature of a State may— (A) approve the plan as submitted by the commission without amendment and forward the plan to the chief executive of the State; or (B) reject the plan. (3) Enactment of plan (A) In general A redistricting plan developed by the commission shall be considered to be enacted into law only if the plan is forwarded to the chief executive of the State pursuant to paragraph (2)(A) and— (i) the chief executive approves the plan as forwarded by the legislature without amendment; or (ii) the chief executive vetoes the plan and the legislature overrides the veto in accordance with the applicable law of the State, except that at no time may the plan be amended. (B) Special rule In the case of a State in which the chief executive is prohibited under State law from acting on a redistricting plan, a redistricting plan developed by the commission shall be considered to be enacted into law if— (i) the plan is submitted to the legislature of the State; and (ii) the legislature approves the plan as submitted by the commission without amendment. (d) Requiring Majority Approval for Actions The independent redistricting commission of a State may not submit a redistricting plan to the State legislature, or take any other action, without the approval of at least a majority of its members given at a meeting at which at least a majority of its members are present. (e) Termination (1) In general The independent redistricting commission of a State shall terminate on the day after the date of the first regularly scheduled general election for Federal office which occurs after the chief executive of the State receives the State apportionment notice. (2) Preservation of records The State shall ensure that the records of the independent redistricting commission are retained in the appropriate State archive in such manner as may be necessary to enable the State to respond to any civil action brought with respect to Congressional redistricting in the State. 5. Selection of Plan by Courts (a) State Court (1) Submission and selection of plan If a redistricting plan developed by the independent redistricting commission of a State is not enacted into law under section 4(c)(3) by the first November 1 which occurs after the chief executive of the State receives the State apportionment notice, the commission may submit redistricting plans developed by the commission in accordance with section 4 to the highest court of the State, which may select and publish one of the submitted plans to serve as the redistricting plan for the State. (2) No modification of plan permitted The highest court of a State may not modify any redistricting plan submitted under this subsection. (b) Federal Court (1) Failure of State court to select plan (A) Notice to court if plan not selected by State court If a State court to whom redistricting plans have been submitted under subsection (a) does not select a plan to serve as the redistricting plan for the State under such subsection on or before the first December 1 which occurs after the chief executive of the State receives the State apportionment notice, the State shall file a notice with the United States district court for the district in which the capital of the State is located. (B) Development and selection of plan by Federal court Not later than 30 days after receiving a notice from a State under subparagraph (A), the court shall develop and publish a final redistricting plan for the State. (2) Failure of State to establish commission (A) In general If a State does not establish an independent redistricting commission under section 4 by the first September 1 which occurs after the chief executive of the State receives the State apportionment notice— (i) the State may not establish the commission; and (ii) the United States district court for the district in which the capital of the State is located shall develop and publish a final redistricting plan for the State not later than the first December 1 which occurs after the chief executive of the State receives the State apportionment notice. (B) Determination of failure to establish commission For purposes of subparagraph (A), a State shall be considered to have failed to establish an independent redistricting commission by the date referred to in such subparagraph if a chair of the commission has not been appointed on or before such date. (3) Criteria It is the sense of Congress that, in developing a redistricting plan for a State under this subsection, the district court should adhere to the same terms and conditions that applied to the development of the plan of the commission under section 4(b). (c) Access to Information and Records of Commission A court which is required to select, publish, or develop a redistricting plan for a State under this section shall have access to any information, data, software, or other records and material used by the independent redistricting commission of the State in carrying out its duties under this Act. 6. Special Rule For Redistricting Conducted Under Order of Federal Court If a Federal court requires a State to conduct redistricting subsequent to an apportionment of Representatives in the State in order to comply with the Constitution or to enforce the Voting Rights Act of 1965 , sections 4 and 5 shall apply with respect to the redistricting, except that— (1) the deadline for the establishment of the independent redistricting commission and the appointment of the commission’s chair (as described in section 4(a)(5)) shall be the expiration of the 30-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (2) the deadline for the submission of redistricting plans to the legislature by the commission, and the date of the termination of the commission (as described in section 4(c)(1) and section 4(e)) shall be the expiration of the 150-day period which begins on the date of the final order of the Federal court to conduct the redistricting; (3) the deadline for the selection and publication of the plan by the highest court of the State (as described in section 5(a)) shall be the expiration of the 180-day period which begins on the date of the final order of the Federal court to conduct the redistricting; and (4) the deadline for the selection and publication of the plan by the district court of the United States (as described in section 5(b)) shall be the expiration of the 210-day period which begins on the date of the final order of the Federal court to conduct the redistricting. 7. Payments to States For carrying out Redistricting (a) Authorization of Payments Subject to subsection (d), not later than 30 days after a State receives a State apportionment notice, the Election Assistance Commission shall make a payment to the State in an amount equal to the product of— (1) the number of Representatives to which the State is entitled, as provided under the notice; and (2) $150,000. (b) Use of Funds A State shall use the payment made under this section to establish and operate the State’s independent redistricting commission, to implement the State redistricting plan, and to otherwise carry out Congressional redistricting in the State. (c) No Payment to States With Single Member The Election Assistance Commission shall not make a payment under this section to any State which is not entitled to more than one Representative under its State apportionment notice. (d) Requiring Establishment of Commission as Condition of Payment The Election Assistance Commission may not make a payment to a State under this section until the State certifies to the Commission that the State has established an independent redistricting commission, and that a chair of the commission has been appointed, in accordance with section 4. (e) Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary for payments under this section. 8. State Apportionment Notice Defined In this Act, the State apportionment notice means, with respect to a State, the notice sent to the State from the Clerk of the House of Representatives under section 22(b) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress , approved June 18, 1929 ( 2 U.S.C. 2a ), of the number of Representatives to which the State is entitled. 9. No Effect on Elections for State and Local Office Nothing in this Act or in any amendment made by this Act may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections. 10. Effective Date This Act and the amendments made by this Act shall apply with respect to any Congressional redistricting which occurs after the regular decennial census conducted during 2020.

https://www.govinfo.gov/content/pkg/BILLS-113hr278ih/xml/BILLS-113hr278ih.xml

113-hr-279

I 113th CONGRESS 1st Session H. R. 279 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Cole introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes, and for other purposes. 1. Authority reaffirmed (a) Reaffirmation Section 19 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ; 25 U.S.C. 479 ), is amended— (1) in the first sentence— (A) by striking The term and inserting Effective beginning on June 18, 1934, the term ; and (B) by striking any recognized Indian tribe now under Federal jurisdiction and inserting any federally recognized Indian tribe ; and (2) by striking the third sentence and inserting the following: In said sections, the term Indian tribe means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe. . (b) Effective Date The amendments made by this section shall take effect as if included in the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ; 25 U.S.C. 479 ), on the date of enactment of that Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr279ih/xml/BILLS-113hr279ih.xml

113-hr-280

I 113th CONGRESS 1st Session H. R. 280 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Ellison introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Help America Vote Act of 2002 to require States to provide for same day registration. 1. Short title This Act may be cited as the Same Day Registration Act of 2013 . 2. Same day registration (a) In general Title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. ) is amended— (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: 304. Same day registration (a) In general (1) Registration Notwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6 ), each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election— (A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual's voter registration information); and (B) to cast a vote in such election. (2) Exception The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. (b) Eligible individual For purposes of this section, the term eligible individual means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election. (c) Effective date Each State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2014 and for any subsequent election for Federal office. . (b) Conforming amendments (1) Section 401 of such Act ( 42 U.S.C. 15511 ) is amended by striking and 303 and inserting 303, and 304 . (2) The table of contents of such Act is amended— (A) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (B) by inserting after the item relating to section 303 the following new item: Sec. 304. Same day registration. .

https://www.govinfo.gov/content/pkg/BILLS-113hr280ih/xml/BILLS-113hr280ih.xml

113-hr-281

I 113th CONGRESS 1st Session H. R. 281 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Ellison introduced the following bill; which was referred to the Committee on House Administration A BILL To prohibit election officials from requiring individuals to provide photo identification as a condition of obtaining or casting a ballot in an election for Federal office or registering to vote in elections for Federal office, and for other purposes. 1. Short Title This Act may be cited as the Voter Access Protection Act of 2013 . 2. Prohibiting states from imposing photo identification requirement for voting or registering to vote in federal elections (a) Prohibition (1) In general Title III of the Help America Vote Act of 2002 ( 42 U.S.C. 15481 et seq. ) is amended by inserting after section 303 the following new section: 303A. Prohibiting election officials from requiring individuals to present photo identification (a) Photo identification as a condition of voting Except to the extent permitted under section 303(b), a State or local election official may not— (1) require an individual to present a photo identification (or, in the case of an individual who desires to vote by mail, a copy of a photo identification) as a condition of obtaining or casting a ballot in an election for Federal office; or (2) require an individual to cast a provisional ballot under section 302 solely on the grounds that the individual does not present a photo identification at the polling place. (b) Photo identification as a condition of registering To vote A State or local election official may not require an individual to provide a photo identification (or, in the case of an individual who desires to register to vote by mail or online, a copy or electronic copy of a photo identification) as a condition of registering to vote in an election for Federal office. . (2) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Prohibiting election officials from requiring individuals to present photo identification. . (b) Conforming amendment relating to enforcement Section 401 of such Act ( 42 U.S.C. 15511 ) is amended by striking and 303 and inserting 303, and 303A . 3. Effective date The amendments made by this Act shall apply with respect to elections occurring after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr281ih/xml/BILLS-113hr281ih.xml

113-hr-282

I 113th CONGRESS 1st Session H. R. 282 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Fleischmann introduced the following bill; which was referred to the Committee on Appropriations A BILL To rescind certain Federal funds identified by States as unwanted and use the funds to reduce the Federal debt. 1. Short title This Act may be cited as the Returned Exclusively For Unpaid National Debt Act or the REFUND Act . 2. Use of unwanted Federal funds to reduce Federal debt (a) Rescission of unwanted Federal funds There is rescinded, from any Federal funds required to be allocated by formula among all States that agree to use such funds for a specified purpose, an amount equal to the amount of such funds that would have otherwise been allocated to a State that identifies such funds under subsection (b) as unwanted. (b) Identification of funds Subsection (a) shall only apply if, not later than the last date on which an application or State plan must be submitted in order for a State to be allocated, in an annual or biennial budget cycle, funds described in such subsection— (1) the State legislature with jurisdiction over such budget cycle adopts a concurrent resolution identifying the funds as unwanted; and (2) the State submits notice of the resolution described in paragraph (1) to the agency head responsible for allocation of the funds, in such form and manner and containing such information as the agency head determines appropriate to make the determination in subsection (c). (c) Determination of amount To be rescinded An agency head that receives notice described in subsection (b)(2) shall determine and report to the Office of Management and Budget the amount to be rescinded under subsection (a). (d) Use for reduction of Federal debt Amounts rescinded under subsection (a) shall be deposited by the Secretary of the Treasury in the special fund account “Gifts to Reduce Debt Held by the Public, Bureau of the Public Debt, Treasury” and used to reduce the Federal debt as provided in section 3113(d) of title 31, United States Code. (e) Annual report The Secretary of the Treasury shall submit to the Congress each year a report identifying the amount deposited in the Treasury under subsection (d) with respect to each State in such year. (f) Definitions In this section: (1) The term agency head means the head of a department or agency of the Federal Government. (2) The term State means— (A) each of the several States; (B) the District of Columbia; or (C) any commonwealth, territory, or possession of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr282ih/xml/BILLS-113hr282ih.xml

113-hr-283

I 113th CONGRESS 1st Session H. R. 283 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Fleischmann (for himself, Mr. Barletta , Mrs. Black , Mrs. Blackburn , Mr. Miller of Florida , Mr. Mulvaney , Mr. Grimm , and Mr. DesJarlais ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require the approval by the head of an agency for any conference costing more than $25,000, and for other purposes. 1. Short title This Act may be cited as the Agency Conferences and Conventions Operating Under Necessary Transparency Act of 2013 or the ACCOUNT Act . 2. Agency conference requirements (a) Agency head approval required Any conference costing more than $25,000 must be approved in writing by the head of the relevant agency before the date on which such conference occurs. The head of an agency may only approve such conference if the head determines that the conference is necessary to the core mission of the agency. (b) Publication of statement required Not later than 30 days after the date of a conference described in subsection (a), the head of the agency shall publish on the website of such agency a summary of the conference that includes the purpose and total cost of the conference and the cost per employee that attended the conference. (c) Report to Congress Not later than December 31 of each year, the head of each agency shall submit a report, for the previous fiscal year, to the relevant committees of the Congress that includes a list of each conference approved pursuant to subsection (a) and with regard to each such conference, the following: (1) A summary of the purposes and goals. (2) A description of the conference activities that accomplish such purposes and goals. (3) The total cost. (4) The cost per government employee. (d) Exclusion The requirements of this section shall not apply— (1) to the armed forces; (2) with respect to law enforcement activity; and (3) with respect to any conference that the head of the agency determines is classified or related to national security. (e) Definitions In this section: (1) Agency The term agency has the meaning given that term in section 551 of title 5, United States Code. (2) Armed forces The term armed forces has the meaning given that term in section 2101 of title 5, United States Code. (3) Conference The term conference means a meeting, retreat, seminar, symposium, or event to which 20 or more employees travel at least 25 miles to attend, that— (A) is held for consultation, education, discussion, or training; and (B) is not held entirely at a Government facility. (4) Employee The term employee has the meaning given that term in section 2105 of title 5, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr283ih/xml/BILLS-113hr283ih.xml

113-hr-284

I 113th CONGRESS 1st Session H. R. 284 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Forbes introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for rates of pay for Members of Congress to be adjusted as a function of changes in Government spending. 1. Short title This Act may be cited as the Congressional Accountability Pay Act . 2. Change in method for adjusting pay Section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) is amended to read as follows: 601. (a) (1) This subsection applies with respect to— (A) each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico, (B) the President pro tempore of the Senate, the majority leader and the minority leader of the Senate, and the majority leader and the minority leader of the House of Representatives, and (C) the Speaker of the House of Representatives. (2) Whenever outlays for any fiscal year are greater than outlays for the preceding fiscal year, then, effective as of the first day of the first applicable pay period beginning on or after January 1 of the calendar year next beginning after the close of the second of those 2 fiscal years, the rate of pay for each position under paragraph (1) shall be decreased by the percentage (rounded to the nearest 1/10 of 1 percent) equal to the percentage by which outlays for the second of those 2 fiscal years are greater than outlays for the first of those 2 fiscal years, but in no event below $1. (3) The Congressional Budget Office shall prescribe any regulations necessary to carry out this subsection, including regulations governing the determination of total outlays for a fiscal year. (4) For purposes of this subsection, the term outlays means budget outlays, as defined by section 3 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 622 ). (5) This subsection shall apply for purposes of determining rates of pay for pay periods beginning on or after January 1, 2015. . 3. Coordination rule (a) In general Section 225(l)(3) of the Federal Salary Act of 1967 ( 2 U.S.C. 362(3) ) is amended by adding at the end the following: (C) Notwithstanding any other provision of this subsection, in the case of a position referred to in section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ), no recommendation referred to in this subsection (in the matter before paragraph (1)) may be made which, if enacted, would cause the rate of pay for any such position to differ from the rate of pay which would, as of any given time, then be payable with respect to such position under such section 601(a). . (b) Exclusion of judges Section 225(l)(3)(A) of such Act ( 2 U.S.C. 362(3)(A) ) is further amended— (1) in clause (i), by striking all that follows recommended for and inserting the Speaker of the House of Representatives and the Vice President of the United States, respectively, shall be equal. ; and (2) in clause (iii), by striking all that follows a Delegate to the House of Representatives, and that precedes and each office or position under section 5313 of title 5 .

https://www.govinfo.gov/content/pkg/BILLS-113hr284ih/xml/BILLS-113hr284ih.xml

113-hr-285

I 113th CONGRESS 1st Session H. R. 285 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Al Green of Texas (for himself, Mr. Hastings of Florida , Ms. Schakowsky , Mr. Clay , Mr. Hinojosa , Mr. Honda , Ms. Moore , Mr. Rush , Ms. Wilson of Florida , Mr. Grijalva , and Mr. Serrano ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize funds to prevent housing discrimination through the use of nationwide testing, to increase funds for the Fair Housing Initiatives Program, and for other purposes. 1. Short title This Act may be cited as the Veterans, Women, Families with Children, Race, and Persons with Disabilities Housing Fairness Act of 2013 or the Housing Fairness Act of 2013 . 2. Testing for discrimination (a) In General The Secretary of Housing and Urban Development shall conduct a nationwide program of testing to— (1) detect and document differences in the treatment of persons seeking to rent or purchase housing or obtain or refinance a home mortgage loan, and measure patterns of adverse treatment because of the race, color, religion, sex, familial status, disability status, or national origin of a renter, home buyer, or borrower; and (2) measure the prevalence of such discriminatory practices across the housing and mortgage lending markets as a whole. (b) Administration The Secretary of Housing and Urban Development shall enter into agreements with qualified fair housing enforcement organizations, as such organizations are defined under subsection (h) of section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(h) ), for the purpose of conducting the testing required under subsection (a). (c) Program requirements The Secretary shall— (1) submit to the Congress an evaluation by the Secretary of the effectiveness of the program under this section; and (2) issue regulations that require each application for the program under this section to contain— (A) a description of the assisted activities proposed to be undertaken by the applicant; (B) a description of the experience of the applicant in formulating or carrying out programs to carry out the activities described in subsection (a); and (C) a description of proposed procedures to be used by the applicant for evaluating the results of the activities proposed to be carried out under the program. (d) Report The Secretary of Housing and Urban Development shall report to Congress— (1) on a biennial basis, the aggregate outcomes of testing required under subsection (a) along with any recommendations or proposals for legislative or administrative action to address any issues raised by such testing; and (2) on an annual basis, a detailed summary of the messages received by the Office of Fair Housing and Equal Opportunity of the Department through its 24-hour toll-free telephone hotline, through electronic mail, and through its website. The Secretary may submit the reports required under paragraph (1) of this subsection as part of the reports prepared in accordance with paragraphs (2) and (6) of section 808(e) of the Fair Housing Act ( 42 U.S.C. 3608(e) ) and section 561(j) of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a(j)). (e) Use of Results The results of any testing required under subsection (a) may be used as the basis for the Secretary, or any Federal agency authorized to bring such an enforcement action, or any State or local government or agency, public or private nonprofit organization or institution, or other public or private entity that the Secretary has entered into a contract or cooperative agreement with under section 561 of the Housing and Community Development Act of 1987 (42 U.S.C. 3616a) to commence, undertake, or pursue any investigation or enforcement action to remedy any discriminatory housing practice (as such term is defined in section 802 of the Fair Housing Act ( 42 U.S.C. 3602 )) uncovered as a result of such testing. (f) Definitions As used in this section: (1) Disability status The term disability status has the same meaning given the term handicap in section 802 of the Civil Rights Act of 1968 ( 42 U.S.C. 3602 ). (2) Familial status The term familial status has the same meaning given that term in section 802 of the Civil Rights Act of 1968 (42 U.S.C. 3602). (g) Relationship to other laws Nothing in this section may be construed to amend, alter, or affect any provision of criminal law or the Truth in Lending Act (15 U.S.C. 1601 et seq.). (h) Regulations Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue regulations that establish minimum standards for the training of testers of organizations conducting testing required under subsection (a). Such regulations shall serve as the basis of an evaluation of such testers, which shall be developed by the Secretary, and such regulations shall be issued after notice and an opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). (i) Authorization of Appropriations There are authorized to be appropriated to carry out the provisions of this section $15,000,000 for each of fiscal years 2014 through 2018. 3. Increase in funding for the Fair Housing Initiatives Program (a) In general Section 561 of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a ) is amended— (1) in subsection (b)— (A) in paragraph (1), by inserting qualified before private nonprofit fair housing enforcement organizations, ; and (B) in paragraph (2), by inserting qualified before private nonprofit fair housing enforcement organizations, ; (2) by striking subsection (g) and inserting the following: (g) Authorization of Appropriations (1) In general There are authorized to be appropriated to carry out the provisions of this section $42,500,000 for each of fiscal years 2014 through 2018, of which— (A) not less than 75 percent of such amounts shall be for private enforcement initiatives authorized under subsection (b); (B) not more than 10 percent of such amounts shall be for education and outreach programs under subsection (d); and (C) any remaining amounts shall be used for program activities authorized under this section. (2) Availability Any amount appropriated under this section shall remain available until expended to carry out the provisions of this section. ; (3) in subsection (h), in the matter following subparagraph (C), by inserting and meets the criteria described in subparagraphs (A) and (C) after subparagraph (B) ; and (4) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period and inserting ; and ; and (iii) by adding after subparagraph (D) the following new subparagraph: (E) websites and other media outlets. ; (B) in paragraph (2), by striking or other public or private entities and inserting or other public or private nonprofit entities ; and (C) in paragraph (3), by striking or other public or private entities and inserting or other public or private nonprofit entities . (b) Regulations Not later than the expiration of the 180-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall issue regulations that establish minimum standards for the training of testers of organizations funded with any amounts made available to carry out this section for any of fiscal years 2014 through 2018. Such regulations shall serve as the basis of an evaluation of such testers, which shall be developed by the Secretary, and shall be issued after notice and an opportunity for public comment in accordance with the procedure under section 553 of title 5, United States Code, applicable to substantive rules (notwithstanding subsections (a)(2), (b)(B), and (d)(3) of such section). 4. Sense of Congress It is the sense of Congress that the Secretary of Housing and Urban Development should— (1) fully comply with the requirements of section 561(d) of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(d) ) to establish, design, and maintain a national education and outreach program to provide a centralized, coordinated effort for the development and dissemination of the fair housing rights of individuals who seek to rent, purchase, sell, or facilitate the sale of a home; (2) expend for such education and outreach programs all amounts appropriated for such programs; (3) promulgate regulations regarding the fair housing obligations of each recipient of Federal housing and community development funds to affirmatively further fair housing, as that term is defined under title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.); and (4) fully comply with the requirements of section 810(a) of the Fair Housing Act ( 42 U.S.C. 3610(a) ). 5. Grants to private entities to study housing discrimination (a) Grant Program The Secretary of Housing and Urban Development shall carry out a competitive matching grant program to assist public and private nonprofit organizations in— (1) conducting comprehensive studies that examine— (A) the causes of housing discrimination and segregation; (B) the effects of housing discrimination and segregation on education, poverty, and economic development; or (C) the incidences, causes, and effects of housing discrimination and segregation on veterans and military personnel; and (2) implementing pilot projects that test solutions that will help prevent or alleviate housing discrimination and segregation. (b) Eligibility To be eligible to receive a grant under this section, a public or private nonprofit organization shall— (1) submit an application to the Secretary of Housing and Urban Development, containing such information as the Secretary shall require; (2) agree to provide matching non-Federal funds for 50 percent of the total amount of the grant, which matching funds may include items donated on an in-kind contribution basis; and (3) meet the requirements of a qualified fair housing enforcement organization, as such term is defined in section 561(h) of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(h) ), or subcontract with a qualified fair housing enforcement organization as a primary subcontractor. (c) Report The Secretary of Housing and Urban Development shall submit a report to the Congress on a biennial basis that provides a detailed summary of the results of the comprehensive studies and pilot projects carried out under subsection (a), together with any recommendations or proposals for legislative or administrative actions to address any issues raised by such studies. The Secretary may submit the reports required under this subsection as part of the reports prepared in accordance with paragraphs (2) and (6) of section 808(e) of the Fair Housing Act (42 U.S.C. 10 3608(e)) and section 561(j) of the Housing and Community Development Act of 1987 ( 42 U.S.C. 3616a(j) ). (d) Authorization of Appropriations There are authorized to be appropriated to carry out the provisions of this section $5,000,000 for each of fiscal years 2014 through 2018. 6. Limitation on use of funds None of the funds made available under this Act, or the amendments made by this Act, may be used for any political activities, political advocacy, or lobbying (as such terms are defined by Circular A–122 of the Office of Management and Budget, entitled Cost Principles for Non-Profit Organizations ), or for expenses for travel to engage in political activities or preparation of or provision of advice on tax returns.

https://www.govinfo.gov/content/pkg/BILLS-113hr285ih/xml/BILLS-113hr285ih.xml

113-hr-286

I 113th CONGRESS 1st Session H. R. 286 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to exclude from gross income certain State foster care program payments made to the biological parents of disabled children. 1. Exclusion from gross income of certain State foster care program payments made to biological parents of disabled children (a) In general Subsection (c) of section 131 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) Application to biological parents receiving payments through State foster care programs A payment made pursuant to a foster care program of a State or political subdivision thereof shall not fail to be treated as a difficulty of care payment which is excludible from gross income under subsection (a) solely because the qualified foster individual with respect to which such payment is made is the biological child of the foster care provider. . (b) Effective date The amendment made by this section shall apply to payments made in taxable years ending after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr286ih/xml/BILLS-113hr286ih.xml

113-hr-287

I 113th CONGRESS 1st Session H. R. 287 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Matheson introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require ratings label on video games and to prohibit the sales and rentals of adult-rated video games to minors. 1. Short title This Act may be cited as the Video Games Ratings Enforcement Act . 2. Rating label requirement for video games (a) Conduct prohibited It shall be unlawful for any person to ship or otherwise distribute in interstate commerce, or to sell or rent, a video game that does not contain a rating label, in a clear and conspicuous location on the outside packaging of the video game, containing an age-based content rating determined by the Entertainment Software Ratings Board. (b) Requirement of retailers To post ratings information Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall promulgate rules requiring all retail establishments engaged in the sale of video games to display, in a clear and conspicuous location, information about the content rating system of the Entertainment Software Ratings Board. Such rules shall prescribe the information required to be displayed concerning the basic age-based content ratings of such Board. 3. Prohibition on sales and rentals of adult-rated video games to minors It shall be unlawful for any person to sell or rent, or attempt to sell or rent— (1) any video game containing a content rating of Adults Only (as determined by the Entertainment Software Ratings Board) to any person under the age of 18; or (2) any video game containing a content rating of Mature (as determined by such Board) to any person under the age of 17. 4. Enforcement by the Federal Trade Commission (a) Unfair or Deceptive Act or Practice A violation of sections 2 or 3 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). 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. (b) Penalty Notwithstanding section 5(m) of the Federal Trade Commission Act ( 15 U.S.C. 45(m) ), any person who violates section 2 or 3 of this Act shall be subject to a civil penalty of not more than $5,000 per violation.

https://www.govinfo.gov/content/pkg/BILLS-113hr287ih/xml/BILLS-113hr287ih.xml

113-hr-288

I 113th CONGRESS 1st Session H. R. 288 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Michaud (for himself and Mr. Walz ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to increase the maximum age for children eligible for medical care under the CHAMPVA program. 1. Short title This Act may be cited as the CHAMPVA Children’s Protection Act of 2013 . 2. Increase of maximum age for children eligible for medical care under CHAMPVA program (a) Increase Section 1781(c) of title 38, United States Code, is amended— (1) by striking twenty-three and inserting twenty-six ; and (2) by striking twenty-third birthday and inserting twenty-sixth birthday . (b) Effective Date The amendments made by subsection (a) shall apply with respect to medical care provided on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr288ih/xml/BILLS-113hr288ih.xml

113-hr-289

I 113th CONGRESS 1st Session H. R. 289 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Moran introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the National Voter Registration Act of 1993 to modernize State voting systems by allowing for increased use of the Internet in voter registration, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Value Our Time Elections Act or the VOTE Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—PROMOTING INTERNET REGISTRATION Sec. 101. Requiring availability of Internet for voter registration. Sec. 102. Use of Internet to update registration information. TITLE II—AUTOMATED REGISTRATION OF CERTAIN INDIVIDUALS Sec. 201. Automated voter registration. Sec. 202. List maintenance, privacy, and security. Sec. 203. Promoting accuracy of Statewide voter registration lists. Sec. 204. Definitions. TITLE III—SHORTENING VOTER WAIT TIMES AND EARLY VOTING Sec. 301. Equitable allocation of voting systems, poll workers, and election resources. Sec. 302. Early voting. Sec. 303. Conforming amendment to enforcement provision. TITLE IV—GENERAL PROVISIONS Sec. 401. Effective date. I Promoting Internet Registration 101. Requiring availability of Internet for voter registration (a) Requiring Availability of Internet for Registration The National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. ) is amended by inserting after section 6 the following new section: 6A. Internet Registration (a) Requiring Availability of Internet for Online Registration (1) Availability of online registration Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a): (A) Online application for voter registration. (B) Online assistance to applicants in applying to register to vote. (C) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature in electronic form as required under subsection (c). (D) Online receipt of completed voter registration applications. (b) Acceptance of completed applications A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— (1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and (2) the individual provides a signature in electronic form in accordance with subsection (c) (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). (c) Signatures in electronic form For purposes of this section, an individual provides a signature in electronic form by— (1) executing a computerized mark in the signature field on an online voter registration application; or (2) submitting with the application an electronic copy of the individual’s handwritten signature through electronic means. (d) Confirmation and disposition (1) Confirmation of receipt Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the application and providing instructions on how the individual may check the status of the application. (2) Notice of disposition As soon as the appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall send the individual a notice of the disposition of the application. (3) Method of notification The appropriate State or local election official shall send the notices required under this subsection by regular mail, and, in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by both electronic mail and regular mail. (e) Provision of Services in Nonpartisan Manner The services made available under subsection (a) shall be provided in a manner that ensures that, consistent with section 7(a)(5)— (1) the online application does not seek to influence an applicant’s political preference or party registration; and (2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. (f) Protection of Security of Information In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). (g) Use of Additional Telephone-Based System A State shall make the services made available online under subsection (a) available through the use of an automated telephone-based system, subject to the same terms and conditions applicable under this section to the services made available online, in addition to making the services available online in accordance with the requirements of this section. (h) Nondiscrimination among registered voters using mail and online registration In carrying out this Act, the Help America Vote Act of 2002 (42 U.S.C. 15301 et seq.), or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail. . (b) Special requirements for individuals using online registration (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(1)(A) ) is amended by striking by mail and inserting by mail or online under section 6A of the National Voter Registration Act of 1993 . (2) Requiring signature for first-time voters in jurisdiction Section 303(b) of such Act ( 42 U.S.C. 15483(b) ) is amended— (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following new paragraph: (5) Signature requirements for first-time voters using online registration (A) In general A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if— (i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and (ii) the individual has not previously voted in an election for Federal office in the State. (B) Requirements An individual meets the requirements of this subparagraph if— (i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or (ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. (C) Inapplicability Subparagraph (A) does not apply in the case of an individual who is— (i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 et seq. ); (ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or (iii) entitled to vote otherwise than in person under any other Federal law. . (3) Conforming amendment relating to effective date Section 303(d)(2)(A) of such Act ( 42 U.S.C. 15483(d)(2)(A) ) is amended by striking Each State and inserting Except as provided in subsection (b)(5), each State . (c) Conforming Amendments (1) Timing of registration Section 8(a)(1) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(a)(1) ) is amended— (A) by striking and at the end of subparagraph (C); (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following new subparagraph: (D) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 30 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and . (2) Informing applicants of eligibility requirements and penalties Section 8(a)(5) of such Act ( 42 U.S.C. 1973gg–6(a)(5) ) is amended by striking and 7 and inserting 6A, and 7 . 102. Use of Internet to update registration information (a) In General (1) Updates to information contained on computerized statewide voter registration list Section 303(a) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended by adding at the end the following new paragraph: (6) Use of Internet by registered voters to update information (A) In general The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter’s registration information, including the voter’s address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993. (B) Processing of updated information by election officials If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall— (i) revise any information on the computerized list to reflect the update made by the voter; and (ii) if the updated registration information affects the voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election. (C) Confirmation and disposition (i) Confirmation of receipt Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the updated information and providing instructions on how the individual may check the status of the update. (ii) Notice of disposition As soon as the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update. (iii) Method of notification The appropriate State or local election official shall send the notices required under this subparagraph by regular mail, and, in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by both electronic mail and regular mail. . (2) Conforming amendment relating to effective date Section 303(d)(1)(A) of such Act ( 42 U.S.C. 15483(d)(1)(A) ) is amended by striking subparagraph (B) and inserting subparagraph (B) and subsection (a)(6) . (b) Ability of registrant To use online update To provide information on residence Section 8(d)(2)(A) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(d)(2)(A) ) is amended— (1) in the first sentence, by inserting after return the card the following: or update the registrant’s information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(a)(6) ) ; and (2) in the second sentence, by striking returned, and inserting the following: returned or if the registrant does not update the registrant’s information on the computerized Statewide voter registration list using such online method, . II Automated Registration of Certain Individuals 201. Automated voter registration (a) Collection of information by source agencies (1) Duties of source agencies Each source agency in a State (as defined in subsection (e)) shall, with each application for services or assistance by an individual, and with each recertification, renewal, or change of address relating to such services or assistance— (A) notify each such individual of the substantive qualifications of an elector in the State, using language approved by the State’s chief election official; (B) notify each such individual that there is an opportunity to be registered to vote or update voter registration, but that voter registration is voluntary, and that neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes; (C) require that each such individual indicate, after considering the substantive qualification of an elector in the State, whether or not the person wishes to be registered; (D) ensure that each such individual’s transaction with the agency cannot be completed until the individual has indicated whether he or she wishes to register to vote; and (E) for each such individual who consents to using the individual’s records with the source agency to enable the individual to register to vote under this section, collect a signed affirmation of eligibility to register to vote in the State. (2) No effect on right to decline voter registration Nothing in this subtitle shall be construed to interfere with the right of any person to decline to be registered to vote for any reason. (b) Transfer of information on individuals consenting to voter registration (1) Transfer For each individual who notifies the source agency that the individual consents to voter registration under this section, the source agency shall transfer to the chief State election official of the State the following data, to the extent the data is available to the source agency: (A) The given name or names and surname or surnames. (B) Date of birth. (C) Residential address. (D) Mailing address. (E) Signature, in electronic form. (F) Date of the last change to the information. (G) The motor vehicle driver’s license number. (H) The last four digits of the Social Security number. (2) Timing of transfer The source agency shall transfer the data described in paragraph (1) to the chief State election official on a daily basis. (3) Format The data transferred under paragraph (1) shall be transferred in a format compatible with the Statewide computerized voter registration list under section 303 of the Help America Vote Act of 2002 ( 42 U.S.C. 15483 ). (4) Prohibiting storage of information Any information collected by the source agency under this section with respect to an individual who consents to register to vote under this section may not be stored by the source agency in any form after the information is transferred to the chief State election official under paragraph (1). (c) Registration of Individuals by Chief State Election Official (1) Comparison with Statewide voter registration list Upon receiving information from a source agency with respect to an individual under subsection (b), the chief State election official shall determine whether the individual is included in the computerized Statewide voter registration list established and maintained under section 303 of the Help America Vote Act of 2002 ( 42 U.S.C. 15483 ). (2) Registration of individuals not on Statewide list If an individual for whom information is received from a source agency under subsection (b) is eligible to vote in elections for Federal office in the State and is not on the computerized Statewide voter registration list, the chief State election official shall— (A) ensure that the individual is registered to vote in such elections not later than 5 days after receiving the information, without regard to whether or not the information provided by the source agency includes the individual’s signature; (B) update the Statewide computerized voter registration list to include the individual; and (C) notify the individual that the individual is registered to vote in elections for Federal office in the State. (3) Treatment of information incorrectly provided If a source agency provides the chief State election official with information with respect to an individual who did not consent to be registered to vote under this section, the chief State election official shall not take any action to register the individual to vote, except that no such individual who is already included on the computerized Statewide voter registration list shall be removed from the list solely because the information was incorrectly provided under subsection (b). (4) No effect on other means of registration Nothing in this section affects a State’s obligation to register voters upon receipt of a valid voter registration application through means provided by National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg et seq. ), the Internet registration procedure described in section 101, or other valid means. (5) Individuals in existing records No later than January 2015, each individual who is listed in a source agency’s records and for whom there exists reason to believe the individual is a citizen and not otherwise ineligible to vote shall be mailed a postage pre-paid return postcard including a box for the individual to check, together with the statement (in close proximity to the box and in prominent type), By checking this box, I affirm that I am a citizen of the United States, am eligible to vote in this State, and will be at least eighteen years old by the next general election. I understand that by checking this box, I will be registered to vote if I am eligible to vote in the State. , along with a clear description of the voting eligibility requirements in the State. The postcard shall also include, where required for voter registration, a place for the individual’s signature and designation of party affiliation. An individual who checks the box and returns the completed postcard postmarked not later than the lesser of the fifteenth day before an election for Federal office, or the period provided by State law, shall be registered to vote in that election. (d) Options for State To require special treatment of individuals registered automatically (1) Treatment as individuals registering to vote by mail for purposes of first-time voter identification requirements Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(b)(1)(A) ), as amended by section 101(b)(1), is amended by striking of 1993 and inserting of 1993 or (at the option of the State) was registered automatically under section 102 of the Voting Line Reduction and Online Registration Act . (2) Requiring signature Section 303(b) of such Act ( 42 U.S.C. 15483(b) ), as amended by section 101(b)(2), is amended— (A) by redesignating paragraph (6) as paragraph (7); and (B) by inserting after paragraph (5) the following new paragraph: (6) Option for State to require signature requirements for first-time voters registered automatically (A) In general A State may, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if— (i) the individual was registered to vote in the State automatically under section 101 of the Voting Line Reduction and Online Registration Act; and (ii) the individual has not previously voted in an election for Federal office in the State. (B) Requirements An individual meets the requirements of this subparagraph if— (i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or (ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. (C) Inapplicability Subparagraph (A) does not apply in the case of an individual who is— (i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–1 et seq. ); (ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or (iii) entitled to vote otherwise than in person under any other Federal law. . (3) Conforming amendment relating to effective date Section 303(d)(2)(A) of such Act ( 42 U.S.C. 15483(d)(2)(A) ), as amended by section 101(b)(3), is amended by striking subsection (b)(5) and inserting subsections (b)(5) and (b)(6) . (e) Source agencies described (1) In general With respect to any State, a source agency is— (A) each State office which is described in paragraph (2); and (B) each Federal office which is described in paragraph (3) which is located in the State, except that such office shall be a source agency only with respect to individuals who are residents of the State in which the office is located. (2) State offices described (A) In general The State offices described in this paragraph are as follows: (i) The State motor vehicle authority. (ii) Each office in the State which is designated as a voter registration agency in a State pursuant to section 7(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–5(a)). (iii) Each State agency that administers a program providing assistance pursuant to pursuant to title III of the Social Security Act ( 42 U.S.C. 501 et seq. ). (iv) Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools in the State, including, where applicable, the State agency responsible for maintaining the education data system described in section 6401(e)(2) of the America COMPETES Act (20 U.S.C. 9871(e)(2)). (v) In the case of a State in which an individual disenfranchised by a criminal conviction may become eligible to vote upon completion of criminal sentence or any part thereof, or upon formal restoration of rights, the State agency responsible for administering that sentence, or part thereof, or that restoration of rights. (vi) In the case of a State in which an individual disenfranchised by adjudication of mental incompetence or similar condition becomes eligible to register to vote upon the restoration of competence or similar condition, each State agency responsible for determining when competence or a similar condition is met. (vii) Such other office which may be designated as a source agency by the chief State election official of the State. (B) Criteria for designation of additional source agencies In designating offices of the State as source agencies for purposes of subparagraph (A)(vii), the chief State election official shall give priority on the basis of the following criteria: (i) The extent to which individuals receiving services or assistance from the office are likely to be individuals who are eligible to register to vote in elections for Federal office in the State but who are not registered to vote in such elections. (ii) The accuracy of the office’s records with respect to identifying information (including age, citizenship status, and residency) for individuals receiving services or assistance from the office. (iii) The cost-effectiveness of obtaining such identifying information and transmitting the information to the chief State election official. (iv) The extent to which the designation of the office as a voter registration agency will promote the registration of eligible individuals to vote in elections for Federal office in the State and the accuracy of the State’s Statewide computerized voter registration list under the Help America Vote Act of 2002 ( 42 U.S.C. 15301 et seq. ). (3) Federal offices described The Federal offices described in this paragraph are as follows: (A) Armed Forces recruitment offices. (B) The United States Immigration and Customs Enforcement Bureau, but only with respect to individuals who complete the naturalization process. (C) The Social Security Administration. (D) The Administrative Office of the United States Courts, the Federal Bureau of Prisons, and the United States Probation Service, but only with respect to individuals completing terms of prison, sentences, probation, or parole. (E) The Department of Veterans Affairs, but only with respect to individuals applying for or using health care services or services for homeless individuals. (F) The Defense Manpower Data Center of the Department of Defense. (G) The Indian Health Services of the Department of Health and Human Services. (H) The Center for Medicare and Medicaid Services of the Department of Health and Human Services. (I) Any other Federal office which is designated by a State (with the consent of the President) as a source agency with respect to the State. 202. List maintenance, privacy, and security (a) Database management standards (1) Database matching standards The chief State election official of each State shall establish standards governing the comparison of data on the Statewide computerized voter registration list under section 303 of the Help America Vote Act of 2002 ( 42 U.S.C. 15483 ), the data provided by various source agencies under section 201, and relevant data from other sources, including the specific data elements and data matching rules to be used for purposes of determining— (A) whether a data record from any source agency represents the same individual as a record in another source agency or on the statewide list; (B) whether a data record from any source agency represents an individual already registered to vote in the State; (C) whether two data records in the statewide computerized voter registration list represent duplicate records for the same individual; (D) whether a data record supplied by any list maintenance source represents an individual already registered to vote in the State; and (E) which information will be treated as more current and reliable when data records from multiple sources present information for the same individual. (2) Standards for determining ineligibility The chief State election official of a State shall establish uniform and non-discriminatory standards describing the specific conditions under which an individual will be determined for list maintenance purposes to be ineligible to vote in an election for Federal office in the State. (b) Privacy and security standards (1) Privacy and security policy The chief State election official of a State shall publish and enforce a privacy and security policy specifying each class of users who shall have authorized access to the computerized Statewide voter registration list, specifying for each such class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy and security of the information on the list. Such policy shall include security safeguards to protect personal information in the data transfer process under section 201, the online or telephone interface, the maintenance of the voter registration database, and audit procedure to track individual access to the system. (2) No unauthorized access The chief State election official of a State shall establish policies and enforcement procedures to prevent unauthorized access to or use of the computerized statewide voter registration list, any list or other information provided by a source agency under section 201, or any maintenance source for the list. Nothing in this paragraph shall be construed to prohibit access to information required for purposes of voter registration, election administration, and the enforcement of election laws. (3) Inter-agency transfers (A) In general The chief State election official of a State shall establish policies and enforcement procedures to maintain security during inter-agency transfers of information required or permitted under this title. Each State agency and third party participating in such inter-agency transfers of information shall facilitate and comply with such policies. Nothing in this subparagraph shall prevent a source agency under section 201 from establishing and enforcing additional security measures to protect the confidentiality and integrity of inter-agency data transfers. No State or local election official shall transfer or facilitate the transfer of information from the computerized statewide voter registration list to any source agency under section 201. (B) Transmission through secure third parties permitted Nothing in this section shall be construed to prevent a source agency under section 201 from contracting with a third party to assist in the transmission of data to a chief State election official, so long as the data transmission complies with the applicable requirements of this title, including the privacy and security provisions of this section. (4) Records retention The chief State election official of a State shall establish standards and procedures to maintain all election records required for purposes of this title, including for the purpose of determining the eligibility of persons casting provisional ballots under section 302 of the Help America Vote Act of 2002 (42 U.S.C. 15482). Records for individuals who have been retained on the computerized statewide voter registration list under section 301 of such Act (42 U.S.C. 15481) but identified as ineligible to vote in an election for Federal office within the State, or removed from the list due to ineligibility, shall be maintained and kept available until at least the date of the second general election for Federal office that occurs after the date that the individual was identified as ineligible. (c) Publication of standards The chief State election official of a State shall publish on the official’s website the standards established under this section, and shall make those standards available in written form upon public request. (d) Protection of source information The identity of the specific source agency through which an individual consented to register to vote under section 201 shall not be disclosed to the public and shall not be retained after the individual is added to the computerized statewide voter registration list. (e) Confidentiality of personal information The chief State election official of a State shall establish policies and enforcement procedures to ensure that personal information provided by source agencies or otherwise transmitted under this section is kept confidential and is available only to authorized users. For purposes of these policies and procedures, the term personal information means, with respect to an individual any of the following: (1) Any portion of a Social Security number. (2) Any portion of a vehicle driver’s license number or State identification card number. (3) A signature. (4) A personal residence and contact information (in the case of an individuals with respect to whom such information is required to be maintained as confidential under State law). (5) Sensitive information relating to any individual in a category designated as confidential by Federal or State law, including a victim of domestic violence or stalking, a prosecutor and member of law enforcement personnel, and a participant in a witness protection program. (6) A phone number. (7) An email address. (8) Citizenship status. (9) Such other information as the chief State election official may designate as confidential to the extent reasonably necessary to prevent identity theft or impersonation, except that the chief State election official may not designate as confidential under this subparagraph the name, address, or date of registration of an individual, or, where applicable, the self-identified racial or ethnic category of the individual as applicable under Revisions to OMB Directive Number 15 or successor directives. (f) Protections against liability of individuals on basis of information transferred (1) No individual liability for registration of ineligible individual If an individual who is not eligible to register to vote in elections for Federal office is registered to vote in such elections by a chief State election official under section 201, the individual shall not be subject to any penalty, including the imposition of a fine or term of imprisonment, adverse treatment in any immigration or naturalization proceeding, or the denial of any status under immigration laws, under any law prohibiting an individual who is not eligible to register to vote in elections for Federal office from registering to vote in such elections. Nothing in this paragraph shall be construed to waive the liability of any individual who knowingly provides false information to any person regarding the individual’s eligibility to register to vote or vote in elections for Federal office. (2) Prohibiting use of information by officials No person acting under color of law may use the information received by the chief State election official under section 201 to attempt to determine the citizenship status of any individual for immigration enforcement, criminal law enforcement (other than enforcement of election laws), or any purpose other than voter registration, election administration, or the enforcement of election laws. (g) Prohibition on transfer of information irrelevant to administration of elections No source agency shall transmit any information under section 201 which is irrelevant to the administration of elections. To the extent that an election official receives any information which is accidentally or inadvertently transferred by a source agency under such section, the official shall immediately delete the information from the official’s records. (h) Restriction on use of information No information relating to an individual’s absence from the statewide voter registration list under section 303 of the Help America Vote Act of 2002 (42 U.S.C. 15483) or an individual’s declination to supply information for voter registration purposes to a source agency under section 201 may be disclosed to the public for immigration enforcement, criminal law enforcement other than enforcement of laws against election crimes, or used for any purpose other than voter registration, election administration, or the enforcement of election laws. (i) Nondiscrimination No person acting under color of law may discriminate against any individual on the basis of the individual’s absence from the statewide voter registration list, the information supplied by the individual for voter registration purpose to a source agency under section 201, or the individual’s declination to supply such information, except as required for purposes of voter registration, election administration, and the enforcement of election laws. (j) Prohibition on the use of voter registration information for commercial or non-Governmental purposes Voter registration information collected under this title shall not be used for commercial purposes including for comparison with any existing commercial list or database. (k) Penalty Whoever knowingly uses information or permits information to be used in violation of this section shall be imprisoned for not more than 1 year, fined under title 18, United States Code, or both. (l) Exclusion from lists of individuals declining registration The chief State election official of a State shall ensure that, with respect to any individual who declines the opportunity to register to vote under section 201, the individual’s information is not included on the computerized Statewide voter registration list under section 303 of the Help America Vote Act of 2002 (42 U.S.C. 15483) and is not provided to any third party (except to the extent required under another Federal or State law). Nothing in this subsection shall be construed to preclude an individual who has previously declined the opportunity to register to vote from subsequently registering to vote. 203. Promoting accuracy of Statewide voter registration lists (a) Deadlines for transmittal of change of address or other identifying information (1) Information received by State motor vehicle authority Section 5(d) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–3(d) ) is amended to read as follows: (d) Automatic transmittal of change of address or other identifying information Not later than 24 hours after receiving a change of address form or any other information indicating that identifying information with respect to an individual which is included in the records of the State motor vehicle authority has been changed, the State motor vehicle authority shall transmit such form or other information to the chief State election official, unless— (1) the records of the authority include information indicating that the individual is not eligible to register to vote in the State; or (2) the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes. . (2) Information received by other voter registration agencies Section 7 of such Act ( 42 U.S.C. 1973gg–5 ) is amended by adding at the end the following new subsection: (e) Automatic transmittal of change of address or other identifying information Not later than 24 hours after receiving a change of address form or any other information indicating that identifying information with respect to an individual which is included in the records of a voter registration agency designated under this section has been changed, the appropriate official of such agency shall transmit such form or other information to the chief State election official, unless— (1) the records of the agency include information indicating that the individual is not eligible to register to vote in the State; or (2) the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes. . (3) Information received from source agencies Not later than 24 hours after receiving a change of address form or any other information indicating that identifying information with respect to an individual which is included in the records of a source agency designated under section 201 has been changed, the appropriate official of such agency shall transmit such form or other information to the chief State election official, unless— (A) the records of the agency include information indicating that the individual is not eligible to register to vote in the State; or (B) the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes. (b) Revision of Statewide computerized list To reflect revised information Section 303(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15483(a) ), as amended by section 102(a), is amended by adding at the end the following new paragraph: (7) Revision of list to reflect information received from other State offices (A) In general If a State motor vehicle authority (pursuant to section 5(d) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–3(d) )) a voter registration agency (designated under section 7 of such Act ( 42 U.S.C. 1973gg–5 )), or a source agency (designated under section 201 of the Voting Line Reduction and Online Registration Act) transmits to the chief State election official a change of address form or any other information indicating that identifying information with respect to an individual has been changed, the appropriate State or local election official shall— (i) determine whether the individual appears on the computerized list established under this section; and (ii) if the individual appears on the list, revise the information relating to the individual on the list to reflect the individual’s new address or other changed identifying information. (B) Notification to voters If an election official revises any voter registration information on the computerized list with respect to any voter (including removing the voter from the list), immediately after revising the information, the official shall send the individual a written notice of the revision which includes the following information: (i) The voter’s name, date of birth, and address, as reflected in the revised information on the computerized list. (ii) A statement that the voter’s voter registration information has been updated. (iii) Information on how to correct information on the computerized list. (iv) A statement of the eligibility requirements for registered voters in the State. (v) A statement (in larger font size than the other statements on the notice) that it is illegal for an individual who does not meet the eligibility requirements for registered voters in the State to vote in an election in the State. (vi) A statement that the voter may terminate the voter’s status as a registered voter in the State, or request a change in the voter’s voter registration information, at any time by contacting the appropriate State or local election official, together with contact information for such official (including any website through which the voter may contact the official or obtain information on voter registration in the State). (C) Use of electronic mail If an election official has an electronic mail address for any voter to whom the official is required to send a written notice under this paragraph, the official may meet the requirements of this paragraph by sending the notice to the voter in electronic form at that address, but only if prior to sending the notice, the official sends a test electronic mail to the voter at that address and receives confirmation that the address is current and valid. . (c) Effective date The amendments made by this section shall apply with respect to elections occurring during 2014 or any succeeding year. 204. Definitions (a) Chief State election official In this title, the term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–8 ) to be responsible for coordination of the State’s responsibilities under such Act. (b) State In this title, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa, but does not include any State in which, under a State law in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for individuals in the State with respect to elections for Federal office. III Shortening Voter Wait Times and Early Voting 301. Equitable allocation of voting systems, poll workers, and election resources (a) In general Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by adding at the end the following new subtitle: C Additional Requirements 321. Minimum Required Voting Systems and Poll Workers (a) In General Each State shall provide for the minimum required number of voting systems, poll workers, and other election resources (including all other physical resources) for each voting site on the day of any Federal election and on any days during which such State allows early voting for a Federal election in accordance with the standards determined under subsection (c). (b) Voting Site For purposes of this section, the term voting site means a polling location, except that in the case of any polling location which serves more than 1 precinct, such term shall mean a precinct. (c) Guidance and Standards (1) In general Not later than January 1, 2014, the Commission shall conduct a study and then issue standards that establish a minimum number of voting systems, poll workers, and other election resources (including all other physical resources) for each voting site on the day of any Federal election and on any days during which early voting is allowed for a Federal election. (2) Distribution (A) In general The standards described in paragraph (1) shall provide for a uniform and nondiscriminatory distribution of such systems, workers, and other resources, and, to the extent possible, shall take into account, among other factors, the following: (i) The voting age population. (ii) Voter turnout in past elections. (iii) The number of voters registered. (iv) The number of voters who have registered since the most recent Federal election. (v) Census data for the population served by such voting site. (vi) The educational levels and socio-economic factors of the population served by such voting site. (vii) The needs and numbers of voters with disabilities and voters with limited English proficiency. (viii) The type of voting systems used. (B) No factor dispositive The standards shall provide that the distribution of such systems should take into account the totality of all relevant factors, and no single factor shall be dispositive under the standards. (C) Purpose To the extent possible, the standards shall provide for a distribution of voting systems, poll workers, and other election resources with the goals of— (i) ensuring a fair and equitable waiting time for all voters in the State; and (ii) preventing a waiting time of over 1 hour at any voting site. (3) Deviation The standards described in paragraph (1) shall permit States, upon giving reasonable public notice, to deviate from any allocation requirements in the case of unforeseen circumstances such as a natural disaster or terrorist attack. 322. Allocation of Election Resources (a) State Plans To Prevent Unreasonable Voter Waiting Times (1) In general Not later than 60 days before each election for Federal office, each State shall submit a written plan to the Commission describing the measures it is implementing to ensure, to the greatest extent possible, an equitable waiting time for all voters in the State, and a waiting time of less than 1 hour at any polling place in the election. (2) Publication Not later than 30 days after receiving a State plan under paragraph (1), the Commission shall make the plan available to the public. (b) Remedial Plans for States With Excessive Voter Wait Times (1) Compliance with State remedial plans (A) Remedial plans Each jurisdiction for which the Commission determines that a substantial number of voters waited more than 90 minutes to cast a vote in an election for Federal office, or in which there were substantial violations of the standards established under section 321(c) with respect to an election for Federal office, shall comply with a State remedial plan established by the Commission to provide for the effective allocation of resources to administer elections held in the State and to reduce the waiting time of voters. (B) Coordination with Attorney General and States Each remedial plan established by the Commission shall provide for coordination between the Commission, the Attorney General, and the State involved to monitor the compliance of the State with the remedial plan during the period leading up to the election and on the date of the election and to respond to serious delays in the ability of voters to cast their ballots at polling places. (2) Jurisdiction defined For purposes of this paragraph, the term jurisdiction has the meaning given the term registrar’s jurisdiction in section 8(j) of the National Voter Registration Act of 1993 ( 42 U.S.C. 1973gg–6(j) ). (c) Emergency Ballots (1) In general In the event of a failure of voting equipment or other circumstance at a polling place that causes an unreasonable delay, any individual who is waiting at the polling place to cast a ballot in an election for Federal office at the time of the failure shall be advised immediately of the individuals right to use an emergency paper ballot, and upon request shall be provided with an emergency paper ballot for the election and the supplies necessary to mark the ballot. (2) Disposition of ballot Any emergency paper ballot which is cast by an individual under this subsection shall be counted in the same manner as a regular ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot in the absence of the delay, in which case that ballot shall be treated in the same manner as a provisional ballot. . (b) Clerical amendments The table of contents of such Act is amended by adding at the end of the items relating to title III the following: Subtitle C—Additional Requirements Sec. 321. Minimum required voting systems and poll workers. Sec. 322. Allocation of election resources. . 302. Early voting (a) Requirements Subtitle C of title III of the Help America Vote Act of 2002, as added by section 301, is amended by adding at the end the following new section: 323. Early voting (a) In general During the 7-day period (or, at the option of the State, a longer period) which ends on the date of an election for Federal office, each State shall allow individuals to vote in the election in the same manner as voting is allowed on the date of such election. (b) Minimum Early Voting Requirements Each polling place which allows voting prior to the day of a Federal election pursuant to subsection (a) shall— (1) allow such voting for no less than 4 hours on each day (other than Sunday); and (2) have minimum uniform hours each day for which such voting occurs. (c) Standards for early voting (1) Standards (A) In general The Commission shall issue standards for the administration of voting prior to the day scheduled for a Federal election. (B) Standards for polling places Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs and the public listing of the date, time, and location of polling places no earlier than 10 days before the date on which such voting begins. (C) Consultation Such standards shall be developed in consultation with civil rights, voting rights, and voting protection organizations, State and local election officials, and other interested members of the community. (2) Deviation The standards described in paragraph (1) shall permit States, upon giving reasonable public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster or a terrorist attack. . (b) Clerical amendment The table of contents of such Act, as amended by section 301, is amended by adding at the end of the items relating to subtitle C of title III the following: Sec. 323. Early voting. . 303. Conforming amendment to enforcement provision Section 401 of the Help America Vote Act of 2002 ( 42 U.S.C. 15511 ) is amended by striking sections 301, 302, and 303 and inserting subtitles A and C of title III . IV General Provisions 401. Effective date (a) In general Except as provided in subsection (b) and section 203(c), the amendments made by this Act shall take effect on January 1, 2014. (b) Waiver Subject to the approval of the Election Assistance Commission, if a State certifies to the Election Assistance Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to January 1, 2014 were a reference to January 1, 2016 .

https://www.govinfo.gov/content/pkg/BILLS-113hr289ih/xml/BILLS-113hr289ih.xml

113-hr-290

I 113th CONGRESS 1st Session H. R. 290 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Nadler (for himself, Mr. Johnson of Georgia , Mr. Moran , Mr. Blumenauer , Ms. Schakowsky , Mr. Ellison , Ms. McCollum , and Mr. Welch ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title 31, United States Code, to eliminate the statutory cap on the public debt and to place limitations on the purposes for which public debt may be issued. 1. Short title This Act may be cited as the Full Faith and Credit Act of 2013 . 2. Limitation on obligations (a) In general Section 3101 of title 31, United States Code, is amended to read as follows: 3101. Limitation on obligations Obligations may only be issued under this chapter to fund commitments incurred by the Federal Government that require current funding. . (b) Conforming amendments (1) Section 3130(e)(2) of title 31, United States Code, is amended by inserting , as in effect on the day before the date of the enactment of the Full Faith and Credit Act of 2011 before the period at the end. (2) The table of contents for chapter 31 of title 31, United States Code, is amended by amending the item relating to section 3101 to read as follows: 3101. Limitation on obligations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr290ih/xml/BILLS-113hr290ih.xml

113-hr-291

I 113th CONGRESS 1st Session H. R. 291 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mrs. Noem introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the conveyance of certain cemeteries that are located on National Forest System land in Black Hills National Forest, South Dakota. 1. Short title This Act may be cited as the Black Hills Cemetery Act . 2. Land conveyances, certain cemeteries located in Black Hills National Forest, South Dakota (a) Cemetery conveyances required The Secretary of Agriculture shall convey, without consideration, to the local communities in South Dakota that are currently managing and maintaining certain community cemeteries (as specified in subsection (b)) all right, title, and interest of the United States in and to— (1) the parcels of National Forest System land containing such cemeteries; and (2) up to an additional two acres adjoining each cemetery in order to ensure the conveyances include unmarked gravesites and allow for expansion of the cemeteries. (b) Property and recipients The properties to be conveyed under subsection (a), and the recipients of each property, are as follows: (1) The Silver City Cemetery to the Silver City Volunteer Fire Department. (2) The Hayward Cemetery to the Hayward Volunteer Fire Department. (3) The encumbered land adjacent to the Englewood Cemetery (encompassing the cemetery entrance portal, access road, fences, 2,500 gallon reservoir and building housing such reservoir, and piping to provide sprinkling system to the cemetery) to the City of Lead. (4) The land adjacent to the Mountain Meadow Cemetery to the Mountain Meadow Cemetery Association. (5) The Roubaix Cemetery to the Roubaix Cemetery Association. (6) The Nemo Cemetery to the Nemo Cemetery Association. (7) The Galena Cemetery to the Galena Historical Society. (8) The Rockerville Cemetery to the Rockerville Community Club. (9) The Cold Springs Cemetery (including adjacent school yard and log building) to the Cold Springs Historical Society. (c) Condition of conveyance Each conveyance under subsection (a) shall be subject to the condition that the recipient accept the conveyed real property in its condition at the time of the conveyance. (d) Use of land conveyed The lands conveyed under subsection (a) shall continue to be used in the same manner and for the same purposes as they were immediately prior to their conveyance under this Act. (e) Description of property The exact acreage and legal description of each parcel of real property to be conveyed under subsection (a) shall be determined by surveys satisfactory to the Secretary. The cost of the survey for a particular parcel shall be borne by the recipient of such parcel. (f) Additional terms and conditions The Secretary may require such additional terms and conditions in connection with the conveyances under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr291ih/xml/BILLS-113hr291ih.xml

113-hr-292

I 113th CONGRESS 1st Session H. R. 292 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Ms. Norton (for herself, Ms. Bordallo , Mr. Blumenauer , Mrs. Christensen , Mr. Clay , Mr. Cohen , Mr. Conyers , Mr. Ellison , Mr. Farr , Mr. Faleomavaega , Mr. Honda , Mr. Nadler , Mrs. Napolitano , Mr. Polis , Mr. Rangel , and Mr. Rush ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the admission of the State of New Columbia into the Union. 1. Short title; table of contents (a) Short title This Act may be cited as the New Columbia Admission Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—State of New Columbia Subtitle A—Procedures for Admission Sec. 101. Admission into the Union. Sec. 102. Process for admission. Sec. 103. Election of officials of State. Sec. 104. Issuance of Presidential proclamation. Subtitle B—Description of New Columbia Territory Sec. 111. Territories and boundaries of New Columbia. Sec. 112. Description of District of Columbia after admission of State. Sec. 113. Continuation of title to lands and property. Subtitle C—General Provisions Relating to Laws of New Columbia Sec. 121. Limitation on authority of State to tax Federal property. Sec. 122. Effect of admission of State on current laws. Sec. 123. Continuation of judicial proceedings. Sec. 124. United States nationality. Title II—Responsibilities and Interests of Federal Government Sec. 201. Continuation of revised District of Columbia as seat of Federal Government. Sec. 202. Treatment of military lands. Sec. 203. Waiver of claims to Federal lands and property. Sec. 204. Permitting individuals residing in new seat of government to vote in Federal elections in State of most recent domicile. Sec. 205. Repeal of law providing for participation of District of Columbia in election of President and Vice President. Sec. 206. Expedited consideration of constitutional amendment. Title III—General Provisions Sec. 301. General definitions. Sec. 302. Certification of enactment by President. I State of New Columbia A Procedures for Admission 101. Admission into the union (a) In general Subject to the provisions of this Act, upon issuance of the proclamation required by section 104(b), the State of New Columbia is declared to be a State of the United States of America, and is declared admitted into the Union on an equal footing with the other States in all respects whatever. (b) Constitution of state The State Constitution shall always be republican in form and shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. 102. Process for admission (a) Approval of admission by voters of district of columbia (1) Election procedures At an election designated by proclamation of the Mayor, which may be the primary or the general election held pursuant to section 103(a), a general election, or a special election, there shall be submitted to the electors qualified to vote in such election the following propositions for adoption or rejection: (A) New Columbia shall immediately be admitted into the Union as a State. (B) The proposed Constitution for the State of New Columbia, as adopted by the Council of the District of Columbia pursuant to the Constitution for the State of New Columbia Approval Act of 1987 (D.C. Law 7–8), shall be deemed ratified and shall replace the Constitution for the State of New Columbia ratified on November 2, 1982. (C) The boundaries of the State of New Columbia shall be as prescribed in the New Columbia Admission Act. (D) All provisions of the New Columbia Admission Act, including provisions reserving rights or powers to the United States and provisions prescribing the terms or conditions of the grants of lands or other property made to the State of New Columbia, are consented to fully by the State and its people. . (2) Responsibilities of mayor The Mayor of the District of Columbia is authorized and directed to take such action as may be necessary or appropriate to ensure the submission of such propositions to the people. The return of the votes cast on such propositions shall be made by the election officers directly to the Board of Elections of the District of Columbia, which shall certify the results of the submission to the Mayor. The Mayor shall certify the results of such submission to the President of the United States. (b) Effect of vote (1) Adoption of propositions In the event the propositions described in subsection (a) are adopted in an election under such subsection by a majority of the legal votes cast on such submission— (A) the State Constitution shall be deemed ratified; and (B) the President shall issue a proclamation pursuant to section 104. (2) Rejection of proposition In the event any one of the propositions described in subsection (a) is not adopted in an election under such subsection by a majority of the legal votes cast on such submission, the provisions of this Act shall cease to be effective. 103. Election of officials of State (a) Issuance of proclamation (1) In general Not more than 30 days after receiving certification of the enactment of this Act from the President pursuant to section 302, the Mayor of the District of Columbia shall issue a proclamation for the first elections, subject to the provisions of this section, for two Senators and one Representative in Congress. (2) Special rule for election of senators In the election of Senators from the State pursuant to paragraph (1), the 2 Senate offices shall be separately identified and designated, and no person may be a candidate for both offices. No such identification or designation of either of the offices shall refer to or be taken to refer to the terms of such offices, or in any way impair the privilege of the Senate to determine the class to which each of the Senators elected shall be assigned. (b) Rules for conducting election (1) In general The proclamation of the Mayor issued under subsection (a) shall provide for the holding of a primary election and a general election and at such elections the officers required to be elected as provided in subsection (a) shall be chosen by the qualified electors of the District of Columbia in the manner required by law. (2) Certification of returns Election returns shall be made and certified in the manner required by law, except that the Mayor shall also certify the results of such elections to the President of the United States. (c) Assumption of duties Upon the admission of the State into the Union, the Senators and Representative elected at the election described in subsection (a) shall be entitled to be admitted to seats in Congress and to all the rights and privileges of Senators and Representatives of other States in the Congress of the United States. (d) Transfer of offices of mayor and members and chair of council Upon the admission of the State into the Union, the Mayor, members of the Council, and the Chair of the Council at the time of admission shall be deemed the Governor, members of the House of Delegates, and the President of the House of Delegates of the State, respectively, as provided by the State Constitution and the laws of the State. (e) Continuation of authority and duties and judicial and executive officers Upon the admission of the State into the Union, members of executive and judicial offices of the District of Columbia shall be deemed members of the respective executive and judicial offices of the State, as provided by the State Constitution and the laws of the State. (f) Special rule for house of representatives membership The State upon its admission into the Union shall be entitled to one Representative until the taking effect of the next reapportionment, and such Representative shall be in addition to the membership of the House of Representatives as now prescribed by law, except that such temporary increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives or affect the basis of apportionment for the Congress. 104. Issuance of Presidential proclamation (a) In general If the President finds that the propositions set forth in section 102(a) have been duly adopted by the people of the State, the President, upon certification of the returns of the election of the officers required to be elected as provided in section 103(a), shall, not later than 90 days after receiving such certification, issue a proclamation announcing the results of such elections as so ascertained. (b) Admission of state upon issuance of proclamation Upon the issuance of the proclamation by the President under subsection (a), the State shall be deemed admitted into the Union as provided in section 101. B Description of New Columbia Territory 111. Territories and boundaries of New Columbia (a) In general Except as provided in subsection (b), the State shall consist of all of the territory of the District of Columbia as of the date of the enactment of this Act, subject to the results of the technical survey conducted under subsection (c). (b) Exclusion of portion of district of columbia remaining as national capital The territory of the State shall not include the area described in section 112, which shall remain as the District of Columbia for purposes of serving as the seat of the government of the United States. (c) Technical survey Not later than 6 months after the date of the enactment of this Act, the President (in consultation with the Chair of the National Capital Planning Commission) shall conduct a technical survey of the metes and bounds of the District of Columbia and of the territory described in section 112(b). 112. Description of District of Columbia after admission of State (a) In general Subject to the succeeding provisions of this section, after the admission of the State into the Union, the District of Columbia shall consist of the property described in subsection (b) and shall include the principal Federal monuments, the White House, the Capitol Building, the United States Supreme Court Building, and the Federal executive, legislative, and judicial office buildings located adjacent to the Mall and the Capitol Building. (b) Specific description of metes and bounds After the admission of the State into the Union, the specific metes and bounds of the District of Columbia shall be as follows: Beginning at the point on the present Virginia-District of Columbia boundary due west of the northernmost point of Theodore Roosevelt Island and running due east of the eastern shore of the Potomac River; thence generally south along the shore at the mean high water mark to the northwest corner of the Kennedy Center; thence east along the north side of the Kennedy Center to a point where it reaches the E Street Expressway; thence east on the expressway to E Street Northwest and thence east on E Street Northwest to Eighteenth Street Northwest; thence south on Eighteenth Street Northwest to Constitution Avenue Northwest; thence east on Constitution Avenue to Seventeenth Street Northwest; thence north on Seventeenth Street Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue to Jackson Place Northwest; thence north on Jackson Place to H Street Northwest; thence east on H Street Northwest to Madison Place Northwest; thence south on Madison Place Northwest to Pennsylvania Avenue Northwest; thence east on Pennsylvania Avenue Northwest to Fifteenth Street Northwest; thence south on Fifteenth Street Northwest to Pennsylvania Avenue Northwest; thence southeast on Pennsylvania Avenue Northwest to John Marshall Place Northwest; thence north on John Marshall Place Northwest to C Street Northwest; thence east on C Street Northwest to Third Street Northwest; thence north on Third Street Northwest to D Street Northwest; thence east on D Street Northwest to Second Street Northwest; thence south on Second Street Northwest to the intersection of Constitution Avenue Northwest and Louisiana Avenue Northwest; thence northeast on Louisiana Avenue Northwest to North Capitol Street; thence north on North Capitol Street to Massachusetts Avenue Northwest; thence southeast on Massachusetts Avenue Northwest so as to encompass Union Square; thence following Union Square to F Street Northeast; thence east on F Street Northeast to Second Street Northeast; thence south on Second Street Northeast to D Street Northeast; thence west on D Street Northeast to First Street Northeast; thence south on First Street Northeast to Maryland Avenue Northeast; thence generally north and east on Maryland Avenue to Second Street Northeast; thence south on Second Street Northeast to C Street Southeast; thence west on C Street Southeast to New Jersey Avenue Southeast; thence south on New Jersey Avenue Southeast to D Street Southeast; thence west on D Street Southeast to Washington Avenue Southwest; thence southeast on Washington Avenue Southwest to E Street Southeast; thence west on E Street Southeast to the intersection of Washington Avenue Southwest and South Capitol Street; thence northwest on Washington Avenue Southwest to Second Street Southwest; thence south on Second Street Southwest to Virginia Avenue Southwest; thence generally west on Virginia Avenue to Third Street Southwest; thence north on Third Street Southwest to C Street Southwest; thence west on C Street Southwest to Sixth Street Southwest; thence north on Sixth Street Southwest to Independence Avenue; thence west on Independence Avenue to Twelfth Street Southwest; thence south on Twelfth Street Southwest to D Street Southwest; thence west on D Street Southwest to Fourteenth Street Southwest; thence south on Fourteenth Street Southwest to the middle of the Washington Channel; thence generally south and east along the midchannel of the Washington Channel to a point due west of the northern boundary line of Fort Lesley McNair; thence due east to the side of the Washington Channel; thence following generally south and east along the side of the Washington Channel at the mean high water mark, to the point of confluence with the Anacostia River, and along the northern shore at the mean high water mark to the northernmost point of the Eleventh Street Bridge; thence generally south and east along the northern side of the Eleventh Street Bridge to the eastern shore of the Anacostia River; thence generally south and west along such shore at the mean high water mark to the point of confluence of the Anacostia and Potomac Rivers; thence generally south along the eastern shore at the mean high water mark of the Potomac River to the point where it meets the present southeastern boundary line of the District of Columbia; thence south and west along such southeastern boundary line to the point where it meets the present Virginia-District of Columbia boundary; and thence generally north and west up the Potomac River along the present Virginia-District of Columbia boundary to the point of beginning. (c) Treatment of certain property (1) Streets and sidewalks bounding area After the admission of the State into the Union, the District of Columbia shall be deemed to include any street (together with any sidewalk thereof) bounding the District of Columbia. (2) Exclusion of district building Notwithstanding any other provision of this section, the District of Columbia shall not be considered to include the District Building after the admission of the State into the Union. (3) Inclusion of certain military property After the admission of the State into the Union, the District of Columbia shall be deemed to include Fort Lesley McNair, the Washington Navy Yard, the Anacostia Naval Annex, the United States Naval Station, Bolling Air Force Base, and the Naval Research Laboratory. 113. Continuation of title to lands and property (a) Continuation of title to lands of district of columbia (1) In general The State and its political subdivisions shall have and retain title or jurisdiction for purposes of administration and maintenance to all property, real and personal, with respect to which title or jurisdiction for purposes of administration and maintenance is held by the District of Columbia on the day before the State is admitted into the Union. (2) Conveyance of interest in certain bridges and tunnels On the day before the State is admitted into the Union, the District of Columbia shall convey to the United States any and all interest of the District of Columbia in any bridge or tunnel that will connect the Commonwealth of Virginia with the District of Columbia after the admission of the State into the Union. (b) Continuation of federal title to property in state The United States shall have and retain title or jurisdiction for purposes of administration and maintenance to all property in the State with respect to which the United States holds title or jurisdiction on the day before the State is admitted into the Union. C General Provisions Relating to Laws of New Columbia 121. Limitation on authority of State to tax Federal property The State may not impose any taxes upon any lands or other property owned or acquired by the United States, except to the extent as Congress may permit. 122. Effect of admission of State on current laws (a) Legislative power of State The legislative power of the State shall extend to all rightful subjects of legislation within the State, consistent with the Constitution of the United States (including the restrictions and limitations imposed upon the States by article I, section 10) and subject to the provisions of this Act. (b) Treatment of federal laws To the extent that any law of the United States applies to the States generally, the law shall have the same force and effect within the State as elsewhere in the United States, except as such law may otherwise provide. 123. Continuation of judicial proceedings (a) Pending proceedings (1) In general No writ, action, indictment, cause, or proceeding pending in any court of the District of Columbia or in the United States District Court for the District of Columbia shall abate by reason of the admission of the State into the Union, but shall be transferred and shall proceed within such appropriate State courts as shall be established under the State Constitution, or shall continue in the United States District Court for the District of Columbia, as the nature of the case may require. (2) Succession of courts The appropriate courts of the State shall be the successors of the courts of the District of Columbia as to all cases arising within the limits embraced within the jurisdiction of such courts, with full power to proceed with such cases, and award mesne or final process therein, and all files, records, indictments, and proceedings relating to any such writ, action, indictment, cause, or proceeding shall be transferred to such appropriate State courts and shall be proceeded with therein in due course of law. (b) Unfiled proceedings based on actions prior to admission All civil causes of action and all criminal offenses which shall have arisen or been committed prior to the admission of the State into the Union, but as to which no writ, action, indictment, or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Columbia in like manner, to the same extent, and with like right of appellate review, as if the State had been admitted and such State courts had been established prior to the accrual of such causes of action or the commission of such offenses. (c) Maintenance of rights to and jurisdiction over appeals (1) Cases decided prior to admission Parties shall have the same rights of appeal from and appellate review of final decisions of the United States District Court for the District of Columbia or the District of Columbia Court of Appeals in any case finally decided prior to the admission of the State into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission. The United States Court of Appeals for the District of Columbia Circuit and the Supreme Court of the United States shall have the same jurisdiction in such cases as by law provided prior to the admission of the State into the Union. (2) Cases decided after admission Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Columbia and of the highest court of the State, as successor to the District of Columbia Court of Appeals, in any case pending at the time of admission of the State into the Union, and the United States Court of Appeals for the District of Columbia Circuit and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of the State into the Union. (3) Issuance of subsequent mandates Any mandate issued subsequent to the admission of the State shall be to the United States District Court for the District of Columbia or a court of the State, as appropriate. (d) Conforming amendments relating to federal courts Effective upon the admission of the State into the Union— (1) section 41 of title 28, United States Code, is amended in the second column by inserting , New Columbia after District of Columbia ; and (2) the first paragraph of section 88 of title 28, United States Code, is amended to read as follows: The District of Columbia and the State of New Columbia comprise one judicial district. . 124. United States nationality No provision of this Act shall operate to confer United States nationality, to terminate nationality lawfully acquired, or to restore nationality terminated or lost under any law of the United States or under any treaty to which the United States is or was a party. II Responsibilities and Interests of Federal Government 201. Continuation of revised District of Columbia as seat of Federal Government After the admission of the State into the Union, the seat of the Government of the United States shall be the District of Columbia as described in section 112 (also known as Washington, DC ). 202. Treatment of military lands (a) Reservation of federal authority (1) In general Subject to paragraph (2) and subsection (b) and notwithstanding the admission of the State into the Union, authority is reserved in the United States for the exercise by Congress of the power of exclusive legislation in all cases whatsoever over such tracts or parcels of land located within the State that, immediately prior to the admission of the State, are controlled or owned by the United States and held for defense or Coast Guard purposes. (2) Limitation on authority The power of exclusive legislation described in paragraph (1) shall vest and remain in the United States only so long as the particular tract or parcel of land involved is controlled or owned by the United States and used for defense or Coast Guard purposes. (b) Authority of state (1) In general The reservation of authority in the United States for the exercise by the Congress of the United States of the power of exclusive legislation over military lands under subsection (a) shall not operate to prevent such lands from being a part of the State, or to prevent the State from exercising over or upon such lands, concurrently with the United States, any jurisdiction which it would have in the absence of such reservation of authority and which is consistent with the laws hereafter enacted by Congress pursuant to such reservation of authority. (2) Service of process The State shall have the right to serve civil or criminal process within such tracts or parcels of land in which the authority of the United States is reserved under subsection (a) in suits or prosecutions for or on account of rights acquired, obligations incurred, or crimes committed within the State but outside of such tracts or parcels of land. 203. Waiver of claims to Federal lands and property (a) In general As a compact with the United States, the State and its people disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or subject to disposition by the United States. (b) Effect on claims against united states (1) In general Nothing contained in this Act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by applicable laws of the United States. (2) Rule of construction Nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any applicable law authorizes, establishes, recognizes, or confirms the validity or invalidity of any claim referred to in paragraph (1), and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act. 204. Permitting individuals residing in new seat of government to vote in Federal elections in State of most recent domicile (a) Requirement for states To permit individuals To vote by absentee ballot (1) In general Each State shall— (A) permit absent District of Columbia voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and runoff elections for Federal office; and (B) accept and process, with respect to any general, special, primary, or runoff election for Federal office, any otherwise valid voter registration application from an absent District of Columbia voter, if the application is received by the appropriate State election official not less than 30 days before the election. (2) Absent district of columbia voter defined In this section, the term absent District of Columbia voter means, with respect to a State, a person who resides in the District of Columbia after the admission of the State of New Columbia into the Union and is qualified to vote in the State (or who would be qualified to vote in the State but for residing in the District of Columbia), but only if the State is the last place in which the person was domiciled before residing in the District of Columbia. (3) State defined In this section, the term State means each of the several States, including the State of New Columbia. (b) Recommendations to states To maximize access to polls by absent district of columbia voters To afford maximum access to the polls by absent District of Columbia voters, it is recommended that the States— (1) waive registration requirements for absent District of Columbia voters who, by reason of residence in the District of Columbia, do not have an opportunity to register; (2) expedite processing of balloting materials with respect to such individuals; and (3) assure that absentee ballots are mailed to such individuals at the earliest opportunity. (c) Enforcement The Attorney General may bring a civil action in the appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this section. (d) Effect on certain other laws The exercise of any right under this section shall not affect, for purposes of any Federal, State, or local tax, the residence or domicile of a person exercising such right. (e) Effective date This section shall take effect upon the date of the admission of the State into the Union, and shall apply with respect to elections for Federal office taking place on or after such date. 205. Repeal of law providing for participation of District of Columbia in election of President and Vice President (a) In general Title 3, United States Code, is amended by striking section 21. (b) Effective date The amendment made by subsection (a) shall take effect upon the date of the admission of the State into the Union, and shall apply to any election of the President and Vice President of the United States taking place on or after such date. 206. Expedited consideration of constitutional amendment (a) Exercise of rulemaking authority This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such these provisions are deemed a part of the rule of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (b), and they supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change the rule (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House. (b) Expedited consideration of repeal of 23rd amendment (1) Motion made in order At any time after the date of the enactment of this Act, it shall be in order in either the House of Representatives or the Senate to offer a motion to proceed to the consideration of a joint resolution proposing an amendment to the Constitution of the United States repealing the 23rd article of amendment to the Constitution. (2) Procedures relating to motion With respect to the motion described in paragraph (1), the following rules shall apply: (A) The motion is highly privileged and is not debatable. (B) An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. (C) A motion to postpone shall be decided without debate. III General Provisions 301. General definitions In this Act, the following definitions shall apply: (1) The term Council means the Council of the District of Columbia. (2) The term Governor means the Governor of the State of New Columbia. (3) The term Mayor means the Mayor of the District of Columbia. (4) The term State Constitution means the constitution of the State of New Columbia, as adopted by the Council of the District of Columbia in the Constitution for the State of New Columbia Approval Act of 1987 (D.C. Law 7–8). (5) Except as otherwise provided, the term State means the State of New Columbia. 302. Certification of enactment by President Not more than 60 days after the date of enactment of this Act, the President shall certify such enactment to the Mayor of the District of Columbia.

https://www.govinfo.gov/content/pkg/BILLS-113hr292ih/xml/BILLS-113hr292ih.xml

113-hr-293

I 113th CONGRESS 1st Session H. R. 293 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Nugent introduced the following bill; which was referred to the Committee on Armed Services A BILL To expand retroactive eligibility of the Army Combat Action Badge to include members of the Army who participated in combat during which they personally engaged, or were personally engaged by, the enemy at any time on or after December 7, 1941. 1. Retroactive award of Army Combat Action Badge (a) Authority To award The Secretary of the Army may award the Army Combat Action Badge (established by order of the Secretary of the Army through Headquarters, Department of the Army Letter 600–05–1, dated June 3, 2005) to a person who, while a member of the Army, participated in combat during which the person personally engaged, or was personally engaged by, the enemy at any time during the period beginning on December 7, 1941, and ending on September 18, 2001 (the date of the otherwise applicable limitation on retroactivity for the award of such decoration), if the Secretary determines that the person has not been previously recognized in an appropriate manner for such participation. (b) Procurement of badge The Secretary of the Army may make arrangements with suppliers of the Army Combat Action Badge so that eligible recipients of the Army Combat Action Badge pursuant to subsection (a) may procure the badge directly from suppliers, thereby eliminating or at least substantially reducing administrative costs for the Army to carry out this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr293ih/xml/BILLS-113hr293ih.xml

113-hr-294

I 113th CONGRESS 1st Session H. R. 294 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Nugent introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To revoke a requirement of Executive Order 13618 with respect to the use of privately owned communications resources by the Secretary of Homeland Security, and for other purposes. 1. Revocation of requirement Section 5.2(e) of Executive Order 13618, Assignment of National Security and Emergency Preparedness Communications Functions (July 6, 2012; 77 Fed. Reg. 40779) is revoked to the extent that it refers to communications resources that are privately owned. 2. Limitation on Federal use and control of privately owned communications resources No agency or instrumentality of the Federal Government may satisfy priority communications requirements (as such term is used in section 5.2(e) of Executive Order 13618) through the use of privately owned communications resources, and no funds appropriated pursuant to any provision of law may be used to take any action that expands the authority of the Federal Government to control privately owned communications resources.

https://www.govinfo.gov/content/pkg/BILLS-113hr294ih/xml/BILLS-113hr294ih.xml

113-hr-295

I 113th CONGRESS 1st Session H. R. 295 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Nugent 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 prevent identity theft and tax fraud, and for other purposes. 1. Short title This Act may be cited as the Protect and Save Act of 2013 . 2. Authority to disclose return and return information in Federal and State prosecution law enforcement (a) In general Subsection (k) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (11) Disclosure of certain return information in connection with identity theft and fraudulent returns (A) In general In the case of an investigation pertaining to the misuse of the identity of another person for purposes of filing a false or fraudulent return of tax, upon receipt of a written request which meets the requirements of subparagraph (C), the Secretary may disclose return information to officers and employees of any Federal law enforcement agency, or any officers and employees of any State or local law enforcement agency, who are personally and directly engaged in the investigation of any crimes implicated in such misuse, but only if any such law enforcement agency is part of a team with the Internal Revenue Service in such investigation. (B) Limitation on use of information Information disclosed under this subparagraph shall be solely for the use of such officers and employees to whom such information is disclosed in such investigation. (C) Requirements A request meets the requirements of this clause if— (i) the request is made by the head of the agency (or his delegate) involved in such investigation, and (ii) the request sets forth the specific reason why such disclosure may be relevant to the investigation. (D) Notification The Secretary shall determine whether or not to grant the disclosure request described in subparagraph (A) and notify the petitioning law enforcement agency within 30 days of receiving the request. This determination shall be expedited in instances where the crimes of murder, murder for hire, or arson are involved as certified by the requesting agency’s head. . (b) Conforming amendments (1) Paragraph (2) of section 6103(a) of such Code is amended by inserting or (k)(11) after subsection (i)(7)(A) . (2) Paragraph (4) of section 6103(p) of such Code is amended— (A) in the matter preceding subparagraph (A) by inserting or (11) after (k)(10) , and (B) in subparagraph (F)(ii) by striking or (10) and inserting (10) or (11) . (3) Paragraph (2) of section 7213(a) of such Code is amended by inserting (k)(11), after (7)(A)(ii), . (c) Effective date The amendment made by subsection (a) shall apply to disclosures made after the date of the enactment of this Act. (d) Rule of Construction Nothing in section 6103 of the Internal Revenue Code of 1986 may be construed to prohibit Federal law enforcement officials from coordinating with State and local law enforcement agencies already investigating related crimes. 3. Local law enforcement liaison Section 7803 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Local Law Enforcement Liaison (1) Establishment The Commissioner of Internal Revenue shall establish within the Criminal Investigation Division of the Internal Revenue Service the position of Local Law Enforcement Liaison. (2) Duties The Local Law Enforcement Liaison shall— (A) coordinate the investigation of tax fraud with State and local law enforcement agencies, (B) communicate the status of tax fraud cases involving identity theft, and (C) carry out such other duties as delegated by the Commissioner of Internal Revenue. . 4. PIN system for prevention of identity theft tax fraud (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary’s delegate) shall implement an identify theft tax fraud prevention program under which— (1) a person who has filed an identity theft affidavit with the Secretary may elect— (A) to be provided with a unique personal identification number to be included on any Federal tax return filed by such person, or (B) to prevent the processing of any Federal tax return submitted in an electronic format by a person purporting to be such person, and (2) the Secretary will provide additional identity verification safeguards for the processing of any Federal tax return filed by a person described in paragraph (1) in cases where a unique personal identification number is not included on the return. 5. Study on the use of prepaid debit cards and commercial tax preparation software in tax fraud (a) In general The Comptroller General of the United States shall conduct a study to examine the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. (b) Report Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. 6. Study on the use of e-filing in tax fraud (a) In general The Comptroller General of the United States shall conduct a study to examine the role filing tax returns electronically (e-filing) and electronic tax returns play in either facilitating or preventing fraudulent tax returns through identity theft. (b) Report Not later than 6 months after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. 7. Restriction on access to the Death Master File (a) In general The Secretary of Commerce shall not disclose information contained on the Death Master File to any person with respect to any individual who has died at any time during the previous two calendar years in which the request for disclosure is made or the succeeding calendar year unless such person is certified under the program established under subsection (b). (b) Certification program (1) In general The Secretary of Commerce shall establish a program to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File. (2) Certification A person shall not be certified under the program established under paragraph (1) unless the Secretary determines that such person has a legitimate fraud prevention interest in accessing the information described in subsection (a). (c) Imposition of penalty Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)— (1) discloses such information to any other person, or (2) uses any such information for any purpose other than to detect or prevent fraud, shall pay a penalty of $1,000 for each such disclosure or use, but the total amount imposed under this subsection on such a person for any calendar year shall not exceed $50,000. (d) Exemption from Freedom of Information Act requirement with respect to certain records of deceased individuals (1) In general The Social Security Administration shall not be compelled to disclose to any person who is not certified under the program established under subsection (b) the information described in subsection (a). (2) Treatment of information For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of such section 552. 8. Extension of authority to disclose certain return information to prison officials (a) In general Section 6103(k)(10) of the Internal Revenue Code of 1986 is amended by striking subparagraph (D). (b) Report from Federal Bureau of Prisons Not later than 6 months after the date of the enactment of this Act, the head of the Federal Bureau of Prisons shall submit to Congress a detailed plan on how it will use the information provided from the Secretary of the Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud. (c) Sense of House regarding State prison authorities It is the sense of the House that the heads of State agencies charged with the administration of prisons should— (1) develop plans for using the information provided by the Secretary of the Treasury under section 6103(k)(10) of the Internal Revenue Code of 1986 to reduce prison tax fraud, and (2) coordinate with the Internal Revenue Service with respect to the use of such information. 9. Treasury report on information sharing barriers with respect to identity theft (a) Review (1) In general The Secretary of the Treasury (or the Secretary’s delegate) shall review whether current Federal tax laws and regulations related to the confidentiality and disclosure of return information prevent the effective enforcement of local, State, and Federal identity theft statutes. The review shall consider whether greater information sharing between the Internal Revenue Service and Federal, State and local law enforcement authorities would improve the enforcement of criminal laws at all levels of government. (2) Consultation In conducting the review under paragraph (1), the Secretary shall solicit the views of, and consult with, State and local law enforcement officials. Among the Federal agencies the Secretary shall consult in conducting the review are the following: (A) The Department of Veterans Affairs. (B) The Department of Justice. (C) The United States Postal Inspection Service. (D) The Social Security Administration. (b) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report with the results of the review conducted under subsection (a), along with any legislative recommendations, to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.

https://www.govinfo.gov/content/pkg/BILLS-113hr295ih/xml/BILLS-113hr295ih.xml

113-hr-296

I 113th CONGRESS 1st Session H. R. 296 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Nugent introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To allow Members of Congress to decline certain retirement benefits and contributions by the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Congress is Not a Career Act . 2. Granting Members of Congress the option to decline certain benefits (a) Federal Employees Retirement System opt out Section 8401(20) of title 5, United States Code, is amended by striking , and who and all that follows through 2004 . (b) Thrift Savings Plan agency contribution opt out Section 8432(c) of such title is amended by adding at the end the following: (4) (A) Notwithstanding any other provision of this subsection, contributions under paragraphs (1) through (3) may not be made in the case of any Member who makes an election under subparagraph (B). (B) Any Member may, by written notice to the official by whom such Member is paid, elect not to receive contributions under this subsection. An election under this subparagraph— (i) shall be effective with respect to pay periods beginning on or after the date on which such election is made; and (ii) shall be irrevocable. .

https://www.govinfo.gov/content/pkg/BILLS-113hr296ih/xml/BILLS-113hr296ih.xml

113-hr-297

I 113th CONGRESS 1st Session H. R. 297 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Pitts (for himself, Mr. Pallone , Mr. Burgess , and Mrs. Capps ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to reauthorize support for graduate medical education programs in children’s hospitals. 1. Short title This Act may be cited as the Children’s Hospital GME Support Reauthorization Act of 2013 . 2. Program of payments to children’s hospitals that operate graduate medical education programs (a) In general Section 340E of the Public Health Service Act ( 42 U.S.C. 256e ) is amended— (1) in subsection (a), by striking through 2005 and each of fiscal years 2007 through 2011 and inserting through 2005, each of fiscal years 2007 through 2011, and each of fiscal years 2013 through 2017 ; (2) in subsection (f)(1)(A)(iv), by inserting and each of fiscal years 2013 through 2017 after 2011 ; and (3) in subsection (f)(2)(D), by inserting and each of fiscal years 2013 through 2017 after 2011 . (b) Report to Congress Section 340E(b)(3)(D) of the Public Health Service Act ( 42 U.S.C. 256e(b)(3)(D) ) is amended by striking Not later than the end of fiscal year 2011 and inserting Not later than the end of fiscal year 2016 .

https://www.govinfo.gov/content/pkg/BILLS-113hr297ih/xml/BILLS-113hr297ih.xml

113-hr-298

I 113th CONGRESS 1st Session H. R. 298 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Rogers of Kentucky (for himself, Mr. Yarmuth , and Mr. Guthrie ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to conduct a special resource study to evaluate the significance of the Mill Springs Battlefield located in Pulaski and Wayne Counties, Kentucky, and the feasibility of its inclusion in the National Park System, and for other purposes. 1. Battle of mill springs study (a) Findings Congress finds as follows: (1) In 1994, the Mills Springs Battlefield in Pulaski and Wayne Counties in Kentucky was designated as a National Historic Landmark by the Department of the Interior. (2) The Battle of Mill Springs was the first significant Union victory in the western theater of the Civil War. (3) The outcome of the Battle of Mill Springs, along with Union victories at Fort Henry and Fort Donelson paved the way for a major battle at Shiloh, Tennessee. (4) In 1991, the National Park Service placed the Mill Springs Battlefield on a list of endangered battlefields, noting the impact of this battle to the course of the Civil War. (5) In 1992, the Mill Springs Battlefield Association formed, and utilizing Federal, State, and local support has managed to preserve important tracts of the battlefield, construct an interactive visitor center, and educate the public about this historic event. (6) There is strong community interest in incorporating the Mill Springs Battlefield into the National Park Service. (7) The Mill Springs Battlefield Association has expressed its desire to give the preserved battlefield as a gift to the United States. (b) Definitions For purposes of this Act: (1) Mill springs battlefield The term Mill Springs Battlefield means the area encompassed by the National Historic Landmark designations relating to the 1862 Battle of Mill Springs located in the counties of Pulaski and Wayne in Kentucky. (2) Secretary The term Secretary means the Secretary of the Interior. (c) Study Not later than 3 years from the date funds are made available, the Secretary shall conduct a special resource study to evaluate the significance of the Mill Springs Battlefield in Kentucky, and the feasibility of its inclusion in the National Park System. (d) Criteria for study The Secretary shall conduct the study authorized by this Act in accordance with 8(b) of Public Law 91–383 ( 16 U.S.C. 1a–5(b) ). (e) Content of study The study shall include an analysis of the following: (1) The significance of the Battle of Mill Springs to the outcome of the Civil War. (2) Opportunities for public education about the Civil War in Kentucky. (3) Operational issues that should be considered if the National Park System were to incorporate the Mill Springs Battlefield. (4) The feasibility of administering the Mill Springs Battlefield considering its size, configuration, and other factors, to include an annual cost estimate. (5) The economic, educational, and other impacts the inclusion of Mill Springs Battlefield into the National Park System would have on the surrounding communities in Pulaski and Wayne Counties. (f) Notification of private property owners Upon commencement of the study, owners of private property connected to the battlefield will be notified of the study’s commencement and scope. (g) Submission of report Upon completion of the study, the Secretary shall submit a report on the findings of the study to the Committee on Natural Resources of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate.

https://www.govinfo.gov/content/pkg/BILLS-113hr298ih/xml/BILLS-113hr298ih.xml

113-hr-299

I 113th CONGRESS 1st Session H. R. 299 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Rohrabacher introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committees on Oversight and Government Reform and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To restore the Federal electoral rights of the residents of the District of Columbia, and for other purposes. 1. Short Title This Act may be cited as the District of Columbia Voting Rights Restoration Act of 2013 . 2. Findings The Congress finds the following: (1) There is no reason, either historically or by virtue of law, why the people of the District of Columbia, the capital of the United States of America, should not have full voting representation in the Congress of the United States. (2) Article I, section 8, clause 17 of the Constitution of the United States, which authorized the creation of the District of Columbia, provides only that the Congress shall have exclusive legislation in all cases whatsoever over that District. (3) The same clause of the Constitution provides that Congress shall exercise like authority over other Federal territories that have been purchased from the States for Federal purposes. Residents of other Federal enclaves, though also denied voting rights after becoming subject to exclusive Federal jurisdiction, have had restored their right to vote for and serve as elected Federal officials from their respective States which ceded the Federal enclaves to the United States. (4) Congress has exercised its authority to regulate Federal elections under article I, section 4 of the Constitution to set the legal requirements that States must follow in establishing Congressional districts. Congress has also exercised this authority to require States to allow United States citizens who are former residents, and their children who are United States citizens, who are living overseas to vote in Federal elections in the previous State of residence, notwithstanding the fact that such former residents and their children may have no intention of returning or establishing residence in that State, and notwithstanding the fact that such citizens are not subject to the laws of that State, including tax laws. (5) The entire territory of the current District of Columbia was ceded to the United States by the State of Maryland, one of the original 13 States of the United States. The portion of the original District of Columbia ceded to the United States by the Commonwealth of Virginia was returned to the authority of that state in 1846, and the people who now reside in that area vote as citizens of the Commonwealth of Virginia. (6) The Supreme Court of the United States has found that the cession of legislative authority over the territory that became the District of Columbia by the States of Maryland and Virginia did not remove that territory from the United States, and that the people who live in that territory are entitled to all the rights, guarantees, and immunities of the Constitution that they formerly enjoyed as citizens of those States. O’Donoghue v. United States, 289 U.S. 516 (1933); Downes v. Bidwell, 182 U.S. 244 (1901). Among those guarantees are the right to equal protection of the laws and the right to participate, equally with other Americans, in a Republican form of government. (7) Since the people who lived in the territory that now makes up the District of Columbia once voted in Maryland as citizens of Maryland, and Congress by adoption of the Organic Act of 1801 severed the political connection between Maryland and the District of Columbia by statute, Congress has the power by statute to restore Maryland state citizenship rights, including Federal electoral rights, that it took away by enacting the Organic Act of 1801. 3. Restoration of Right of District of Columbia Residents to Participate as Maryland Residents in Congressional Elections (a) In General Notwithstanding any other provision of law, for purposes of representation in the House of Representatives and Senate, the right of the people of the District of Columbia to be eligible to participate in elections for the House of Representatives and Senate as Maryland residents in accordance with the laws of the State of Maryland, is hereby restored. (b) Eligibility To Hold Congressional Office Notwithstanding any other provision of law, for purposes of determining eligibility to serve as a Member of the House of Representatives or Senate, the right of the residents of the District of Columbia to be considered inhabitants of the State of Maryland is hereby restored. (c) Effective Date This section shall apply with respect to elections for Federal office occurring during 2014 and any succeeding year. 4. Restoration of Right of District of Columbia Residents to Participate as Maryland Residents in Presidential Elections (a) In General Notwithstanding any other provision of law, the right of the people of the District of Columbia to be eligible to participate in elections for electors of President and Vice President, and to serve as such electors as Maryland residents in accordance with the laws of the State of Maryland, is hereby restored. (b) Eligibility To Serve as Electors Notwithstanding any other provision of law, for purposes of determining eligibility to serve as electors of President and Vice President, the right of the residents of the District of Columbia to be considered inhabitants of the State of Maryland is hereby restored. (c) Termination of Appointment of Separate Electors by District of Columbia In accordance with the authority under sections 1 and 2 of the 23rd amendment to the Constitution and the authority under article I, section 8, to legislate for the District of Columbia, and notwithstanding any other provision of law, Congress directs that no electors of President and Vice President shall be appointed by the District of Columbia and that no votes from such electors shall be cast or counted in the electoral vote for President and Vice President. (d) Conforming Amendment (1) In general Chapter 1 of title 3, United States Code, is amended by striking section 21. (2) Clerical amendment The table of sections for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 21. 5. Composition of House of Representatives (a) Number and Apportionment of Maryland Members For purposes of determining the number and apportionment of the Members of the House of Representatives from the State of Maryland for the One Hundred Fourteenth Congress and each succeeding Congress, the population of the District of Columbia shall be added to the population of Maryland under the decennial census. (b) Increase in Membership of House of Representatives (1) Permanent increase in number of members Effective with respect to the One Hundred Fourteenth Congress and each succeeding Congress, the House of Representatives shall be composed of 436 Members. (2) Reapportionment of members resulting from increase (A) In general Section 22(a) of the Act entitled An Act to provide for the fifteenth and subsequent decennial censuses and to provide for apportionment of Representatives in Congress , approved June 28, 1929 (2 U.S.C. 2a(a)), is amended by striking the then existing number of Representatives and inserting the number of Representatives established with respect to the One Hundred Fourteenth Congress . (B) Effective date The amendment made by subparagraph (A) shall apply with respect to the regular decennial census conducted for 2020 and each subsequent regular decennial census. (c) Prohibiting Division of District of Columbia Into Separate Congressional Districts (1) In general Notwithstanding subsection (a), in establishing Congressional districts after the effective date of this section, the State of Maryland shall ensure that the entire area of the District of Columbia is included in the same Congressional district (except as provided in paragraph (2)). (2) Special rule if population of district equals or exceeds average population of Maryland congressional districts If the population of the District of Columbia equals or exceeds the average population of a Congressional district in the State of Maryland under the decennial census used for the apportionment of the Members of the House of Representatives from the State of Maryland, the State of Maryland shall ensure that at least one Congressional district in the State consists exclusively of territory within the District of Columbia. (3) Special rule for initial district Until the State of Maryland establishes Congressional districts to take into account the enactment of this section, the Congressional district of the additional Representative to which the State is entitled under this section shall consist exclusively of the area of the District of Columbia. 6. Coordination of Election Administration (a) Application of Maryland Election Laws (1) In general Federal elections in the District of Columbia shall be administered and carried out by the State of Maryland, in accordance with the applicable laws of the State of Maryland. (2) Treatment of District as unit of local government For purposes of the laws of the State of Maryland which apply to Federal elections in the District of Columbia pursuant to paragraph (1), the District of Columbia shall be considered to be a unit of local government within the State of Maryland with responsibility for the administration of Federal elections. (b) Conforming Amendments to Help America Vote Act of 2002 (1) Treatment of District of Columbia as part of Maryland Section 901 of the Help America Vote Act of 2002 ( 42 U.S.C. 15541 ) is amended— (A) by striking the District of Columbia ; (B) by striking In this Act and inserting (a) In General.— In this Act ; and (C) by adding at the end the following new subsection: (b) Special Rule for State of Maryland and District of Columbia For purposes of this Act, the following shall apply: (1) The voting age population of the State of Maryland shall be considered to include the voting age population of the District of Columbia for purposes of sections 101(d)(4) and 252(b). (2) The District of Columbia shall be considered a unit of local government or jurisdiction located within the State of Maryland. (3) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. . (c) Conforming Amendments to Other Federal Election Laws (1) Uniformed and Overseas Citizens Absentee Voting Act (A) In general Title I of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff et seq. ) is amended by adding at the end the following new section: 108. Special Rule for State of Maryland and District of Columbia For purposes of this title, the following shall apply: (1) An absent uniformed services voter or overseas voter who is a resident of the District of Columbia shall be considered to be a resident of the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out the provisions of this title with respect to voters who are residents of the District of Columbia. . (B) Conforming amendment Section 107(6) of the Uniformed and Overseas Citizens Absentee Voting Act ( 42 U.S.C. 1973ff–6 ) is amended by striking the District of Columbia, . (2) National Voter Registration Act of 1973 (A) In general The National Voter Registration Act of 1973 (42 U.S.C. 1973gg et seq.) is amended— (i) by redesignating section 13 as section 14; and (ii) by adding at the end the following new section: 12. Special Rule For State of Maryland and District of Columbia For purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a registrar’s jurisdiction within the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out this Act with respect to the District of Columbia, except that— (A) section 5 shall apply to motor vehicle driver’s license applications and the motor vehicle authority of the District of Columbia in the same manner as that section applies to a State, and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section; and (B) the District of Columbia shall designate voter registration agencies under section 7 in the same manner as a State, and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section. . (B) Conforming amendment Section 3(4) of such Act (42 U.S.C. gg–1(4)) is amended by striking and the District of Columbia . (3) Voting Accessibility for the Elderly and Handicapped Act (A) In general The Voting Accessibility for the Elderly and Handicapped Act ( 42 U.S.C. 1973ee et seq. ) is amended— (i) by redesignating section 8 as section 9; and (ii) by inserting after section 7 the following new section: 8. special rule for state of maryland and district of columbia For purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a political subdivision of the State of Maryland. (2) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland. (3) The State of Maryland shall be responsible for carrying out this Act with respect to the District of Columbia. . (B) Conforming amendment Section 8(5) of such Act ( 42 U.S.C. 1973ee–6(5) ) is amended by striking the District of Columbia, . (d) Conforming Amendment to Home Rule Act Section 752 of the District of Columbia Home Rule Act (sec. 1–207.52, D.C. Official Code) is amended by striking the period at the end and inserting the following: , except to the extent required under section 5 of the District of Columbia Voting Rights Restoration Act of 2013. . (e) Other Conforming Amendment to District of Columbia Election Law The District of Columbia Elections Code of 1955 is amended by adding at the end the following new section: 18. Applicability of Maryland Election Law For Administration of Federal Elections Notwithstanding any other provision of this Code or other law or regulation of the District of Columbia— (1) any election for Federal office in the District of Columbia shall be administered and carried out by the State of Maryland, in accordance with the applicable law of the State of Maryland; and (2) no provision of this Code shall apply with respect to any election for Federal office to the extent that the provision is inconsistent with the applicable law of the State of Maryland. . (f) Effective Date This section and the amendments made by this section shall apply with respect to elections for Federal office occurring during 2014 and any succeeding year. 7. Repeal of Office of District of Columbia Delegate (a) In General Sections 202 and 204 of the District of Columbia Delegate Act ( Public Law 91–405 ; sections 1–401 and 1–402, D.C. Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (b) Conforming Amendments to District of Columbia Elections Code of 1955 The District of Columbia Elections Code of 1955 is amended— (1) in section 1 (sec. 1–1001.01, D.C. Official Code), by striking the Delegate to the House of Representatives ; (2) in section 2 (sec. 1–1001.02, D.C. Official Code)— (A) by striking paragraph (6), and (B) in paragraph (13), by striking the Delegate to Congress for the District of Columbia ; (3) in section 8 (sec. 1–1001.08, D.C. Official Code)— (A) by striking Delegate in the heading, and (B) by striking Delegate, each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1); (4) in section 10 (sec. 1–1001.10, D.C. Official Code)— (A) by striking subparagraph (A) of subsection (a)(3), and (B) in subsection (d)— (i) by striking Delegate, each place it appears in paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (5) in section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking Delegate, ; and (6) in section 17(a) (sec. 1–1001.17(a), D.C. Official Code), by striking except the Delegate to the Congress from the District of Columbia . (c) Effective Date The amendments made by this section shall apply with respect to elections occurring during 2014 and any succeeding year. 8. Repeal of Offices of Statehood Representative and Senator (a) In General Section 4 of the District of Columbia Statehood Constitutional Convention Initiative of 1979 (sec. 1–123, D.C. Official Code) is amended by striking subsections (d) through (h). (b) Conforming Amendments (1) Statehood Commission Section 6 of such Initiative (sec. 1–125, D.C. Official Code) is amended— (A) in subsection (a)— (i) by striking 27 voting members and inserting 24 voting members , (ii) by adding and at the end of paragraph (4); and (iii) by striking paragraphs (5) and (6) and redesignating paragraph (7) as paragraph (5); and (B) in subsection (a–1)(1), by striking subparagraphs (F), (G), and (H). (2) Authorization of appropriations Section 8 of such Initiative (sec. 1–127, D.C. Official Code) is hereby repealed. (3) Application of honoraria limitations Section 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is hereby repealed. (4) Application of campaign finance laws Section 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1–135, D.C. Official Code) is hereby repealed. (5) List of elected officials Section 2(13) of the District of Columbia Elections Code of 1955 (sec. 1–1001.02(13), D.C. Official Code) is amended by striking United States Senator and Representative, . 9. Nonseverability of Certain Provisions If any provision of sections 3, 5(a), or 5(b) of this Act, or the application thereof to any person or circumstance, is held invalid, the remaining provisions of this Act or any amendment made by this Act shall be treated as invalid. 10. Rules of Construction Nothing in this Act may be construed— (1) to permit residents of the District of Columbia to vote in elections for State or local office in the State of Maryland or to permit nonresidents of the District of Columbia to vote in elections for local office in the District of Columbia; (2) to affect the power of Congress under article I, section 8, clause 17 of the Constitution to exercise exclusive legislative authority over the District of Columbia; or (3) to affect the powers of the Government of the District of Columbia under the District of Columbia Home Rule Act (except as specifically provided in this Act).

https://www.govinfo.gov/content/pkg/BILLS-113hr299ih/xml/BILLS-113hr299ih.xml

113-hr-300

I 113th CONGRESS 1st Session H. R. 300 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Sherman (for himself, Mr. Poe of Texas , Ms. Ros-Lehtinen , Ms. Lofgren , Mr. Van Hollen , Ms. Wasserman Schultz , Mr. Markey , Mr. Israel , Mr. Young of Alaska , Mr. Brady of Pennsylvania , Mr. Honda , Mr. Schiff , Mr. Rangel , Mr. Nadler , Mr. Grimm , Ms. Schakowsky , Mrs. Ellmers , Ms. Chu , Mr. Keating , Mr. Michaud , Mr. Franks of Arizona , Mr. Gene Green of Texas , Mrs. Carolyn B. Maloney of New York , Mr. Garrett , Mr. Johnson of Ohio , Mr. Cicilline , Mr. McCaul , Mr. Pascrell , Mr. Hultgren , Mr. Amodei , Mr. Holt , Ms. Hahn , Mr. Al Green of Texas , Mr. McGovern , Ms. Wilson of Florida , Mr. Connolly , Ms. Schwartz , Mr. Deutch , Mr. Lance , Mr. Hanna , Mr. Lamborn , Mr. Weber of Texas , Mr. Vargas , Ms. Titus , Mr. Cartwright , Ms. Brown of Florida , Mr. Lowenthal , Mr. Jeffries , Mr. Grayson , Mr. Stockman , and Mr. Schneider ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the inclusion of Israel in the visa waiver program, and for other purposes. 1. Short title This Act may be cited as the Visa Waiver for Israel Act of 2013 . 2. Israel designated as a program country for visa waiver program (a) In general Beginning on the date described in subsection (c), Israel shall be deemed a program country for purposes of section 217 of the Immigration and Nationality Act (8 U.S.C. 1187). (b) Exemption from application of certain requirements In the case of Israel, section 217(c)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(2)(A) ) does not apply. (c) Effective date; compliance requirements The date described in this subsection is the date that the Secretary of Homeland Security, in consultation with the Secretary of State, determines that Israel has complied with the following: (1) The government of Israel has entered into an agreement with the Government of the United States to report, or make available through Interpol or other means as designated by the Secretary of Homeland Security, to the United States Government information about the theft or loss of passports within a strict time limit and in a manner specified in the agreement. (2) The government of Israel has entered into an agreement with the Government of the United States to share information regarding whether citizens and nationals of Israel traveling to the United States represent a threat to the security or welfare of the United States. (3) The government of Israel cooperates with the Government of the United States on counterterrorism initiatives, information sharing, and preventing terrorist travel, and the Secretary of Homeland Security and the Secretary of State determine that such cooperation will continue. (4) The government of Israel issues all new and reissued passports with biometric identifiers as described in section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732). (5) The government of Israel has made every reasonable effort, without jeopardizing the security of the State of Israel, to ensure that reciprocal privileges are extended to all United States citizens.

https://www.govinfo.gov/content/pkg/BILLS-113hr300ih/xml/BILLS-113hr300ih.xml

113-hr-301

I 113th CONGRESS 1st Session H. R. 301 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Wolf (for himself, Ms. Eshoo , Mr. Holt , Mr. Griffith of Virginia , Mr. Peters of Michigan , Mr. Pitts , Mr. Franks of Arizona , Mr. Duncan of South Carolina , and Mr. Smith of New Jersey ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To provide for the establishment of the Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia. 1. Findings Congress finds the following: (1) More than 500 Baha'is in Iran have been arbitrarily arrested since 2005. Roughly 100 Baha'is are presently imprisoned because of their religious beliefs. (2) In May 2010, suspected terrorists attacked two mosques in Pakistan belonging to the Ah­mad­diya minority Muslim sect, killing at least 80 people. Ahmadis consider themselves Muslim, but Pakistani law does not recognize them as such. (3) Said Musa, an Afghan Christian convert, was arrested in May 2010 on charges of apostasy, a crime which can carry the death sentence, and was released in February 2011 only after sustained international pressure. (4) On October 31, 2010, gunmen laid siege on Our Lady of Salvation Church in Baghdad, Iraq, killing at least 52 police and worshipers, including two priests, making it the worst massacre of Iraqi Christians since 2003. (5) Iraq’s ancient and once vibrant Christian population that numbered an estimated 1,500,000 out of a total population in Iraq of 30,000,000 in 2003 has been reduced by at least one half, due in significant part to Christians fleeing the violence. (6) In November 2010, a Pakistani court sentenced Aasia Bibi, a Christian mother of five, to death under the country’s blasphemy law for insulting the Prophet Muhammad. (7) Since early 2011, violent sectarian attacks targeting Coptic Orthodox Christians and their property increased significantly, resulting in nearly 100 deaths, mostly Coptic Christians, surpassing the death toll of the 10 previous years combined. (8) In Egypt, with the ascent of the Muslim Brotherhood, Coptic Christians, numbering roughly 8 to 10 million, are leaving in droves. (9) On March 2, 2011, Pakistani Federal Minorities Minister Shahbaz Bhatti, the only Christian member of the Cabinet, who was outspoken in his opposition to Pakistan’s blasphemy laws was assassinated by extremists. (10) The Special Envoy for Anti-Semitism, Hannah Rosenthal, has noted that Holocaust glorification is especially virulent in Middle Eastern media, some of which is state-owned and operated, which calls for a new Holocaust to finish the job . (11) In the midst of a devastating civil war, Syrian Christians and other religious minorities, which comprise roughly 10 percent of the population, are particularly vulnerable lacking their own militias and regional protectors. (12) Many of these ancient faith communities are being forced to flee the lands which they have inhabited for centuries. (13) The United States Commission on International Religious Freedom has recommended that Egypt, Tajikistan, Iran, Iraq, Pakistan, Saudi Arabia, Turkmenistan, and Uzbekistan be designated by the Department of State as Countries of Particular Concern in accordance with the International Religious Freedom Act of 1998. (14) The situation on the ground in the region continues to develop rapidly and the United States Government needs an individual who can respond in kind and focus on the critical situation of religious minorities in these countries. (15) There are historical precedents, including the Special Envoy to Monitor and Combat Anti-Semitism, the Special Envoy for North Korea Human Rights Issues, and the South Sudan and Sudan Special Envoy, for the Department of State, either as a result of legislative mandate or initiative of the Secretary of State, to create positions with a targeted focus on an area or issue of recognized import. 2. Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia (a) Appointment The President shall appoint a Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia (in this Act referred to as the Special Envoy ) within the Department of State. (b) Qualifications The Special Envoy should be a person of recognized distinction in the field of human rights and religious freedom and with expertise in the Near East and South Central Asia regions. The Special Envoy shall have the rank of ambassador and shall hold the office at the pleasure of the President. (c) Prohibition The person appointed as Special Envoy may not hold any other position of Federal employment for the period of time during which the person holds the position of Special Envoy. 3. Duties (a) In general The Special Envoy shall carry out the following duties: (1) Promote the right of religious freedom of religious minorities in the countries of the Near East and the countries of South Central Asia, denounce the violation of such right, and recommend appropriate responses by the United States Government when such right is violated. (2) Monitor and combat acts of religious intolerance and incitement targeted against religious minorities in the countries of the Near East and the countries of South Central Asia. (3) Work to ensure that the unique needs of religious minority communities in the countries of the Near East and the countries of South Central Asia are addressed, including the economic and security needs of such communities to the extent that such needs are directly tied to religious-based discrimination and persecution. (4) Work with foreign governments of the countries of the Near East and the countries of South Central Asia to address laws that are inherently discriminatory toward religious minority communities in such countries. (5) Coordinate and assist in the preparation of that portion of the report required by sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) and 2304(b)) relating to the nature and extent of religious freedom of religious minorities in the countries of the Near East and the countries of South Central Asia. (6) Coordinate and assist in the preparation of that portion of the report required by section 102(b) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6412(b) ) relating to the nature and extent of religious freedom of religious minorities in the countries of the Near East and the countries of South Central Asia. (b) Coordination In carrying out the duties under subsection (a), the Special Envoy shall, to the maximum extent practicable, coordinate with the Bureau of Population, Refugees and Migration of the Department of State, the Ambassador at Large for International Religious Freedom, the United States Commission on International Religious Freedom, and other relevant Federal agencies and officials. 4. Diplomatic representation Subject to the direction of the President and the Secretary of State, the Special Envoy is authorized to represent the United States in matters and cases relevant to religious freedom in the countries of the Near East and the countries of South Central Asia in— (1) contacts with foreign governments, intergovernmental organizations, and specialized agencies of the United Nations, the Organization of Security and Cooperation in Europe, and other international organizations of which the United States is a member; and (2) multilateral conferences and meetings relevant to religious freedom in the countries of the Near East and the countries of South Central Asia. 5. Priority countries and consultation (a) Priority countries In carrying out this Act, the Special Envoy shall give priority to programs, projects, and activities for Egypt, Iran, Iraq, Afghanistan, and Pakistan. (b) Consultation The Special Envoy shall consult with domestic and international nongovernmental organizations and multilateral organizations and institutions, as the Special Envoy considers appropriate to fulfill the purposes of this Act. 6. Funding (a) In general Of the amounts made available for Diplomatic and Consular Programs for fiscal years 2014 through 2018, $1,000,000 is authorized to be appropriated for each such fiscal year to carry out the provisions of this Act. (b) Funding offset To offset the costs to be incurred by the Department of State to carry out the provisions of this Act for fiscal years 2014 through 2018, the Secretary of State shall eliminate such positions within the Department of State, unless otherwise authorized or required by law, as the Secretary determines to be necessary to fully offset such costs. (c) Limitation No additional funds are authorized to be appropriated for Diplomatic and Consular Programs to carry out the provisions of this Act. 7. Sunset This Act shall cease to be effective beginning on October 1, 2018.

https://www.govinfo.gov/content/pkg/BILLS-113hr301ih/xml/BILLS-113hr301ih.xml

113-hr-302

I 113th CONGRESS 1st Session H. R. 302 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Wolf introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Inspector General Act of 1978 to provide for an Inspector General for the Metropolitan Washington Airports Authority, and for other purposes. 1. Short title This Act may be cited as the Metropolitan Washington Airports Authority Inspector General Act of 2013 . 2. Inspector General for the Metropolitan Washington Airports Authority (a) In general Section 8G of the Inspector General Act of 1978 (5 U.S.C. App.) is amended— (1) in subsection (a)— (A) in paragraph (2), by inserting the Metropolitan Washington Airports Authority, after the Legal Services Corporation, ; and (B) in paragraph (4)— (i) by redesignating subparagraphs (D) through (H) as subparagraphs (E) through (I), respectively; and (ii) by inserting after subparagraph (C) the following new subparagraph: (D) with respect to the Metropolitan Washington Airports Authority, such term means the board of directors of the Metropolitan Washington Airports Authority; ; and (2) in subsection (c), by inserting section 8M and before subsection (f) . (b) Rule of construction Section 8J of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking 8E or 8F and inserting 8E, 8F, or 8M . (c) Special provisions The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8L the following new section: 8M. Special provisions concerning the Metropolitan Washington Airports Authority (a) Appointment and removal Notwithstanding subsections (c) and (e) of section 8G, the Inspector General of the Metropolitan Washington Airports Authority shall be appointed and removed by the Secretary of Transportation. Such Inspector General shall be appointed without regard to political affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (b) Executive session The Inspector General for the Metropolitan Washington Airports Authority may attend any executive session of the board of directors of the Metropolitan Washington Airports Authority. (c) IG staff The Inspector General for the Metropolitan Washington Airports Authority may appoint additional staff as the Inspector General considers appropriate. (d) Expenses and staff The Metropolitan Washington Airports Authority shall pay the expenses of the Inspector General for such Authority, including staff salaries and benefits. A request for funds by the Inspector General shall result in requested funds being made available not later than 30 days after such request is made. If the Metropolitan Washington Airports Authority fails to comply with this subsection, the Secretary of Transportation may not approve a grant for such Authority under section 47107(b) of title 49, United States Code, until such funding is made available for the Inspector General. (e) Employee compliance Employees of the Metropolitan Washington Airports Authority and members of the board of directors of such Authority shall cooperate with and comply with requests from the Inspector General of the Metropolitan Washington Airports Authority necessary in the performance of the functions assigned by this Act, including providing testimony and other information. . (d) Deadline for appointment of the Inspector General for the Metropolitan Washington Airports Authority Not later than 60 days after the date of the enactment of this Act, the Secretary of Transportation shall appoint an Inspector General for the Metropolitan Washington Airports Authority as required by section 8M of the Inspector General Act of 1978 (5 U.S.C. App.), as added by subsection (c). (e) Amount for IG expenses (1) In general The Metropolitan Washington Airports Authority shall make available not less than $1,200,000 for the Inspector General of the Authority for the one-year period beginning on the date that the Inspector General of the Metropolitan Washington Airports Authority is appointed and such funds shall remain available until expended. Requests for subsequent fiscal years shall be made by the Inspector General and paid by the Metropolitan Washington Airports Authority unless expressly stated otherwise in law. (2) Staff and budget requirements Not later than 1 year after the Inspector General for the Metropolitan Washington Airports Authority is appointed, the Inspector General shall determine any staffing and budget requirements of the Inspector General.

https://www.govinfo.gov/content/pkg/BILLS-113hr302ih/xml/BILLS-113hr302ih.xml

113-hr-303

I 113th CONGRESS 1st Session H. R. 303 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 10, United States Code, to permit additional retired members of the Armed Forces who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation and to eliminate the phase-in period under current law with respect to such concurrent receipt. 1. Short title This Act may be cited as the Retired Pay Restoration Act . 2. Findings and sense of Congress (a) Findings Congress finds the following: (1) For more than 100 years before 1999, all disabled military retirees were required to fund their own veterans’ disability compensation by forfeiting one dollar of earned retired pay for each dollar received in veterans’ disability compensation. (2) Since 1999, Congress has enacted legislation to progressively expand eligibility criteria for relief of the retired pay disability offset and reduce the burden of financial sacrifice on disabled military retirees. (3) Absent adequate funding to eliminate the sacrifice for all disabled retirees, Congress has given initial priority to easing financial inequities for the most severely disabled and for combat-disabled retirees. (4) In the interest of maximizing eligibility within cost constraints, Congress effectively has authorized full concurrent receipt for all qualifying retirees with 100-percent disability ratings and all qualifying retirees with combat-related disability ratings, while phasing out the disability offset to retired pay over 10 years for retired members with noncombat-related, service-connected disability ratings of 50 percent to 90 percent. (5) In pursuing these good-faith efforts, Congress acknowledges the regrettable necessity of creating new thresholds of eligibility that understandably are disappointing to disabled retirees who fall short of meeting those new thresholds. (6) Congress is not content with the status quo. (b) Sense of Congress It is the sense of Congress that military retired pay earned by service and sacrifice in defending the United States should not be reduced because a military retiree is also eligible for veterans’ disability compensation awarded for service-connected disability. 3. Eligibility for payment of both retired pay and veterans’ disability compensation for certain additional military retirees with compensable service-connected disabilities (a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent Subsection (a) of section 1414 of title 10, United States Code, is amended— (1) by striking Compensation in the subsection heading and all that follows through Subject and inserting Compensation .—Subject ; and (2) by striking paragraph (2). (b) Repeal of Phase-In of Concurrent Receipt of Retired Pay and Veterans’ Disability Compensation Such section is further amended— (1) in subsection (a), as amended by subsection (a) of this section, by striking the final sentence; (2) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (3) in subsection (d), as so redesignated, by striking paragraphs (3) and (4). (c) Clerical Amendments (1) Section heading The heading for section 1414 of such title is amended to read as follows: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation . (2) Table of sections The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation. . (d) Effective Date The amendments made by this section shall take effect as of January 1, 2014, and shall apply to payments for months beginning on or after that date. 4. Coordination of service eligibility for combat-related special compensation and concurrent receipt (a) Eligibility for TERA Retirees Subsection (c) of section 1413a of title 10, United States Code, is amended by striking “entitled to retired pay who—” and all that follows through the end of paragraph (1) and inserting “who— (1) is entitled to retired pay, other than a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and . (b) Amendments To Standardize Similar Provisions (1) Clerical and conforming amendments Section 1413a of such title is further amended— (A) in the heading for paragraph (3) of subsection (b), by striking rules and inserting rule ; and (B) in subsection (f), by striking Subsection (d) and inserting Subsection (c) . (2) Specification of qualified retirees for concurrent receipt purposes Section 1414 of such title, as amended by section 3, is amended— (A) in subsection (a)— (i) by striking a member or and all that follows through is entitled and inserting an individual who is a qualified retiree for any month is entitled ; and (ii) by inserting retired pay and veterans’ disability compensation after both ; and (B) in subsection (d), by adding at the end the following new paragraph: (3) Qualified retiree The term qualified retiree means a member or former member of the uniformed services who, with respect to any month— (A) is entitled to retired pay, other than in the case of a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and (B) is entitled to veterans’ disability compensation. . (3) Standardization with crsc rule for chapter 61 retirees Subsection (b) of section 1414 of such title is amended— (A) by striking Special Rules in the subsection heading and all that follows through is subject to and inserting Special Rule for Chapter 61 Disability Retirees .—In the case of a qualified retiree who is retired under chapter 61 of this title, the retired pay of the member is subject to ; and (B) by striking paragraph (2). (c) Effective Date The amendments made by this section shall take effect as of January 1, 2014, and shall apply to payments for months beginning on or after that date.

https://www.govinfo.gov/content/pkg/BILLS-113hr303ih/xml/BILLS-113hr303ih.xml

113-hr-304

I 113th CONGRESS 1st Session H. R. 304 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Wolf introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 49, United States Code, to change the membership of the Metropolitan Washington Airports Authority board of directors, and for other purposes. 1. Membership of Metropolitan Washington Airports Authority board of directors Section 49106(c) of title 49, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A) by striking 17 members and inserting 9 members ; (B) in subparagraph (A) by striking 7 members and inserting 6 members ; (C) in subparagraph (B) by striking 4 members and inserting 1 member ; (D) in subparagraph (C) by striking 3 members and inserting 1 member ; and (E) in subparagraph (D) by striking 3 members and inserting 1 member ; (2) in paragraph (3) by striking , except that and all that follows through 4 years ; (3) by striking paragraph (6) and inserting the following: (6) (A) In carrying out the duties of the board, a member appointed by the President shall ensure that adequate consideration is given to the national interest. (B) A member appointed by the President may be removed by the President for cause. A member appointed by the Mayor of the District of Columbia, the Governor of Maryland, or the Governor of Virginia may be removed or suspended from office only for cause and in accordance with the laws of the jurisdiction from which the member is appointed. ; and (4) in paragraph (7) by striking Ten votes and inserting Five votes . 2. Conforming amendments to District of Columbia laws governing Metropolitan Washington Airports Authority membership (a) Number of members Section 5(a) of the District of Columbia Regional Airports Authority Act of 1985 (sec. 9–904(a), D.C. Official Code) is amended— (1) by striking 13 members and inserting 9 members ; (2) by striking 5 appointed by the Governor of the Commonwealth of Virginia and inserting 6 appointed by the Governor of the Commonwealth of Virginia ; (3) by striking 3 appointed by the Mayor and inserting 1 appointed by the Mayor ; (4) by striking 2 appointed by the Governor of the State of Maryland and inserting 1 appointed by the Governor of the State of Maryland ; and (5) by striking 3 appointed by the President and inserting 1 appointed by the President . (b) Votes required for approval of bond issues and budget Section 5(d) of such Act (sec. 9–904(d), D.C. Official Code) is amended by striking Eight affirmative votes and inserting Five affirmative votes . (c) Removal Section 5(e) of such Act (sec. 9–904(e), D.C. Official Code) is amended to read as follows: (e) (1) In carrying out the duties of the board, a member appointed by the President shall ensure that adequate consideration is given to the national interest. (2) A member appointed by the President may be removed by the President for cause. A member appointed by the Mayor of the District of Columbia, the Governor of Maryland, or the Governor of Virginia may be removed or suspended from office only for cause and in accordance with the laws of the jurisdiction from which the member is appointed. . (d) Prohibiting continuation of service after expiration of term Section 5(g) of such Act (sec. 9–904(g), D.C. Official Code) is amended by striking the second sentence and inserting the following: A member shall not serve after the expiration of the member's term(s). . 3. Transitional provisions (a) Treatment of current members The term of an individual serving on the Metropolitan Washington Airports Authority board of directors the day before the date of enactment of this Act shall expire 90 days after the date of such enactment. An individual may not be reappointed to such board after the date of such enactment if the term of that individual expired before the date of such enactment. (b) Virginia members Notwithstanding section 49106(c)(3) of title 49, United States Code, the Governor of Virginia shall appoint the first 6 individuals to the Metropolitan Washington Airports Authority board of directors after the date of enactment of this Act for the following terms: (1) Two members for a term of 1 year. (2) Two members for a term of 3 years. (3) Two members for a term of 5 years.

https://www.govinfo.gov/content/pkg/BILLS-113hr304ih/xml/BILLS-113hr304ih.xml

113-hr-305

I 113th CONGRESS 1st Session H. R. 305 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Yarmuth (for himself, Mr. Butterfield , Mr. Carson of Indiana , Mr. Cohen , Mr. Conyers , Mr. Danny K. Davis of Illinois , Mr. Grijalva , Ms. Jackson Lee , Mr. Meeks , Mr. Moran , Ms. Norton , Mr. Peters of Michigan , Mr. Rangel , and Ms. Waters ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To establish a grant program to preserve the legacy and ideals of Muhammad Ali and promote global respect, understanding, and communication, and for other purposes. 1. Short title This Act may be cited as the Muhammad Ali Legacy Act . 2. Purposes The purposes of this Act are— (1) to preserve the legacy and ideals of Muhammad Ali, who has dedicated his life to fostering international friendship and to service to those in need, both in the United States and around the world; (2) to promote global respect, understanding, and communication; and (3) to foster the next generation of world leaders who will work toward these goals. 3. Muhammad Ali legacy grant program (a) Authorization The Secretary of State shall award grants, on such terms and conditions as the Secretary may determine, to one or more eligible organizations that— (1) are established to promote global respect, understanding, and communication and to encourage character and leadership development worldwide; and (2) demonstrate a commitment to preserving the legacy of Muhammad Ali. (b) Grant agreement Each organization awarded a grant under this section shall enter into an agreement with the Secretary of State. Each such agreement shall require the organization— (1) to develop and provide educational programming to prepare prospective leaders in foreign countries to make a profound contribution to global society, including programming that includes peace building, conflict resolution, violence prevention, character education, and education about world cultures, religions, and languages; (2) to act as a global gathering place—both online and in person—for negotiation and mediation; (3) to utilize technology and the Internet to empower people in foreign countries, including adults, young people, educators, and civic, community, religious, and corporate leaders, to dialogue on common interests and concerns, share information, and engage in cross-cultural learning, including by utilizing diverse and multi-layered connections such as videoconferencing, Web-based forums, and other modes of communication; (4) to partner with and build a network of organizations and schools already working with adults, young people, educators, and civic, community, religious, and corporate leaders, as well as the Department of State, to reach many people worldwide as quickly as possible; (5) to place a special emphasis on providing a positive, productive path for young people to combat the pull of radicalism, terrorist networks, and organized crime; (6) to support a Web site providing resources, in a variety of languages, to further the programs and activities described in paragraphs (1) through (5) by making such programs and activities accessible to the general public and able to be utilized by educators to integrate into the classroom; and (7) to submit for each fiscal year for which the organization receives funds from a grant awarded under this section, a report to the Secretary of State that contains— (A) a description of the programs and activities supported by the funding; (B) the audited financial statement of the organization for the preceding fiscal year; (C) a plan for the programs and activities to be supported by the funding as the Secretary may require; and (D) an evaluation of the programs and activities supported by the funding as the Secretary may require. (c) Eligible organization defined In this section, the term eligible organization means an organization that is exempt from tax under section 501(c)(3) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(3) ). (d) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2014 through 2016.

https://www.govinfo.gov/content/pkg/BILLS-113hr305ih/xml/BILLS-113hr305ih.xml

113-hr-306

V 113th CONGRESS 1st Session H. R. 306 IN THE HOUSE OF REPRESENTATIVES January 15, 2013 Mr. Lipinski introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Corina de Chalup Turcinovic. 1. Permanent resident status for Corina de Chalup Turcinovic (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Corina de Chalup Turcinovic shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status If Corina de Chalup Turcinovic enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for Application and Payment of Fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Number Upon the granting of an immigrant visa or permanent residence to Corina de Chalup Turcinovic, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives The natural parents, brothers, and sisters of Corina de Chalup Turcinovic shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act .

https://www.govinfo.gov/content/pkg/BILLS-113hr306ih/xml/BILLS-113hr306ih.xml

113-hr-307

I 113th CONGRESS 1st Session H. R. 307 IN THE HOUSE OF REPRESENTATIVES AN ACT To reauthorize certain programs under the Public Health Service Act and the Federal Food, Drug, and Cosmetic Act with respect to public health security and all-hazards preparedness and response, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Strengthening national preparedness and response for public health emergencies Sec. 101. National Health Security Strategy. Sec. 102. Assistant Secretary for Preparedness and Response. Sec. 103. National Advisory Committee on Children and Disasters. Sec. 104. Modernization of the National Disaster Medical System. Sec. 105. Continuing the role of the Department of Veterans Affairs. Title II—Optimizing State and local all-hazards preparedness and response Sec. 201. Temporary redeployment of federally funded personnel during a public health emergency. Sec. 202. Improving State and local public health security. Sec. 203. Hospital preparedness and medical surge capacity. Sec. 204. Enhancing situational awareness and biosurveillance. Sec. 205. Eliminating duplicative Project Bioshield reports. Title III—Enhancing Medical Countermeasure Review Sec. 301. Special protocol assessment. Sec. 302. Authorization for medical products for use in emergencies. Sec. 303. Definitions. Sec. 304. Enhancing medical countermeasure activities. Sec. 305. Regulatory management plans. Sec. 306. Report. Sec. 307. Pediatric medical countermeasures. Title IV—Accelerating medical countermeasure advanced research and development Sec. 401. BioShield. Sec. 402. Biomedical Advanced Research and Development Authority. Sec. 403. Strategic National Stockpile. Sec. 404. National Biodefense Science Board. I Strengthening national preparedness and response for public health emergencies 101. National Health Security Strategy (a) In general Section 2802 of the Public Health Service Act ( 42 U.S.C. 300hh–1 ) is amended— (1) in subsection (a)(1), by striking 2009 and inserting 2014 ; and (2) in subsection (b)— (A) in paragraph (1)(A), by inserting , including drills and exercises to ensure medical surge capacity for events without notice after exercises ; and (B) in paragraph (3)— (i) in the matter preceding subparagraph (A)— (I) by striking facilities), and trauma care and inserting and ambulatory care facilities and which may include dental health facilities), and trauma care, critical care, ; and (II) by inserting (including related availability, accessibility, and coordination) after public health emergencies ; (ii) in subparagraph (A), by inserting and trauma after medical ; (iii) in subparagraph (B), by striking Medical evacuation and fatality management and inserting Fatality management ; (iv) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; (v) by inserting after subparagraph (B), the following the new subparagraph: (C) Coordinated medical triage and evacuation to appropriate medical institutions based on patient medical need, taking into account regionalized systems of care. ; (vi) in subparagraph (E), as redesignated by clause (iv), by inserting (which may include such dental health assets) after medical assets ; and (vii) by adding at the end the following: (G) Optimizing a coordinated and flexible approach to the medical surge capacity of hospitals, other health care facilities, critical care, and trauma care (which may include trauma centers) and emergency medical systems. ; (C) in paragraph (4)— (i) in subparagraph (A), by inserting , including the unique needs and considerations of individuals with disabilities, after medical needs of at-risk individuals ; and (ii) in subparagraph (B), by inserting the before purpose of this section ; and (D) by adding at the end the following: (7) Countermeasures (A) Promoting strategic initiatives to advance countermeasures to diagnose, mitigate, prevent, or treat harm from any biological agent or toxin, chemical, radiological, or nuclear agent or agents, whether naturally occurring, unintentional, or deliberate. (B) For purposes of this paragraph, the term countermeasures has the same meaning as the terms qualified countermeasures under section 319F–1, qualified pandemic and epidemic products under section 319F–3, and security countermeasures under section 319F–2. (8) Medical and public health community resiliency Strengthening the ability of States, local communities, and tribal communities to prepare for, respond to, and be resilient in the event of public health emergencies, whether naturally occurring, unintentional, or deliberate by— (A) optimizing alignment and integration of medical and public health preparedness and response planning and capabilities with and into routine daily activities; and (B) promoting familiarity with local medical and public health systems. . (b) At-Risk individuals Section 2814 of the Public Health Service Act ( 42 U.S.C. 300hh–16 ) is amended— (1) by striking paragraphs (5), (7), and (8); (2) in paragraph (4), by striking 2811(b)(3)(B) and inserting 2802(b)(4)(B) ; (3) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively; (4) by inserting before paragraph (2) (as so redesignated), the following: (1) monitor emerging issues and concerns as they relate to medical and public health preparedness and response for at-risk individuals in the event of a public health emergency declared by the Secretary under section 319; ; (5) by amending paragraph (2) (as so redesignated) to read as follows: (2) oversee the implementation of the preparedness goals described in section 2802(b) with respect to the public health and medical needs of at-risk individuals in the event of a public health emergency, as described in section 2802(b)(4); ; and (6) by inserting after paragraph (6), the following: (7) disseminate and, as appropriate, update novel and best practices of outreach to and care of at-risk individuals before, during, and following public health emergencies in as timely a manner as is practicable, including from the time a public health threat is identified; and (8) ensure that public health and medical information distributed by the Department of Health and Human Services during a public health emergency is delivered in a manner that takes into account the range of communication needs of the intended recipients, including at-risk individuals. . 102. Assistant Secretary for Preparedness and Response (a) In general Section 2811 of the Public Health Service Act ( 42 U.S.C. 300hh–10 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by inserting , security countermeasures (as defined in section 319F–2), after qualified countermeasures (as defined in section 319F–1) ; (B) in paragraph (4), by adding at the end the following: (D) Policy coordination and strategic direction Provide integrated policy coordination and strategic direction with respect to all matters related to Federal public health and medical preparedness and execution and deployment of the Federal response for public health emergencies and incidents covered by the National Response Plan developed pursuant to section 504(6) of the Homeland Security Act of 2002, or any successor plan, before, during, and following public health emergencies. (E) Identification of inefficiencies Identify and minimize gaps, duplication, and other inefficiencies in medical and public health preparedness and response activities and the actions necessary to overcome these obstacles. (F) Coordination of grants and agreements Align and coordinate medical and public health grants and cooperative agreements as applicable to preparedness and response activities authorized under this Act, to the extent possible, including program requirements, timelines, and measurable goals, and in consultation with the Secretary of Homeland Security, to— (i) optimize and streamline medical and public health preparedness and response capabilities and the ability of local communities to respond to public health emergencies; and (ii) gather and disseminate best practices among grant and cooperative agreement recipients, as appropriate. (G) Drill and operational exercises Carry out drills and operational exercises, in consultation with the Department of Homeland Security, the Department of Defense, the Department of Veterans Affairs, and other applicable Federal departments and agencies, as necessary and appropriate, to identify, inform, and address gaps in and policies related to all-hazards medical and public health preparedness and response, including exercises based on— (i) identified threats for which countermeasures are available and for which no countermeasures are available; and (ii) unknown threats for which no countermeasures are available. (H) National security priority On a periodic basis consult with, as applicable and appropriate, the Assistant to the President for National Security Affairs, to provide an update on, and discuss, medical and public health preparedness and response activities pursuant to this Act and the Federal Food, Drug, and Cosmetic Act, including progress on the development, approval, clearance, and licensure of medical countermeasures. ; and (C) by adding at the end the following: (7) Countermeasures budget plan Develop, and update on an annual basis, a coordinated 5-year budget plan based on the medical countermeasure priorities described in subsection (d). Each such plan shall— (A) include consideration of the entire medical countermeasures enterprise, including— (i) basic research and advanced research and development; (ii) approval, clearance, licensure, and authorized uses of products; and (iii) procurement, stockpiling, maintenance, and replenishment of all products in the Strategic National Stockpile; (B) inform prioritization of resources and include measurable outputs and outcomes to allow for the tracking of the progress made toward identified priorities; (C) identify medical countermeasure life-cycle costs to inform planning, budgeting, and anticipated needs within the continuum of the medical countermeasure enterprise consistent with section 319F–2; and (D) be made available to the appropriate committees of Congress upon request. ; (2) by striking subsection (c) and inserting the following: (c) Functions The Assistant Secretary for Preparedness and Response shall— (1) have lead responsibility within the Department of Health and Human Services for emergency preparedness and response policy coordination and strategic direction; (2) have authority over and responsibility for— (A) the National Disaster Medical System pursuant to section 2812; (B) the Hospital Preparedness Cooperative Agreement Program pursuant to section 319C–2; (C) the Biomedical Advanced Research and Development Authority pursuant to section 319L; (D) the Medical Reserve Corps pursuant to section 2813; (E) the Emergency System for Advance Registration of Volunteer Health Professionals pursuant to section 319I; and (F) administering grants and related authorities related to trauma care under parts A through C of title XII, such authority to be transferred by the Secretary from the Administrator of the Health Resources and Services Administration to such Assistant Secretary; (3) exercise the responsibilities and authorities of the Secretary with respect to the coordination of— (A) the Public Health Emergency Preparedness Cooperative Agreement Program pursuant to section 319C–1; (B) the Strategic National Stockpile pursuant to section 319F–2; and (C) the Cities Readiness Initiative; and (4) assume other duties as determined appropriate by the Secretary. ; and (3) by adding at the end the following: (d) Public Health Emergency Medical Countermeasures Enterprise Strategy and Implementation Plan (1) In general Not later than 180 days after the date of enactment of this subsection, and every year thereafter, the Assistant Secretary for Preparedness and Response shall develop and submit to the appropriate committees of Congress a coordinated strategy and accompanying implementation plan for medical countermeasures to address chemical, biological, radiological, and nuclear threats. In developing such a plan, the Assistant Secretary for Preparedness and Response shall consult with the Director of the Biomedical Advanced Research and Development Authority, the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, and the Commissioner of Food and Drugs. Such strategy and plan shall be known as the Public Health Emergency Medical Countermeasures Enterprise Strategy and Implementation Plan . (2) Requirements The plan under paragraph (1) shall— (A) describe the chemical, biological, radiological, and nuclear agent or agents that may present a threat to the Nation and the corresponding efforts to develop qualified countermeasures (as defined in section 319F–1), security countermeasures (as defined in section 319F–2), or qualified pandemic or epidemic products (as defined in section 319F–3) for each threat; (B) evaluate the progress of all activities with respect to such countermeasures or products, including research, advanced research, development, procurement, stockpiling, deployment, distribution, and utilization; (C) identify and prioritize near-, mid-, and long-term needs with respect to such countermeasures or products to address a chemical, biological, radiological, and nuclear threat or threats; (D) identify, with respect to each category of threat, a summary of all awards and contracts, including advanced research and development and procurement, that includes— (i) the time elapsed from the issuance of the initial solicitation or request for a proposal to the adjudication (such as the award, denial of award, or solicitation termination); and (ii) an identification of projected timelines, anticipated funding allocations, benchmarks, and milestones for each medical countermeasure priority under subparagraph (C), including projected needs with regard to replenishment of the Strategic National Stockpile; (E) be informed by the recommendations of the National Biodefense Science Board pursuant to section 319M; (F) evaluate progress made in meeting timelines, allocations, benchmarks, and milestones identified under subparagraph (D)(ii); (G) report on the amount of funds available for procurement in the special reserve fund as defined in section 319F–2(h) and the impact this funding will have on meeting the requirements under section 319F–2; (H) incorporate input from Federal, State, local, and tribal stakeholders; (I) identify the progress made in meeting the medical countermeasure priorities for at-risk individuals (as defined in 2802(b)(4)(B)), as applicable under subparagraph (C), including with regard to the projected needs for related stockpiling and replenishment of the Strategic National Stockpile, including by addressing the needs of pediatric populations with respect to such countermeasures and products in the Strategic National Stockpile, including— (i) a list of such countermeasures and products necessary to address the needs of pediatric populations; (ii) a description of measures taken to coordinate with the Office of Pediatric Therapeutics of the Food and Drug Administration to maximize the labeling, dosages, and formulations of such countermeasures and products for pediatric populations; (iii) a description of existing gaps in the Strategic National Stockpile and the development of such countermeasures and products to address the needs of pediatric populations; and (iv) an evaluation of the progress made in addressing priorities identified pursuant to subparagraph (C); (J) identify the use of authority and activities undertaken pursuant to sections 319F–1(b)(1), 319F–1(b)(2), 319F–1(b)(3), 319F–1(c), 319F–1(d), 319F–1(e), 319F–2(c)(7)(C)(iii), 319F–2(c)(7)(C)(iv), and 319F–2(c)(7)(C)(v) of this Act, and subsections (a)(1), (b)(1), and (e) of section 564 of the Federal Food, Drug, and Cosmetic Act, by summarizing— (i) the particular actions that were taken under the authorities specified, including, as applicable, the identification of the threat agent, emergency, or the biomedical countermeasure with respect to which the authority was used; (ii) the reasons underlying the decision to use such authorities, including, as applicable, the options that were considered and rejected with respect to the use of such authorities; (iii) the number of, nature of, and other information concerning the persons and entities that received a grant, cooperative agreement, or contract pursuant to the use of such authorities, and the persons and entities that were considered and rejected for such a grant, cooperative agreement, or contract, except that the report need not disclose the identity of any such person or entity; (iv) whether, with respect to each procurement that is approved by the President under section 319F–2(c)(6), a contract was entered into within one year after such approval by the President; and (v) with respect to section 319F–1(d), for the one-year period for which the report is submitted, the number of persons who were paid amounts totaling $100,000 or greater and the number of persons who were paid amounts totaling at least $50,000 but less than $100,000; and (K) be made publicly available. (3) GAO report (A) In general Not later than 1 year after the date of the submission to the Congress of the first Public Health Emergency Medical Countermeasures Enterprise Strategy and Implementation Plan, the Comptroller General of the United States shall conduct an independent evaluation, and submit to the appropriate committees of Congress a report, concerning such Strategy and Implementation Plan. (B) Content The report described in subparagraph (A) shall review and assess— (i) the near-term, mid-term, and long-term medical countermeasure needs and identified priorities of the Federal Government pursuant to paragraph (2)(C); (ii) the activities of the Department of Health and Human Services with respect to advanced research and development pursuant to section 319L; and (iii) the progress made toward meeting the timelines, allocations, benchmarks, and milestones identified in the Public Health Emergency Medical Countermeasures Enterprise Strategy and Implementation Plan under this subsection. (e) Protection of national security In carrying out subsections (b)(7) and (d), the Secretary shall ensure that information and items that could compromise national security, contain confidential commercial information, or contain proprietary information are not disclosed. . (b) Interagency coordination plan In the first Public Health Emergency Countermeasures Enterprise Strategy and Implementation Plan submitted under subsection (d) of section 2811 of the Public Health Service Act ( 42 U.S.C. 300hh–10 ) (as added by subsection (a)(3)), the Secretary of Health and Human Services, in consultation with the Secretary of Defense, shall include a description of the manner in which the Department of Health and Human Services is coordinating with the Department of Defense regarding countermeasure activities to address chemical, biological, radiological, and nuclear threats. Such report shall include information with respect to— (1) the research, advanced research, development, procurement, stockpiling, and distribution of countermeasures to meet identified needs; and (2) the coordination of efforts between the Department of Health and Human Services and the Department of Defense to address countermeasure needs for various segments of the population. 103. National Advisory Committee on Children and Disasters Subtitle B of title XXVIII of the Public Health Service Act ( 42 U.S.C. 300hh et seq. ) is amended by inserting after section 2811 the following: 2811A. National Advisory Committee on Children and Disasters (a) Establishment The Secretary, in consultation with the Secretary of Homeland Security, shall establish an advisory committee to be known as the National Advisory Committee on Children and Disasters (referred to in this section as the Advisory Committee ). (b) Duties The Advisory Committee shall— (1) provide advice and consultation with respect to the activities carried out pursuant to section 2814, as applicable and appropriate; (2) evaluate and provide input with respect to the medical and public health needs of children as they relate to preparation for, response to, and recovery from all-hazards emergencies; and (3) provide advice and consultation with respect to State emergency preparedness and response activities and children, including related drills and exercises pursuant to the preparedness goals under section 2802(b). (c) Additional duties The Advisory Committee may provide advice and recommendations to the Secretary with respect to children and the medical and public health grants and cooperative agreements as applicable to preparedness and response activities authorized under this title and title III. (d) Membership (1) In general The Secretary, in consultation with such other Secretaries as may be appropriate, shall appoint not to exceed 15 members to the Advisory Committee. In appointing such members, the Secretary shall ensure that the total membership of the Advisory Committee is an odd number. (2) Required members The Secretary, in consultation with such other Secretaries as may be appropriate, may appoint to the Advisory Committee under paragraph (1) such individuals as may be appropriate to perform the duties described in subsections (b) and (c), which may include— (A) the Assistant Secretary for Preparedness and Response; (B) the Director of the Biomedical Advanced Research and Development Authority; (C) the Director of the Centers for Disease Control and Prevention; (D) the Commissioner of Food and Drugs; (E) the Director of the National Institutes of Health; (F) the Assistant Secretary of the Administration for Children and Families; (G) the Administrator of the Federal Emergency Management Agency; (H) at least two non-Federal health care professionals with expertise in pediatric medical disaster planning, preparedness, response, or recovery; (I) at least two representatives from State, local, territorial, or tribal agencies with expertise in pediatric disaster planning, preparedness, response, or recovery; and (J) representatives from such Federal agencies (such as the Department of Education and the Department of Homeland Security) as determined necessary to fulfill the duties of the Advisory Committee, as established under subsections (b) and (c). (e) Meetings The Advisory Committee shall meet not less than biannually. (f) Sunset The Advisory Committee shall terminate on the date that is 5 years after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 . . 104. Modernization of the National Disaster Medical System Section 2812 of the Public Health Service Act ( 42 U.S.C. 300hh–11 ) is amended— (1) in subsection (a)(3)— (A) in subparagraph (A), in clause (i) by inserting , including at-risk individuals as applicable after victims of a public health emergency ; (B) by redesignating subparagraph (C) as subparagraph (E); and (C) by inserting after subparagraph (B), the following: (C) Considerations for at-risk populations The Secretary shall take steps to ensure that an appropriate specialized and focused range of public health and medical capabilities are represented in the National Disaster Medical System, which take into account the needs of at-risk individuals, in the event of a public health emergency. . (D) Administration The Secretary may determine and pay claims for reimbursement for services under subparagraph (A) directly or through contracts that provide for payment in advance or by way of reimbursement. ; and (2) in subsection (g), by striking such sums as may be necessary for each of the fiscal years 2007 through 2011 and inserting $52,700,000 for each of fiscal years 2013 through 2017 . 105. Continuing the role of the Department of Veterans Affairs Section 8117(g) of title 38, United States Code, is amended by striking such sums as may be necessary to carry out this section for each of fiscal years 2007 through 2011 and inserting $155,300,000 for each of fiscal years 2013 through 2017 to carry out this section . II Optimizing State and local all-hazards preparedness and response 201. Temporary redeployment of federally funded personnel during a public health emergency Section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) is amended by adding at the end the following: (e) Temporary redeployment of federally funded personnel during a public health emergency (1) Emergency redeployment of federally funded personnel Notwithstanding any other provision of law, and subject to paragraph (2), upon request by the Governor of a State or the chief of a tribe or such Governor or chief’s designee, the Secretary may authorize the requesting State or tribe to temporarily redeploy, for purposes of immediately addressing a public health emergency in the State or tribe, non-Federal personnel funded in whole or in part through, as appropriate, programs under this Act. (2) Activation of emergency redeployment (A) Public health emergency The Secretary may authorize a temporary redeployment of personnel under paragraph (1) only during the period of a public health emergency determined pursuant to subsection (a). (B) Contents of request To seek authority for a temporary redeployment of personnel under paragraph (1), the Governor of a State or the chief of a tribe shall submit to the Secretary a request for such authority and shall include in the request each of the following: (i) An assurance that the public health emergency in the geographic area of the requesting State or tribe cannot be adequately and appropriately addressed by the public health workforce otherwise available. (ii) An assurance that the public health emergency would be addressed more efficiently and effectively through the requested temporary redeployment of personnel. (iii) An assurance that the requested temporary redeployment of personnel is consistent with any applicable All-Hazards Public Health Emergency Preparedness and Response Plan under section 319C–1. (iv) An identification of— (I) each Federal program from which personnel would be temporarily redeployed pursuant to the requested authority; and (II) the number of personnel who would be so redeployed from each such program. (v) Such other information and assurances as the Secretary may require. (C) Consideration In reviewing a request for temporary redeployment under paragraph (1) of personnel funded through a Federal program, the Secretary shall consider the degree to which the program would be adversely affected by the redeployment. (D) Termination and extension (i) Termination A State or tribe’s authority for a temporary redeployment of personnel under paragraph (1) shall terminate upon the earlier of the following: (I) The Secretary’s determination that the public health emergency no longer exists. (II) Subject to clause (ii), the expiration of the 30-day period following the date on which the Secretary approved the State or tribe’s request for such authority. (ii) Extension authority The Secretary may extend the authority to authorize a temporary redeployment of personnel under paragraph (1) beyond the date otherwise applicable under clause (i)(II) if the public health emergency still exists as of such date, but only if— (I) the State or tribe that submitted the initial request for authority for a temporary redeployment of personnel submits a request for an extension of such authority; and (II) the request for an extension contains the same type of information and assurances necessary for the approval of an initial request for such authority. (3) Notice to personnel of possibility of redeployment The Secretary shall ensure that, if a State or tribe receives Federal funds for personnel who are subject to the Secretary’s redeployment authority under this subsection, the State or tribe gives notice to such personnel of the possibility of redeployment— (A) at the time of hiring; or (B) in the case of personnel hired before the date of the enactment of this subsection, as soon as practicable. (4) Notice to Congress The Secretary shall give notice to the Congress in conjunction with the approval under this subsection of— (A) any initial request for authority for a temporary redeployment of personnel; and (B) any request for an extension of such authority. (5) Guidance The Secretary shall— (A) not later than 6 months after the enactment of this subsection, issue proposed guidance on the temporary redeployment of personnel under this subsection; and (B) after providing notice and a 60-day period for public comment, finalize such guidance. (6) Report to Congress Not later than 4 years after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 , the Comptroller General of the United States shall conduct an independent evaluation, and submit to the appropriate committees of the Congress a report, on the Secretary’s authority under this subsection, including— (A) a description of how, and under what circumstances, such authority has been used by States and tribes; (B) an analysis of how such authority has assisted States and tribes in responding to public health emergencies; (C) an evaluation of how such authority has improved operational efficiencies in responding to public health emergencies; (D) an analysis of the extent to which, if any, Federal programs from which personnel have been temporarily redeployed pursuant to such authority have been adversely affected by the redeployment; and (E) recommendations on how such authority could be improved to further assist in responding to public health emergencies. (7) Definition In this subsection, the term State includes, in addition to the entities listed in the definition of such term in section 2, the Freely Associated States. (8) Sunset The authority under this subsection shall terminate on the date that is 5 years after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 . . 202. Improving State and local public health security (a) Cooperative agreements Section 319C–1 of the Public Health Service Act ( 42 U.S.C. 247d–3a ) is amended— (1) in subsection (b)(1)(C), by striking consortium of entities described in subparagraph (A) and inserting consortium of States ; (2) in subsection (b)(2)— (A) in subparagraph (A)— (i) by striking clauses (i) and (ii) and inserting the following: (i) a description of the activities such entity will carry out under the agreement to meet the goals identified under section 2802, including with respect to chemical, biological, radiological, or nuclear threats, whether naturally occurring, unintentional, or deliberate; (ii) a description of the activities such entity will carry out with respect to pandemic influenza, as a component of the activities carried out under clause (i), and consistent with the requirements of paragraphs (2) and (5) of subsection (g); ; (ii) in clause (iv), by striking and at the end; and (iii) by adding at the end the following: (vi) a description of how, as appropriate, the entity may partner with relevant public and private stakeholders in public health emergency preparedness and response; (vii) a description of how the entity, as applicable and appropriate, will coordinate with State emergency preparedness and response plans in public health emergency preparedness, including State educational agencies (as defined in section 9101(41) of the Elementary and Secondary Education Act of 1965) and State child care lead agencies (designated under section 658D of the Child Care and Development Block Grant Act of 1990); (viii) in the case of entities that operate on the United States-Mexico border or the United States-Canada border, a description of the activities such entity will carry out under the agreement that are specific to the border area including disease detection, identification, investigation, and preparedness and response activities related to emerging diseases and infectious disease outbreaks whether naturally occurring or due to bioterrorism, consistent with the requirements of this section; and (ix) a description of any activities that such entity will use to analyze real-time clinical specimens for pathogens of public health or bioterrorism significance, including any utilization of poison control centers; ; and (B) in subparagraph (C), by inserting , including addressing the needs of at-risk individuals, after capabilities of such entity ; (3) in subsection (f)— (A) in paragraph (2), by adding and at the end; (B) in paragraph (3), by striking ; and and inserting a period; and (C) by striking paragraph (4); (4) in subsection (g)— (A) in paragraph (1), by striking subparagraph (A) and inserting the following: (A) include outcome goals representing operational achievements of the National Preparedness Goals developed under section 2802(b) with respect to all-hazards, including chemical, biological, radiological, or nuclear threats; and ; and (B) in paragraph (2)(A), by adding at the end the following: The Secretary shall periodically update, as necessary and appropriate, such pandemic influenza plan criteria and shall require the integration of such criteria into the benchmarks and standards described in paragraph (1). ; (5) by striking subsection (h); (6) in subsection (i)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) by striking $824,000,000 for fiscal year 2007, of which $35,000,000 shall be used to carry out subsection (h), and inserting $641,900,000 for fiscal year 2013 ; and (II) by striking such sums as may be necessary for each of fiscal years 2008 through 2011 and inserting $641,900,000 for each of fiscal years 2014 through 2017 ; (ii) by striking subparagraph (B); (iii) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively; and (iv) in subparagraph (C), as so redesignated, by striking subparagraph (C) and inserting subparagraph (B) ; (B) in subparagraphs (C) and (D) of paragraph (3), by striking (1)(A)(i)(I) each place it appears and inserting (1)(A) ; (C) in paragraph (4)(B), by striking subsection (c) and inserting subsection (b) ; and (D) by adding at the end the following: (7) Availability of cooperative agreement funds (A) In general Amounts provided to an eligible entity under a cooperative agreement under subsection (a) for a fiscal year and remaining unobligated at the end of such year shall remain available to such entity for the next fiscal year for the purposes for which such funds were provided. (B) Funds contingent on achieving benchmarks The continued availability of funds under subparagraph (A) with respect to an entity shall be contingent upon such entity achieving the benchmarks and submitting the pandemic influenza plan as described in subsection (g). ; and (7) in subsection (j), by striking paragraph (3). (b) Vaccine tracking and distribution Section 319A(e) of the Public Health Service Act ( 42 U.S.C. 247d–1(e) ) is amended by striking such sums for each of fiscal years 2007 through 2011 and inserting $30,800,000 for each of fiscal years 2013 through 2017 . 203. Hospital preparedness and medical surge capacity (a) All-Hazards public health and medical response curricula and training Section 319F(a)(5)(B) of the Public Health Service Act ( 42 U.S.C. 247d–6(a)(5)(B) ) is amended by striking public health or medical and inserting public health, medical, or dental . (b) Encouraging health professional volunteers (1) Emergency system for advance registration of volunteer health professionals Section 319I(k) of the Public Health Service Act (42 U.S.C. 247d–7b(k)) is amended by striking $2,000,000 for fiscal year 2002, and such sums as may be necessary for each of the fiscal years 2003 through 2011 and inserting $5,000,000 for each of fiscal years 2013 through 2017 . (2) Volunteers Section 2813 of the Public Health Service Act ( 42 U.S.C. 300hh–15 ) is amended— (A) in subsection (d)(2), by adding at the end the following: Such training exercises shall, as appropriate and applicable, incorporate the needs of at-risk individuals in the event of a public health emergency. ; and (B) in subsection (i), by striking $22,000,000 for fiscal year 2007, and such sums as may be necessary for each of fiscal years 2008 through 2011 and inserting $11,200,000 for each of fiscal years 2013 through 2017 . (c) Partnerships for State and regional preparedness To improve surge capacity Section 319C–2 of the Public Health Service Act ( 42 U.S.C. 247d–3b ) is amended— (1) in subsection (a), by inserting , including capacity and preparedness to address the needs of pediatric and other at-risk populations before the period at the end; (2) in subsection (b)(1)(A)(ii), by striking centers, primary and inserting centers, community health centers, primary ; (3) by striking subsection (c) and inserting the following: (c) Use of funds An award under subsection (a) shall be expended for activities to achieve the preparedness goals described under paragraphs (1), (3), (4), (5), and (6) of section 2802(b) with respect to all-hazards, including chemical, biological, radiological, or nuclear threats. ; (4) by striking subsection (g) and inserting the following: (g) Coordination (1) Local response capabilities An eligible entity shall, to the extent practicable, ensure that activities carried out under an award under subsection (a) are coordinated with activities of relevant local Metropolitan Medical Response Systems, local Medical Reserve Corps, the local Cities Readiness Initiative, and local emergency plans. (2) National collaboration Partnerships consisting of one or more eligible entities under this section may, to the extent practicable, collaborate with other partnerships consisting of one or more eligible entities under this section for purposes of national coordination and collaboration with respect to activities to achieve the preparedness goals described under paragraphs (1), (3), (4), (5), and (6) of section 2802(b). ; (5) in subsection (i)— (A) by striking The requirements of and inserting the following: (1) In general The requirements of ; and (B) by adding at the end the following: (2) Meeting goals of National Health Security Strategy The Secretary shall implement objective, evidence-based metrics to ensure that entities receiving awards under this section are meeting, to the extent practicable, the applicable goals of the National Health Security Strategy under section 2802. ; and (6) in subsection (j)— (A) by amending paragraph (1) to read as follows: (1) In general For purposes of carrying out this section, there is authorized to be appropriated $374,700,000 for each of fiscal years 2013 through 2017. ; and (B) by adding at the end the following: (4) Availability of cooperative agreement funds (A) In general Amounts provided to an eligible entity under a cooperative agreement under subsection (a) for a fiscal year and remaining unobligated at the end of such year shall remain available to such entity for the next fiscal year for the purposes for which such funds were provided. (B) Funds contingent on achieving benchmarks The continued availability of funds under subparagraph (A) with respect to an entity shall be contingent upon such entity achieving the benchmarks and submitting the pandemic influenza plan as required under subsection (i). . 204. Enhancing situational awareness and biosurveillance Section 319D of the Public Health Service Act ( 42 U.S.C. 247d–4 ) is amended— (1) in subsection (b)— (A) in paragraph (1)(B), by inserting poison control centers, after hospitals, ; (B) in paragraph (2), by inserting before the period at the end the following: , allowing for coordination to maximize all-hazards medical and public health preparedness and response and to minimize duplication of effort ; and (C) in paragraph (3), by inserting before the period at the end the following: and update such standards as necessary ; (2) by striking subsection (c); and (3) in subsection (d)— (A) in the subsection heading, by striking Public Health Situational Awareness and inserting Modernizing Public Health Situational Awareness and Biosurveillance ; (B) in paragraph (1)— (i) by striking Pandemic and All-Hazards Preparedness Act and inserting Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 ; and (ii) by inserting , novel emerging threats, after disease outbreaks ; (C) by striking paragraph (2) and inserting the following: (2) Strategy and implementation plan Not later than 180 days after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 , the Secretary shall submit to the appropriate committees of Congress a coordinated strategy and an accompanying implementation plan that identifies and demonstrates the measurable steps the Secretary will carry out to— (A) develop, implement, and evaluate the network described in paragraph (1), utilizing the elements described in paragraph (3); (B) modernize and enhance biosurveillance activities; and (C) improve information sharing, coordination, and communication among disparate biosurveillance systems supported by the Department of Health and Human Services. ; (D) in paragraph (3)(D), by inserting community health centers, health centers after poison control, ; (E) in paragraph (5), by striking subparagraph (A) and inserting the following: (A) utilize applicable interoperability standards as determined by the Secretary, and in consultation with the Office of the National Coordinator for Health Information Technology, through a joint public and private sector process; ; and (F) by adding at the end the following: (6) Consultation with the National Biodefense Science Board In carrying out this section and consistent with section 319M, the National Biodefense Science Board shall provide expert advice and guidance, including recommendations, regarding the measurable steps the Secretary should take to modernize and enhance biosurveillance activities pursuant to the efforts of the Department of Health and Human Services to ensure comprehensive, real-time, all-hazards biosurveillance capabilities. In complying with the preceding sentence, the National Biodefense Science Board shall— (A) identify the steps necessary to achieve a national biosurveillance system for human health, with international connectivity, where appropriate, that is predicated on State, regional, and community level capabilities and creates a networked system to allow for two-way information flow between and among Federal, State, and local government public health authorities and clinical health care providers; (B) identify any duplicative surveillance programs under the authority of the Secretary, or changes that are necessary to existing programs, in order to enhance and modernize such activities, minimize duplication, strengthen and streamline such activities under the authority of the Secretary, and achieve real-time and appropriate data that relate to disease activity, both human and zoonotic; and (C) coordinate with applicable existing advisory committees of the Director of the Centers for Disease Control and Prevention, including such advisory committees consisting of representatives from State, local, and tribal public health authorities and appropriate public and private sector health care entities and academic institutions, in order to provide guidance on public health surveillance activities. ; (4) in subsection (e)(5), by striking 4 years after the date of enactment of the Pandemic and All-Hazards Preparedness Act and inserting 3 years after the date of enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 ; (5) in subsection (g), by striking such sums as may be necessary in each of fiscal years 2007 through 2011 and inserting $138,300,000 for each of fiscal years 2013 through 2017 ; and (6) by adding at the end the following: (h) Definition For purposes of this section the term biosurveillance means the process of gathering near real-time biological data that relates to human and zoonotic disease activity and threats to human or animal health, in order to achieve early warning and identification of such health threats, early detection and prompt ongoing tracking of health events, and overall situational awareness of disease activity. . 205. Eliminating duplicative Project Bioshield reports Section 5 of the Project Bioshield Act of 2004 ( 42 U.S.C. 247d–6c ) is repealed. III Enhancing Medical Countermeasure Review 301. Special protocol assessment Section 505(b)(5)(B) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b)(5)(B) ) is amended by striking size of clinical trials intended and all that follows through . The sponsor or applicant and inserting the following: “size— (i) (I) of clinical trials intended to form the primary basis of an effectiveness claim; or (II) in the case where human efficacy studies are not ethical or feasible, of animal and any associated clinical trials which, in combination, are intended to form the primary basis of an effectiveness claim; or (ii) with respect to an application for approval of a biological product under section 351(k) of the Public Health Service Act, of any necessary clinical study or studies. The sponsor or applicant . 302. Authorization for medical products for use in emergencies (a) In general Section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ) is amended— (1) in subsection (a)— (A) in paragraph (1), by striking sections 505, 510(k), and 515 of this Act and inserting any provision of this Act ; (B) in paragraph (2)(A), by striking under a provision of law referred to in such paragraph and inserting under section 505, 510(k), or 515 of this Act or section 351 of the Public Health Service Act ; and (C) in paragraph (3), by striking a provision of law referred to in such paragraph and inserting a section of this Act or the Public Health Service Act referred to in paragraph (2)(A) ; (2) in subsection (b)— (A) in the subsection heading, by striking Emergency and inserting Emergency or Threat Justifying Emergency Authorized Use ; (B) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking may declare an emergency and inserting may make a declaration that the circumstances exist ; (ii) in subparagraph (A), by striking specified ; (iii) in subparagraph (B)— (I) by striking specified ; and (II) by striking ; or and inserting a semicolon; (iv) by amending subparagraph (C) to read as follows: (C) a determination by the Secretary that there is a public health emergency, or a significant potential for a public health emergency, that affects, or has a significant potential to affect, national security or the health and security of United States citizens living abroad, and that involves a biological, chemical, radiological, or nuclear agent or agents, or a disease or condition that may be attributable to such agent or agents; or ; and (v) by adding at the end the following: (D) the identification of a material threat pursuant to section 319F–2 of the Public Health Service Act sufficient to affect national security or the health and security of United States citizens living abroad. ; (C) in paragraph (2)— (i) in subparagraph (A), by amending clause (ii) to read as follows: (ii) a change in the approval status of the product such that the circumstances described in subsection (a)(2) have ceased to exist. ; (ii) by striking subparagraph (B); and (iii) by redesignating subparagraph (C) as subparagraph (B); (D) in paragraph (4), by striking advance notice of termination, and renewal under this subsection. and inserting , and advance notice of termination under this subsection. ; and (E) by adding at the end the following: (5) Explanation by Secretary If an authorization under this section with respect to an unapproved product or an unapproved use of an approved product has been in effect for more than 1 year, the Secretary shall provide in writing to the sponsor of such product an explanation of the scientific, regulatory, or other obstacles to approval, licensure, or clearance of such product or use, including specific actions to be taken by the Secretary and the sponsor to overcome such obstacles. ; (3) in subsection (c)— (A) in the matter preceding paragraph (1)— (i) by inserting the Assistant Secretary for Preparedness and Response, after consultation with ; (ii) by striking Health and and inserting Health, and ; and (iii) by striking circumstances of the emergency involved and inserting applicable circumstances described in subsection (b)(1) ; (B) in paragraph (1), by striking specified and inserting referred to ; and (C) in paragraph (2)(B), by inserting , taking into consideration the material threat posed by the agent or agents identified in a declaration under subsection (b)(1)(D), if applicable after risks of the product ; (4) in subsection (d)(3), by inserting , to the extent practicable given the circumstances of the emergency, after including ; (5) in subsection (e)— (A) in paragraph (1)(A), by striking circumstances of the emergency and inserting applicable circumstances described in subsection (b)(1) ; (B) in paragraph (1)(B), by amending clause (iii) to read as follows: (iii) Appropriate conditions with respect to collection and analysis of information concerning the safety and effectiveness of the product with respect to the use of such product during the period when the authorization is in effect and a reasonable time following such period. ; (C) in paragraph (2)— (i) in subparagraph (A)— (I) by striking manufacturer of the product and inserting person ; (II) by striking circumstances of the emergency and inserting applicable circumstances described in subsection (b)(1) ; and (III) by inserting at the end before the period or in paragraph (1)(B) ; (ii) in subparagraph (B)(i), by inserting before the period at the end , except as provided in section 564A with respect to authorized changes to the product expiration date ; and (iii) by amending subparagraph (C) to read as follows: (C) In establishing conditions under this paragraph with respect to the distribution and administration of the product for the unapproved use, the Secretary shall not impose conditions that would restrict distribution or administration of the product when distributed or administered for the approved use. ; and (D) by amending paragraph (3) to read as follows: (3) Good manufacturing practice; prescription With respect to the emergency use of a product for which an authorization under this section is issued (whether an unapproved product or an unapproved use of an approved product), the Secretary may waive or limit, to the extent appropriate given the applicable circumstances described in subsection (b)(1)— (A) requirements regarding current good manufacturing practice otherwise applicable to the manufacture, processing, packing, or holding of products subject to regulation under this Act, including such requirements established under section 501 or 520(f)(1), and including relevant conditions prescribed with respect to the product by an order under section 520(f)(2); (B) requirements established under section 503(b); and (C) requirements established under section 520(e). ; (6) in subsection (g)— (A) in the subsection heading, by inserting Review and before Revocation ; (B) in paragraph (1), by inserting after the period at the end the following: “As part of such review, the Secretary shall regularly review the progress made with respect to the approval, licensure, or clearance of— (A) an unapproved product for which an authorization was issued under this section; or (B) an unapproved use of an approved product for which an authorization was issued under this section. ; and (C) by amending paragraph (2) to read as follows: (2) Revision and revocation The Secretary may revise or revoke an authorization under this section if— (A) the circumstances described under subsection (b)(1) no longer exist; (B) the criteria under subsection (c) for issuance of such authorization are no longer met; or (C) other circumstances make such revision or revocation appropriate to protect the public health or safety. ; (7) in subsection (h)(1), by adding after the period at the end the following: The Secretary shall make any revisions to an authorization under this section available on the Internet Web site of the Food and Drug Administration. ; (8) by adding at the end of subsection (j) the following: (4) Nothing in this section shall be construed as authorizing a delay in the review or other consideration by the Secretary of any application or submission pending before the Food and Drug Administration for a product for which an authorization under this section is issued. ; and (9) by adding at the end the following: (m) Categorization of laboratory tests associated with devices subject to authorization (1) In general In issuing an authorization under this section with respect to a device, the Secretary may, subject to the provisions of this section, determine that a laboratory examination or procedure associated with such device shall be deemed, for purposes of section 353 of the Public Health Service Act, to be in a particular category of examinations and procedures (including the category described by subsection (d)(3) of such section) if, based on the totality of scientific evidence available to the Secretary— (A) such categorization would be beneficial to protecting the public health; and (B) the known and potential benefits of such categorization under the circumstances of the authorization outweigh the known and potential risks of the categorization. (2) Conditions of determination The Secretary may establish appropriate conditions on the performance of the examination or procedure pursuant to such determination. (3) Effective period A determination under this subsection shall be effective for purposes of section 353 of the Public Health Service Act notwithstanding any other provision of that section during the effective period of the relevant declaration under subsection (b). . (b) Emergency use of medical products Subchapter E of chapter V of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb et seq. ) is amended by inserting after section 564 the following: 564A. Emergency use of medical products (a) Definitions In this section: (1) Eligible product The term eligible product means a product that— (A) is approved or cleared under this chapter or licensed under section 351 of the Public Health Service Act; (B) (i) is intended for use to prevent, diagnose, or treat a disease or condition involving a biological, chemical, radiological, or nuclear agent or agents; or (ii) is intended for use to prevent, diagnose, or treat a serious or life-threatening disease or condition caused by a product described in clause (i); and (C) is intended for use during the circumstances under which— (i) a determination described in subparagraph (A), (B), or (C) of section 564(b)(1) has been made by the Secretary of Homeland Security, the Secretary of Defense, or the Secretary, respectively; or (ii) the identification of a material threat described in subparagraph (D) of section 564(b)(1) has been made pursuant to section 319F–2 of the Public Health Service Act. (2) Product The term product means a drug, device, or biological product. (b) Expiration dating (1) In general The Secretary may extend the expiration date and authorize the introduction or delivery for introduction into interstate commerce of an eligible product after the expiration date provided by the manufacturer if— (A) the expiration date extension is intended to support the United States ability to protect— (i) the public health; or (ii) military preparedness and effectiveness; and (B) the expiration date extension is supported by an appropriate scientific evaluation that is conducted or accepted by the Secretary. (2) Requirements and conditions Any extension of an expiration date under paragraph (1) shall, as part of the extension, identify— (A) each specific lot, batch, or other unit of the product for which extended expiration is authorized; (B) the duration of the extension; and (C) any other requirements or conditions as the Secretary may deem appropriate for the protection of the public health, which may include requirements for, or conditions on, product sampling, storage, packaging or repackaging, transport, labeling, notice to product recipients, recordkeeping, periodic testing or retesting, or product disposition. (3) Effect Notwithstanding any other provision of this Act or the Public Health Service Act, an eligible product shall not be considered an unapproved product (as defined in section 564(a)(2)(A)) and shall not be deemed adulterated or misbranded under this Act because, with respect to such product, the Secretary has, under paragraph (1), extended the expiration date and authorized the introduction or delivery for introduction into interstate commerce of such product after the expiration date provided by the manufacturer. (4) Expiration date For purposes of this subsection, the term expiration date means the date established through appropriate stability testing required by the regulations issued by the Secretary to ensure that the product meets applicable standards of identity, strength, quality, and purity at the time of use. (c) Current good manufacturing practice (1) In general The Secretary may, when the circumstances of a domestic, military, or public health emergency or material threat described in subsection (a)(1)(C) so warrant, authorize, with respect to an eligible product, deviations from current good manufacturing practice requirements otherwise applicable to the manufacture, processing, packing, or holding of products subject to regulation under this Act, including requirements under section 501 or 520(f)(1) or applicable conditions prescribed with respect to the eligible product by an order under section 520(f)(2). (2) Effect Notwithstanding any other provision of this Act or the Public Health Service Act, an eligible product shall not be considered an unapproved product (as defined in section 564(a)(2)(A)) and shall not be deemed adulterated or misbranded under this Act because, with respect to such product, the Secretary has authorized deviations from current good manufacturing practices under paragraph (1). (d) Emergency dispensing The requirements of sections 503(b) and 520(e) shall not apply to an eligible product, and the product shall not be considered an unapproved product (as defined in section 564(a)(2)(A)) and shall not be deemed adulterated or misbranded under this Act because it is dispensed without an individual prescription, if— (1) the product is dispensed during the circumstances described in subsection (a)(1)(C); and (2) such dispensing without an individual prescription occurs— (A) as permitted under the law of the State in which the product is dispensed; or (B) in accordance with an order issued by the Secretary, for the purposes and duration of the circumstances described in subsection (a)(1)(C). (e) Emergency use instructions (1) In general The Secretary, acting through an appropriate official within the Department of Health and Human Services, may create and issue emergency use instructions to inform health care providers or individuals to whom an eligible product is to be administered concerning such product's approved, licensed, or cleared conditions of use. (2) Effect Notwithstanding any other provisions of this Act or the Public Health Service Act, a product shall not be considered an unapproved product and shall not be deemed adulterated or misbranded under this Act because of the issuance of emergency use instructions under paragraph (1) with respect to such product or the introduction or delivery for introduction of such product into interstate commerce accompanied by such instructions— (A) during an emergency response to an actual emergency that is the basis for a determination described in subsection (a)(1)(C)(i); or (B) by a government entity (including a Federal, State, local, or tribal government entity), or a person acting on behalf of such a government entity, in preparation for an emergency response. . (c) Risk evaluation and mitigation strategies Section 505–1 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355–1 ), is amended— (1) in subsection (f), by striking paragraph (7); and (2) by adding at the end the following: (k) Waiver in public health emergencies The Secretary may waive any requirement of this section with respect to a qualified countermeasure (as defined in section 319F–1(a)(2) of the Public Health Service Act) to which a requirement under this section has been applied, if the Secretary determines that such waiver is required to mitigate the effects of, or reduce the severity of, the circumstances under which— (1) a determination described in subparagraph (A), (B), or (C) of section 564(b)(1) has been made by the Secretary of Homeland Security, the Secretary of Defense, or the Secretary, respectively; or (2) the identification of a material threat described in subparagraph (D) of section 564(b)(1) has been made pursuant to section 319F–2 of the Public Health Service Act. . (d) Products held for emergency use The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) is amended by inserting after section 564A, as added by subsection (b), the following: 564B. Products held for emergency use It is not a violation of any section of this Act or of the Public Health Service Act for a government entity (including a Federal, State, local, or tribal government entity), or a person acting on behalf of such a government entity, to introduce into interstate commerce a product (as defined in section 564(a)(4)) intended for emergency use, if that product— (1) is intended to be held and not used; and (2) is held and not used, unless and until that product— (A) is approved, cleared, or licensed under section 505, 510(k), or 515 of this Act or section 351 of the Public Health Service Act; (B) is authorized for investigational use under section 505 or 520 of this Act or section 351 of the Public Health Service Act; or (C) is authorized for use under section 564. . 303. Definitions Section 565 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–4 ) is amended by striking The Secretary, in consultation and inserting the following: (a) Definitions In this section— (1) the term countermeasure means a qualified countermeasure, a security countermeasure, and a qualified pandemic or epidemic product; (2) the term qualified countermeasure has the meaning given such term in section 319F–1 of the Public Health Service Act; (3) the term security countermeasure has the meaning given such term in section 319F–2 of such Act; and (4) the term qualified pandemic or epidemic product means a product that meets the definition given such term in section 319F–3 of the Public Health Service Act and— (A) that has been identified by the Department of Health and Human Services or the Department of Defense as receiving funding directly related to addressing chemical, biological, radiological, or nuclear threats, including pandemic influenza; or (B) is included under this paragraph pursuant to a determination by the Secretary. (b) General duties The Secretary, in consultation . 304. Enhancing medical countermeasure activities Section 565 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–4 ), as amended by section 303, is further amended— (1) in the section heading, by striking Technical Assistance and inserting Countermeasure Development, Review, and Technical Assistance ; (2) in subsection (b), by striking the subsection enumerator and all that follows through shall establish and inserting the following: (b) General duties In order to accelerate the development, stockpiling, approval, licensure, and clearance of qualified countermeasures, security countermeasures, and qualified pandemic or epidemic products, the Secretary, in consultation with the Assistant Secretary for Preparedness and Response, shall— (1) ensure the appropriate involvement of Food and Drug Administration personnel in interagency activities related to countermeasure advanced research and development, consistent with sections 319F, 319F–1, 319F–2, 319F–3, 319L, and 2811 of the Public Health Service Act; (2) ensure the appropriate involvement and consultation of Food and Drug Administration personnel in any flexible manufacturing activities carried out under section 319L of the Public Health Service Act, including with respect to meeting regulatory requirements set forth in this Act; (3) promote countermeasure expertise within the Food and Drug Administration by— (A) ensuring that Food and Drug Administration personnel involved in reviewing countermeasures for approval, licensure, or clearance are informed by the Assistant Secretary for Preparedness and Response on the material threat assessment conducted under section 319F–2 of the Public Health Service Act for the agent or agents for which the countermeasure under review is intended; (B) training Food and Drug Administration personnel regarding review of countermeasures for approval, licensure, or clearance; (C) holding public meetings at least twice annually to encourage the exchange of scientific ideas; and (D) establishing protocols to ensure that countermeasure reviewers have sufficient training or experience with countermeasures; (4) maintain teams, composed of Food and Drug Administration personnel with expertise on countermeasures, including specific countermeasures, populations with special clinical needs (including children and pregnant women that may use countermeasures, as applicable and appropriate), classes or groups of countermeasures, or other countermeasure-related technologies and capabilities, that shall— (A) consult with countermeasure experts, including countermeasure sponsors and applicants, to identify and help resolve scientific issues related to the approval, licensure, or clearance of countermeasures, through workshops or public meetings; and (B) improve and advance the science relating to the development of new tools, standards, and approaches to assessing and evaluating countermeasures— (i) in order to inform the process for countermeasure approval, clearance, and licensure; and (ii) with respect to the development of countermeasures for populations with special clinical needs, including children and pregnant women, in order to meet the needs of such populations, as necessary and appropriate; and (5) establish ; and (3) by adding at the end the following: (c) Final Guidance on development of animal models (1) In general Not later than 1 year after the date of the enactment of the Pandemic and All-Hazards Preparedness Reauthorization Act of 2013 , the Secretary shall provide final guidance to industry regarding the development of animal models to support approval, clearance, or licensure of countermeasures referred to in subsection (a) when human efficacy studies are not ethical or feasible. (2) Authority to extend deadline The Secretary may extend the deadline for providing final guidance under paragraph (1) by not more than 6 months upon submission by the Secretary of a report on the status of such guidance to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. (d) Development and animal modeling procedures (1) Availability of animal model meetings To facilitate the timely development of animal models and support the development, stockpiling, licensure, approval, and clearance of countermeasures, the Secretary shall, not later than 180 days after the enactment of this subsection, establish a procedure by which a sponsor or applicant that is developing a countermeasure for which human efficacy studies are not ethical or practicable, and that has an approved investigational new drug application or investigational device exemption, may request and receive— (A) a meeting to discuss proposed animal model development activities; and (B) a meeting prior to initiating pivotal animal studies. (2) Pediatric models To facilitate the development and selection of animal models that could translate to pediatric studies, any meeting conducted under paragraph (1) shall include discussion of animal models for pediatric populations, as appropriate. (e) Review and approval of countermeasures (1) Material threat When evaluating an application or submission for approval, licensure, or clearance of a countermeasure, the Secretary shall take into account the material threat posed by the chemical, biological, radiological, or nuclear agent or agents identified under section 319F–2 of the Public Health Service Act for which the countermeasure under review is intended. (2) Review expertise When practicable and appropriate, teams of Food and Drug Administration personnel reviewing applications or submissions described under paragraph (1) shall include a reviewer with sufficient training or experience with countermeasures pursuant to the protocols established under subsection (b)(3)(D). . 305. Regulatory management plans Section 565 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–4 ), as amended by section 304, is further amended by adding at the end the following: (f) Regulatory management plan (1) Definition In this subsection, the term eligible countermeasure means— (A) a security countermeasure with respect to which the Secretary has entered into a procurement contract under section 319F–2(c) of the Public Health Service Act; or (B) a countermeasure with respect to which the Biomedical Advanced Research and Development Authority has provided funding under section 319L of the Public Health Service Act for advanced research and development. (2) Regulatory management plan process The Secretary, in consultation with the Assistant Secretary for Preparedness and Response and the Director of the Biomedical Advanced Research and Development Authority, shall establish a formal process for obtaining scientific feedback and interactions regarding the development and regulatory review of eligible countermeasures by facilitating the development of written regulatory management plans in accordance with this subsection. (3) Submission of request and proposed plan by sponsor or applicant (A) In general A sponsor or applicant of an eligible countermeasure may initiate the process described under paragraph (2) upon submission of a written request to the Secretary. Such request shall include a proposed regulatory management plan. (B) Timing of submission A sponsor or applicant may submit a written request under subparagraph (A) after the eligible countermeasure has an investigational new drug or investigational device exemption in effect. (C) Response by Secretary The Secretary shall direct the Food and Drug Administration, upon submission of a written request by a sponsor or applicant under subparagraph (A), to work with the sponsor or applicant to agree on a regulatory management plan within a reasonable time not to exceed 90 days. If the Secretary determines that no plan can be agreed upon, the Secretary shall provide to the sponsor or applicant, in writing, the scientific or regulatory rationale why such agreement cannot be reached. (4) Plan The content of a regulatory management plan agreed to by the Secretary and a sponsor or applicant shall include— (A) an agreement between the Secretary and the sponsor or applicant regarding developmental milestones that will trigger responses by the Secretary as described in subparagraph (B); (B) performance targets and goals for timely and appropriate responses by the Secretary to the triggers described under subparagraph (A), including meetings between the Secretary and the sponsor or applicant, written feedback, decisions by the Secretary, and other activities carried out as part of the development and review process; and (C) an agreement on how the plan shall be modified, if needed. (5) Milestones and performance targets The developmental milestones described in paragraph (4)(A) and the performance targets and goals described in paragraph (4)(B) shall include— (A) feedback from the Secretary regarding the data required to support the approval, clearance, or licensure of the eligible countermeasure involved; (B) feedback from the Secretary regarding the data necessary to inform any authorization under section 564; (C) feedback from the Secretary regarding the data necessary to support the positioning and delivery of the eligible countermeasure, including to the Strategic National Stockpile; (D) feedback from the Secretary regarding the data necessary to support the submission of protocols for review under section 505(b)(5)(B); (E) feedback from the Secretary regarding any gaps in scientific knowledge that will need resolution prior to approval, licensure, or clearance of the eligible countermeasure and plans for conducting the necessary scientific research; (F) identification of the population for which the countermeasure sponsor or applicant seeks approval, licensure, or clearance and the population for which desired labeling would not be appropriate, if known; and (G) as necessary and appropriate, and to the extent practicable, a plan for demonstrating safety and effectiveness in pediatric populations, and for developing pediatric dosing, formulation, and administration with respect to the eligible countermeasure, provided that such plan would not delay authorization under section 564, approval, licensure, or clearance for adults. (6) Prioritization (A) Plans for security countermeasures The Secretary shall establish regulatory management plans for all security countermeasures for which a request is submitted under paragraph (3)(A). (B) Plans for other eligible countermeasures The Secretary shall determine whether resources are available to establish regulatory management plans for eligible countermeasures that are not security countermeasures. If resources are available to establish regulatory management plans for eligible countermeasures that are not security countermeasures, and if resources are not available to establish regulatory management plans for all eligible countermeasures for which requests have been submitted, the Director of the Biomedical Advanced Research and Development Authority, in consultation with the Commissioner, shall prioritize which eligible countermeasures may receive regulatory management plans. . 306. Report Section 565 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–4 ), as amended by section 305, is further amended by adding at the end the following: (g) Annual report Not later than 180 days after the date of enactment of this subsection, and annually thereafter, the Secretary shall make publicly available on the Web site of the Food and Drug Administration a report that details the countermeasure development and review activities of the Food and Drug Administration, including— (1) with respect to the development of new tools, standards, and approaches to assess and evaluate countermeasures— (A) the identification of the priorities of the Food and Drug Administration and the progress made on such priorities; and (B) the identification of scientific gaps that impede the development, approval, licensure, or clearance of countermeasures for populations with special clinical needs, including children and pregnant women, and the progress made on resolving these challenges; (2) with respect to countermeasures for which a regulatory management plan has been agreed upon under subsection (f), the extent to which the performance targets and goals set forth in subsection (f)(4)(B) and the regulatory management plan have been met, including, for each such countermeasure— (A) whether the regulatory management plan was completed within the required timeframe, and the length of time taken to complete such plan; (B) whether the Secretary adhered to the timely and appropriate response times set forth in such plan; and (C) explanations for any failure to meet such performance targets and goals; (3) the number of regulatory teams established pursuant to subsection (b)(4), the number of products, classes of products, or technologies assigned to each such team, and the number of, type of, and any progress made as a result of consultations carried out under subsection (b)(4)(A); (4) an estimate of resources obligated to countermeasure development and regulatory assessment, including— (A) Center-specific objectives and accomplishments; and (B) the number of full-time equivalent employees of the Food and Drug Administration who directly support the review of countermeasures; (5) the number of countermeasure applications and submissions submitted, the number of countermeasures approved, licensed, or cleared, the status of remaining submitted applications and submissions, and the number of each type of authorization issued pursuant to section 564; (6) the number of written requests for a regulatory management plan submitted under subsection (f)(3)(A), the number of regulatory management plans developed, and the number of such plans developed for security countermeasures; and (7) the number, type, and frequency of meetings between the Food and Drug Administration and— (A) sponsors of a countermeasure as defined in subsection (a); or (B) another agency engaged in development or management of portfolios for such countermeasures, including the Centers for Disease Control and Prevention, the Biomedical Advanced Research and Development Authority, the National Institutes of Health, and the appropriate agencies of the Department of Defense. . 307. Pediatric medical countermeasures (a) Pediatric studies of drugs Section 505A of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355a ) is amended— (1) in subsection (d), by adding at the end the following: (5) Consultation With respect to a drug that is a qualified countermeasure (as defined in section 319F–1 of the Public Health Service Act), a security countermeasure (as defined in section 319F–2 of the Public Health Service Act), or a qualified pandemic or epidemic product (as defined in section 319F–3 of the Public Health Service Act), the Secretary shall solicit input from the Assistant Secretary for Preparedness and Response regarding the need for and, from the Director of the Biomedical Advanced Research and Development Authority regarding the conduct of, pediatric studies under this section. ; and (2) in subsection (n)(1), by adding at the end the following: (C) For a drug that is a qualified countermeasure (as defined in section 319F–1 of the Public Health Service Act), a security countermeasure (as defined in section 319F–2 of the Public Health Service Act), or a qualified pandemic or epidemic product (as defined in section 319F–3 of such Act), in addition to any action with respect to such drug under subparagraph (A) or (B), the Secretary shall notify the Assistant Secretary for Preparedness and Response and the Director of the Biomedical Advanced Research and Development Authority of all pediatric studies in the written request issued by the Commissioner of Food and Drugs. . (b) Addition to priority list considerations Section 409I of the Public Health Service Act ( 42 U.S.C. 284m ) is amended— (1) by striking subsection (a)(2) and inserting the following: (2) Consideration of available information In developing and prioritizing the list under paragraph (1), the Secretary— (A) shall consider— (i) therapeutic gaps in pediatrics that may include developmental pharmacology, pharmacogenetic determinants of drug response, metabolism of drugs and biologics in children, and pediatric clinical trials; (ii) particular pediatric diseases, disorders or conditions where more complete knowledge and testing of therapeutics, including drugs and biologics, may be beneficial in pediatric populations; and (iii) the adequacy of necessary infrastructure to conduct pediatric pharmacological research, including research networks and trained pediatric investigators; and (B) may consider the availability of qualified countermeasures (as defined in section 319F–1), security countermeasures (as defined in section 319F–2), and qualified pandemic or epidemic products (as defined in section 319F–3) to address the needs of pediatric populations, in consultation with the Assistant Secretary for Preparedness and Response, consistent with the purposes of this section. ; and (2) in subsection (b), by striking subsection (a) and inserting paragraphs (1) and (2)(A) of subsection (a) . (c) Advice and recommendations of the pediatric advisory committee regarding countermeasures for pediatric populations Subsection (b)(2) of section 14 of the Best Pharmaceuticals for Children Act ( 42 U.S.C. 284m note) is amended— (1) in subparagraph (C), by striking the period and inserting ; and ; and (2) by adding at the end the following: (D) the development of countermeasures (as defined in section 565(a) of the Federal Food, Drug, and Cosmetic Act) for pediatric populations. . IV Accelerating medical countermeasure advanced research and development 401. BioShield (a) Procurement of countermeasures Section 319F–2(c) of the Public Health Service Act (42 U.S.C. 247d–6b(c)) is amended— (1) in paragraph (1)(B)(i)(III)(bb), by striking eight years and inserting 10 years ; (2) in paragraph (2)(C), by striking the designated congressional committees (as defined in paragraph (10)) and inserting the appropriate committees of Congress ; (3) in paragraph (5)(B)(ii), by striking eight years and inserting 10 years ; (4) in subparagraph (C) of paragraph (6)— (A) in the subparagraph heading, by striking designated congressional committees and inserting appropriate congressional committees ; and (B) by striking the designated congressional committees and inserting the appropriate congressional committees ; and (5) in paragraph (7)(C)— (A) in clause (i)(I), by inserting including advanced research and development, after as may reasonably be required, ; (B) in clause (ii)— (i) in subclause (III), by striking eight years and inserting 10 years ; and (ii) by striking subclause (IX) and inserting the following: (IX) Contract terms The Secretary, in any contract for procurement under this section— (aa) may specify— (AA) the dosing and administration requirements for the countermeasure to be developed and procured; (BB) the amount of funding that will be dedicated by the Secretary for advanced research, development, and procurement of the countermeasure; and (CC) the specifications the countermeasure must meet to qualify for procurement under a contract under this section; and (bb) shall provide a clear statement of defined Government purpose limited to uses related to a security countermeasure, as defined in paragraph (1)(B). ; and (C) by adding at the end the following: (viii) Flexibility In carrying out this section, the Secretary may, consistent with the applicable provisions of this section, enter into contracts and other agreements that are in the best interest of the Government in meeting identified security countermeasure needs, including with respect to reimbursement of the cost of advanced research and development as a reasonable, allowable, and allocable direct cost of the contract involved. . (b) Reauthorization of the special reserve fund Section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) is amended— (1) in subsection (c)— (A) by striking special reserve fund under paragraph (10) each place it appears and inserting special reserve fund as defined in subsection (h) ; and (B) by striking paragraphs (9) and (10); and (2) by adding at the end the following: (g) Special reserve fund (1) Authorization of appropriations In addition to amounts appropriated to the special reserve fund prior to the date of the enactment of this subsection, there is authorized to be appropriated, for the procurement of security countermeasures under subsection (c) and for carrying out section 319L (relating to the Biomedical Advanced Research and Development Authority), $2,800,000,000 for the period of fiscal years 2014 through 2018. Amounts appropriated pursuant to the preceding sentence are authorized to remain available until September 30, 2019. (2) Use of special reserve fund for advanced research and development The Secretary may utilize not more than 50 percent of the amounts authorized to be appropriated under paragraph (1) to carry out section 319L (related to the Biomedical Advanced Research and Development Authority). Amounts authorized to be appropriated under this subsection to carry out section 319L are in addition to amounts otherwise authorized to be appropriated to carry out such section. (3) Restrictions on use of funds Amounts in the special reserve fund shall not be used to pay costs other than payments made by the Secretary to a vendor for advanced development (under section 319L) or for procurement of a security countermeasure under subsection (c)(7). (4) Report Not later than 30 days after any date on which the Secretary determines that the amount of funds in the special reserve fund available for procurement is less than $1,500,000,000, the Secretary shall submit to the appropriate committees of Congress a report detailing the amount of such funds available for procurement and the impact such reduction in funding will have— (A) in meeting the security countermeasure needs identified under this section; and (B) on the annual Public Health Emergency Medical Countermeasures Enterprise and Strategy Implementation Plan (pursuant to section 2811(d)). (h) Definitions In this section: (1) The term advanced research and development has the meaning given such term in section 319L(a). (2) The term special reserve fund means the Biodefense Countermeasures appropriations account, any appropriation made available pursuant to section 521(a) of the Homeland Security Act of 2002, and any appropriation made available pursuant to subsection (g)(1). . 402. Biomedical Advanced Research and Development Authority (a) Duties Section 319L(c)(4) of the Public Health Service Act (42 U.S.C. 247d–7e(c)(4)) is amended— (1) in subparagraph (B)(iii), by inserting (which may include advanced research and development for purposes of fulfilling requirements under the Federal Food, Drug, and Cosmetic Act or section 351 of this Act) after development ; and (2) in subparagraph (D)(iii), by striking and vaccine manufacturing technologies and inserting vaccine-manufacturing technologies, dose-sparing technologies, efficacy-increasing technologies, and platform technologies . (b) Transaction authorities Section 319L(c)(5) of the Public Health Service Act (42 U.S.C. 247d–7e(c)(5)) is amended by adding at the end the following: (G) Government purpose In awarding contracts, grants, and cooperative agreements under this section, the Secretary shall provide a clear statement of defined Government purpose related to activities included in subsection (a)(6)(B) for a qualified countermeasure or qualified pandemic or epidemic product. . (c) Fund Paragraph (2) of section 319L(d) of the Public Health Service Act (42 U.S.C. 247d–7e(d)(2)) is amended to read as follows: (2) Funding To carry out the purposes of this section, there is authorized to be appropriated to the Fund $415,000,000 for each of fiscal years 2013 through 2017, such amounts to remain available until expended. . (d) Continued Inapplicability of Certain Provisions Section 319L(e)(1)(C) of the Public Health Service Act (42 U.S.C. 247d–7e(e)(1)(C)) is amended by striking 7 years and inserting 11 years . (e) Extension of limited antitrust exemption (1) In general Section 405(b) of the Pandemic and All-Hazards Preparedness Act (42 U.S.C. 247d–6a note) is amended by striking 6-year and inserting 11-year . (2) Effective date This subsection shall take effect as if enacted on December 17, 2012. (f) Independent evaluation Section 319L of the Public Health Service Act ( 42 U.S.C. 247d–7e ) is amended by adding at the end the following: (f) Independent evaluation (1) In general Not later than 180 days after the date of enactment of this subsection, the Comptroller General of the United States shall conduct an independent evaluation of the activities carried out to facilitate flexible manufacturing capacity pursuant to this section. (2) Report Not later than 1 year after the date of enactment of this subsection, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report concerning the results of the evaluation conducted under paragraph (1). Such report shall review and assess— (A) the extent to which flexible manufacturing capacity under this section is dedicated to chemical, biological, radiological, and nuclear threats; (B) the activities supported by flexible manufacturing initiatives; and (C) the ability of flexible manufacturing activities carried out under this section to— (i) secure and leverage leading technical expertise with respect to countermeasure advanced research, development, and manufacturing processes; and (ii) meet the surge manufacturing capacity needs presented by novel and emerging threats, including chemical, biological, radiological, and nuclear agents. . (g) Definitions (1) Qualified countermeasure Section 319F–1(a)(2)(A) of the Public Health Service Act (42 U.S.C. 247d–6a(a)(2)(A)) is amended— (A) in the matter preceding clause (i), by striking to— and inserting — ; (B) in clause (i)— (i) by striking diagnose and inserting to diagnose ; and (ii) by striking ; or and inserting a semicolon; (C) in clause (ii)— (i) by striking diagnose and inserting to diagnose ; and (ii) by striking the period at the end and inserting ; or ; and (D) by adding at the end the following: (iii) is a product or technology intended to enhance the use or effect of a drug, biological product, or device described in clause (i) or (ii). . (2) Qualified pandemic or epidemic product Section 319F–3(i)(7)(A) of the Public Health Service Act (42 U.S.C. 247d–6d(i)(7)(A)) is amended— (A) in clause (i)(II), by striking ; or and inserting ; ; (B) in clause (ii), by striking ; and and inserting ; or ; and (C) by adding at the end the following: (iii) a product or technology intended to enhance the use or effect of a drug, biological product, or device described in clause (i) or (ii); and . (3) Technical amendments Section 319F–3(i) of the Public Health Service Act (42 U.S.C. 247d–6d(i)) is amended— (A) in paragraph (1)(C), by inserting , 564A, or 564B after 564 ; and (B) in paragraph (7)(B)(iii), by inserting , 564A, or 564B after 564 . 403. Strategic National Stockpile Section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by inserting consistent with section 2811 before by the Secretary to be appropriate ; and (ii) by inserting before the period at the end of the second sentence the following: and shall submit such review annually to the appropriate congressional committees of jurisdiction to the extent that disclosure of such information does not compromise national security ; and (B) in paragraph (2)(D), by inserting before the semicolon at the end the following: and that the potential depletion of countermeasures currently in the stockpile is identified and appropriately addressed, including through necessary replenishment ; and (2) in subsection (f)(1), by striking $640,000,000 for fiscal year 2002, and such sums as may be necessary for each of fiscal years 2003 through 2006. Such authorization is in addition to amounts in the special reserve fund referred to in subsection (c)(10)(A). and inserting $533,800,000 for each of fiscal years 2013 through 2017. Such authorization is in addition to amounts in the special reserve fund referred to in subsection (h). . 404. National Biodefense Science Board Section 319M(a) of the Public Health Service Act (42 U.S.C. 247d–f(a)) is amended— (1) in paragraph (2)— (A) in subparagraph (D)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by striking the period and inserting a semicolon; and (iii) by adding at the end the following: (iii) one such member shall be an individual with pediatric subject matter expertise; and (iv) one such member shall be a State, tribal, territorial, or local public health official. ; and (B) by adding at the end the following flush sentence: Nothing in this paragraph shall preclude a member of the Board from satisfying two or more of the requirements described in subparagraph (D). ; and (2) in paragraph (5)— (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) provide any recommendation, finding, or report provided to the Secretary under this paragraph to the appropriate committees of Congress. . Passed the House of Representatives January 22, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr307eh/xml/BILLS-113hr307eh.xml

113-hr-308

I 113th CONGRESS 1st Session H. R. 308 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Hultgren (for himself and Mr. Ribble ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the salaries of Members of Congress to be held in escrow if all regular appropriation bills for a fiscal year have not been enacted by the beginning of the fiscal year, and for other purposes. 1. Short title This Act may be cited as the Constitutional Congressional Pay Accountability Act of 2013 . 2. Holding salaries of members of congress in escrow upon failure to enact regular appropriation bills for fiscal year (a) Escrow (1) In general If all of the regular appropriation bills for a fiscal year do not become law before the beginning of such fiscal year, the Secretary of the Treasury shall deposit all payments otherwise required to be made for the compensation of Members of Congress in an escrow account, and shall release such payments to the Members only upon the enactment of all such bills. (2) Withholding and remittance of amounts from payments held in escrow The Secretary of the Treasury shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1). (3) Coordination with House and Senate The Secretary of the Treasury shall enter into such agreements with the Chief Administrative Officer of the House of Representatives and the Secretary of the Senate as may be necessary to carry out this subsection. (b) Effective date This section shall apply with respect to fiscal year 2014 and each succeeding fiscal year. 3. Reduction in salary upon failure to enact regular appropriation bills prior to beginning of Congress (a) Reduction in Salary Notwithstanding any other provision of law, if all of the regular appropriation bills for the fiscal year in which a Congress begins do not become law before the first day of the Congress, the annual rate of pay for each Member of Congress for pay periods occurring during the Congress shall be the applicable rate in effect for the most recent pay period prior to the Congress reduced by 25 percent, rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100). (b) Effective date This section shall apply with respect to the One Hundred Fourteenth Congress and each succeeding Congress. 4. Definitions (a) Member of Congress In this Act, the term Member of Congress means an individual serving in a position under subparagraph (A), (B), or (C) of section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ). (b) Regular appropriation bill In this Act, the term regular appropriation bill means any annual appropriation bill making appropriations, otherwise making funds available, or granting authority, for any of the following categories of projects and activities: (1) Agriculture, rural development, Food and Drug Administration, and related agencies programs. (2) The Departments of Commerce, Justice, Science, and related agencies. (3) The Department of Defense. (4) Energy and water development, and related agencies. (5) Financial services and general government. (6) The Department of Homeland Security. (7) The Department of the Interior, environment, and related agencies. (8) The Departments of Labor, Health and Human Services, and Education, and related agencies. (9) The legislative branch. (10) Military construction and veterans affairs. (11) The Department of State, foreign operations, and related programs. (12) The Departments of Transportation, Housing and Urban Development, and related agencies.

https://www.govinfo.gov/content/pkg/BILLS-113hr308ih/xml/BILLS-113hr308ih.xml

113-hr-309

I 113th CONGRESS 1st Session H. R. 309 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Hultgren (for himself, Mr. Garrett , Mr. Ribble , Mr. Franks of Arizona , and Mr. Westmoreland ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 require the periodic review and automatic termination of Federal regulations. 1. Short title This Act may be cited as the Regulatory Sunset and Review Act of 2013 . 2. Purpose The purposes of this Act are— (1) to require agencies to regularly review their significant rules to determine whether they should be continued without change, modified, consolidated with another rule, or terminated; (2) to require agencies to consider the comments of the public, the regulated community, and the Congress regarding the actual costs and burdens of rules being reviewed under this Act, and whether the rules are obsolete, unnecessary, duplicative, conflicting, or otherwise inconsistent; (3) to require that any rules continued in effect under this Act meet all the legal requirements that would apply to the issuance of a new rule, including any applicable Federal cost-benefit and risk assessment requirements; (4) to provide for the review of significant rules and other rules through a sunset review process and to provide for the repeal or other change in such rules in accordance with chapters 5 and 7 of title 5, United States Code; (5) to provide for a petition process that allows the public and appropriate committees of the Congress to request that other rules that are not significant be reviewed in the same manner as significant rules; and (6) to require the Administrator to coordinate and be responsible for sunset reviews conducted by the agencies. 3. Review of regulations A covered rule shall be subject to review in accordance with this Act. Upon completion of such review, the agency which has jurisdiction over such rule shall— (1) issue a final report under section 8(c)(2) continuing such rule, or (2) conduct a rulemaking in accordance with section 8(d) to modify, consolidate with another rule, or terminate such rule. 4. Rules covered (a) Covered rules For purposes of this Act, a covered rule is a rule that— (1) is determined by the Administrator to be a significant rule under subsection (b); or (2) is any other rule designated by the agency which has jurisdiction over such rule or the Administrator under this Act for sunset review. (b) Significant rules For purposes of this Act, a significant rule is a rule that the Administrator determines— (1) has resulted in or is likely to result in an annual effect on the economy of $100,000,000 or more; (2) is a major rule; or (3) was issued pursuant to a significant regulatory action, as that term is defined in Executive Order 12866 (as in effect on the first date that Executive order was in effect). (c) Public petitions (1) In general Any person adversely affected by a rule that is not a significant rule may submit a petition to the agency which has jurisdiction over the rule requesting that such agency designate the rule for sunset review. Such agency shall designate the rule for sunset review unless such agency determines that it would not be in the public interest to conduct a sunset review of the rule. In making such determination, such agency shall take into account the number and nature of other petitions received on the same rule and whether or not such petitions have been denied. (2) Form and content of petition A petition under paragraph (1)— (A) shall be in writing, but is not otherwise required to be in any particular form; and (B) shall identify the rule for which sunset review is requested with reasonable specificity and state on its face that the petitioner seeks sunset review of the rule. (3) Response required for noncomplying petitions If an agency determines that a petition does not meet the requirements of this subsection, the agency shall provide a response to the petitioner within 30 days after receiving the petition, notifying the petitioner of the problem and providing information on how to formulate a petition that meets those requirements. (4) Decision within 90 days Within the 90-day period beginning on the date of receiving a petition that meets the requirements of this subsection, the agency shall transmit a response to the petitioner stating whether the petition was granted or denied, except that the agency may extend such period by a total of not more than 30 days. (5) Petitions deemed granted for substantial inexcusable delay A petition for sunset review of a rule is deemed to have been granted by an agency, and such agency is deemed to have designated the rule for sunset review, if a court finds there is a substantial and inexcusable delay, beyond the period specified in paragraph (4), in notifying the petitioner of the agency’s determination to grant or deny the petition. (6) Public log Each agency shall maintain a public log of petitions submitted under this subsection, that includes the status or disposition of each petition. (d) Congressional requests (1) In general An appropriate committee of the Congress, or a majority of the majority party members or a majority of nonmajority party members of such committee, may request in writing that the Administrator designate any rule that is not a significant rule for sunset review. The Administrator shall designate such rule for sunset review within 30 days after receipt of such request unless the Administrator determines that it would not be in the public interest to conduct a sunset review of such rule. (2) Notice of denial If the Administrator denies a congressional request under this subsection, the Administrator shall transmit to the congressional committee making the request a notice stating the reasons for the denial. (e) Publication of notice of designation for sunset review After designating a rule under subsection (c) or (d) for sunset review, the agency or the Administrator shall promptly publish a notice of that designation in the Federal Register. 5. Criteria for sunset review (a) Compliance with other laws In order for any rule subject to sunset review to continue without change or to be modified or consolidated in accordance with this Act, such rule must be authorized by law and meet all applicable requirements that would apply if it were issued as a new rule pursuant to section 553 of title 5, United States Code, or other statutory rulemaking procedures required for that rule. For purposes of this section, the term applicable requirements includes any requirement for cost-benefit analysis and any requirement for standardized risk analysis and risk assessment. (b) Governing law If there is a conflict between applicable requirements and an Act under which a rule was issued, the conflict shall be resolved in the same manner as such conflict would be resolved if the agency were issuing a new rule. 6. Sunset review procedures (a) Functions of the administrator (1) Notice of rules subject to review (A) Inventory and first list Within 6 months after the date of the enactment of this Act, the Administrator shall conduct an inventory of existing rules and publish a first list of covered rules. The list shall— (i) specify the particular group to which each significant rule is assigned under paragraph (2), and state the review deadline for all significant rules in each such group; and (ii) include other rules subject to sunset review for any other reason, and state the review deadline for each such rule. (B) Subsequent lists After publication of the first list under subparagraph (A), the Administrator shall publish an updated list of covered rules at least annually, specifying the review deadline for each rule on the list. (2) Grouping of significant rules in first list (A) Staggered review The Administrator shall assign each significant rule in effect on the date of enactment of this Act to one of 4 groups established by the Administrator to permit orderly and prioritized sunset reviews, and specify for each group an initial review deadline in accordance with section 7(a)(1). (B) Prioritizations In determining which rules shall be given priority in time in that assignment, the Administrator shall consult with appropriate agencies, and shall prioritize rule based on— (i) the grouping of related rules in accordance with paragraph (3); (ii) the extent of the cost of each rule and on the regulated community and the public, with priority in time given to those rules that impose the greatest cost; (iii) consideration of the views of regulated persons, including State and local governments; (iv) whether a particular rule has recently been subject to cost-benefit analysis and risk assessment, with priority in time given to those rules that have not been subject to such analysis and assessment; (v) whether a particular rule was issued under a statutory provision that provides relatively greater discretion to an official in issuing the rule, with priority in time given to those rules that were issued under provisions that provide relatively greater discretion; (vi) the burden of reviewing each rule on the reviewing agency; and (vii) the need for orderly processing and the timely completion of the sunset reviews of existing rules. (3) Grouping of related rules The Administrator shall group related rules under paragraph (2) (and designate other rules) for simultaneous sunset review based upon their subject matter similarity, functional interrelationships, and other relevant factors to ensure comprehensive and coordinated review of redundant, overlapping, and conflicting rules and requirements. The Administrator shall ensure simultaneous sunset reviews of covered rules without regard to whether they were issued by the same agency, and shall designate any other rule for sunset review that is necessary for a comprehensive sunset review whether or not such other rule is otherwise a covered rule under this Act. (4) Guidance The Administrator shall provide timely guidance to agencies on the conduct of sunset reviews and the preparation of sunset review notices and reports required by this Act to ensure uniform, complete, and timely sunset reviews and to ensure notice and opportunity for public comment consistent with section 8. (5) Review and evaluation of reports The Administrator shall review and evaluate each preliminary and final report submitted by the agency pursuant to this section. Within 90 days after receiving a preliminary report, the Administrator shall transmit comments to the head of the agency regarding— (A) the quality of the analysis in the report, including whether the agency has properly applied section 5; (B) the consistency of the agency’s proposed action with actions of other agencies; and (C) whether the rule should be continued without change, modified, consolidated with another rule, or terminated. (b) Agency sunset review procedure (1) Sunset review notice At least 30 months before the review deadline under section 7(a) for a covered rule issued by an agency, the agency shall— (A) publish a sunset review notice in accordance with section 8(a) in the Federal Register and, to the extent reasonable and practicable, in other publications or media that are designed to reach those persons most affected by the covered rule; and (B) request the views of the Administrator and the appropriate committees of the Congress on whether to continue without change, modify, consolidate, or terminate the covered rule. (2) Preliminary report In reviewing a covered rule, the agency shall— (A) consider public comments and other recommendations generated by a sunset review notice under paragraph (1); and (B) at least 1 year before the review deadline under section 7(a) for the covered rule, publish in the Federal Register, in accordance with section 8(b), and transmit to the Administrator and the appropriate committees of the Congress a preliminary report. (3) Final report The agency shall consider the public comments and other recommendations generated by the preliminary report under paragraph (2) for a covered rule, and shall consult with the appropriate committees of the Congress before issuing a final report. At least 90 days before the review deadline of the covered rule, the agency shall publish in the Federal Register, in accordance with section 8(c)(2) or 8(d), and transmit a final report to the Administrator and the appropriate committees of the Congress. (4) Open procedures regarding sunset review In any sunset review conducted pursuant to this Act, the agency conducting the review shall make a written record describing the subject of all contacts the agency or Administrator made with non-governmental persons outside the agency relating to such review. The written record of such contact shall be made available, upon request, to the public. (c) Effectiveness of agency recommendation If a final report under subsection (b)(3) recommends that a covered rule should be continued without change, the covered rule shall be continued. If a final report under subsection (b)(3) recommends that a covered rule should be modified, consolidated with another rule, or terminated, the rule may be modified, so consolidated, or terminated in accordance with section 8(d). (d) Preservation of independence of federal bank regulatory agencies The head of any appropriate Federal banking agency (as that term is defined in section 3(q) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(q) ), the Federal Housing Finance Board, the National Credit Union Administration, and the Office of Federal Housing Enterprise Oversight shall have the authority with respect to that agency that would otherwise be granted under section 7(a)(2)(B) to the Administrator or other officer designated by the President. 7. Review deadlines for covered rules (a) In general For purposes of this Act, the review deadline of a covered rule is as follows: (1) Existing significant rules For a significant rule in effect on the date of the enactment of this Act, the initial review deadline is the last day of the 4-year, 5-year, 6-year, or 7-year period beginning on the date of the enactment of this Act, as specified by the Administrator under section 6(a)(2)(A). For any significant rule that 6 months after the date of enactment is not assigned to such a group specified under section 6(a)(2)(A), the initial review deadline is the last day of the 4-year period beginning on the date of enactment of this Act. (2) New significant rules For a significant rule that first takes effect after the date of the enactment of this Act, the initial review deadline is the last day of either— (A) the 3-year period beginning on the date the rule takes effect, or (B) if the Administrator determines as part of the rulemaking process that the rule is issued pursuant to negotiated rulemaking procedures or that compliance with the rule requires substantial capital investment, the 7-year period beginning on the date the rule takes effect. (3) Rules covered pursuant to public petition or congressional request For any rule subject to sunset review pursuant to a public petition under section 4(c) or a congressional request under section 4(d), the initial review deadline is the last day of the 3-year period beginning on— (A) the date the agency or Administrator so designates the rule for review; or (B) the date of issuance of a final court order that the agency is deemed to have designated the rule for sunset review. (4) Related rule designated for review For a rule that the Administrator designates under section 6(a)(3) for sunset review because it is related to another covered rule and that is grouped with that other rule for simultaneous review, the initial review deadline is the same as the review deadline for that other rule. (b) Temporary extension The review deadline under subsection (a) for a covered rule may be extended by the Administrator for not more than 6 months by publishing notice thereof in the Federal Register that describes reasons why the temporary extension is necessary to respond to or prevent an emergency situation. (c) Determinations where rules have been amended For purposes of this Act, if various provisions of a covered rule were issued at different times, then the rule as a whole shall be treated as if it were issued on the later of— (1) the date of issuance of the provision of the rule that was issued first; or (2) the date the most recent review and revision of the rule under this Act was completed. 8. Sunset review notices and agency reports (a) Sunset review notices The sunset review notice under section 6(b)(1) for a rule shall— (1) request comments regarding whether the rule should be continued without change, modified, consolidated with another rule, or terminated; (2) if applicable, request comments regarding whether the rule meets the applicable Federal cost-benefit and risk assessment criteria; and (3) solicit comments about the past implementation and effects of the rule, including— (A) the direct and indirect costs incurred because of the rule, including the net reduction in the value of private property (whether real, personal, tangible, or intangible), and whether the incremental benefits of the rule exceeded the incremental costs of the rule, both generally and regarding each of the specific industries and sectors it covers; (B) whether the rule as a whole, or any major feature of it, is outdated, obsolete, or unnecessary, whether by change of technology, the marketplace, or otherwise; (C) the extent to which the rule or information required to comply with the rule duplicated, conflicted, or overlapped with requirements under rules of other agencies; (D) in the case of a rule addressing a risk to health or safety or the environment, what the perceived risk was at the time of issuance and to what extent the risk predictions were accurate; (E) whether the rule unnecessarily impeded domestic or international competition or unnecessarily intruded on free market forces, and whether the rule unnecessarily interfered with opportunities or efforts to transfer to the private sector duties carried out by the Government; (F) whether, and to what extent, the rule imposed unfunded mandates on, or otherwise affected, State and local governments; (G) whether compliance with the rule required substantial capital investment and whether terminating the rule on the next review deadline would create an unfair advantage to those who are not in compliance with it; (H) whether the rule constituted the least cost method of achieving its objective consistent with the criteria of the Act under which the rule was issued, and to what extent the rule provided flexibility to those who were subject to it; (I) whether the rule was worded simply and clearly, including clear identification of those who were subject to the rule; (J) whether the rule created negative unintended consequences; (K) the extent to which information requirements under the rule can be reduced; and (L) the extent to which the rule has contributed positive benefits, particularly health or safety or environmental benefits. (b) Preliminary reports on sunset reviews The preliminary report under section 6(b)(2) on the sunset review of a rule shall request public comments and contain— (1) specific requests for factual findings and recommended legal conclusions regarding the application of section 5 to the rule, the continued need for the rule, and whether the rule duplicates functions of another rule; (2) a request for comments on whether the rule should be continued without change, modified, consolidated with another rule, or terminated; and (3) if consolidation or modification of the rule is recommended, suggestions for the proposed text of the consolidated or modified rule. (c) Final reports on sunset reviews The report under section 6(b)(3) on the sunset review of a rule shall— (1) contain the factual findings and legal conclusions of the agency conducting the review regarding the application of section 5 to the rule and the agency’s proposed recommendation as to whether the rule should be continued without change, modified, consolidated with another rule, or terminated; (2) in the case of a rule that the agency proposes to continue without change, so state; (3) in the case of a rule that the agency proposes to modify or consolidate with another rule, contain— (A) a notice of proposed rulemaking under section 553 of title 5, United States Code or under other statutory rulemaking procedures required for that rule, and (B) the text of the rule as so modified or consolidated; and (4) in the case of a rule that the agency proposes to terminate, contain a notice of proposed rulemaking for termination consistent with paragraph (3)(A). A final report described in paragraph (2) shall be published in the Federal Register. (d) Rulemaking The final report under subsection (c)(3) or (c)(4) shall be published in the Federal Register and its publication shall constitute publication of the notice required by subsection (c)(3)(A). After publication of the final report under subsection (c)(3) or (c)(4) on a sunset review of a rule, the agency which conducted such review shall conduct the rulemaking which is called for in such report. (e) Legislative recommendations In any case in which the head of an agency determines that a rule in a final report under subsection (c)(3) or (c)(4) cannot be changed, modified, or consolidated with another rule without legislative action, such head shall include in such final report a description of what legislative changes are required to implement the recommendations in such final report with regard to such rule. 9. Designation of agency regulatory review officers The head of each agency shall designate an officer of the agency as the Regulatory Review Officer of the agency. The Regulatory Review Officer of an agency shall be responsible for the implementation of this Act by the agency and shall report directly to the head of the agency and the Administrator with respect to that responsibility. 10. Relationship to the Administrative Procedure Act Nothing in this Act is intended to supersede the provisions of chapters 5, 6, and 7 of title 5, United States Code. 11. Effect of termination of a covered rule (a) Effect of termination, generally If a covered rule is terminated pursuant to this Act— (1) this Act shall not be construed to prevent the President or an agency from exercising any authority that otherwise exists to implement the statute under which the rule was issued; (2) in an agency proceeding or court action between an agency and a non-agency party, the rule shall be given no conclusive legal effect but may be submitted as evidence of prior agency practice and procedure; and (3) this Act shall not be construed to prevent the continuation or institution of any enforcement action that is based on a violation of the rule that occurred before the effectiveness of the rule terminated. (b) Effect on deadlines (1) In general Notwithstanding subsection (a), any deadline for, relating to, or involving any action dependent upon, any rule terminated under this Act is suspended until the agency that issued the rule issues a new rule on the same matter, unless otherwise provided by a law. (2) Deadline defined In this subsection, the term deadline means any date certain for fulfilling any obligation or exercising any authority established by or under any Federal rule, or by or under any court order implementing any Federal rule. 12. Judicial review (a) In general A denial or substantial inexcusable delay in granting or denying a petition under section 4(c) shall be considered final agency action subject to review under section 702 of title 5, United States Code. A denial of a congressional request under section 4(d) shall not be subject to judicial review. (b) Time limitation on filing a civil action Notwithstanding any other provisions of law, an action seeking judicial review of a final agency action under this Act may not be brought— (1) in the case of a final agency action denying a public petition under section 4(c) or continuing without change, modifying, consolidating, or terminating a covered rule, more than 30 days after the date of that agency action; or (2) in the case of an action challenging a delay in deciding on a petition for a rule under section 4(c), more than 1 year after the period applicable to the rule under section 4(c)(4). (c) Availability of judicial review unaffected Except to the extent that there is a direct conflict with the provisions of this Act, nothing in this Act is intended to affect the availability or standard of judicial review for agency regulatory action. 13. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget. (2) Agency The term agency has the meaning given that term in section 551(1) of title 5, United States Code. (3) Appropriate committee of the congress The term appropriate committee of the Congress means, with respect to a rule, each standing committee of Congress having authority under the Rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (4) Major rule The term major rule means any rule that the Administrator of the Office of Information and Regulatory Affairs in the Office of Management and Budget finds has resulted in or is likely to result in— (A) an annual effect on the economy of $100,000,000 or more; (B) a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or (C) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. (5) Rule (A) General rule Subject to subparagraph (B), the term rule means any agency statement of general applicability and future effect, including agency guidance documents, designed to implement, interpret, or prescribe law or policy, or describing the procedures or practices of an agency, or intended to assist in such actions, but does not include— (i) regulations or other agency statements issued in accordance with formal rulemaking provisions of sections 556 and 557 of title 5, United States Code, or in accordance with other statutory formal rulemaking procedures required for such regulations or statements; (ii) regulations or other agency statements that are limited to agency organization, management, or personnel matters; (iii) regulations or other agency statements issued with respect to a military or foreign affairs function of the United States; (iv) regulations, statements, or other agency actions that are reviewed and usually modified each year (or more frequently), or are reviewed regularly and usually modified based on changing economic or seasonal conditions; (v) regulations or other agency actions that grant an approval, license, permit, registration, or similar authority or that grant or recognize an exemption or relieve a restriction, or any agency action necessary to permit new or improved applications of technology or to allow the manufacture, distribution, sale, or use of a substance or product; and (vi) regulations or other agency statements that the Administrator certifies in writing are necessary for the enforcement of the Federal criminal laws. (B) Scope of a rule For purposes of this Act, each set of rules designated in the Code of Federal Regulations as a part shall be treated as one rule. Each set of rules that do not appear in the Code of Federal Regulations and that are comparable to a part of that Code under guidelines established by the Administrator shall be treated as one rule. (6) Sunset review The term sunset review means a review of the rule under this Act. 14. Sunset of this act This Act shall have no force or effect after the 10-year period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr309ih/xml/BILLS-113hr309ih.xml

113-hr-310

I 113th CONGRESS 1st Session H. R. 310 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Cooper (for himself, Mr. Barber , Mr. Barrow , Mr. Bishop of New York , Mrs. Black , Mrs. Blackburn , Mr. Braley of Iowa , Mr. Buchanan , Mrs. Capps , Mr. Carney , Mr. Chabot , Mr. Cicilline , Mr. Coffman , Mr. Conaway , Mr. Costa , Mr. Cuellar , Mr. Dent , Mr. DesJarlais , Mr. Duncan of South Carolina , Mr. Fitzpatrick , Mr. Flores , Mr. Gosar , Mr. Himes , Mr. Kind , Mr. Lance , Mr. Langevin , Mr. Latham , Mr. Lipinski , Mr. Loebsack , Mr. Matheson , Mr. Michaud , Mr. Mulvaney , Mr. Neugebauer , Mr. Petri , Mr. Ribble , Mr. Rigell , Mr. Roe of Tennessee , Mr. Rooney , Mr. Schrader , Mr. Schweikert , Mr. Thompson of Pennsylvania , Mr. Womack , Ms. Bera , Mr. Daines , Mr. DeSantis , Mr. Rodney Davis of Illinois , Mr. Rokita , Mr. Hultgren , and Mr. Johnson of Georgia ) introduced the following bill; which was referred to the Committee on House Administration A BILL To provide that Members of Congress may not receive pay after October 1 of any fiscal year in which Congress has not approved a concurrent resolution on the budget and passed the regular appropriations bills. 1. Short title This Act may be cited as the No Budget, No Pay Act . 2. Definition In this section, the term Member of Congress — (1) has the meaning given under section 2106 of title 5, United States Code; and (2) does not include the Vice President. 3. Timely approval of concurrent resolution on the budget and the appropriations bills If both Houses of Congress have not approved a concurrent resolution on the budget as described under section 301 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 632 ) for a fiscal year before October 1 of that fiscal year and have not passed all the regular appropriations bills for the next fiscal year before October 1 of that fiscal year, the pay of each Member of Congress may not be paid for each day following that October 1 until the date on which both Houses of Congress approve a concurrent resolution on the budget for that fiscal year and all the regular appropriations bills. 4. No pay without concurrent resolution on the budget and the appropriations bills (a) In general Notwithstanding any other provision of law, no funds may be appropriated or otherwise be made available from the United States Treasury for the pay of any Member of Congress during any period determined by the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate or the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives under section 5. (b) No retroactive pay A Member of Congress may not receive pay for any period determined by the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate or the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives under section 5, at any time after the end of that period. 5. Determinations (a) Senate (1) Request for certifications On October 1 of each year, the Secretary of the Senate shall submit a request to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate for certification of determinations made under paragraphs (2) (A) and (B). (2) Determinations The Chairpersons of the Committee on the Budget and the Committee on Appropriations of the Senate shall— (A) on October 1 of each year, make a determination of whether Congress is in compliance with section 3 and whether Senators may not be paid under that section; (B) determine the period of days following each October 1 that Senators may not be paid under section 3; and (C) provide timely certification of the determinations under subparagraphs (A) and (B) upon the request of the Secretary of the Senate. (b) House of Representatives (1) Request for certifications On October 1 of each year, the Chief Administrative Officer of the House of Representatives shall submit a request to the Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives for certification of determinations made under paragraphs (2) (A) and (B). (2) Determinations The Chairpersons of the Committee on the Budget and the Committee on Appropriations of the House of Representatives shall— (A) on October 1 of each year, make a determination of whether Congress is in compliance with section 3 and whether Members of the House of Representatives may not be paid under that section; (B) determine the period of days following each October 1 that Members of the House of Representatives may not be paid under section 3; and (C) provide timely certification of the determinations under subparagraphs (A) and (B) upon the request of the Chief Administrative Officer of the House of Representatives. 6. Effective date This section shall take effect on February 1, 2015.

https://www.govinfo.gov/content/pkg/BILLS-113hr310ih/xml/BILLS-113hr310ih.xml

113-hr-311

I 113th CONGRESS 1st Session H. R. 311 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Crawford (for himself, Mr. Duncan of South Carolina , Mr. Jones , Mr. Ribble , Mr. Lucas , Mr. Stockman , Mr. Terry , Mr. Austin Scott of Georgia , Mr. Franks of Arizona , Mr. McIntyre , Mr. King of Iowa , Mr. Fincher , Mr. Hultgren , Mr. Latta , Mr. Smith of Nebraska , Mr. Denham , Mr. Westmoreland , Mr. Womack , Mr. Cole , Mr. Griffin of Arkansas , Mr. Michaud , Mr. Cassidy , Mr. Luetkemeyer , Mr. Gibbs , Mr. Carter , Mr. Graves of Missouri , Mr. Cramer , Mr. Johnson of Ohio , Mr. Thompson of Mississippi , Mr. Bucshon , Mr. Barletta , Mr. Peterson , Mr. DesJarlais , Mr. Thompson of Pennsylvania , and Mr. Poe of Texas ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Environmental Protection Agency to change the Spill Prevention, Control, and Countermeasure rule with respect to certain farms. 1. Short title This Act may be cited as the Farmers Undertake Environmental Land Stewardship Act or the FUELS Act . 2. Applicability of Spill Prevention, Control, and Countermeasure rule (a) In general The Administrator, in implementing the Spill Prevention, Control, and Countermeasure rule with respect to any farm, shall— (1) require certification of compliance with such rule by— (A) a professional engineer for a farm with— (i) an individual tank with an aboveground storage capacity greater than 10,000 gallons; (ii) an aggregate aboveground storage capacity greater than or equal to 42,000 gallons; or (iii) a history that includes a spill, as determined by the Administrator; or (B) the owner or operator of the farm (via self-certification) for a farm with— (i) an aggregate aboveground storage capacity greater than 10,000 gallons but less than 42,000 gallons; and (ii) no history of spills, as determined by the Administrator; and (2) exempt from all requirements of such rule any farm— (A) with an aggregate aboveground storage capacity of less than or equal to 10,000 gallons; and (B) no history of spills, as determined by the Administrator. (b) Calculation of aggregate aboveground storage capacity For the purposes of subsection (a), the aggregate aboveground storage capacity of a farm excludes all containers on separate parcels that have a capacity that is less than 1,320 gallons. 3. Definitions In this Act, the following terms apply: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Farm The term farm has the meaning given such term in section 112.2 of title 40, Code of Federal Regulations. (3) Gallon The term gallon refers to a United States liquid gallon. (4) Spill Prevention, Control, and Countermeasure rule The term Spill Prevention, Control, and Countermeasure rule means the regulation promulgated by the Environmental Protection Agency under part 112 of title 40, Code of Federal Regulations.

https://www.govinfo.gov/content/pkg/BILLS-113hr311ih/xml/BILLS-113hr311ih.xml

113-hr-312

I 113th CONGRESS 1st Session H. R. 312 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mrs. Davis of California (for herself, Mr. Blumenauer , Ms. Chu , Mr. Grijalva , Mr. Himes , Mr. Honda , Ms. Lee of California , Mr. McGovern , Ms. Meng , Ms. Moore , Mr. Moran , Ms. Norton , Ms. Loretta Sanchez of California , Ms. Schakowsky , and Mr. Van Hollen ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 28, United States Code, to prohibit the exclusion of individuals from service on a Federal jury on account of sexual orientation or gender identity. 1. Short title This Act may be cited as the Juror Non-Discrimination Act of 2013 . 2. Exclusion from Federal juries on account of sexual orientation or gender identity prohibited Section 1862 of title 28, United States Code, is amended by inserting sexual orientation, gender identity, after sex .

https://www.govinfo.gov/content/pkg/BILLS-113hr312ih/xml/BILLS-113hr312ih.xml

113-hr-313

I 113th CONGRESS 1st Session H. R. 313 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mrs. Emerson introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to institute spending limits and transparency requirements for Federal conference and travel expenditures, and for other purposes. 1. Short title This Act may be cited as the Government Spending Accountability Act of 2013 or the GSA Act of 2013 . 2. Limits and transparency for conference and travel spending (a) Amendment Chapter 57 of title 5, United States Code, is amended by inserting after section 5711 the following: 5712. Limits and transparency for conference and travel spending (a) Conference transparency and spending limits (1) Public availability of conference materials Each agency shall post on the public website of that agency detailed information on any presentation made by any employee of that agency at a conference (except to the extent the head of an agency excludes such information for reasons of national security) including— (A) the prepared text of any verbal presentation made; and (B) any visual, digital, video, or audio materials presented, including photographs, slides, and audio-visual recordings. (2) Limits on amount expended on a conference (A) In general Except as provided in subparagraph (B), an agency may not expend more than $500,000 to support a single conference. (B) Exception The head of an agency may waive the limitation in subparagraph (A) for a specific conference after making a determination that the expenditure is justified as the most cost-effective option to achieve a compelling purpose. The head of an agency shall submit to the appropriate congressional committees a report on any waiver granted under this subparagraph, including the justification for such waiver. (C) Rule of construction Nothing in this paragraph shall be construed to preclude an agency from receiving financial support or other assistance from a private entity to pay or defray the costs of a conference the total cost of which exceeds $500,000. (b) International conference rule An agency may not pay the travel expenses for more than 50 employees of that agency who are stationed in the United States, for any international conference, unless the Secretary of State determines that attendance for such employees is in the national interest. (c) Report on travel expenses required At the beginning of each quarter of each fiscal year, each agency shall post on the public website of that agency a report on each conference for which the agency paid travel expenses during the preceding 3 months that includes— (1) the itemized expenses paid by the agency, including travel expenses, and any agency expenditures to otherwise support the conference; (2) the primary sponsor of the conference; (3) the location of the conference; (4) the date of the conference; (5) a brief explanation of how the participation of employees from such agency at the conference advanced the mission of the agency; (6) the title of any employee, or any individual who is not a Federal employee, whose travel expenses or other conference expenses were paid by the agency; (7) the total number of individuals whose travel expenses or other conference expenses were paid by the agency; and (8) in the case of a conference for which that agency was the primary sponsor, a statement that— (A) describes the cost to the agency of selecting the specific conference venue; (B) describes why the location was selected, including a justification for such selection; (C) demonstrates the cost efficiency of the location; (D) provides a cost benefit analysis of holding a conference rather than conducting a teleconference; and (E) describes any financial support or other assistance from a private entity used to pay or defray the costs of the conference, and for each case where such support or assistance was used, the head of the agency shall include a certification that there is no conflict of interest resulting from such support or assistance. (d) Format and publication of report Each report posted on the public website under subsection (c) shall— (1) be in a searchable electronic format; and (2) remain on that website for at least 5 years after the date of posting. (e) Definitions In this section: (1) Agency The term agency has the meaning given that term under section 5701, but does not include the government of the District of Columbia. (2) Conference The term conference means a meeting, retreat, seminar, symposium, or event to which an employee travels 25 miles or more to attend, that— (A) is held for consultation, education, discussion, or training; and (B) is not held entirely at a Government facility. (3) International conference The term international conference means a conference occurring outside the United States attended by representatives of— (A) the Government of the United States; and (B) any foreign government, international organization, or foreign nongovernmental organization. . (b) Technical and conforming amendment The table of sections for chapter 57 of title 5, United States Code, is amended by inserting after the item relating to section 5711 the following: 5712. Limits and transparency for conference and travel spending. . (c) Annual travel expense limits (1) In general In the case of each of fiscal years 2014 through 2018, an agency (as defined under section 5712(e) of title 5, United States Code, as added by subsection (a)) may not make, or obligate to make, expenditures for travel expenses, in an aggregate amount greater than 70 percent of the aggregate amount of such expenses for fiscal year 2010. (2) Identification of travel expenses (A) Responsibilities Not later than September 30, 2013, and after consultation with the Administrator of General Services and the Director of the Administrative Office of the United States Courts, the Director of the Office of Management and Budget shall establish guidelines for the determination of what expenses constitute travel expenses for purposes of this subsection. The guidelines shall identify specific expenses, and classes of expenses, that are to be treated as travel expenses. (B) Exemption for military travel The guidelines required under subparagraph (A) shall exclude military travel expenses in determining what expenses constitute travel expenses. Military travel expenses shall include travel expenses involving military combat, the training or deployment of uniformed military personnel, and such other travel expenses as determined by the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the Director of the Administrative Office of the United States Courts.

https://www.govinfo.gov/content/pkg/BILLS-113hr313ih/xml/BILLS-113hr313ih.xml

113-hr-314

I 113th CONGRESS 1st Session H. R. 314 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mrs. Emerson introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for Inspector General oversight for Federal entities not otherwise subject to such oversight, and for other purposes. 1. Short title This Act may be cited as the Inspector General Improvement Act of 2013 . 2. Assignment of Inspector General to certain Federal entities (a) Agency for International Development In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Agency for International Development shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within each of the following: (1) Trade and Development Agency. (2) Japan–United States Friendship Commission. (3) Overseas Private Investment Corporation. (b) Board of Governors of the Federal Reserve System In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Board of Governors of the Federal Reserve System shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Financial Institutions Examination Council. (c) Department of Defense In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of Defense shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Selective Service System. (d) Department of Education In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of Education shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within each of the following: (1) James Madison Memorial Fellowship Foundation. (2) Christopher Columbus Fellowship Foundation. (3) Morris K. Udall and Stewart L. Udall Foundation. (4) Barry M. Goldwater Scholarship and Excellence in Education Program. (5) Vietnam Education Foundation. (6) Harry S. Truman Scholarship Foundation. (7) National Council on Disability. (e) Federal Labor Relations Authority In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Federal Labor Relations Authority shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the National Mediation Board. (f) Department of Health and Human Services In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of Health and Human Services shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within each of the following: (1) Architectural and Transportation Barriers Compliance Board (Access Board). (2) U.S. Interagency Council on Homelessness. (3) Medicare Payment Advisory Commission. (g) Department of Homeland Security In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of Homeland Security shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism. (h) Department of the Interior In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of the Interior shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within each of the following: (1) Arctic Research Commission. (2) Office of the Federal Coordinator for Alaska Natural Gas Transportation. (3) Valles Caldera Trust. (4) International Boundary Commission: United States and Canada. (5) International Joint Commission: United States and Canada. (6) Office of Navajo and Hopi Indian Relocation. (7) Utah Reclamation Mitigation and Conservation Commission. (8) Dwight D. Eisenhower Memorial Commission. (9) The portion of the Presidio managed by the National Park Service. (10) International Boundary and Water Commission. (i) Department of Labor In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of Labor shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within each of the following: (1) Occupational Safety and Health Review Commission. (2) Federal Mine Safety and Health Review Commission. (3) Federal Mediation Conciliation Service. (j) Department of State In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Department of State shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the United States Commission on International Religious Freedom. (k) Department of the Treasury In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Treasury Inspector General for Tax Administration shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the United States Tax Court. (l) Environmental Protection Agency In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Environmental Protection Agency shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Marine Mammal Commission. (m) General Services Administration In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the General Services Administration shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within each of the following: (1) National Capital Planning Commission. (2) Commission of Fine Arts. (3) Committee for Purchase From People Who Are Blind or Severely Disabled. (n) Government Accountability Office In addition to the other duties and responsibilities specified in section 705 of title 31, United States Code, the Inspector General of the Government Accountability Office shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Administrative Conference of the United States. (o) Intelligence Community In addition to the other duties and responsibilities specified in section 103H of the National Security Act of 1947 ( 50 U.S.C. 403–3h ), the Inspector General of the Intelligence Community shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Public Interest Declassification Board. (p) National Archives and Records Administration In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the National Archives and Records Administration shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Advisory Council on Historic Preservation. (q) Nuclear Regulatory Commission In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Nuclear Regulatory Commission shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Nuclear Waste Technical Review Board. (r) Office of Personnel Management In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Office of Personnel Management shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the Federal Retirement Thrift Investment Board. (s) Smithsonian Institution In addition to the other duties and responsibilities specified in the Inspector General Act of 1978 (5 U.S.C. App.) the Inspector General of the Smithsonian Institution shall supervise, direct, and control audit and investigative activities (relating to such audits) pertaining to programs and operations within the United States Holocaust Memorial Museum.

https://www.govinfo.gov/content/pkg/BILLS-113hr314ih/xml/BILLS-113hr314ih.xml

113-hr-315

I 113th CONGRESS 1st Session H. R. 315 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mrs. Emerson 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 for the placement of certain synthetic drugs on Schedule I under the Controlled Substances Act. 1. Short title This Act may be cited as the Synthetic Cathinones Control Act of 2013 . 2. Addition of synthetic drugs to Schedule I of the Controlled Substances Act (a) In general Notwithstanding any other provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Attorney General shall, not later than 60 days after the date of the enactment of this Act, issue a final order that schedules the following substances on schedule I under section 202(c) of that Act ( 21 U.S.C. 812(c) ): (1) 3,4-methylenedioxymethcathinone (meth­yl­one). (2) Naphthylpyrovalerone (naphyrone). (3) 4-fluoromethcathinone (flephedrone). (4) 4-methoxymethcathinone (methedrone; Bk–PMMA). (5) Ethcathinone (N-ethylcathinone). (6) 3,4-methylenedioxyethcathinone (ethylone). (7) Beta-keto-N-methyl-3,4-benzo­di­oxy­oly­bu­tan­amine (butylone). (8) N,N-dimethylcathinone (metamfepramone). (9) Alpha-pyrrolidinopropiophenone (alpha-PPP). (10) 4-methoxy-alphapyrrolidinopropiophenone (MOPPP). (11) 3,4-meth­yl­ene­di­oxy­alpha­pyrrol­idino­pro­pio­phe­none (MDPPP). (12) Alpha-pyrrolidinovalerophenone (alpha-PVP). (13) 6,7-dihydro-5H-indeno[5,6-d][1,3]dioxol-6-amine (MDAI). (14) 3-fluoromethcathinone. (15) 4′-methyl-α-pyrrolidinobutiophenone (MPBP). (b) Conforming amendment To remove deadwood Subsection (c) of section 202 of the Controlled Substances Act ( 21 U.S.C. 802 ) is amended to read as follows: (c) Cross reference to Schedules of Controlled Substances Schedules I, II, III, IV, and V shall consist of the drugs and other substances (by whatever official name, common or usual name, chemical name, or brand name designated) that are set forth in the respective schedules in part 1308 of title 21, Code of Federal Regulations, as they may be amended from time to time, or in any successor regulation. .

https://www.govinfo.gov/content/pkg/BILLS-113hr315ih/xml/BILLS-113hr315ih.xml

113-hr-316

I 113th CONGRESS 1st Session H. R. 316 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Ms. Esty introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To reinstate and transfer certain hydroelectric licenses and extend the deadline for commencement of construction of certain hydroelectric projects. 1. Short title This Act may be cited as the Collinsville Renewable Energy Promotion Act . 2. Reinstatement of expired licenses and extension of time to commence construction of projects Subject to section 4 of this Act and notwithstanding the time period under section 13 of the Federal Power Act ( 16 U.S.C. 806 ) that would otherwise apply to Federal Energy Regulatory Commission projects numbered 10822 and 10823, the Federal Energy Regulatory Commission (referred to in this Act as the Commission ) may— (1) reinstate the license for either or each of those projects; and (2) extend for 2 years after the date on which either or each project is reinstated under paragraph (1) the time period during which the licensee is required to commence the construction of such projects. Prior to reaching any final decision under this section, the Commission shall provide an opportunity for submission of comments by interested persons, municipalities, and States and shall consider any such comment that is timely submitted. 3. Transfer of licenses to the town of Canton, Connecticut Notwithstanding section 8 of the Federal Power Act ( 16 U.S.C. 801 ) or any other provision thereof, if the Commission reinstates the license for, and extends the time period during which the licensee is required to commence the construction of, a Federal Energy Regulatory Commission project under section 2, the Commission shall transfer such license to the town of Canton, Connecticut. 4. Environmental assessment (a) Definition For purposes of this section, the term environmental assessment shall have the same meaning as is given such term in regulations prescribed by the Council on Environmental Quality that implement the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (b) Environmental assessment Not later than 180 days after the date of enactment of this Act, the Commission shall complete an environmental assessment for Federal Energy Regulatory Commission projects numbered 10822 and 10823, updating, to the extent necessary, the environmental analysis performed during the process of licensing such projects. (c) Comment period Upon issuance of the environmental assessment required under subsection (b), the Commission shall— (1) initiate a 30-day public comment period; and (2) before taking any action under section 2 or 3— (A) consider any comments received during such 30-day period; and (B) incorporate in the license for the projects involved, such terms and conditions as the Commission determines to be necessary, based on the environmental assessment performed and comments received under this section. 5. Deadline Not later than 270 days after the date of enactment of this Act, the Commission shall— (1) make a final decision pursuant to paragraph (1) of section 2; and (2) if the Commission decides to reinstate one or both of the licenses under such paragraph and extend the corresponding deadline for commencement of construction under paragraph (2) of such section, complete the action required under section 3. 6. Protection of existing rights Nothing in this Act shall affect any valid license issued by the Commission under section 4 of the Federal Power Act ( 16 U.S.C. 797 ) on or before the date of enactment of this Act or diminish or extinguish any existing rights under any such license.

https://www.govinfo.gov/content/pkg/BILLS-113hr316ih/xml/BILLS-113hr316ih.xml

113-hr-317

I 113th CONGRESS 1st Session H. R. 317 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Gardner (for himself, Mrs. Lummis , Mr. Griffin of Arkansas , Mr. Cole , Mr. Amodei , Mr. Benishek , Mr. Thompson of Pennsylvania , Mr. Graves of Missouri , Mr. Stewart , Mr. Gosar , Mr. Chabot , Mr. Tipton , and Mr. Bishop of Utah ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 31, United States Code, to provide for transparency of payments made from the Judgment Fund. 1. Short title This Act may be cited as the Judgment Fund Transparency Act of 2013 . 2. Judgment Fund transparency (a) Transparency requirement Section 1304 of title 31, United States Code, is amended by adding at the end the following new subsection: (d) Unless the disclosure of such information is otherwise prohibited by law or court order, the Secretary of the Treasury shall make available to the public on a website, as soon as practicable but not later than 30 days after a payment under this section is tendered, the following information with regard to that payment: (1) The name of the specific Federal agency or entity whose actions gave rise to the claim or judgment. (2) The name of the plaintiff or claimant. (3) The name of counsel for the plaintiff or claimant. (4) The amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest. (5) A brief description of the facts that gave rise to the claim. (6) A copy of the original or amended complaint or written claim, and any written answer given by the Federal Government to that complaint or claim. (7) A copy of the final action by a court regarding the claim (whether by decree, approval of settlement, or otherwise), or of the settlement agreement in any action not involving a court. (8) The name of the agency that submitted the claim. . (b) Implementation The Secretary of the Treasury shall implement the amendment made by this section beginning not later than 60 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr317ih/xml/BILLS-113hr317ih.xml

113-hr-318

I 113th CONGRESS 1st Session H. R. 318 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Hall (for himself, Mr. Connolly , Ms. Bordallo , Mr. Hanna , Ms. Schwartz , Mr. Young of Florida , Mr. Pearce , Mr. Grimm , Mr. Keating , Mr. McGovern , Mr. Sam Johnson of Texas , Mr. Coble , Mr. Stivers , Mr. Cole , Mr. Dingell , Mr. Hultgren , Mr. Rangel , Mr. Guthrie , Mr. Conyers , and Mr. Butterfield ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize a Wall of Remembrance as part of the Korean War Veterans Memorial and to allow certain private contributions to fund that Wall of Remembrance. 1. Wall of Remembrance Section 1 of the Act titled An Act to authorize the erection of a memorial on Federal Land in the District of Columbia and its environs to honor members of the Armed Forces of the United States who served in the Korean War , approved October 25, 1986 ( Public Law 99–572 ), is amended by adding at the end the following: Such memorial shall include a Wall of Remembrance, which shall be constructed without the use of Federal funds. The American Battle Monuments Commission shall request and consider design recommendations from the Korean War Veterans Memorial Foundation, Inc. for the establishment of the Wall of Remembrance. The Wall of Remembrance shall include— (1) a list by name of members of the Armed Forces of the United States who were killed in action in the Korean War; (2) the number of members of the Armed Forces of the United States who, in regards to the Korean War— (A) were wounded in action; (B) are listed as missing in action; or (C) were prisoners of war; and (3) the number of members of the Korean Augmentation to the United States Army, the Republic of Korea Armed Forces, and the other nations of the United Nations Command who, in regards to the Korean War— (A) were killed in action; (B) were wounded in action; (C) are listed as missing in action; or (D) were prisoners of war. .

https://www.govinfo.gov/content/pkg/BILLS-113hr318ih/xml/BILLS-113hr318ih.xml

113-hr-319

I 113th CONGRESS 1st Session H. R. 319 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Issa introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Rules 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 amend the Congressional Budget Act of 1974 to provide for an expedited process for increasing the statutory limit on the public debt. 1. Debt increase as measure of deficit (a) Content for the concurrent resolution on the budget Section 301(a) of the Congressional Budget Act of 1974 is amended— (1) in paragraph (6), by striking ; and and inserting a semicolon; (2) in paragraph (7), by striking the period at the end and inserting ; and ; and (3) by inserting after paragraph (7) the following new paragraph: (8) a heading entitled Debt Increase as Measure of Deficit which sets forth the amounts by which the public debt limit (in section 3101(b) of title 31 of the United States Code) shall increase in each of such years. . (b) Conforming amendment Section 301(b) of the Congressional Budget Act of 1974 is amended by striking paragraph (5) and redesignating the succeeding paragraphs accordingly. 2. Consideration of debt subject to limit (a) Consideration Section 305(a) of the Congressional Budget Act of 1974 is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: (7) Upon passage in the House of Representative of the conference report on any concurrent resolution on the budget, it shall be immediately in order to consider a privileged bill offered by the chairman of the Committee on the Budget amending the debt subject to limit (in section 3101 of title 31 of the United States Code) at the level proposed under the heading Debt Increase as a Measure of Deficit for the fiscal year of the concurrent resolution on the budget. Debate on the bill shall be limited to not more than 1 hour. The bill shall not be amendable and a motion to commit shall not be in order. . (b) Consideration Section 305 of the Congressional Budget Act of 1974 is amended by inserting at the end the following new subsection: (e) Action on debt subject to limit (1) Except as provided in paragraph (2), the provisions of this section for the consideration of the conference report on any concurrent resolution shall also apply to the consideration in the Senate of a bill passed by the House of Representatives pursuant to subsection (a)(7). (2) It shall not be in order in the Senate to consider a bill pursuant to paragraph (1) before the passage of the conference report on the concurrent resolution on the budget for the fiscal year of the concurrent resolution on the budget. . 3. Increase of debt subject to limit Section 3101(b) of title 31, United States Code, is amended by striking the dollar limitation contained therein and inserting $17,072,810,000,000 .

https://www.govinfo.gov/content/pkg/BILLS-113hr319ih/xml/BILLS-113hr319ih.xml

113-hr-320

I 113th CONGRESS 1st Session H. R. 320 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Ms. Lee of California (for herself, Mr. Rangel , Ms. Kaptur , and Ms. Chu ) 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 direct the Secretary of Education to make grants to States for assistance in hiring additional school-based mental health and student service providers. 1. Short title This Act may be cited as the Student Support Act . 2. School-based mental health and student service providers (a) In General Subpart 14 of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7269 et seq. ) is amended— (1) by inserting after the subpart heading the following: A SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS ; and (2) by adding at the end the following: B SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS 5545. Findings The Congress finds the following: (1) The Surgeon General of the Public Health Service has found that although 1 in 10 children and adolescents suffer from mental illness severe enough to cause some level of impairment, in any given year fewer than 1 in 3 of these children receives needed treatment. The short- and long-term consequences of untreated childhood mental disorders are costly, in both human and fiscal terms. (2) School counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers are needed to help these children and to provide a variety of crucial support services. (3) Across the United States, there are insufficient resources for school-based counseling professionals, and often students do not get the help they need. The current national average ratio of students to school counselors in elementary and secondary schools is 471 to 1. (4) United States schools need more mental health professionals, and they need the flexibility to hire the professionals that will best serve their students. (5) According to the leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of Social Psychologists, the National Association of Social Workers, and the School Social Work Association of America, the maximum recommended ratio of— (A) students to school counselors is 250 to 1; (B) students to school psychologists is 1,000 to 1; and (C) students to school social workers is 250 to 1. (6) In some States, 1 school counselor typically serves over 1,000 students. Ratios for school psychologists and school social workers are also extremely high. In some schools, there are no school-based mental health and student service providers available to assist students in times of crisis, or at any other time. (7) The number of students is expected to grow significantly over the next few years. During this time, many school-based mental health professionals who currently serve the Nation’s youth will retire. (8) Model programs using school-based mental health and student service providers have reduced school suspensions, reduced referrals to the principal’s office, reduced the use of weapons, force, and threats, and increased students’ feelings of safety. 5546. Purposes The purposes of this chapter are to assist States and local educational agencies in hiring additional school-based mental health providers, including additional school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers to achieve each of the following: (1) To reduce the ratios of school-based mental health and student service providers to students in elementary and secondary schools in the United States to the following minimum ratios recommended by the leading counseling, guidance, and mental health organizations, including the American School Counselor Association, the National Association of Social Psychologists, the National Association of Social Workers, and the School Social Work Association of America: (A) One school counselor for every 250 students; (B) One school psychologist for every 1,000 students; and (C) One school social worker for every 250 students. (2) To provide school-based mental health and student services. (3) To remove emotional, behavioral, and psychosocial barriers to learning so as to enhance students' classroom preparedness and ability to learn. (4) To support school staff and teachers in improving classroom management, conducting behavioral interventions to improve school discipline, and developing the awareness and skills to identify early warning signs of violence and the need for mental health services. (5) To support parental involvement in improving the school behavior and academic success of their children. 5547. Definitions In this chapter, the following definitions apply: (1) Child The term child means an individual who is not less than 5 years old and not more than 17 years old. (2) Child and adolescent psychiatrist The term child and adolescent psychiatrist has the meaning given such term in section 5421(e). (3) Child in poverty The term child in poverty means a child from a family with an income below the poverty line. (4) Mental health and student service provider The term mental health and student service provider means a qualified individual who provides mental health and student services, including any individual who is a qualified school counselor, a qualified school psychologist or any other qualified psychologist, a child or adolescent psychiatrist, or a qualified school social worker. (5) Mental health and student services The term mental health and student services includes direct, individual, and group services provided to students, parents, and school personnel by mental health and student service providers, and the coordination of prevention strategies in schools or community-based programs. (6) Other qualified psychologist The term other qualified psychologist has the meaning given such term in section 5421(e). (7) Poverty line The term poverty line means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a family of the size involved. (8) School counselor The term school counselor means an individual who has documented competence in counseling children and adolescents in a school setting and who— (A) possesses State licensure or certification granted by an independent professional regulatory authority; (B) possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or (C) holds a minimum of a master’s degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. (9) School psychologist The term school psychologist means an individual who— (A) possesses a minimum of 60 graduate semester hours in school psychology from an institution of higher education and has completed 1,200 clock hours in a supervised school psychology internship, of which 600 hours shall be in a school setting; (B) possesses State licensure or certification in school psychology in the State in which the individual works; or (C) possesses national certification by the National School Psychology Certification Board. (10) School social worker The term school social worker means an individual who— (A) holds a master’s degree in social work from a program accredited by the Council on Social Work Education; (B) is licensed or certified by the State in which services are provided; or (C) possesses a national credential or national certification as a school social work specialist granted by an independent professional organization. (11) State The term State means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. 5548. School-based mental health and student service provider grant program (a) In General In accordance with this chapter, the Secretary shall make grants to eligible States to assist local educational agencies in those States in hiring additional school-based mental health and student service providers. (b) Allocation of Funds From the total amount appropriated for a fiscal year to carry out this chapter, the Secretary shall— (1) make available 1 percent of such amount to the Secretary of the Interior (on behalf of the Bureau of Indian Affairs) and the outlying areas for activities that carry out the purposes of this chapter; and (2) make available in the form of grants to each eligible State an amount equal to the sum of— (A) an amount that bears the same relationship to 50 percent of such total amount as the number of children in poverty who reside in the State bears to the number of such children in all States; and (B) an amount that bears the same relationship to 50 percent of such total amount as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the State bears to the number of children enrolled in all such schools in all States. (c) Minimum Grant Notwithstanding subsection (b), no grant under this section shall be for an amount less than $1,000,000. (d) Reallocation The Secretary shall reallocate to States that have received approval under subsection (e)(2) any funds allocated under subsection (b) to a State that fails to submit an application that is approved by the Secretary. (e) Application by State (1) In general To be eligible to receive a grant under this chapter, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) Approval The Secretary may not approve an application under this subsection unless the State submitting the application— (A) presents a plan, which the Secretary considers to be reasonable, under which the State will make grants, in accordance with the purposes of this chapter, to local educational agencies to fund the hiring of additional school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers; and (B) provides an assurance that the State will provide the matching amount required under subsection (g). (f) Use of Funds by State (1) In general In accordance with this subsection, the total of the amounts made available to a State under this section and the amounts of the non-Federal match required under subsection (g) may only be used by a State to make grants to local educational agencies to assist such agencies in hiring additional school-based mental health and student service providers. (2) Administrative costs In each fiscal year, a State may use not more than 5 percent of the assistance made available to it under this chapter for the administrative costs of the State in carrying out the State’s responsibilities under this chapter. (3) Allocation of funds In making grants in accordance with this subsection, the State shall allocate from the total described in paragraph (1) to each local educational agency an amount equal to the sum of— (A) an amount that bears the same relationship to 50 percent of such total as the number of children in poverty who reside in the school district served by the local educational agency bears to the number of such children who reside in all the school districts in the State; and (B) an amount that bears the same relationship to 50 percent of such total as the number of children enrolled in public and private nonprofit elementary schools and secondary schools in the school district served by the local educational agency bears to the number of children enrolled in all such schools in the State. (4) Minimum grant Notwithstanding paragraph (3), no grant made by a State in accordance with this subsection shall be for an amount less than $50,000. (5) Source of data For purposes of paragraph (3), the State shall use data from the most recent fiscal year for which satisfactory data are available, except that the State may adjust such data, or use alternative child poverty data, if the State demonstrates to the Secretary’s satisfaction that such adjusted or alternative data more accurately reflect the relative incidence of children who are living in poverty and who reside in the school districts in the State. (6) Application by local educational agencies A State may require that, in order to be eligible for a grant made by the State in accordance with this subsection, a local educational agency shall submit an application to the State at such time, in such manner, and containing such information as the State may require. (g) Matching Funds (1) In general As a condition of receiving a grant under this section, the Secretary shall require that a State provide from non-Federal sources an amount equal to the amount of the grant. (2) Local contribution In making grants to local educational agencies in accordance with this subsection, a State may require that a local educational agency match a portion of the amount of the grant made to the agency. (3) Form The non-Federal share required by this subsection may be provided in cash or in kind, fairly evaluated, and may include facilities, equipment, or services. (h) Funds To Be Supplementary Assistance made available under this chapter shall be used to supplement, and may not supplant, Federal, State, or local funds used for employing school-based mental health and student service providers. (i) Data Collection and Report (1) In general For each fiscal year for which it receives assistance under this chapter, a State shall collect data describing how the assistance is used. (2) Report Not later than 1 year after assistance is made available to a State under this chapter, the State shall transmit to the Secretary a report on the data described in paragraph (1), including information with respect to each local educational agency to which the State made a grant with assistance made available under this chapter— (A) the number of school counselors, school psychologists, other qualified psychologists, child and adolescent psychiatrists, and school social workers employed by local educational agency; and (B) the ratio of students to school counselors, the ratio of students to school psychologists or other qualified psychologists, the ratio of students to child and adolescent psychiatrists, and the ratio of students to school social workers. (3) Source of funds A State may use a portion of the assistance permitted to be used for administrative costs to carry out its responsibilities under this subsection. (4) Publication The Secretary shall make data received under this subsection publicly available on an annual basis. 5549. Authorization of appropriations There are authorized to be appropriated to carry out this chapter $100,000,000 for each of fiscal years 2014 through 2022. . (b) Clerical Amendments The table of contents for the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by amending the items relating to subpart 14 of title V to read as follows: Subpart 14—Grants to Improve the Mental Health of Children CHAPTER A—SYSTEMS INTEGRATION; PROMOTION OF SCHOOL READINESS Sec. 5541. Grants for the integration of schools and mental health systems. Sec. 5542. Promotion of school readiness through early childhood emotional and social development. CHAPTER B—SCHOOL-BASED MENTAL HEALTH AND STUDENT SERVICE PROVIDERS Sec. 5545. Findings. Sec. 5546. Purposes. Sec. 5547. Definitions. Sec. 5548. School-based mental health and student service provider grant program. Sec. 5549. Authorization of appropriations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr320ih/xml/BILLS-113hr320ih.xml

113-hr-321

I 113th CONGRESS 1st Session H. R. 321 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Markey , Mr. Levin , Ms. Slaughter , Mr. Van Hollen , Ms. Wasserman Schultz , Mr. Rangel , Ms. Speier , Ms. Lee of California , Ms. Schwartz , Mr. Capuano , Mr. Grijalva , Mr. Ellison , Ms. McCollum , Mr. Blumenauer , Mr. Moran , Ms. Moore , Mr. McGovern , Mr. Cicilline , Ms. Jackson Lee , Ms. Chu , Ms. Matsui , Ms. Norton , Mr. Quigley , Mr. Holt , Mr. Himes , Mr. Schiff , Ms. Schakowsky , Mr. Doyle , Ms. Eddie Bernice Johnson of Texas , Ms. Shea-Porter , Ms. Pingree of Maine , and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Continuing Appropriations Resolution, 2013 ( Public Law 112–175 ) to permit research on firearms safety and gun violence. 1. Short title The Act may be cited as the Firearm Safety and Public Health Research Act of 2013 . 2. Permitting the use of Federal funds for research on firearms safety and gun violence The Continuing Appropriations Resolution, 2013 ( Public Law 112–175 ) is amended by inserting after section 155 the following: 156. Notwithstanding section 101, sections 218 and 503(c) of division F of the Consolidated Appropriations Act, 2012 (Public Law 112–74) shall not apply to amounts made available by this joint resolution insofar as such sections relate to any activity to conduct research on firearms safety or gun violence. .

https://www.govinfo.gov/content/pkg/BILLS-113hr321ih/xml/BILLS-113hr321ih.xml

113-hr-322

I 113th CONGRESS 1st Session H. R. 322 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Miller of Florida (for himself, Mr. Alexander , Mr. Bachus , Mr. Bishop of Utah , Mrs. Black , Mrs. Blackburn , Mr. Bonner , Mr. Boustany , Mr. Broun of Georgia , Mr. Cassidy , Mr. Chabot , Mr. Coffman , Mr. Conaway , Mr. Crawford , Mr. DesJarlais , Mr. Duncan of South Carolina , Mr. Fincher , Mr. Franks of Arizona , Mr. Graves of Missouri , Mr. Griffin of Arkansas , Mr. Hanna , Mrs. Hartzler , Mr. Hastings of Washington , Mr. Huelskamp , Mr. Hunter , Mr. Huizenga of Michigan , Mr. Jones , Mr. Jordan , Mr. King of Iowa , Mr. Kinzinger of Illinois , Mr. Kline , Mr. Latta , Mr. Luetkemeyer , Mrs. Lummis , Mr. Matheson , Mr. McIntyre , Mr. Michaud , Mr. Gary G. Miller of California , Mr. Nugent , Mr. Nunnelee , Mr. Olson , Mr. Palazzo , Mr. Pearce , Mr. Peterson , Mr. Pitts , Mr. Pompeo , Mr. Roe of Tennessee , Mr. Rogers of Kentucky , Mr. Rogers of Alabama , Mr. Ross , Mr. Austin Scott of Georgia , Mr. Shuster , Mr. Simpson , Mr. Southerland , Mr. Smith of Nebraska , Mr. Stivers , Mr. Stutzman , Mr. Terry , Mr. Thompson of Mississippi , Mr. Thompson of Pennsylvania , Mr. Thornberry , Mr. Tipton , Mr. Walden , Mr. Westmoreland , Mr. Wittman , Mr. Womack , Mr. Young of Alaska , and Mr. Sessions ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Toxic Substances Control Act to clarify the jurisdiction of the Environmental Protection Agency with respect to certain sporting good articles, and to exempt those articles from a definition under that Act. 1. Short title This Act may be cited as the Hunting, Fishing, and Recreational Shooting Protection Act . 2. Modification of definition Section 3(2)(B) of the Toxic Substances Control Act ( 15 U.S.C. 2602(2)(B) ) is amended— (1) in clause (v), by striking , and and inserting , or any component of any such article including, without limitation, shot, bullets and other projectiles, propellants, and primers, ; (2) in clause (vi) by striking the period at the end and inserting , and ; and (3) by inserting after clause (vi) the following: (vii) any sport fishing equipment (as such term is defined in subsection (a) of section 4162 of the Internal Revenue Code of 1986) the sale of which is subject to the tax imposed by section 4161(a) of such Code (determined without regard to any exemptions from such tax as provided by section 4162 or 4221 or any other provision of such Code), and sport fishing equipment components. .

https://www.govinfo.gov/content/pkg/BILLS-113hr322ih/xml/BILLS-113hr322ih.xml

113-hr-323

I 113th CONGRESS 1st Session H. R. 323 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Natural Resources A BILL To extend Federal recognition to the Muscogee Nation of Florida. 1. Short title This Act may be cited as the Muscogee Nation of Florida Federal Recognition Act . 2. Findings Congress finds that— (1) the Muscogee Nation of Florida is comprised of lineal descendants of persons who were historically part of the Creek Confederacy, which relocated from Daleville, Alabama, and other areas of southern Alabama to the State of Florida between 1812 and 1887; (2) those Creek persons settled in the north Florida panhandle in autonomous communities (referred to in the constitution of the Muscogee Nation as Townships ), continuing the lifestyle and traditions practiced by the historic Creek Nation of Alabama and Georgia; (3) (A) on dissolution of the Creek Confederacy, the ancestors of current members of the Muscogee Nation of Florida relocated and reestablished home sites, traditions, ceremonial centers, tribal government (including through the traditional appointment of tribal leaders), and tribal economy in rural areas of the State of Florida; (B) the relocation described in subparagraph (A) did not prevent the Nation from— (i) continuing to exercise the governing powers of the Nation; (ii) providing services to members of the Nation; or (iii) enjoying the communal lifestyle of the Nation; and (C) some members of the Nation remain on original home sites of their Creek ancestors; (4) members of the Nation— (A) participated in the 1814 Treaty of Ft. Jackson and the Apalachicola Treaty of October 11, 1832; and (B) were included in the Abbott-Parsons Creek Census, dated 1832 and 1833; (5) members of the Nation have established an ancestral claim to land taken from the Nation by General Andrew Jackson in the aftermath of the War of 1812 pursuant to the 1814 Treaty of Ft. Jackson; (6) beginning in 1971, the Secretary of the Interior distributed to members of the Nation in 3 actions per capita payments for land claim settlements; (7) (A) in 1974, the State of Florida established the Northwest Florida Creek Indian Council to manage issues relating to Creek Indians in northwest Florida; and (B) in 1978, the Council held an election for representatives to the tribal government known as the Florida Tribe of Eastern Creek Indians , which is now the Muscogee Nation of Florida; (8) the community of Bruce in Walton County, Florida, has been a governing center for the Nation for more than 150 years; (9) in the community of Bruce, the Nation— (A) beginning in the early 1860s, used and maintained the Antioch Cemetery, which remains in use by members of the Nation as of the date of enactment of this Act; (B) between 1895 and 1947, maintained a school that was attended by members of the Nation; (C) in 1912, established a church that is recognized by the Methodist Conference as a Native American church; and (D) maintained a ceremonial area on Bruce Creek that was attended until the late 1920s; (10) the ceremonial area of the Nation, as in existence on the date of enactment of this Act— (A) is located in the community of Blountstown, Florida, one of the reservations referred to in the Apalachicola Treaty of October 11, 1832; and (B) is the site of continuing ceremonies, such as Green Corn, and traditional events; (11) local governments have recognized the community of Bruce as the center of tribal government of the Nation; and (12) during the 30-year period preceding the date of enactment of this Act, the Nation has received Federal, State, and local grants, and entered into contracts, to provide services and benefits to members of the Nation. 3. Definitions In this Act: (1) Member The term member means— (A) an individual who is an enrolled member of the Nation as of the date of enactment of this Act; and (B) an individual who has been placed on the membership rolls of the Nation in accordance with this Act. (2) Nation The term Nation means the Muscogee Nation of Florida (formerly known as the Florida Tribe of Eastern Creek Indians ). (3) Secretary The term Secretary means the Secretary of the Interior. (4) Tribal Council The term Tribal Council means the governing body of the Nation. 4. Federal recognition (a) Recognition (1) In general Federal recognition is extended to the Nation. (2) Applicability of laws All laws (including regulations) of the United States of general applicability to Indians or nations, Indian tribes, or bands of Indians (including the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. )) that are not inconsistent with this Act shall be applicable to the Nation and members. (b) Federal services and benefits (1) In general On and after the date of enactment of this Act, the Nation and members shall be eligible for all services and benefits provided by the Federal Government to federally recognized Indian tribes without regard to— (A) the existence of a reservation for the Nation; or (B) the location of the residence of any member on or near any Indian reservation. (2) Service area For the purpose of the delivery of Federal services to members, the service area of the Nation shall be considered to be— (A) the community of Bruce in Walton County, Florida; and (B) an area in the State of Florida in which members reside that is bordered— (i) on the west by the Escambia River; and (ii) on the east by the St. Marks River. 5. Constitution and bylaws (a) In general The constitution and bylaws of the Nation shall be the constitution and bylaws of the Tribal Council dated January 21, 2001 (including amendments), as submitted to the Secretary for approval on recognition. (b) New constitution and bylaws On receipt of a written request of the Tribal Council, the Secretary shall hold a referendum for members for the purpose of adopting a new constitution and bylaws, in accordance with section 16 of the Act of June 18, 1934 ( 25 U.S.C. 476 ). 6. Tribal Council The Tribal Council— (1) shall represent the Nation and members; and (2) may— (A) enter into any contract, grant agreement, or other agreement with any Federal department or agency; (B) carry out or administer such programs as the Tribal Council determines to be appropriate to carry out the contracts and agreements; and (C) designate a successor in interest pursuant to a new constitution or bylaw of the Nation adopted under section 5(b). 7. Membership roll The membership roll of the Nation shall be determined in accordance with the membership criteria established by the ordinance of the Nation numbered 04–01–100 and dated February 7, 2004. 8. Land in trust The Secretary is authorized to take land in trust on behalf of the Muscogee Nation of Florida pursuant to part 151 of title 25, Code of Federal Regulations.

https://www.govinfo.gov/content/pkg/BILLS-113hr323ih/xml/BILLS-113hr323ih.xml

113-hr-324

I 113th CONGRESS 1st Session H. R. 324 IN THE HOUSE OF REPRESENTATIVES January 18, 2013 Mr. Miller of Florida (for himself, Mr. Meeks , Mr. Runyan , Mr. Michaud , Ms. Bordallo , Mr. Bishop of Georgia , Mr. Cooper , Mr. Bentivolio , Mr. Ryan of Ohio , Mr. Braley of Iowa , Mr. Lamborn , Mr. Camp , Mrs. Davis of California , Mr. Coffman , Mr. Franks of Arizona , Mr. Larsen of Washington , Mr. Huizenga of Michigan , Mr. Loebsack , Mr. Griffin of Arkansas , Mr. Conaway , and Mr. Calvert ) 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 First Special Service Force, in recognition of its superior service during World War II. 1. Findings Congress finds the following: (1) The First Special Service Force (the Force ), a military unit composed of volunteers from the United States and Canada, was activated in July 1942 at Fort Harrison near Helena, Montana. (2) The Force was initially intended to target military and industrial installations that were supporting the German war effort, including important hydroelectric plants, which would severely limit the production of strategic materials used by the Axis powers. (3) From July 1942 through June 1943, volunteers of the Force trained in hazardous, arctic conditions in the mountains of western Montana, and in the waterways of Camp Bradford, Virginia. (4) The combat echelon of the Force totaled 1,800 soldiers, half from the United States and half from Canada. (5) The Force also contained a service battalion, composed of 800 members from the United States, that provided important support for the combat troops. (6) A special bond developed between the Canadian and United States soldiers, who were not segregated by country, although the commander of the Force was a United States colonel. (7) The Force was the only unit formed during World War II that consisted of troops from Canada and the United States. (8) In October 1943, the Force went to Italy, where it fought in battles south of Cassino, including Monte La Difensa and Monte Majo, two mountain peaks that were a critical anchor of the German defense line. (9) During the night of December 3, 1943, the Force ascended to the top of the precipitous face of Monte La Difensa, where the Force suffered heavy casualties and overcame fierce resistance to overtake the German line. (10) After the battle for La Difensa, the Force continued to fight tough battles at high altitudes, in rugged terrain, and in severe weather. (11) After battles on the strongly defended Italian peaks of Sammucro, Vischiataro, and Remetanea, the size of the Force had been reduced from 1,800 soldiers to fewer than 500. (12) For 4 months in 1944, the Force engaged in raids and aggressive patrols at the Anzio Beachhead. (13) On June 4, 1944, members of the Force were among the first Allied troops to liberate Rome. (14) After liberating Rome, the Force moved to southern Italy and prepared to assist in the liberation of France. (15) During the early morning of August 15, 1944, members of the Force made silent landings on Les Iles D'Hyeres, small islands in the Mediterranean Sea along the southern coast of France. (16) The Force faced a sustained and withering assault from the German garrisons as the Force progressed from the islands to the Franco-Italian border. (17) After the Allied forces secured the Franco-Italian border, the United States Army ordered the disbandment of the Force on December 5, 1944, in Nice, France. (18) During 251 days of combat, the Force suffered 2,314 casualties, or 134 percent of its authorized strength, captured thousands of prisoners, won 5 United States campaign stars and 8 Canadian battle honors, and never failed a mission. (19) The United States is forever indebted to the acts of bravery and selflessness of the troops of the Force, who risked their lives for the cause of freedom. (20) The efforts of the Force along the seas and skies of Europe were critical in repelling the advance of Nazi Germany and liberating numerous communities in France and Italy. (21) The bond between the members of the Force from the United States and those from Canada has endured over the decades, as the members meet every year for a reunion, alternating between the United States and Canada. (22) The traditions and honors exhibited by the Force are carried on by 2 outstanding active units of 2 great democracies, the Special Forces of the United States and the Canadian Special Operations Regiment. 2. Congressional gold medal (a) Award authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of the Congress, of 2 gold medals of appropriate design to the First Special Service Force, collectively, in recognition of their dedicated service during World War II. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the Secretary ) shall strike the gold medals with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Award to Smithsonian and First Special Service Force Association (1) In general Following the award of the gold medals in honor of the First Special Service Force, under subsection (a)— (A) one gold medal shall be given to the Smithsonian Institution, where it will be displayed as appropriate and made available for research; and (B) one gold medal shall be given to the First Special Service Force Association in Helena, Montana. (2) Sense of Congress It is the sense of the Congress that the Smithsonian Institution and the First Special Service Force Association should make the gold medals received under paragraph (1) available for display elsewhere, particularly at other appropriate locations associated with the First Special Service Force, including Fort William Henry Harrison in Helena, Montana. 3. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medals struck under section 2, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 4. National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. 5. Authority to use funds; proceeds of sale (a) Authority To use funds There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $30,000 to pay for the cost of the medals authorized under section 2. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund.

https://www.govinfo.gov/content/pkg/BILLS-113hr324ih/xml/BILLS-113hr324ih.xml

113-hr-325

I 113th CONGRESS 1st Session H. R. 325 IN THE HOUSE OF REPRESENTATIVES AN ACT To ensure the complete and timely payment of the obligations of the United States Government until May 19, 2013, and for other purposes. 1. Short title This Act may be cited as the No Budget, No Pay Act of 2013 . 2. Temporary suspension of debt ceiling (a) Suspension Section 3101(b) of title 31, United States Code, shall not apply for the period beginning on the date of the enactment of this Act and ending on May 18, 2013. (b) Special rule relating to obligations issued during suspension period Effective May 19, 2013, the limitation in section 3101(b) of title 31, United States Code, as increased by section 3101A of such title, is increased to the extent that— (1) the face amount of obligations issued under chapter 31 of such title and the face amount of obligations whose principal and interest are guaranteed by the United States Government (except guaranteed obligations held by the Secretary of the Treasury) outstanding on May 19, 2013, exceeds (2) the face amount of such obligations outstanding on the date of the enactment of this Act. An obligation shall not be taken into account under paragraph (1) unless the issuance of such obligation was necessary to fund a commitment incurred by the Federal Government that required payment before May 19, 2013. 3. Holding salaries of members of congress in escrow upon failure to agree to budget resolution (a) Holding salaries in escrow (1) In general If by April 15, 2013, a House of Congress has not agreed to a concurrent resolution on the budget for fiscal year 2014 pursuant to section 301 of the Congressional Budget Act of 1974, during the period described in paragraph (2) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (2) Period described With respect to a House of Congress, the period described in this paragraph is the period which begins on April 16, 2013, and ends on the earlier of— (A) the day on which the House of Congress agrees to a concurrent resolution on the budget for fiscal year 2014 pursuant to section 301 of the Congressional Budget Act of 1974; or (B) the last day of the One Hundred Thirteenth Congress. (3) Withholding and remittance of amounts from payments held in escrow The payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1). (4) Release of amounts at end of the congress In order to ensure that this section is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Thirteenth Congress. (5) Role of secretary of the treasury The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this section. (b) Treatment of delegates as members In this section, the term Member includes a Delegate or Resident Commissioner to the Congress. (c) Payroll administrator defined In this section, the payroll administrator of a House of Congress means— (1) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (2) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. Passed the House of Representatives January 23, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr325eh/xml/BILLS-113hr325eh.xml

113-hr-326

I 113th CONGRESS 1st Session H. R. 326 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Lamborn introduced the following bill; which was referred to the Committee on Rules , 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 the Congressional Budget Act of 1974 to establish a point of order to prohibit the extension of the public debt limit unless a concurrent resolution on the budget has been agreed to and is in effect. 1. Short title This Act may be cited as the Budget Before Borrowing Act of 2013 . 2. Point of order against consideration of debt limit extension Section 312 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: (g) Point of order against consideration of debt limit extension (1) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or conference report thereon, to extend the public debt limit unless a concurrent resolution on the budget has been agreed to and is in effect for the fiscal year during which such measure is being considered. (2) Paragraph (1) may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of two-thirds of its Members, duly chosen and sworn. (3) An affirmative vote of two-thirds of the Members, duly chosen and sworn, shall be required in the Senate to sustain an appeal of the ruling of the Chair on a point of order under paragraph (1). .

https://www.govinfo.gov/content/pkg/BILLS-113hr326ih/xml/BILLS-113hr326ih.xml

113-hr-327

I 113th CONGRESS 1st Session H. R. 327 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Chaffetz (for himself and Mr. Tierney ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish requirements relating to the provision of certain products to the Government of Afghanistan, and for other purposes. 1. Short title This Act may be cited as the Accountability of Taxpayer Funding for Afghanistan Fuels Act of 2013 . 2. Requirements relating to provision of covered products to the Government of Afghanistan (a) In general No covered product may be provided directly or indirectly to the Government of Afghanistan unless and until the Secretary of Defense submits to Congress a report that contains— (1) a determination of the Secretary that the requirements described in subsection (b) have been met; and (2) a detailed justification for such determination. (b) Requirements The requirements described in this subsection are the following: (1) The provision of the covered product meets an existing or future need of the Government of Afghanistan. (2) The financial documents relating to the provision of the covered product are fully accounted for and will be maintained by the Department of Defense for a period of not less than 10 years. (3) The Department of Defense has established controls to monitor the use of the covered product. (c) Effective date This section takes effect 60 days after the date of the enactment of this Act and applies with respect to the provision of a covered product on or after 60 days after such date of enactment. 3. Prohibition on financing assistance for purposes of procuring any covered product for use by the Government of Afghanistan (a) In general No funds available to the Department of Defense may be provided directly or indirectly to the Government of Afghanistan for purposes of procuring any covered product unless and until the Secretary of Defense submits to Congress a report that contains— (1) a determination of the Secretary that the requirements described in subsection (b) have been met; and (2) a detailed justification for such determination. (b) Requirements The requirements described in this subsection are the following: (1) The Government of Afghanistan is capable of providing reliable accounting and reporting to the Department of Defense with respect to the purchase, delivery, and consumption of a covered product. (2) The Special Inspector General for Afghanistan Reconstruction or beginning on the date described in subsection (c) the Inspector General of the Department of Defense has certified to the Secretary of Defense that the requirements described in paragraph (1) have been met. (c) Date described The date described in this subsection is the date of termination of the Office of the Special Inspector General for Afghanistan Reconstruction as required under section 1229 of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 378). (d) Effective date This section takes effect on the date of the enactment of this Act and applies with respect to funds available to the Department of Defense that are unobligated or unexpended as of such date of enactment. 4. Definitions In this Act: (1) Covered product The term covered product means petroleum, oil, or a lubricant (including diesel fuel, gasoline, jet or aviation fuel, kerosene, or other fuels) or firewood that is to be used for purposes of equipping, training, or sustaining the Afghan National Security Forces. (2) Government of Afghanistan The term Government of Afghanistan includes any agency of instrumentality of Afghanistan.

https://www.govinfo.gov/content/pkg/BILLS-113hr327ih/xml/BILLS-113hr327ih.xml

113-hr-328

I 113th CONGRESS 1st Session H. R. 328 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Chaffetz (for himself and Mr. Quigley ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To establish a pilot program for the expedited disposal of Federal real property. 1. Short title This Act may be cited as the Excess Federal Building and Property Disposal Act of 2013 . 2. Federal real property disposal pilot program (a) In general Chapter 5 of subtitle I of title 40, United States Code, is amended by adding at the end the following new subchapter: VII Expedited disposal of real property 621. Federal real property disposal pilot program (a) In general The Administrator of General Services (in this subchapter referred to as the Administrator ), in consultation with the Director of the Office of Management and Budget (in this subchapter referred to as the Director ), shall conduct a pilot program to be known as the Federal Real Property Disposal Pilot Program , under which the Administrator, in consultation with the Director, shall determine which 15 Federal Government real properties that are excess or surplus and have the highest fair market value and the greatest potential to sell and shall dispose of such properties in accordance with this subchapter and through an expedited disposal of real property. (b) Disposal During the five-year period beginning on the date of the enactment of the Excess Federal Building and Property Disposal Act of 2013 , the Administrator, in consultation with the Director, shall dispose of real property under the Federal Real Property Disposal Pilot Program through a public auction. (c) Adding properties to the pilot program Not later than 15 days after a property is disposed of under subsection (b), the Administrator, in consultation with the Director, shall designate an additional property, in accordance with subsection (a), to be disposed of under the Federal Real Property Disposal Pilot Program. (d) Exceptions The Administrator shall not include for purposes of the Federal Real Property Pilot Program any of the following types of property: (1) A parcel of real property, building, or other structure located on such real property that is to be closed or realigned under the Defense Base Closure and Realignment Act of 1990 ( 10 U.S.C. 2687 note). (2) Properties that are excluded for reasons of national security by the Director of the Office of Management and Budget. (3) Indian and Native Eskimo properties including— (A) any property within the limits of any Indian reservation to which the United States owns title; and (B) any property title which is held in trust by the United States for the benefit of any Indian tribe or individual or held by an Indian tribe or individual subject to restriction by the United States against alienation. (4) Properties operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831 et seq. ). (5) Postal properties owned by the United States Postal Service. (6) Properties used in connection with river, harbor, flood control, reclamation, or power projects. (7) Properties that the Administrator has determined are suitable for assignment to the Secretary of the Interior for transfer to a State, a political subdivision or instrumentality of a State, or a municipality for use as a public park or recreation area under section 550(e) of this title. In making such determination, the Administrator may consider the appraised value of the property and the highest and best use. (8) Properties used, as of the date of the enactment of this subchapter, in connection with Federal programs for recreational and conservation purposes, including research for such programs. (e) GAO report Not later than 24 months after the date of the enactment of this subchapter, the Comptroller General of the United States shall submit to Congress and make publicly available a study of the effectiveness of the Federal Real Property Pilot Program. (f) Termination The Federal Real Property Disposal Pilot Program shall terminate on the date that is five years after the date of the enactment of the Excess Federal Building and Property Disposal Act of 2013 . 622. Selection of real properties The head of each executive agency shall recommend properties to the Director for disposal under the Federal Real Property Pilot Program. The Director, in consultation with the Administrator, shall then select properties for disposal under the pilot program and notify the recommending executive agency accordingly. 623. Expedited disposal requirements (a) Expedited disposal of real property defined For purposes of this subchapter, an expedited disposal of real property is the sale of real property for cash that is conducted pursuant to the requirements of section 545(a) of this title. (b) Fair market value requirement Real property sold under the Federal Real Property Pilot Program may not be sold at less than the fair market value as determined by the Administrator, in consultation with the Director. Costs associated with disposal may not exceed the fair market value of the property unless the Director approves incurring such costs. (c) Monetary proceeds requirement Real property shall be sold under the Federal Real Property Pilot Program only if the property will generate monetary proceeds to the Federal Government, as provided in subsection (b). A disposal of real property under the Federal Real Property Pilot Program may not include any exchange, trade, transfer, acquisition of like-kind property, or other non-cash transaction as part of the disposal. (d) Rule of construction Nothing in this subchapter shall be construed as terminating or in any way limiting authorities that are otherwise available to agencies under other provisions of law to dispose of Federal real property, except as provided in subsection (e). (e) Exemption from certain requirements Any expedited disposal of a real property conducted under this subchapter shall not be subject to— (1) subchapter IV of this chapter; (2) sections 550 and 553 of this title; (3) section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ); (4) any other provision of law authorizing the no-cost conveyance of real property owned by the Federal Government; or (5) any congressional notification requirement other than that in section 545 of this title. 624. Special rules for deposit and use of proceeds from expedited disposals The proceeds from an expedited disposal of real property under this subchapter shall be deposited into the General Fund of the Treasury. Two percent of such proceeds is authorized to be appropriated until expended to fund the grant program under section 625. 625. Homeless assistance grants (a) Grant authority To the extent amounts are made available pursuant to section 624 for use under this section, the Secretary of Housing and Urban Development shall make grants to eligible private nonprofit organizations under subsection (b) to purchase property suitable for use to assist the homeless as provided in subsection (c). (b) Eligible grantees To be eligible to receive a grant under subsection (a), a private nonprofit organization shall be a representative of the homeless, as such term is defined in section 501(i)(4) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411(i)(4) ). (c) Use of properties for housing or shelter for the homeless (1) Eligible uses A nonprofit organization that receives a grant under subsection (a) shall use the amounts received under such grant only to acquire or rehabilitate real property for use to provide permanent housing (as such term is defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 )), transitional housing (as such term is defined in such section 401), or temporary shelter, for persons who are homeless. (2) Term of use The Secretary of Housing and Urban Development may not make a grant under subsection (a) to a private nonprofit organization unless the organization provides the Secretary with such assurances as the Secretary determines necessary to ensure that any property acquired or rehabilitated using the amounts received under such grant is used only as provided in paragraph (1) of this subsection for a period of not fewer than 15 years. (d) Preference In awarding grants under subsection (a), the Secretary of Housing and Urban Development shall give preference for such grants to private nonprofit organizations that operate within areas in which Federal real property is being sold under the Federal Real Property Disposal Pilot Program under this subchapter. (e) Nonprofit organization For purposes of this section, the following definitions shall apply: (1) Homeless The term homeless has the meaning given such term in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302(a) ), except that subsection (c) of such section shall not apply for purposes of this section. (2) Private nonprofit organization The term private nonprofit organization has the meaning given such term in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). (f) Regulations The Secretary of Housing and Urban Development may issue any regulations necessary to carry out this section. . (b) Clerical amendment The table of sections at the beginning of chapter 5 of subtitle I of title 40, United States Code, is amended by inserting after the item relating to section 611 the following: Subchapter VII—Expedited disposal of real property 621. Federal real property disposal pilot program. 622. Selection of real properties. 623. Expedited disposal requirements. 624. Special rules for deposit and use of proceeds from expedited disposals. 625. Homeless assistance grants. . 3. Duties of the General Services Administration and executive agencies (a) In general Section 524 of title 40, United States Code, is amended to read as follows: 524. Duties of the General Services Administration and executive agencies (a) Duties of the General Services Administration (1) Guidance Not later than 6 months after the date of the enactment of this section, and when necessary thereafter, the Administrator of General Services shall issue guidance for the development and implementation of executive agency real property plans. Such guidance shall include recommendations on— (A) how to identify excess properties; (B) how to evaluate the costs and benefits associated with disposing of real property; (C) how to prioritize disposal decisions based on agency missions and anticipated future need for holdings; and (D) how best to dispose of those properties identified as excess to meet the needs of the agency. (2) Assistance The Administrator shall assist executive agencies in the identification and disposal of excess real property. (b) Duties of executive agencies (1) In general Each executive agency shall— (A) maintain adequate inventory controls and accountability systems for property under its control; (B) continuously survey property under its control to identify excess property; (C) promptly report excess property to the Administrator; (D) perform the care and handling of excess property; and (E) transfer or dispose of excess property as promptly as possible in accordance with authority delegated and regulations prescribed by the Administrator. (2) Specific requirements with respect to real property With respect to real property, each executive agency shall— (A) develop and implement a real property plan in order to identify properties to declare as excess using the guidance issued under subsection (a)(1); (B) identify and categorize all real property owned, leased, or otherwise managed by the agency; (C) establish adequate goals and incentives to reduce excess real property in such agency’s inventory; and (D) when appropriate, use the authorities in section 572(a)(2)(B) of this title in order to identify and prepare real property to be reported as excess. (3) Additional requirements Each executive agency, as far as practicable, shall— (A) reassign property to another activity within the agency when the property is no longer required for the purposes of the appropriation used to make the purchase; (B) transfer excess property under its control to other Federal agencies and to organizations specified in section 321(c)(2) of this title; and (C) obtain excess properties from other Federal agencies to meet mission needs before acquiring non-Federal property. . (b) Clerical amendment The item relating to section 524 in the table of sections at the beginning of chapter 5 of such title is amended to read as follows: 524. Duties of the General Services Administration and executive agencies. . (c) GSA report (1) In general Not later than three years after the date of the enactment of this Act, the Administrator of General Services shall submit a report to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate on the implementation of section 524, as amended by subsection (a), and each of the following: (A) The efforts of each executive agency to reduce such agency’s real property assets, based on data submitted from such agency. (B) For each excess and surplus real property facility/installation disposed of, an indication of— (i) the date and method of disposal; (ii) the proceeds obtained from the disposition of such property; (iii) the amount of time required to fully dispose of excess and surplus real property under the custody and control of all executive agencies; and (iv) the cost to dispose of surplus and excess real property under the custody and control of all executive agencies. (2) Definitions The terms excess property , executive agency , and surplus property have the meanings given those terms in section 102 of title 40, United States Code. 4. Enhanced authorities with regard to preparing properties to be reported as excess Section 572(a)(2) of title 40, United States Code, is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (2) by inserting after subparagraph (A) the following new subparagraph: (B) Additional authority (i) From the fund described in paragraph (1), subject to clause (iv) of this subparagraph, the Administrator may obligate an amount to pay the direct and indirect costs related to identifying and preparing properties to be reported excess by another agency. (ii) The General Services Administration shall be reimbursed from the proceeds of the sale of such properties for such costs. (iii) Net proceeds shall be dispersed pursuant to section 571 of this title. (iv) The authority under clause (i) to obligate funds to prepare properties to be reported excess does not include the authority to convey such properties by use, sale, lease, exchange, or otherwise, including through leaseback arrangements or service agreements. (v) Nothing in this subparagraph is intended to affect subparagraph (D). . 5. Enhanced authorities with regard to reverted real property (a) Authority To pay expenses related to reverted real property Section 572(a)(2)(A) of title 40, United States Code, is amended by adding at the end the following: (iv) The direct and indirect costs associated with the reversion, custody, and disposal of reverted real property. . (b) Requirements related to sales of reverted property under section 550 Section 550(b)(1) of title 40, United States Code, is amended— (1) by inserting (A) after (1) In general.— ; and (2) by adding at the end the following: “If the official, in consultation with the Administrator, recommends reversion of the property, the Administrator shall take control of such property, and, subject to subparagraph (B), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements. (B) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 553 and 554 of this title. . (c) Requirements related to sales of reverted property under section 553 Section 553(e) of title 40, United States Code, is amended— (1) by inserting (1) after This Section.— ; and (2) by adding at the end the following: If the Administrator determines that reversion of the property is necessary to enforce compliance with the terms of the conveyance, the Administrator shall take control of such property and, subject to paragraph (2), sell it at or above appraised fair market value for cash and not by lease, exchange, leaseback arrangements, or service agreements. (2) Prior to sale, the Administrator shall make such property available to State and local governments and certain non-profit institutions or organizations pursuant to this section and sections 550 and 554 of this title. . 6. Agency retention of proceeds The text of section 571 of title 40, United States Code, is amended to read as follows: (a) Proceeds from transfer or sale of real property (1) Deposit of net proceeds Net proceeds described in subsection (d) shall be deposited into the appropriate real property account of the agency that had custody and accountability for the real property at the time the real property is determined to be excess. (2) Expenditure of net proceeds The net proceeds deposited pursuant to paragraph (1) may only be expended as authorized in annual appropriations Acts, for activities described in sections 543 and 545 of this title, including paying costs incurred by the General Services Administration for any disposal-related activity authorized by this title. (3) Deficit reduction Any net proceeds described in subsection (d) from the sale, lease, or other disposition of surplus real property that are not expended under paragraph (2) shall be used for deficit reduction. (b) Effect on other sections Nothing in this section is intended to affect section 572(b), 573, or 574 of this title. (c) Disposal agency for reverted property For the purposes of this section, for any real property that reverts to the United States under sections 550 and 553 of this title, the General Services Administration, as the disposal agency, shall be treated as the agency with custody and accountability for the real property at the time the real property is determined to be excess. (d) Net proceeds The net proceeds described in this subsection are proceeds under this chapter, less expenses of the transfer or disposition as provided in section 572(a) of this title, from a— (1) transfer of excess real property to a Federal agency for agency use; or (2) sale, lease, or other disposition of surplus real property. (e) Proceeds from transfer or sale of personal property (1) In general Except as otherwise provided in this subchapter, proceeds described in paragraph (2) shall be deposited in the Treasury as miscellaneous receipts. (2) Proceeds The proceeds described in this paragraph are proceeds under this chapter from— (A) a transfer of excess personal property to a Federal agency for agency use; or (B) a sale, lease, or other disposition of surplus personal property. (3) Payment of expenses of sale before deposit Subject to regulations under this subtitle, the expenses of the sale of personal property may be paid from the proceeds of sale so that only the net proceeds are deposited in the Treasury. This paragraph applies whether proceeds are deposited as miscellaneous receipts or to the credit of an appropriation as authorized by law. . 7. Federal real property database (a) In general Subchapter II of chapter 5 of title 40, United States Code, is amended by adding at the end the following new section: 530. Federal real property database (a) Database required Not later than one year after the date of the enactment of this section, the Administrator of General Services shall publish a single, comprehensive, and descriptive database of all Federal real property under the custody and control of all executive agencies, other than Federal real property excluded for reasons of national security, in accordance with subsection (b). (b) Required information for database The Administrator shall collect from the head of each executive agency descriptive information, except for classified information, of the nature, use, and extent of the Federal real property of each such agency, including the following: (1) The geographic location of each Federal real property of each such agency, including the address and description for each such property. (2) The total size of each Federal real property of each such agency, including square footage and acreage of each such property. (3) The relevance of each Federal real property to the agency’s mission. (4) The level of use of each Federal real property for each such agency, including whether such property is excess, surplus, underutilized, or unutilized. (5) The number of days each Federal real property is designated as excess, surplus, underutilized, or unutilized. (6) The annual operating costs of each Federal real property. (7) The replacement value of each Federal real property. (c) Access to database (1) Federal agencies The Administrator shall, in consultation with the Director of the Office of Management and Budget, make the database established and maintained under this section available to other Federal agencies. (2) Public access To the extent consistent with national security, the database shall be accessible by the public at no cost through the Web site of the General Services Administration. (d) Transparency of database To the extent practicable, the Administrator shall ensure that the database— (1) uses an open, machine-readable format; (2) permits users to search and sort Federal real property data; and (3) includes a means to download a large amount of Federal real property data and a selection of such data retrieved using a search. (e) Applicability Nothing in this section may be construed to require an agency to make available to the public information that is exempt from disclosure pursuant to section 552(b) of title 5. . (b) Clerical amendment The table of sections at the beginning of chapter 5 of title 40, United States Code, is amended by inserting after the item relating to section 529 the following new item: 530. Federal real property database. . 8. Sustainable disposal of property (a) In general Subchapter III of chapter 5 of title 40, United States Code, is amended by adding at the end the following new section: 560. Sustainable disposal of property The head of each Federal agency shall divert at least 50 percent of construction and demolition materials and debris by the end of fiscal year 2015. . (b) Clerical amendment The table of sections at the beginning of chapter 5 of title 40, United States Code, is amended by inserting after the item relating to section 559 the following new item: 560. Sustainable disposal of property. . 9. Streamlining the Mckinney-Vento Homeless Assistance Act Section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ) is amended— (1) in subsection (a), by adding at the end the following new sentence: Agencies shall not be required to submit information to the Secretary regarding properties located in an area for which the general public is denied access in the interest of national security. ; (2) in subsection (c)(1)(A), by striking in the Federal Register and inserting the following: on the Web site of the Department of Housing and Urban Development or the General Services Administration ; and (3) in subsection (d)(3), by adding at the end the following new sentence: If no such review of the determination is requested within the 20-day period, such property will not be included in subsequent publications unless the landholding agency reclassifies the property as available and the Secretary subsequently determines the property is suitable. .

https://www.govinfo.gov/content/pkg/BILLS-113hr328ih/xml/BILLS-113hr328ih.xml

113-hr-329

I 113th CONGRESS 1st Session H. R. 329 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Fitzpatrick introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the NICS Improvement Amendments Act of 2007 to encourage States to provide records to the National Instant Background Check System. 1. Short title This Act may be cited as the Strengthening Background Checks Act of 2013 . 2. Penalties for States that do not make data available to the National Instant Criminal Background Check System (a) Increased mandatory penalties Section 104(b) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended by striking paragraph (3) and inserting after paragraph (2) the following new paragraphs: (3) Increased mandatory reductions Notwithstanding paragraphs (1) and (2), after the expiration of the period referred to in section 107(b), the Attorney General shall withhold 10 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3755 ), if— (A) the State fails to comply with section 107; or (B) the State provides less than 90 percent of the records required to be provided under sections 102 and 103. (4) Waivers by Attorney General The Attorney General may— (A) waive the applicability of paragraph (2) to a State if the State provides substantial evidence, as determined by the Attorney General, that the State is making a reasonable effort to comply with the requirements of sections 102 and 103, including an inability to comply due to court order or other legal restriction; (B) waive the applicability of paragraph (3) to a State for one year if the State provides substantial evidence, as determined by the Attorney General, that the State is making a reasonable effort to comply with the requirements of sections 102, 103, and 107, including an inability to comply due to court order, conflicts between section 107 and the constitution of the State, or other legal restriction; and (C) waive the applicability of paragraph (3), in part, to a State for which the waiver period under subparagraph (B) has expired, for additional one-year periods, if— (i) the State provides substantial evidence, as determined by the Attorney General, that the State is making a reasonable effort to comply with the requirements of sections 102, 103, and 107, including an inability to comply due to court order, conflicts between section 107 and the constitution of the State, or other legal restriction; and (ii) the Attorney General withholds 5 percent of the amount that would otherwise be allocated to a State under section 505 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3755) for each such one-year period. . (b) State laws requiring provision of records Title I of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is further amended by inserting after section 106 the following new section: 107. State laws requiring provision of records (a) In General For each fiscal year after the expiration of the period specified in subsection (b) , the State shall have in effect throughout the State laws and policies that— (1) require the State to provide to the Attorney General not less than 90 percent of the records required to be provided under sections 102 and 103; and (2) require the State to provide such records to the Attorney General in the same manner, or in a manner substantially similar to, the manner in which such records are required to be provided by the State under such sections. (b) Compliance period Each State shall have not more than 2 years from the date of enactment of the Strengthening Background Checks Act of 2013 in which to fully implement this section. . (c) Authorization and appropriation for implementation assistance to States (1) Authorization of appropriations Section 103(e) of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended— (A) in paragraph (1), by striking $125,000,000 for fiscal year 2012 and all that follows and inserting and $125,000,000 for each of fiscal years 2012 through 2015. ; and (B) in paragraph (2), by striking fiscal years 2011, 2012, and 2013 and inserting each of fiscal years 2011 through 2015 . (2) Appropriation (A) In general There are hereby appropriated for the first fiscal year beginning after the date of enactment of this Act, out of funds in the Treasury not otherwise appropriated, $125,000,000 to carry out the grant program authorized under section 103 of the NICS Improvement Amendments Act of 2007 (18 U.S.C. 922 note). (B) Offset Of the unobligated balances available under the Department of Justice Assets Forfeiture Fund, $125,000,000 are permanently cancelled.

https://www.govinfo.gov/content/pkg/BILLS-113hr329ih/xml/BILLS-113hr329ih.xml

113-hr-330

I 113th CONGRESS 1st Session H. R. 330 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Calvert (for himself and Mr. Takano ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate a Distinguished Flying Cross National Memorial at the March Field Air Museum in Riverside, California. 1. Short title This Act may be cited as the Distinguished Flying Cross National Memorial Act . 2. Designation of Distinguished Flying Cross National Memorial in Riverside, California (a) Findings Congress finds the following: (1) The most reliable statistics regarding the number of members of the Armed Forces who have been awarded the Distinguished Flying Cross indicate that 126,318 members of the Armed Forces received the medal during World War II, approximately 21,000 members received the medal during the Korean conflict, and 21,647 members received the medal during the Vietnam War. Since the end of the Vietnam War, more than 203 Armed Forces members have received the medal in times of conflict. (2) The National Personnel Records Center in St. Louis, Missouri, burned down in 1973, and thus many more recipients of the Distinguished Flying Cross may be undocumented. Currently, the Department of Defense continues to locate and identify members of the Armed Forces who have received the medal and are undocumented. (3) The United States currently lacks a national memorial dedicated to the bravery and sacrifice of those members of the Armed Forces who have distinguished themselves by heroic deeds performed in aerial flight. (4) An appropriate memorial to current and former members of the Armed Forces is under construction at March Field Air Museum in Riverside, California. (5) This memorial will honor all those members of the Armed Forces who have distinguished themselves in aerial flight, whether documentation of such members who earned the Distinguished Flying Cross exists or not. (b) Designation The memorial to members of the Armed Forces who have been awarded the Distinguished Flying Cross, located at March Field Air Museum in Riverside, California, is hereby designated as the Distinguished Flying Cross National Memorial. (c) Effect of designation The national memorial designated by this section is not a unit of the National Park System, and the designation of the national memorial shall not be construed to require or permit Federal funds to be expended for any purpose related to the national memorial.

https://www.govinfo.gov/content/pkg/BILLS-113hr330ih/xml/BILLS-113hr330ih.xml

113-hr-331

I 113th CONGRESS 1st Session H. R. 331 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Calvert (for himself and Mr. Takano ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to permit the centralized reporting of veteran enrollment by certain groups, districts, and consortiums of educational institutions. 1. Centralized reporting of veteran enrollment by certain groups, districts, and consortiums of educational institutions (a) In general Section 3684(a) of title 38, United States Code, is amended— (1) in paragraph (1), by inserting 32, 33, after 31, ; and (2) by adding at the end the following new paragraph: (4) For purposes of this subsection, the term educational institution may include a group, district, or consortium of separately accredited educational institutions located in the same State that are organized in a manner that facilitates the centralized reporting of the enrollments in such group, district, or consortium of institutions. . (b) Effective date The amendments made by subsection (a) shall apply with respect to reports submitted on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr331ih/xml/BILLS-113hr331ih.xml

113-hr-332

I 113th CONGRESS 1st Session H. R. 332 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Schiff (for himself, Mr. Van Hollen , Mr. Meeks , Mr. Cicilline , Mr. Cartwright , Mr. Honda , Mr. Ellison , Mr. Moran , Ms. Slaughter , Mr. McGovern , Ms. Norton , and Mr. Serrano ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide victims of gun violence access to the same civil remedies as are available to those injured through other means. 1. Short title This Act may be cited as the Equal Access to Justice for Victims of Gun Violence Act . 2. Findings and purposes (a) Findings The Congress finds as follows: (1) The Protection of Lawful Commerce in Arms Act (in this subsection referred to as the PLCAA ) was enacted with the express purpose of prohibiting causes of action against manufacturers, distributors, dealers, and importers of firearms or ammunition products, and their trade associations, for the harm solely caused by the criminal or unlawful misuse of firearm products or ammunition products by others when the product functioned as designed and intended. . (2) The intent of the PLCAA was to bar a narrow category of lawsuits holding gun industry entities liable for damages solely on the basis of selling a product that was used in crime. (3) The chief sponsor of PLCAA stated during floor debate, This legislation will not bar the courthouse doors to victims who have been harmed by the negligence or misdeeds of anyone in the gun industry. … If manufacturers or dealers break the law or commit negligence, they are still liable. . (4) It was not the intent of the Congress in the PLCAA to protect gun or ammunition manufacturers or sellers who failed to exercise reasonable care for health and safety in the design, marketing, and sale of their products. (5) Federal and State courts have read the PLCAA contrary to its intent, and dismissed civil lawsuits based on negligence, product defect, and other causes of action that are well established in statute and common law principles. (6) This special protection from civil liability enjoyed by the firearm industry is not only contrary to the congressional intent of the PLCAA, but also contrary to public safety, and unique among industries in the United States. (7) As Congress intended in the PLCAA, the firearm industry should not be held liable solely because a product they made or sold was used in crime, if those companies did not engage in negligent or otherwise tortious conduct. However, as Congress also intended in the PLCAA, State or Federal courts should not be barred from applying State common or statutory law to impose liability on industry participants who, through their negligent conduct or defective product, cause an injury in which unlawful activity was also a cause. (8) As most firearms dealers are responsible businesspeople who do not engage in negligent sales practices, 86 percent of firearms dealers sell no guns that are subsequently used in crimes, and 1.2 percent of firearms dealers sell 57 percent of crime guns, the overwhelming majority of dealers need no special protection from liability for damages resulting from the criminal use of guns. (9) Allowing victims of gun violence to pursue civil actions in State and Federal courts against the firearm industry on the basis of negligent behavior serves the interests of justice and fosters the adoption of responsible business practices likely to reduce the incidence of firearm deaths. (10) The Second Amendment rights of law-abiding citizens are not infringed by allowing State and Federal courts to impose generally applicable principles of civil justice law to negligent industry participants. (b) Purposes The purposes of this Act are as follows: (1) To ensure that those injured by firearms have access to the same civil remedies as those injured by any other product and are not restricted from bringing suits based on statutes and common law theories of liability in State and Federal court. (2) To allow plaintiffs to discover and introduce evidence, including gun trace evidence, into State and Federal courts where appropriate. 3. Equal access to civil remedies for victims of gun violence (a) In general An action against a manufacturer, seller, or trade association for damages or relief resulting from an alleged defect or alleged negligence with respect to a product, or conduct that would be actionable under State common or statutory law in the absence of the Protection of Lawful Commerce in Arms Act, shall not be dismissed by a court on the basis that the action is for damages resulting from, or for relief from, the criminal, unlawful, or volitional use of a qualified product. (b) Definitions In subsection (a), the terms manufacturer , seller , trade association , and qualified product shall have the meanings given the terms in section 4 of the Protection of Lawful Commerce in Arms Act. (c) Applicability Subsection (a) shall apply to actions brought before, on, or after the date of the enactment of this Act. 4. Discoverability and admissibility of gun trace information in civil proceedings The contents of the Firearms Trace System database maintained by the National Trace Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall not be immune from legal process, shall be subject to subpoena or other discovery, shall be admissible as evidence, and may be used, relied on, or disclosed in any manner, and testimony or other evidence may be permitted based on the data, on the same basis as other information, in a civil action in any State (including the District of Columbia) or Federal court or in an administrative proceeding.

https://www.govinfo.gov/content/pkg/BILLS-113hr332ih/xml/BILLS-113hr332ih.xml

113-hr-333

I 113th CONGRESS 1st Session H. R. 333 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Bishop of Georgia (for himself, Mr. Rogers of Alabama , Ms. Brown of Florida , Mr. Simpson , Mr. Courtney , Mr. Runyan , Mr. DeFazio , Mr. Griffin of Arkansas , Mr. Rahall , Ms. Tsongas , Ms. Bonamici , Mr. Larsen of Washington , Mr. Holt , Mr. Moran , Mr. Loebsack , Mr. Tierney , Mr. Connolly , and Mr. Peterson ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 10, United States Code, to permit retired members of the Armed Forces who have a service-connected disability rated less than 50 percent to receive concurrent payment of both retired pay and veterans’ disability compensation, to eliminate the phase-in period for concurrent receipt, to extend eligibility for concurrent receipt to chapter 61 disability retirees with less than 20 years of service, and for other purposes. 1. Short title This Act may be cited as the Disabled Veterans Tax Termination Act . 2. Concurrent receipt of both retired pay and veterans’ disability compensation for military retirees with compensable service-connected disabilities (a) Inclusion of Retirees With Service-Connected Disabilities Rated Less Than 50 Percent Subsection (a) of section 1414 of title 10, United States Code, is amended— (1) by striking Compensation in the subsection heading and all that follows through Subject and inserting Compensation .—Subject ; (2) by striking qualifying service-connected disability and inserting service-connected disability ; and (3) by striking paragraph (2). (b) Repeal of Phase-In of Concurrent Receipt of Retired Pay and Veterans’ Disability Compensation Such section is further amended— (1) in subsection (a), as amended by subsection (a) of this section, by striking the final sentence; (2) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (3) in subsection (d), as so redesignated, by striking paragraphs (3) and (4). (c) Inclusion of disability retirees with less than 20 years of service Subsection (b) of such section is amended— (1) in paragraph (1), by striking member retired and inserting qualified retiree who is retired ; and (2) by striking paragraph (2) and inserting the following new paragraph: (2) Disability retirees with less than 20 years of service The retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction under sections 5304 and 5305 of title 38, but only by the amount (if any) by which the amount of the member’s retired pay under such chapter exceeds the amount equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member. . (d) Clerical Amendments (1) Section heading The heading for such section is amended to read as follows: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation . (2) Table of sections The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation. . (e) Conforming amendment Section 1413a(f) of such title is amended by striking Subsection (d) and inserting Subsection (c) . (f) Effective Date The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date.

https://www.govinfo.gov/content/pkg/BILLS-113hr333ih/xml/BILLS-113hr333ih.xml

113-hr-334

I 113th CONGRESS 1st Session H. R. 334 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Poe of Texas (for himself, Mr. Conaway , Mr. Chabot , Mrs. Miller of Michigan , Mr. Culberson , Mr. Hall , Mr. Duncan of South Carolina , Mrs. Blackburn , Mr. King of Iowa , Mr. Farenthold , and Mr. Weber of Texas ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on 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 approve the Keystone XL pipeline project permit. 1. Short title This Act may be cited as the Keystone For a Secure Tomorrow Act . 2. Finding The Congress finds that the delivery of oil from Alberta, Canada, to domestic markets in the United States is in the national interest of the United States, and the earliest possible completion of the Keystone XL pipeline will best serve the national interest. 3. Keystone XL pipeline permit approval (a) Permit approval The permit described in subsection (b) is hereby approved. (b) Description of permit The permit approved under subsection (a) is the permit with respect to certain energy-related facilities and land transportation crossings on the international boundaries of the United States for the Keystone XL pipeline project, an application for which was filed on September 19, 2008 (including amendments). Such permit shall also include the Nebraska reroute evaluated in the Final Evaluation Report issued the Nebraska Department of Environmental Quality in January 2013. (c) Requirements The permit granted under subsection (a) shall require the following: (1) The permittee shall comply with all applicable Federal and State laws (including regulations) and all applicable industrial codes regarding the construction, connection, operation, and maintenance of the United States facilities. (2) The permittee shall take all appropriate measures to prevent or mitigate any adverse environmental impact or disruption of historic properties in connection with the construction, operation, and maintenance of the United States facilities. (3) For the purpose of the permit approved under subsection (a)— (A) the final environmental impact statement issued by the Secretary of State on August 26, 2011, and the Final Evaluation Report described in subsection (b) satisfy all requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ); (B) any modification required by the Secretary of State to the Plan described in paragraph (4)(A) shall not require supplementation of the final environmental impact statement described in that paragraph; and (C) no further Federal environmental review shall be required. (4) The construction, operation, and maintenance of the facilities shall be in all material respects similar to that described in the application and the Final Evaluation Report described in subsection (b) and in accordance with— (A) the construction, mitigation, and reclamation measures agreed to by the permittee in the Construction Mitigation and Reclamation Plan found in appendix B of the final environmental impact statement issued by the Secretary of State on August 26, 2011; (B) the special conditions agreed to between the permittee and the Administrator of the Pipeline Hazardous Materials Safety Administration of the Department of Transportation found in appendix U of the final environmental impact statement described in subparagraph (A); and (C) the stipulations identified in appendix S of the final environmental impact statement described in subparagraph (A). (5) Other requirements that are standard industry practice or commonly included in Federal permits that are similar to a permit approved under subsection (a). (d) Private property savings clause Nothing in this section alters the Federal, State, or local processes or conditions in effect on the date of enactment of this Act that are necessary to secure access from private property owners to construct the Keystone XL pipeline.

https://www.govinfo.gov/content/pkg/BILLS-113hr334ih/xml/BILLS-113hr334ih.xml

113-hr-335

I 113th CONGRESS 1st Session H. R. 335 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Boustany (for himself, Mr. Courtney , Mr. Thompson of California , Mr. Cummings , Mrs. Miller of Michigan , Ms. Bordallo , Mr. Capuano , Mr. Brady of Texas , Mr. McCaul , Mr. Ribble , Mr. Michaud , Mr. Lynch , Mr. Jones , Mr. Grimm , Mr. Nadler , Mr. DeFazio , Mr. Harper , Mr. Dingell , Ms. Lee of California , Mr. Meehan , Mr. Conyers , Mr. Farenthold , Mr. Schrader , Mr. Carney , Mr. Southerland , Ms. Pingree of Maine , Mr. Bucshon , Mr. Cassidy , Mr. Himes , Mr. Fleming , Mr. Walberg , Ms. Speier , Mr. King of New York , Mr. Griffin of Arkansas , Mr. Ruppersberger , Mr. Higgins , and Mr. Duncan of Tennessee ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure that amounts credited to the Harbor Maintenance Trust Fund are used for harbor maintenance. 1. Short title This Act may be cited as the Realize America’s Maritime Promise Act or the RAMP Act . 2. Funding for harbor maintenance programs (a) Harbor maintenance trust fund guarantee (1) In general The total budget resources made available from the Harbor Maintenance Trust Fund each fiscal year pursuant to section 9505(c) of the Internal Revenue Code of 1986 (relating to expenditures from the Harbor Maintenance Trust Fund) shall be equal to the level of receipts plus interest credited to the Harbor Maintenance Trust Fund for that fiscal year. Such amounts may be used only for harbor maintenance programs described in section 9505(c) of such Code. (2) Guarantee No funds may be appropriated for harbor maintenance programs described in such section unless the amount described in paragraph (1) has been provided. (b) Definitions In this section, the following definitions apply: (1) Total budget resources The term total budget resources means the total amount made available by appropriations Acts from the Harbor Maintenance Trust Fund for a fiscal year for making expenditures under section 9505(c) of the Internal Revenue Code of 1986. (2) Level of receipts plus interest The term level of receipts plus interest means the level of taxes and interest credited to the Harbor Maintenance Trust Fund under section 9505 of the Internal Revenue Code of 1986 for a fiscal year as set forth in the President’s budget baseline projection as defined in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( Public Law 99–177 ) for that fiscal year submitted pursuant to section 1105 of title 31, United States Code. (c) Enforcement of guarantees It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would cause total budget resources in a fiscal year for harbor maintenance programs described in subsection (b)(1) for such fiscal year to be less than the amount required by subsection (a)(1) for such fiscal year.

https://www.govinfo.gov/content/pkg/BILLS-113hr335ih/xml/BILLS-113hr335ih.xml

113-hr-336

I 113th CONGRESS 1st Session H. R. 336 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Capuano (for himself, Mr. Cleaver , Mr. McNerney , and Ms. Norton ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide penalties for counterfeiting or selling Presidential inauguration tickets, and for other purposes. 1. Selling or counterfeiting Presidential inauguration tickets Chapter 25 of title 18, United States Code, is amended by adding at the end the following: 515. Selling or counterfeiting Presidential inauguration tickets (a) Whoever knowingly— (1) except as provided in subsection (b) transfers for money or property a ticket to a Presidential inaugural ceremony; (2) with intent to defraud, falsely makes, forges, counterfeits, or alters a ticket to a Presidential inaugural ceremony; or (3) with intent to defraud, enters or attempts to enter a Presidential inaugural ceremony with a ticket, knowing that ticket to have been falsely made, forged, counterfeited or altered; shall be fined under this title or imprisoned not more than 6 months, or both. (b) Subsection (a) does not apply to a transfer that occurs after the date on which the Presidential inaugural ceremony for which the ticket was issued takes place. (c) In this section, the term Presidential inaugural ceremony means a public inaugural ceremony at which the President elect or the Vice President elect take the oath or affirmation of office for the office of President of the United States or the office of Vice President of the United States, respectively. . 2. Clerical amendment The table of sections at the beginning of chapter 25 of title 18, United States Code, is amended by adding at the end the following new item: 515. Selling or counterfeiting Presidential inauguration tickets. .

https://www.govinfo.gov/content/pkg/BILLS-113hr336ih/xml/BILLS-113hr336ih.xml

113-hr-337

I 113th CONGRESS 1st Session H. R. 337 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Cooper introduced the following bill; which was referred to the Committee on the Judiciary A BILL To require States to carry out Congressional redistricting in accordance with a process under which members of the public are informed of redistricting proposals and have the opportunity to participate in the development of such proposals prior to their adoption, and for other purposes. 1. Short Title; Finding of Constitutional Authority (a) Short Title This Act may be cited as the Redistricting Transparency Act of 2013 . (b) Finding Congress finds that it has the authority to require States to follow certain procedures in carrying out Congressional redistricting after an apportionment of Members of the House of Representatives because— (1) the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives; and (2) the authority granted to Congress under section 5 of the fourteenth amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number. 2. Requiring Redistricting to be Conducted Under Procedures Providing Opportunity for Public Participation (a) Requirement (1) In general Notwithstanding any other provision of law, any Congressional redistricting conducted by a State shall be conducted in accordance with a process under which the entity responsible for developing Congressional redistricting plans in the State (hereafter in this Act referred to as the State redistricting entity )— (A) in accordance with section 3, establishes and operates an Internet site; (B) in accordance with section 4, provides opportunities for participation by members of the public in the initial development of such plans; (C) in accordance with section 5, provides opportunities for members of the public to respond to the proposed final Congressional redistricting plan; and (D) in accordance with section 6, notifies members of the public regarding the final Congressional redistricting plan adopted for the State. (2) Other procedures permitted Nothing in this Act or the amendments made by this Act may be construed to prohibit a State from conducting Congressional redistricting in accordance with such procedures as the State considers appropriate, to the extent that such procedures are consistent with the applicable requirements of this Act and the amendments made by this Act. (3) No effect on redistricting for State or local elections Nothing in this Act or the amendments made by this Act may be construed to affect any procedures a State or a unit of local government in a State may use to conduct redistricting with respect to elections for State or local offices. (b) Conforming Amendment Section 22(c) of the Act entitled “An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress”, approved June 18, 1929 ( 2 U.S.C. 2a(c) ), is amended by striking “in the manner provided by the law thereof” and inserting: “in a manner consistent with the requirements of the Redistricting Transparency Act of 2013”. 3. Public Internet Site for State Redistricting Entity (a) Establishment and Operation of Site Each State redistricting entity shall establish and maintain a public Internet site which meets the following requirements: (1) The site is updated continuously to provide advance notice of meetings held by the entity and to otherwise provide timely information on the entity’s activities. (2) The site contains the most recent available information from the Bureau of the Census on voting-age population, voter registration, and voting results in the State, including precinct-level and census tract-level data with respect to such information, as well as detailed maps reflecting such information. (3) The site permits any individual to submit comments on any plan proposed by the entity, and to submit questions, comments, and other information with respect to the entity’s activities. (4) The site includes any other information the entity is required to post under this Act. (b) Deadline for Posting of Comments Submitted by Public The State redistricting entity shall ensure that any comment submitted by a member of the public to the site established under this section, including a comment on any plan proposed by the entity or any other person, and any other comment relating to Congressional redistricting in the State, is posted on the site not later than 72 hours after submission. (c) Updating of Information The State redistricting entity shall take all actions necessary to ensure that the site established under this section is updated continuously to provide timely advance notice of the entity’s meetings and to otherwise provide timely information on the entity’s activities. (d) Deadline The State redistricting entity shall establish the site under this section as soon as practicable after the completion of the regular decennial census, but in no case later than the final deadline provided under section 22(b) of the Act entitled “An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress”, approved June 18, 1929 ( 2 U.S.C. 2a ) for the Clerk of the House of Representatives to transmit to the State the notice of the number of Representatives to which the State is entitled in the following Congress. 4. Opportunities for Participation in Initial Development of Congressional Redistricting Plans During the 60-day period which begins on the date the State receives the notice referred to in section 3(d), the State redistricting entity shall solicit the input of members of the public in its work to develop initial Congressional redistricting plans for the State by carrying out the following activities: (1) Publishing and posting on the Internet site established under section 3 the criteria which the entity will use to develop the Congressional redistricting plan for the State. (2) Holding at least one hearing in the State at which members of the public may provide comments on such criteria and any other issues relating to Congressional redistricting in the State. (3) Publishing and posting the transcript of each such hearing, or posting a link to a video recording of each such hearing, on the Internet site not later than 7 days after the conclusion of the hearing. 5. Opportunities to Respond to Proposed Final Congressional Redistricting Plan Adopted by Redistricting Entity (a) Notice of Final Plan Not later than 10 days prior to adopting a final Congressional redistricting plan for the State, the State redistricting entity shall post on the Internet site established under section 3 (and, if practicable, cause to have published in newspapers of general circulation throughout the State) the following information: (1) A detailed version of the proposed final plan, including— (A) a map showing each Congressional district established under the plan; (B) a statement of the voting age population by race and membership in a language minority group of each such district; and (C) a statement of the number of registered voters in each such district, broken down by political party affiliation to the extent that such information is available under State law. (2) A statement explaining the entity’s reasons for adopting the proposed final plan and the reasons why the adoption of the plan will best serve the public interest. (3) Any dissenting statement of any member of the entity who did not approve the proposed final plan. (4) A statement that members of the public may submit comments regarding the proposed final plan through the Internet site, together with information on how members of the public may submit such comments to the entity through other methods. (b) Public Hearing Prior to Adoption of Final Plan Not later than 7 days prior to adopting the final Congressional redistricting plan for the State, the State redistricting entity shall hold at least one hearing in the State at which members of the public may provide comments on the plan and members of the entity may explain the reasons why the adoption of the plan will best serve the public interest. The entity shall publish and post the transcript of each such hearing, or post a link to a video recording of each such hearing, on the Internet site established under section 3. (c) Treatment of Amended and New Plans If, in response to public comment or for any other reason, the State redistricting entity posts an amended version of the proposed final Congressional redistricting plan which is posted on the Internet site under subsection (a) or posts a new proposed final Congressional redistricting plan, subsections (a) and (b) shall apply with respect to the amended version of the plan or the new plan in the same manner as such subsections apply with respect to the proposed final plan which is first posted under subsection (a), except to the extent that the application of such subsections would require the entity to violate a deadline established by State law for the submission of a final Congressional redistricting plan to the State legislature. 6. Notice of Final Adopted Congressional Redistricting Plan Not later than 7 days after the State redistricting entity adopts the final Congressional redistricting plan for the State, the entity shall post on the Internet site established under section 3 (and, if practicable, cause to have published in newspapers of general circulation throughout the State) the following information: (1) A detailed version of the plan, including— (A) a map showing each Congressional district established under the plan; (B) a statement for each such district of the total population and voting age population by race and membership in a language minority group; and (C) a statement of the number of registered voters in each such district, broken down by political party affiliation to the extent that such information is available under State law. (2) To the extent that the State maintains data on the number of registered voters by race and membership in a language minority group, a statement for each such district of the number of registered voters by race and membership in a language minority group. (3) A statement explaining the entity’s reasons for adopting the plan and the reasons why the adoption of the plan will best serve the public interest. (4) Any dissenting statements of any members of the entity who did not approve the plan. 7. Effective Date This Act and the amendments made by this Act shall apply with respect to any Congressional redistricting which occurs after the regular decennial census conducted during 2020.

https://www.govinfo.gov/content/pkg/BILLS-113hr337ih/xml/BILLS-113hr337ih.xml

113-hr-338

I 113th CONGRESS 1st Session H. R. 338 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Faleomavaega (for himself, Mr. Sablan , Ms. Bordallo , and Mr. Pierluisi ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to include certain territories and possessions of the United States in the definition of State for the purposes of chapter 114, relating to trafficking in contraband cigarettes and smokeless tobacco. 1. Short title This Act may be cited as the Stop Tobacco Smuggling in the Territories Act of 2013 . 2. Territories and possessions of the United States included in the definition of State for the purposes of the prohibition against trafficking in contraband cigarettes and smokeless tobacco Paragraph (4) of section 2341 of title 18, United States Code, is amended by striking or the Virgin Islands and inserting the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, or Guam .

https://www.govinfo.gov/content/pkg/BILLS-113hr338ih/xml/BILLS-113hr338ih.xml

113-hr-339

I 113th CONGRESS 1st Session H. R. 339 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Gingrey of Georgia (for himself, Mr. Westmoreland , Mr. Stockman , Mr. Roe of Tennessee , and Mrs. Blackburn ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Bureau of Alcohol, Tobacco, Firearms, and Explosives to make video recordings of the examination and testing of firearms and ammunition, and for other purposes. 1. Short title This Act may be cited as the Fairness in Firearm Testing Act . 2. Video recording of examination and testing of firearms and ammunition by the Bureau of Alcohol, Tobacco, Firearms, and Explosives Section 1111 of the Homeland Security Act of 2002 ( 6 U.S.C. 531 ) is amended by adding at the end the following: (e) Additional responsibilities regarding examination and testing of firearms and ammunition (1) Video recording required The Bureau shall make a video recording of the entire process of the examination and testing by the Bureau of an item for the purpose of determining, pursuant to section 921(a)(3), 922(o), 922(p), or subsection (a)(3), (a)(4), (d), or (e) of section 925 of title 18, United States Code, or section 5845(a) of the Internal Revenue Code of 1986, whether the item is a firearm and if so, the type of firearm, or of determining pursuant to section 921(a)(17) of title 18, United States Code, whether the item is ammunition, and shall not edit or erase any recording made pursuant to this paragraph. (2) Availability (A) To owners On request of a person who claims an ownership interest in an item with respect to which a recording is made under paragraph (1), the Bureau shall make available to the person, without charge, a digital video disc that contains a copy of the recording. (B) To defendants The Bureau shall make available to a defendant in a criminal proceeding involving an item with respect to which a recording is made under paragraph (1) a digital video disc that contains a copy of the recording. (3) Admissibility as evidence An item which the Bureau has determined is a firearm or a type of firearm or ammunition pursuant to any provision of law specified in paragraph (1) shall not be admissible as evidence in any judicial or administrative proceeding unless— (A) the Bureau has complied with paragraph (2) with respect to the item; or (B) such compliance has been waived, in writing, by the person against whom the item is offered as evidence. .

https://www.govinfo.gov/content/pkg/BILLS-113hr339ih/xml/BILLS-113hr339ih.xml

113-hr-340

I 113th CONGRESS 1st Session H. R. 340 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Grijalva (for himself, Mr. Conyers , and Mr. Cummings ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Opportunity Act to restrict institutions of higher education from using revenues derived from Federal educational assistance funds for advertising, marketing, or recruiting purposes. 1. Short title This Act may be cited as the Protecting Financial Aid for Students and Taxpayers Act . 2. Findings Congress finds the following: (1) From 1998 to 2008, enrollment in for-profit institutions of higher education increased by 225 percent, from 553,000 students to 1,800,000 students. (2) On average, 86 percent of revenues at 15 large, publicly traded companies that operate for-profit institutions of higher education came from the Federal Government through student aid programs. (3) In 2009, students who enrolled at for-profit institutions of higher education received $30,000,000,000 in Federal Pell Grants and student loans. (4) Eight out of the 10 top recipients of Post-9/11 Educational Assistance funds are for-profit institutions of higher education. For-profit colleges received 37 percent ($4,400,000,000) of all Post-9/11 Educational Assistance funds during the 2-year period of August 1, 2009 through July 30, 2011. (5) Six of the top 10 military tuition assistance recipients are for-profit institutions of higher education. For-profit colleges received half of all tuition assistance dollars—$280,000,000 out of $563,000,000 spent last year. (6) The 15 companies that received 86 percent of their revenues from Federal student aid programs spent $3,700,000,000 (23 percent of expenditures) on advertising, marketing, and recruitment in fiscal year 2009. (7) According to documents obtained by the Committee on Health, Education, Labor and Pensions of the Senate (referred to in this Act as the HELP Committee ), 30 companies operating for-profit institutions of higher education spent $4,100,000,000 on advertising, marketing, and recruitment in fiscal year 2009. (8) An analysis of 8 publicly traded companies that operate institutions of higher education shows that, on average, they spend 31 percent of expenditures on advertising, marketing, and recruiting. (9) Documents obtained by the HELP Committee reveal that for-profit institutions of higher education have created sophisticated marketing plans and employed many third parties as well as large sales forces specifically tasked with enrolling as many students as possible, including veterans, servicemembers, and their families. (10) In 2010, an undercover investigation by the Government Accountability Office documented misleading and deceptive recruitment practices at each of 15 for-profit institutions of higher education campuses visited. Misleading statements included information regarding the cost of attendance, transferability of credits, loan repayment by future employers, job placement, and likelihood of graduation. (11) Documents produced to the HELP Committee demonstrate that revenue from Federal funds is used to pay recruiters, who, at some for-profit institutions of higher education, are trained to exploit emotional vulnerabilities of prospective students to meet enrollment thresholds. (12) Documents produced to the HELP Committee demonstrate that revenues from Federal funds are used to pay very large sales staff titled enrollment advisors , including 8,137, 5,669 and 3,069 of such individuals at 3 large for-profit companies. (13) The number of enrollment advisors at several for-profit institutions of higher education examined by the HELP Committee are very disproportionate with the number of staff engaged in all student support services, including job placement, which were 3,737, 2,582 and 2,472 at the same 3 for-profit companies. 3. Restrictions on sources of funds for recruiting and marketing activities Section 119 of the Higher Education Opportunity Act ( 20 U.S.C. 1011m ) is amended— (1) in the section heading, by inserting and Restrictions on Sources of Funds for Recruiting and Marketing Activities after Funds ; (2) in subsection (d), by striking subsections (a) through (c) and inserting subsections (a), (b), (c), and (e) ; (3) by redesignating subsection (e) as subsection (f); and (4) by inserting after subsection (d) the following: (e) Restrictions on sources of funds for recruiting and marketing activities (1) In general An institution of higher education, or other postsecondary educational institution, may not use revenues derived from Federal educational assistance funds for recruiting or marketing activities described in paragraph (2). (2) Covered activities Except as provided in paragraph (3), the recruiting and marketing activities subject to paragraph (1) shall include the following: (A) Advertising and promotion activities, including paid announcements in newspapers, magazines, radio, television, billboards, electronic media, naming rights, or any other public medium of communication, including paying for displays or promotions at job fairs, military installations, or college recruiting events. (B) Efforts to identify and attract prospective students, either directly or through a contractor or other third party, including contact concerning a prospective student’s potential enrollment or application for grant, loan, or work assistance under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or participation in preadmission or advising activities, including— (i) paying employees responsible for overseeing enrollment and for contacting potential students in-person, by phone, by email, or by other internet communications regarding enrollment; and (ii) soliciting an individual to provide contact information to an institution of higher education, including websites established for such purpose and funds paid to third parties for such purpose. (C) Such other activities as the Secretary of Education may prescribe, including paying for promotion or sponsorship of education or military-related associations. (3) Exceptions Any activity that is required as a condition of receipt of funds by an institution under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), is specifically authorized under such title, or is otherwise specified by the Secretary of Education, shall not be considered to be a covered activity under paragraph (2). (4) Federal educational assistance funds In this subsection, the term Federal educational assistance funds means funds provided directly to an institution or to a student attending such institution under any of the following provisions of law: (A) Title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ). (B) Chapter 30, 31, 32, 33, 34, or 35 of title 38, United States Code. (C) Chapter 101, 105, 106A, 1606, 1607, or 1608 of title 10, United States Code. (D) Section 1784a, 2005, or 2007 of title 10, United States Code. (E) Title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ). (F) The Adult Education and Family Literacy Act ( 20 U.S.C. 9201 et seq. ). (5) Rule of construction Nothing in this section shall be construed as a limitation on the use by an institution of revenues derived from sources other than Federal educational assistance funds. (6) Reporting Each institution of higher education, or other postsecondary educational institution, that receives revenues derived from Federal educational assistance funds shall report annually to the Secretary and to Congress the institution's expenditures on advertising, marketing, and recruiting. .

https://www.govinfo.gov/content/pkg/BILLS-113hr340ih/xml/BILLS-113hr340ih.xml

113-hr-341

I 113th CONGRESS 1st Session H. R. 341 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Honda (for himself and Mr. Danny K. Davis of Illinois ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To facilitate nationwide availability of volunteer income tax assistance for low-income and underserved populations, and for other purposes. 1. Short title This Act may be cited as the Volunteer Income Tax Assistance (VITA) Act . 2. Findings Congress makes the following findings: (1) Community Volunteer Income Tax Assistance (VITA) programs offer tax preparation and related financial services, free of charge, to middle- and low-income individuals and families. The majority of individuals served by VITA programs have annual household earnings below $40,000. (2) During the 2012 Federal income tax filing season, VITA programs filed 1,600,000 Federal income tax returns and prepared more than 505,000 returns for the earned income tax credit (EITC), helping program recipients claim $2,200,000,000 in Federal tax refunds. One in five taxpayers who were eligible to claim the EITC failed to do so. (3) VITA programs assist underserved taxpayers, including low-wage workers, persons with disabilities, the elderly, Native Americans, rural populations, and taxpayers with limited English proficiency. (4) Volunteer tax preparation programs save the Internal Revenue Service an estimated $5,500,000 a year in return processing costs. In 2012, clients of VITA programs electronically filed their tax returns at a much higher rate (95 percent) than the general population (82 percent). (5) Not only do electronic returns cost the Internal Revenue Service considerably less to process ($0.17 per return) than paper returns ($3.66 per return), but electronic returns also generate a low error rate of 2.5 percent compared with a 25 percent error rate for paper returns. Low error rates reduce the need for the Internal Revenue Service to correspond with taxpayers and for taxpayers to resubmit paperwork. (6) The use of technology in meeting the needs of taxpayers with physical, sensory, or cognitive disabilities is essential to the success of the VITA program, as demonstrated through the expanded use of innovative assistive technology and strategies intended to expand free tax preparation for deaf and hearing impaired taxpayers. These innovative uses of assistive technologies should continue to be replicated and tested to expand capacity of VITA programs in successfully meeting the needs of taxpayers with various disabilities. (7) An Internal Revenue Service survey has shown that very low-income taxpayers are twice as likely as the general population to visit a Taxpayer Assistance Center and half as likely to use the Internal Revenue Service Web site. Volunteer tax preparation programs serve as an accessible and cost-effective alternative to other Internal Revenue Service channels. (8) Internal Revenue Service estimates from fiscal year 2005 found that the volunteer preparation program cost $12.01 per contact, while Taxpayer Assistance Centers and assisted toll-free calls averaged $28.73 and $19.46 per contact, respectively. (9) The number of tax returns prepared by the VITA program increased 220 percent between the 2004 (500,000) and 2012 (1,600,000 returns) tax filing seasons. (10) The demand on this integral community service continues to rise as the nation recovers from the significant economic downturn of recent years and VITA programs are experiencing strained resources and limited capacity. (11) In fiscal year 2013, 333 organizations applied to the Internal Revenue Service seeking more than $27,900,000 in grant funding—more than double the available resources—through the VITA program, and 206 received grants at a median grant of approximately $38,500. 3. Definitions As used in this Act: (1) Qualified return preparation program The term qualified return preparation program means any program— (A) which provides assistance to individuals, not less than 90 percent of whom are low-income taxpayers, in preparing and filing Federal income tax returns, including schedules reporting sole proprietorship or farm income, (B) which is administered by a qualified entity, (C) in which all of the volunteers who assist in the preparation of Federal income tax returns meet the training requirements prescribed by the Secretary, and (D) which uses a quality review process which reviews 100 percent of all returns. (2) Qualified entity (A) In general The term qualified entity means any entity which— (i) is described in subparagraph (B), (ii) is in compliance with Federal tax filing and payment requirements, (iii) is not debarred or suspended from Federal contracts, grants, or cooperative agreements, and (iv) agrees to provide documentation to substantiate any matching funds provided under the VITA grant program. (B) Entity described An entity is described in this subparagraph if such entity is— (i) an institution of higher education which is described in section 102 (other than subsection (a)(1)(C) thereof) of the Higher Education Act of 1965 (20 U.S.C. 1088), as in effect on the date of the enactment of this section, and which has not been disqualified from participating in a program under title IV of such Act, (ii) an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, (iii) a State or local government agency, including— (I) a county or municipal government agency, (II) an Indian tribe, as defined in section 4(12) of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103(12) ), including any tribally designated housing entity (as defined in section 4(21) of such Act (25 U.S.C. 4103(21))), tribal subsidiary, subdivision, or other wholly owned tribal entity, and (III) a State government agency, but only if no other eligible organization is available to assist the targeted population or community, (iv) local, State, regional, or national coalition (with one lead organization which meets the eligibility requirements of clause (i), (ii), or (iii) acting as the applicant organization), or (v) a Cooperative Extension Service office, but only if no other eligible organization is available to assist the targeted population or community. (3) Low-income taxpayers The term low-income taxpayer means a taxpayer who has an income which does not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget. (4) Underserved population The term underserved population includes populations of persons with disabilities, persons with limited English proficiency, Native Americans, individuals living in rural areas, and the elderly. (5) Lead national organization The term lead national organization means an organization described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code which has demonstrated, to the satisfaction of the Secretary— (A) capacity in a minimum of 15 States, territories, or tribal areas, (B) expertise in the provision of tax preparation services to low-income taxpayers and underserved populations, (C) an ability to train program leadership and staff, (D) capacity to disseminate information throughout the United States, and (E) capacity to— (i) maintain a Web site through which information is disseminated in an easily accessible manner, and (ii) to provide technical assistance and training through Web-based technologies. (6) Secretary The term Secretary means the Secretary of the Treasury or the Secretary’s delegate. 4. Grants to facilitate nationwide availability of volunteer income tax assistance for low-income and underserved populations (a) In general The Secretary, through the Internal Revenue Service, shall establish a Community Volunteer Income Tax Assistance Matching Grant Program (hereinafter in this section referred to as the VITA grant program ). Except as otherwise provided in this section, the VITA grant program shall be administered in the same manner as the Community Volunteer Income Tax Assistance matching grants demonstration program established under title I of division D of the Consolidated Appropriations Act, 2008. (b) Matching grants (1) In general The Secretary shall make available grants under the VITA grant program to provide matching funds for the development, expansion, or continuation of qualified return preparation programs assisting low-income taxpayers and members of underserved populations. (2) Application In order to be eligible for a grant under this section, a qualified return preparation program shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require for each fiscal year. (3) Priority In awarding grants under this section, the Secretary shall give priority to applications— (A) demonstrating assistance to low-income taxpayers, with emphasis on outreach to and services for persons with an income at or below 250 percent of the Federal poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget, (B) demonstrating taxpayer outreach and education around available income supports and refundable credits such as the earned income tax credit under section 32 of the Internal Revenue Code of 1986, and (C) demonstrating specific outreach and focus on one or more underserved populations. (4) Use of funds Qualified return preparation programs receiving a grant under this section may use the grant for— (A) ordinary and necessary costs associated with program operation in accordance with Cost Principles Circulars as set forth by the Office of Management and Budget, (B) outreach and educational activities relating to eligibility and availability of income supports available through the Internal Revenue Code of 1986, such as the earned income tax credit, and (C) services related to financial education and capability, asset development, and the establishment of savings accounts in connection with tax return preparation. (5) Duration of grants (A) In general Except as provided in subparagraph (B), a grant awarded under this section shall be for a period of 1 year and shall not be renewed other than through an application under paragraph (2). (B) Extended grants The Secretary may award a grant under this section for a period of not more than 3 years to any qualified return preparation program which— (i) received a grant under this section for the preceding year, and (ii) received a score of 90 percent or better on a technical evaluation. (c) Promotion and referral (1) Promotion The Secretary shall promote the benefits of, and encourage the use of, tax preparation through the Volunteer Income Tax Assistance program through the use of mass communications, referrals, and other means. (2) Internal revenue service referrals The Secretary may refer taxpayers to qualified return preparation programs receiving funding under this section. (3) VITA grantee referral Qualified return preparation programs receiving a grant under this section are encouraged to refer, as appropriate, to local or regional Low Income Tax Clinics individuals who are eligible to receive services at such clinics. (d) Authorization of Appropriations (1) In general For each of fiscal years 2014, 2015, 2016, 2017, and 2018, there are authorized to be appropriated $30,000,000 to carry out the purposes of this section. (2) Reservation From the funds appropriated under paragraph (1) for any fiscal year, the Secretary shall reserve not more than 3 percent for administration of the program. (3) Availability Amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended. 5. National center to promote quality, excellence, and evaluation in volunteer income tax assistance (a) National center To promote quality, excellence, and evaluation in volunteer income tax assistance (1) Establishment There is hereby established the National Center to Promote Quality, Excellence, and Evaluation in Volunteer Income Tax Assistance (hereinafter in this section referred to as the Center ). (2) Purpose The Center shall— (A) promote the adoption of a universally accessible volunteer training platform for the preparation of Federal income tax returns, (B) provide capacity-building technical assistance to qualified return preparation program managers, (C) identify and disseminate best practices related to tax site management emerging from States, community-based organizations, nonprofit providers, and local government entities, (D) support outreach and marketing efforts to encourage the use of qualified return preparation programs receiving funding under section 4, and (E) provide evaluation of programs and activities funded under this Act, including— (i) identification, both in aggregate and disaggregate, of gaps in services for low-income taxpayers and underserved populations, and (ii) independent evaluation of progress toward program objectives, as defined by the Secretary. (3) Administration (A) In general The Secretary shall— (i) designate, through a competitive process, one qualified entity to be the lead national organization, and (ii) provide an annual grant to the lead national organization designated under clause (i). (B) Duties of lead national organization The lead national organization shall use funds provided through the grant in subparagraph (A)(ii) to— (i) carry out the purposes of the Center, and (ii) make subgrants as provided in subsection (b). (b) Subgrants (1) In general The lead national organization shall make available subgrants to eligible organizations to facilitate specialized technical assistance in reaching one or more underserved populations. (2) Eligible organization For purposes of this subsection, the term eligible organization means any organization which— (A) is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, (B) has, to the satisfaction of the lead national organization, demonstrated expertise and evidenced-based practices in specialized outreach to, and service of, one or more underserved populations, and (C) has, to the satisfaction of the lead national organization, demonstrated expertise in the provision of specialized technical assistance relating to qualified return preparation programs for one or more targeted underserved populations. (3) Application In order to be eligible for a subgrant under this subsection, an eligible organization shall submit an application to the lead national organization at such time, in such manner, and containing such information as the lead national organization may reasonably require for each fiscal year. (4) Use of funds An eligible organization which receives a subgrant under this subsection shall assist the Center by— (A) providing technical assistance to qualified return preparation programs with targeted outreach and assistance to one or more underserved populations, and (B) including strategies for the provision of technical assistance targeting individuals and families with annual household earnings at or below 250 percent of the poverty line within the underserved populations served by the subgrant. (5) Subgrant amount (A) In general Each year, the lead national organization shall make available subgrants which, in the aggregate, do not exceed 40 percent of the grant received under subsection (a). (B) Underserved populations Of the amount of subgrants provided under subparagraph (A)— (i) not less than 25 percent shall be dedicated to specialized technical assistance in serving taxpayers with disabilities, (ii) not less than 25 percent shall be dedicated to specialized technical assistance in serving limited English speaking taxpayers, and (iii) not less than 25 percent shall be dedicated to specialized technical assistance in serving Native American taxpayers. (6) Duration of subgrants A subgrant awarded under this subsection shall be for a period of 1 year and shall not be renewed other than through an application under paragraph (3). (c) Authorization of Appropriations (1) In general For each of fiscal years 2014, 2015, 2016, 2017, and 2018, there are authorized to be appropriated $5,000,000 to carry out the purposes of this section. (2) Availability Amounts appropriated pursuant to the authority of paragraph (1) shall remain available without fiscal year limitation until expended.

https://www.govinfo.gov/content/pkg/BILLS-113hr341ih/xml/BILLS-113hr341ih.xml

113-hr-342

I 113th CONGRESS 1st Session H. R. 342 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Hunter (for himself, Mr. Thompson of Pennsylvania , Mr. Franks of Arizona , Mr. Turner , Mr. Jones , Mr. Yoder , Mr. Brady of Pennsylvania , Mr. Conaway , Mrs. Hartzler , Mr. Coble , Mr. Culberson , Mr. Benishek , Mr. Gowdy , Mr. Kinzinger of Illinois , Mr. Rooney , Mr. Nugent , Mr. Westmoreland , Mr. Grimm , Mr. Griffin of Arkansas , Mr. Wilson of South Carolina , Mr. Palazzo , and Mr. Coffman ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prioritize certain Government obligations for continued payment in the event that the statutory debt limit is reached, to appropriate funds for the pay and allowances of all members of the Armed Forces, and for those civilian employees of the Department of Defense and the Coast Guard serving in a combat zone, and for other purposes. 1. Short title This Act may be cited as the Guarantee Paychecks for America’s Military Families Act . 2. Definitions In this section: (1) The term Armed Forces means the Army, Navy, Air Force, Marine Corps, and Coast Guard, including reserve components thereof. (2) The term combat zone has the meaning given that term in section 112(c)(2) of the Internal Revenue Code of 1986. (3) The term contingency operation has the meaning given that term in section 101(a)(13) of title 10, United States Code. (4) The term military personnel accounts mean the military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense, generally title I of an annual Department of Defense appropriations Act, and the corresponding accounts for the Department of Homeland Security used to provide pay and allowances for members of the Coast Guard. (5) The term pay and allowances means basic pay, bonuses and special pay, allowances and any other forms of compensation available for members of the Armed Forces under title 37, United States Code, or otherwise paid from military personnel accounts. (6) The term period of lapsed appropriations means any period during which appropriations are not available due to the absence of the timely enactment of any Act or joint resolution (whether a general appropriations Act or an Act or joint resolution making continuing appropriations) appropriating funds for the payment of the pay and allowances of members of the Armed Forces or civilian employees of the Department of Defense and the Coast Guard. 3. Priority given to payment of certain Government obligations in event debt limit is reached In the event that the debt of the United States Government, as defined in section 3101 of title 31, United States Code, reaches the statutory limit, the following obligations shall take priority over all other obligations incurred by the Government of the United States: (1) The obligation of the Secretary of the Treasury provided in section 3123 of title 31, United States Code, to pay with legal tender the principal and interest on debt held by the public. (2) The obligation of the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to pay members of the Armed Forces the pay and allowances earned under title 37, United States Code, and other compensation paid from the military personnel accounts. (3) The obligations incurred by the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to carry out a contingency operation (as defined in section 101(a)(13) of title 10, United States Code), including the pay earned by civilian employees of the Department of Defense and the Coast Guard serving in a combat zone (as defined in section 112(c)(2) of the Internal Revenue Code of 1986). 4. Permanent appropriation of funds to provide pay and allowances for members of the Armed Forces and certain civilian employees during period of lapsed appropriations For any period of lapsed appropriations, there are appropriated, out of any moneys in the Treasury not otherwise appropriated, to the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) such amounts as may be necessary to allow the Secretary of Defense (and the Secretary of Homeland Security in the case of the Coast Guard) to provide, during the period of lapsed appropriations and without interruption— (1) pay and allowances to members of armed forces, including reserve components thereof, who perform active service during the period of lapsed appropriations; and (2) pay to civilian employees of the Department of Defense and the Coast Guard serving in a combat zone.

https://www.govinfo.gov/content/pkg/BILLS-113hr342ih/xml/BILLS-113hr342ih.xml

113-hr-343

I 113th CONGRESS 1st Session H. R. 343 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Jones introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to ensure that every military chaplain has the prerogative to close a prayer outside of a religious service according to the dictates of the chaplain’s own conscience. 1. Protection of the religious freedom of military chaplains to close a prayer outside of a religious service according to the dictates of the chaplain’s conscience (a) United States Army Section 3547 of title 10, United States Code, is amended by adding at the end the following new subsection: (c) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the dictates of the chaplain’s own conscience. . (b) United States Military Academy Section 4337 of such title is amended— (1) by inserting (a) before There ; and (2) by adding at the end the following new subsection: (b) If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the dictates of the Chaplain’s conscience. . (c) United States Navy and Marine Corps Section 6031 of such title is amended by adding at the end the following new subsection: (d) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the dictates of the chaplain’s own conscience. . (d) United States Air Force Section 8547 of such title is amended by adding at the end the following new subsection: (c) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the dictates of the chaplain’s own conscience. . (e) United States Air Force Academy Section 9337 of such title is amended— (1) by inserting (a) before There ; and (2) by adding at the end the following new subsection: (b) If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the dictates of the Chaplain’s conscience. .

https://www.govinfo.gov/content/pkg/BILLS-113hr343ih/xml/BILLS-113hr343ih.xml

113-hr-344

I 113th CONGRESS 1st Session H. R. 344 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Lynch introduced the following bill; which was referred to the Committee on the Judiciary A BILL To restore the application of the Federal antitrust laws to the business of health insurance to protect competition and consumers. 1. Short title This Act may be cited as the Competitive Health Insurance Act . 2. Restoring the application of antitrust laws to health sector insurers (a) Amendment to McCarran-Ferguson Act Section 3 of the Act of March 9, 1945 (15 U.S.C. 1013), commonly known as the McCarran-Ferguson Act, is amended by adding at the end the following: (c) Nothing contained in this Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance. For purposes of the preceding sentence, the term antitrust laws has the meaning given it in subsection (a) of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition. . (b) Related Provision For purposes of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section applies to unfair methods of competition, section 3(c) of the McCarran-Ferguson Act shall apply with respect to the business of health insurance without regard to whether such business is carried on for profit, notwithstanding the definition of Corporation contained in section 4 of the Federal Trade Commission Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr344ih/xml/BILLS-113hr344ih.xml

113-hr-345

I 113th CONGRESS 1st Session H. R. 345 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend the District of Columbia Home Rule Act to eliminate all federally imposed mandates over the local budget process and financial management of the District of Columbia and the borrowing of money by the District of Columbia. 1. Short Title This Act may be cited as the District of Columbia Budget Autonomy Act of 2013 . 2. Termination of Federal Mandates Over Local Budget Process and Financial Management of District of Columbia (a) Termination of Mandates (1) In general Part D of title IV of the District of Columbia Home Rule Act (sec. 1–204.41 et seq., D.C. Official Code) is amended by adding at the end the following new subpart: 3 Termination of Federal Mandates 458. Termination of Federal Mandates (a) Budget and Financial Management Governed Under District Law Effective with respect to fiscal year 2014 and each succeeding fiscal year which is not a control year— (1) the provisions of subpart 1 and subpart 2 (other than sections 445A, 449, 453(c), and 455) shall not apply; and (2) the process by which the District of Columbia develops and enacts the budget for the District government for a fiscal year, and the activities carried out with respect to the financial management of the District government for a fiscal year, shall be established under such laws as may be enacted by the District (except that nothing in this subsection may be construed to permit the District to waive the application of any other provision of this Act to such budget or such activities for the fiscal year). (b) Special Rule for Determination of Fiscal Year Section 441 (relating to the fiscal year of the District) shall not apply with respect to fiscal year 2014 or any succeeding fiscal year, without regard to whether or not the fiscal year is a control year. (c) No Effect on Existing Obligations Nothing in this section may be construed to relieve the District of Columbia of any contractual or other financial obligations incurred by the District under a budget enacted for a fiscal year prior to fiscal year 2014. (d) No Effect on Other Provisions of Law Nothing in this section may be construed to waive the application of any provision of this Act with respect to the process and activities described in subsection (a)(2) for a fiscal year, other than the provisions which do not apply to the fiscal year pursuant to subsection (a)(1). . (2) Clerical Amendment The table of contents of such Act is amended by adding at the end of the items relating to part D of title IV the following: Subpart 3—Termination of Federal Mandates Sec. 458. Termination of Federal mandates. . (b) Elimination of Congressional Review Period for Budget Acts Section 602(c) of such Act (sec. 1–206.02(c), D.C. Official Code) is amended— (1) in the second sentence of paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (4) ; and (2) by adding at the end the following new paragraph: (4) In the case of any Act adopting the annual budget for the District of Columbia government for fiscal year 2014 or any succeeding fiscal year which is not a control year, such Act shall take effect upon the date prescribed by such Act. . 3. Termination of Federal Mandates Over Borrowing of Money (a) Termination of Mandates (1) In general Part E of title IV of the District of Columbia Home Rule Act (sec. 1–204.61 et seq., D.C. Official Code) is amended by adding at the end the following new subpart: 6 Termination of Federal Mandates 490A. Termination of Federal Mandates (a) Borrowing Governed Under District Law Except as provided in subsection (b), effective with respect to fiscal year 2014 and each succeeding fiscal year which is not a control year— (1) the provisions of subparts 1 through 5 shall not apply; and (2) the process and rules by which the District of Columbia issues bonds or otherwise borrows money shall be established under such laws as may be enacted by the District. (b) Exception for Certain Provisions Subsection (a) does not apply with respect to the following sections: (1) Section 482 (relating to the full faith and credit of the District). (2) Section 484 (relating to the nonapplicability of the full faith and credit of the United States). (3) Section 485 (relating to the tax treatment of bonds and notes). (4) Section 486 (relating to legal investment in bonds and notes). (5) Section 487 (relating to payments for sanitary sewage water works, water pollution projects, and waste treatment services). (6) Section 488 (relating to payments for reservoirs on the Potomac River). (7) Section 489 (relating to contributions to the Washington Metropolitan Area Transit Authority). (c) Rule of Construction Nothing in this section may be construed— (1) to relieve the District of Columbia of any obligation incurred with respect to bonds or other forms of borrowing issued prior to fiscal year 2014; or (2) to waive the application to the District of Columbia of any other Federal law governing the borrowing of funds by States or units of local government, including the Internal Revenue Code of 1986. . (2) Clerical amendment The table of contents of such Act is amended by adding at the end of the items relating to part E of title IV the following: Subpart 6—Termination of Federal Mandates Sec. 490A. Termination of Federal mandates. . (b) Repeal of Cap on Amount of District Borrowing Section 603(b) of such Act (sec. 1–206.03(b), D.C. Official Code) is amended by adding at the end the following new paragraph: (4) Paragraphs (1) through (3) shall not apply with respect to fiscal year 2014 or any succeeding fiscal year which is not a control year. . 4. Repeal of application of federal anti-deficiency act to district of columbia government (a) Repeal of Provisions Relating to Limitations on Appropriations Subchapter III of chapter 13 of title 31, United States Code, is amended by striking or of the District of Columbia government each place it appears in the following sections: (1) Section 1341(a)(1). (2) Section 1342. (3) Section 1349(a). (4) Section 1350. (5) Section 1351. (b) Repeal of Provisions Relating to Apportionment of Appropriations Subchapter II of chapter 15 of such title is amended by striking or of the District of Columbia government each place it appears in the following sections: (1) Section 1517(a). (2) Section 1517(b). (3) Section 1518. (4) Section 1519. (c) Other conforming amendments Such title is further amended as follows: (1) Section 1341 is amended by striking subsection (b). (2) Section 1351 is amended by striking or the Mayor of the District of Columbia, as the case may be, . (3) Section 1513(a) and section 1514(a) are each amended by striking the United States International Trade Commission, or the District of Columbia government and inserting or the United States International Trade Commission . (4) Section 1517(b) is amended by striking or the Mayor of the District of Columbia, as the case may be, . (d) Effective Date The amendments made by this section shall apply with respect to fiscal year 2014 and each succeeding fiscal year. 5. Other conforming amendments to Home Rule Act relating to changes in Federal role in budget process (a) Federal authority over budget-Making process Section 603(a) of the District of Columbia Home Rule Act (sec. 1–206.03, D.C. Official Code) is amended by inserting before the period at the end the following: for a fiscal year which is a control year . (b) Restrictions applicable during control years Section 603(d) of such Act (sec. 1–206.03(d), D.C. Official Code) is amended to read as follows: (d) In the case of a fiscal year which is a control year, the Council may not approve, and the Mayor may not forward to the President, any budget which is not consistent with the financial plan and budget established for the fiscal year under subtitle A of title II of the District of Columbia Financial Responsibility and Management Assistance Act of 1995. . (c) Definition Section 603(f) of such Act (sec. 1–206.03(f), D.C. Official Code) is amended to read as follows: (f) In this section, the term control year has the meaning given such term in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995. . (d) Effective Date The amendments made by this section shall apply with respect to fiscal year 2014 and each succeeding fiscal year. 6. Other conforming amendments relating to Federally authorized adjustments to local appropriations (a) Authority granted by Federal government To increase spending in case of general fund surplus Section 816 of the Financial Services and General Government Appropriations Act, 2009 (sec. 47–369.01, D.C. Official Code), is amended by striking Beginning in fiscal year 2009 and each fiscal year thereafter, and inserting the following: With respect to fiscal years 2009 through 2013 and any fiscal year thereafter which is a control year (as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995), . (b) Authority granted by Federal government To increase spending in case of increased revenue collections Section 817(a) of such Act (sec. 47–369.02(a), D.C. Official Code) is amended by striking Beginning in fiscal year 2009 and each fiscal year thereafter, and inserting the following: With respect to fiscal years 2009 through 2013 and any fiscal year thereafter which is a control year (as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995), . (c) Authority granted by Federal government regarding use of Federally Mandated reserve funds Section 818 of such Act (sec. 47–369.03, D.C. Official Code) is amended by striking Beginning in fiscal year 2009 and each fiscal year thereafter, and inserting the following: With respect to fiscal years 2009 through 2013 and any fiscal year thereafter which is a control year (as defined in section 305(4) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995), .

https://www.govinfo.gov/content/pkg/BILLS-113hr345ih/xml/BILLS-113hr345ih.xml

113-hr-346

I 113th CONGRESS 1st Session H. R. 346 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Nunnelee introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title I of the Patient Protection and Affordable Care Act to ensure that the coverage offered under multi-State qualified health plans offered in Exchanges is consistent with the Federal abortion funding ban. 1. Short title This Act may be cited as the Stop Abortion Funding in Multi-state Exchange Plans Act or SAFE Act . 2. Consistency with Federal abortion funding ban for coverage under multi-State plans in Exchanges (a) In general Paragraph (6) of section 1334(a) of the Patient protection and Affordable Care Act (42 U.S.C. 18054(a)(6)) is amended to read as follows: (6) Consistency with Federal abortion funding ban (A) In general In entering into contracts under this subsection, the Director shall ensure that no multi-State qualified health plan offered in an Exchange provides coverage of abortion. (B) Exception The limitation established in subparagraph (A) shall not apply to an abortion— (i) if the pregnancy is the result of an act of rape or incest; or (ii) in a case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. . (b) Preemption Section 1303(c) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18023(c) ) is amended— (1) in paragraph (1), by striking Nothing in this Act and inserting Subject to paragraph (4), nothing in this Act ; and (2) by adding at the end the following: (4) Application of limitation for multi-State plans Paragraph (6) of section 1334(a) shall preempt any State law requiring coverage of or funding for abortions with respect to the application of such law to multi-State health plans. .

https://www.govinfo.gov/content/pkg/BILLS-113hr346ih/xml/BILLS-113hr346ih.xml

113-hr-347

I 113th CONGRESS 1st Session H. R. 347 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Petri (for himself, Mr. Loebsack , Mr. Michaud , Mr. Hanna , Ms. Norton , Mr. Thompson of Pennsylvania , Ms. Moore , Mr. Grimm , and Ms. Castor of Florida ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide, develop, and support 21st century readiness initiatives that assist students in acquiring the skills necessary to think critically and solve problems, be an effective communicator, collaborate with others, and learn to create and innovate. 1. Short title This Act may be cited as the 21st Century Readiness Act . 2. Findings Congress finds the following: (1) Students must be prepared in core academic subjects. (2) Students must possess the skills to be able to think critically and solve problems, be effective communicators, collaborate with others, and learn to create and innovate. (3) In order for students in the United States to be prepared to succeed in citizenship and workplaces of the present and future, core academic subjects must be fused with critical thinking and problem solving, communication, collaboration, and creativity and innovation skills, as such skills are critical for success in the 21st century. (4) The work of the National Governors Association, along with the Council of Chief State School Officers, in developing a set of voluntary and internationally benchmarked national common standards in mathematics and English that include rigorous content and 21st century skills, is a positive development and should serve as a basis for incorporating those skills and other critical skills throughout other core academic subjects in the future. Federal policy must support State leadership and encourage continued State innovation. 3. College and career readiness statement of purpose Section 1001 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 ) is amended— (1) in paragraph (11), by striking and after the semicolon; (2) in paragraph (12), by striking the period and inserting ; and ; and (3) by adding at the end the following: (13) fusing core academic subject knowledge mastery and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure that students can apply a range of skill competencies alongside content knowledge, and do so in real-world contexts. . 4. Evaluating of college and career readiness Section 1501(a)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6491(a)(2) ) is amended— (1) by redesignating subparagraph (O) as subparagraph (P); and (2) by inserting after subparagraph (N) the following: (O) The extent to which fusing core academic subjects and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure that students can apply a range of skill competencies alongside content knowledge in real-world contexts leads to readiness for postsecondary education and careers. . 5. School reform through 21st century readiness initiatives Section 1606(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6516(a) ) is amended— (1) by striking and at the end of paragraph (10); (2) by redesignating paragraph (11) as paragraph (12); and (3) by inserting after paragraph (10) the following: (11) includes a 21st century readiness initiative designed to fuse core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure students can apply a range of skill competencies alongside content knowledge, and do so in real-world contexts; and . 6. School dropout prevention strategies through 21st century readiness initiatives Section 1822(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6561a(b)(1) ) is amended— (1) in subparagraph (I), by striking and after the semicolon; (2) in subparagraph (J), by striking the period and inserting ; and ; and (3) by adding at the end the following: (K) implementing 21st century readiness initiatives, such as initiatives that fuse core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure students can apply a range of skill competencies alongside content knowledge, and do so in real-world contexts. . 7. High-quality professional development initiatives around 21st century skills Section 2102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6602 ) is amended— (1) by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and (2) by inserting after paragraph (3) the following: (4) High-quality professional development The term high-quality professional development means professional development that incorporates an aligned system of teaching and learning that includes 21st century skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation), standards, curriculum, instruction, and assessments, such as high-quality professional development that— (A) ensures that educators understand the importance of 21st century skills and how best to integrate such skills into daily instruction; (B) enables collaboration among all participants; (C) allows educators to construct their own learning communities; (D) uses expertise within a school or local educational agency through coaching, mentoring, and team teaching; (E) supports educators in their role as facilitators of learning; and (F) uses 21st century skills technology tools. . 8. High-quality professional development application Section 2122(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6622(b) ) is amended by adding at the end the following: (12) A description of how the local educational agency will provide high-quality professional development to enable educators to— (A) deliver instruction on higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts; and (B) use the latest available technology to deliver instruction on higher-order thinking skills. . 9. High-quality professional development training Section 2123(a)(3)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6623(a)(3)(B) ) is amended— (1) in clause (iv), by striking and at the end; (2) in clause (v), by striking the period at the end and adding ; and ; and (3) by adding at the end the following: (vi) provide training on how to deliver instruction on higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) so that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts, which may include effectively integrating technology into curricula and instruction. . 10. Expanded 21st century community learning center activities Section 4205(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7175(a) ) is amended— (1) in paragraph (11), by striking and at the end; (2) in paragraph (12), by striking the period at the end and adding ; and ; and (3) by adding at the end the following: (13) initiatives that allow students to apply a range of skill competencies (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) alongside core academic subjects, and do so in real-world contexts, which may include effectively using technology to improve student achievement. . 11. 21st century readiness assessments Section 6111(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7301(2)) is amended by adding at the end the following: (I) Developing or improving assessments that use technology to measure core academic subject knowledge and higher-order thinking skills (such as critical thinking and problem solving, communication, collaboration, creativity, and innovation) to ensure that students can apply a range of skill competencies alongside core academic subject knowledge, and do so in real-world contexts. . 12. 21St century readiness initiative definition Section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) is amended— (1) by redesignating paragraphs (1) through (43) as paragraphs (2) through (44), respectively; and (2) by inserting before paragraph (2), the following: (1) 21st century readiness initiative The term 21st century readiness initiative means any initiative that— (A) embeds core academic subjects with critical skills; and (B) is focused on ensuring that students are prepared for postsecondary education and careers, upon graduation from secondary school. .

https://www.govinfo.gov/content/pkg/BILLS-113hr347ih/xml/BILLS-113hr347ih.xml

113-hr-348

I 113th CONGRESS 1st Session H. R. 348 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Rangel (for himself, Mr. Van Hollen , Mr. Blumenauer , and Mr. McDermott ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 and the Social Security Act to provide for employment tax treatment of professional service businesses. 1. Short title This Act may be cited as the Narrowing Exceptions for Withholding Taxes Act of 2013 . 2. Employment tax treatment of professional service businesses (a) In general Section 1402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (m) Special rules for professional service businesses (1) Shareholders providing services to disqualified S corporations (A) In general In the case of any disqualified S corporation, each shareholder of such disqualified S corporation who provides substantial services with respect to the professional service business referred to in subparagraph (C) shall take into account such shareholder’s pro rata share of all items of income or loss described in section 1366 which are attributable to such business in determining the shareholder’s net earnings from self-employment. (B) Treatment of family members Except as otherwise provided by the Secretary, the shareholder’s pro rata share of items referred to in subparagraph (A) shall be increased by the pro rata share of such items of each member of such shareholder’s family (within the meaning of section 318(a)(1)) who does not provide substantial services with respect to such professional service business. (C) Disqualified S corporation For purposes of this subsection, the term disqualified S corporation means— (i) any S corporation which is a partner in a partnership which is engaged in a professional service business if substantially all of the activities of such S corporation are performed in connection with such partnership, and (ii) any other S corporation which is engaged in a professional service business if the principal asset of such business is the reputation and skill of 3 or fewer employees. (2) Partners In the case of any partnership which is engaged in a professional service business, subsection (a)(13) shall not apply to any partner who provides substantial services with respect to such professional service business. (3) Professional service business For purposes of this subsection, the term professional service business means any trade or business if substantially all of the activities of such trade or business involve providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services. (4) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations which prevent the avoidance of the purposes of this subsection through tiered entities or otherwise. (5) Cross reference For employment tax treatment of wages paid to shareholders of S corporations, see subtitle C. . (b) Conforming amendment Section 211 of the Social Security Act is amended by adding at the end the following new subsection: (l) Special rules for professional service businesses (1) Shareholders providing services to disqualified S corporations (A) In general In the case of any disqualified S corporation, each shareholder of such disqualified S corporation who provides substantial services with respect to the professional service business referred to in subparagraph (C) shall take into account such shareholder’s pro rata share of all items of income or loss described in section 1366 of the Internal Revenue Code of 1986 which are attributable to such business in determining the shareholder’s net earnings from self-employment. (B) Treatment of family members Except as otherwise provided by the Secretary of the Treasury, the shareholder’s pro rata share of items referred to in subparagraph (A) shall be increased by the pro rata share of such items of each member of such shareholder’s family (within the meaning of section 318(a)(1) of the Internal Revenue Code of 1986) who does not provide substantial services with respect to such professional service business. (C) Disqualified S corporation For purposes of this subsection, the term disqualified S corporation means— (i) any S corporation which is a partner in a partnership which is engaged in a professional service business if substantially all of the activities of such S corporation are performed in connection with such partnership, and (ii) any other S corporation which is engaged in a professional service business if the principal asset of such business is the reputation and skill of 3 or fewer employees. (2) Partners In the case of any partnership which is engaged in a professional service business, subsection (a)(12) shall not apply to any partner who provides substantial services with respect to such professional service business. (3) Professional service business For purposes of this subsection, the term professional service business means any trade or business if substantially all of the activities of such trade or business involve providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr348ih/xml/BILLS-113hr348ih.xml

113-hr-349

I 113th CONGRESS 1st Session H. R. 349 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mrs. Roby (for herself, Mr. Bonner , Mr. Bachus , and Ms. Sewell of Alabama ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Food Security Act of 1985 with respect to maximum enrollment and eligible land in the conservation reserve program. 1. Short title This Act may be cited as the Preserving Marginal Lands and Protecting Farming Act of 2013 . 2. Maximum enrollment Section 1231(d) of the Food Security Act of 1985 ( 16 U.S.C. 3831(d) ) is amended to read as follows: (d) Maximum enrollment The Secretary may maintain in the conservation reserve at any 1 time, not more than— (1) during fiscal year 2013, 29,000,000 acres; (2) during fiscal year 2014, 26,000,000 acres; and (3) during each of fiscal years 2015 through 2018, 24,000,000 acres. . 3. Ineligible land Section 1231 of the Food Security Act of 1985 ( 16 U.S.C. 3831 ) is amended by adding at the end the following new subsection: (j) Ineligible land Notwithstanding any other provision of this section, after the date of enactment of this subsection, the Secretary may not enroll land in the conservation reserve that is classified as class I or class II land under the land capability classification system published in the National Soil Survey Handbook of the Natural Resources Conservation Service, unless such land is enrolled as a buffer, filterstrip, or strip adjacent to a riparian area. . 4. Contract requirements (a) Early termination by owner or operator Section 1235(e) of the Food Security Act of 1985 ( 16 U.S.C. 3835(e) ) is amended— (1) in paragraph (1)(A)— (A) by striking The Secretary and inserting During fiscal year 2014, the Secretary ; and (B) by striking before January 1, 1995, ; (2) in paragraph (2), by striking subparagraph (C) and inserting the following: (C) Land devoted to hardwood trees. (D) Wildlife habitat, duck nesting habitat, pollinator habitat, upland bird habitat buffer, wildlife food plots, State acres for wildlife enhancement, shallow water areas for wildlife, and rare and declining habitat. (E) Farmable wetland and restored wetland. (F) Land that contains diversions, erosion control structures, flood control structures, contour grass strips, living snow fences, salinity reducing vegetation, cross wind trap strips, and sediment retention structures. (G) Land located within a federally-designated wellhead protection area. (H) Land that is covered by an easement under the conservation reserve program. (I) Land located within an average width, according to the applicable Natural Resources Conservation Service field office technical guide, of a perennial stream or permanent water body. ; and (3) in paragraph (3), by striking 60 days after the date on which the owner or operator submits the notice required under paragraph (1)(C) and inserting upon approval by the Secretary . (b) Transition option for certain farmers or ranchers Section 1235(f) of the Food Security Act of 1985 ( 16 U.S.C. 3835(f) ) is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking Duties and all that follows through a beginning farmer and inserting Transition to covered farmer or rancher.— In the case of a contract modification approved in order to facilitate the transfer of land subject to a contract from a retired farmer or rancher to a beginning farmer ; (B) in subparagraph (A)(i), by inserting , including preparing to plant an agricultural crop after improvements ; (C) in subparagraph (D), by striking the farmer or rancher and inserting the covered farmer or rancher ; and (D) in subparagraph (E), by striking section 1001A(b)(3)(B) and inserting section 1001(a) ; and (2) in paragraph (2), by striking requirement of section 1231(h)(4)(B) and inserting option pursuant to section 1231(h) . (c) Final year contract Section 1235 of the Food Security Act of 1985 (16 U.S.C. 3835) is amended by adding at the end the following new subsection: (g) Final year of contract The Secretary shall not consider an owner or operator to be in violation of a term or condition of the conservation reserve contract if— (1) during the year prior to expiration of the contract, the land is enrolled in the conservation stewardship program; and (2) the activity required under the conservation stewardship program pursuant to such enrollment is consistent with this subchapter. .

https://www.govinfo.gov/content/pkg/BILLS-113hr349ih/xml/BILLS-113hr349ih.xml

113-hr-350

I 113th CONGRESS 1st Session H. R. 350 IN THE HOUSE OF REPRESENTATIVES January 22, 2013 Mr. Austin Scott of Georgia (for himself, Mr. Westmoreland , Mr. Duncan of South Carolina , and Mr. Mulvaney ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To repeal the Legal Services Corporation Act. That the Legal Services Corporation Act is repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr350ih/xml/BILLS-113hr350ih.xml

113-hr-351

I 113th CONGRESS 1st Session H. R. 351 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Roe of Tennessee (for himself, Ms. Schwartz , Mr. Benishek , Mr. Bilirakis , Mr. Bishop of New York , Mr. Bishop of Utah , Mrs. Black , Mrs. Blackburn , Mr. Boustany , Mr. Buchanan , Mr. Bucshon , Mr. Burgess , Mrs. Capito , Mr. Cassidy , Mr. Chabot , Mrs. Christensen , Mr. Courtney , Mr. Cramer , Mr. Culberson , Mr. Daines , Mr. Denham , Mr. Dent , Mr. DesJarlais , Mr. Duncan of Tennessee , Mr. Fincher , Mr. Fitzpatrick , Mr. Fleming , Mr. Franks of Arizona , Mr. Gerlach , Mr. Gibbs , Mr. Gingrey of Georgia , Mr. Gosar , Mr. Gowdy , Mr. Griffin of Arkansas , Mr. Griffith of Virginia , Mr. Guthrie , Mr. Hanna , Mr. Harper , Mr. Harris , Mrs. Hartzler , Mr. Heck of Nevada , Mr. Huelskamp , Mr. Johnson of Ohio , Mr. Jones , Mr. Lamborn , Mr. Lance , Mr. Latham , Ms. Linda T. Sánchez of California , Mr. Long , Mr. Luetkemeyer , Mr. Matheson , Mr. McKinley , Mr. Meehan , Mr. Miller of Florida , Mr. Mulvaney , Mr. Murphy of Pennsylvania , Mr. Nugent , Mr. Olson , Mr. Palazzo , Mr. Pearce , Mr. Petri , Mr. Poe of Texas , Mr. Pompeo , Mr. Posey , Mr. Price of Georgia , Mr. Reed , Mrs. Roby , Mr. Rogers of Michigan , Mr. Rokita , Mr. Roskam , Mr. Schock , Mr. Shimkus , Mr. Simpson , Mr. Smith of Texas , Mr. Thompson of Pennsylvania , Mr. Thornberry , Mr. Tiberi , Mr. Walberg , Mr. Walden , Mr. Webster of Florida , Mr. Wenstrup , Mr. Westmoreland , Mr. Wilson of South Carolina , Mr. Womack , and Mr. Young of Florida ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Energy and Commerce and Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal the provisions of the Patient Protection and Affordable Care Act providing for the Independent Payment Advisory Board. 1. Short title This Act may be cited as the Protecting Seniors’ Access to Medicare Act of 2013 . 2. Repeal of the Independent Payment Advisory Board Effective as of the enactment of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), sections 3403 and 10320 of such Act (including the amendments made by such sections) are repealed, and any provision of law amended by such sections is hereby restored as if such sections had not been enacted into law.

https://www.govinfo.gov/content/pkg/BILLS-113hr351ih/xml/BILLS-113hr351ih.xml

113-hr-352

I 113th CONGRESS 1st Session H. R. 352 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Goodlatte (for himself, Mr. Thornberry , Mr. Duncan of Tennessee , Mr. Griffith of Virginia , Mr. McIntyre , Mr. Coffman , Mr. Westmoreland , Mr. Burgess , Mr. Sensenbrenner , Mr. Simpson , Mr. Bachus , Mr. Wittman , Mr. Broun of Georgia , Mr. Bishop of Utah , Mrs. McMorris Rodgers , Mr. Scalise , Mr. Luetkemeyer , Mr. Forbes , Mr. Long , Mr. Hastings of Washington , Mr. McKeon , Mr. Issa , Mr. Lucas , Mr. Upton , Mr. Walden , Mr. Miller of Florida , Mr. Kline , Mr. McCarthy of California , Mr. Rogers of Michigan , Mr. McHenry , Mr. King of Iowa , Mr. Johnson of Ohio , Mr. Posey , Mr. Lamborn , Mr. Rogers of Kentucky , Mr. Kingston , Mr. Jordan , Mr. Bonner , Mr. Pitts , Mr. Campbell , Mr. Carter , Mr. Fleming , Mr. Mica , Mr. Shimkus , Mr. Calvert , Mr. Marchant , Mr. Brady of Texas , Mr. Terry , Mr. Gohmert , Mrs. Blackburn , Mr. Conaway , Mrs. Bachmann , Mr. Rogers of Alabama , Mr. Gingrey of Georgia , Mr. Roe of Tennessee , Mr. Neugebauer , Mr. Woodall , Mr. Hurt , Mr. Latta , Mr. Garrett , Mr. Walberg , Mr. Latham , Mr. McClintock , Mr. Price of Georgia , Mr. Franks of Arizona , Mr. Weber of Texas , Mr. Amodei , Mr. Benishek , and Mr. Boustany ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To terminate the Internal Revenue Code of 1986. 1. Short title This Act may be cited as the Tax Code Termination Act . 2. Termination of Internal Revenue Code of 1986 (a) In General No tax shall be imposed by the Internal Revenue Code of 1986— (1) for any taxable year beginning after December 31, 2017; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2017. (b) Exception Subsection (a) shall not apply to taxes imposed by— (1) chapter 2 of such Code (relating to tax on self-employment income); (2) chapter 21 of such Code (relating to Federal Insurance Contributions Act ); and (3) chapter 22 of such Code (relating to Railroad Retirement Tax Act ). 3. New Federal tax system (a) Structure The Congress hereby declares that any new Federal tax system should be a simple and fair system that— (1) applies a low rate to all Americans; (2) provides tax relief for working Americans; (3) protects the rights of taxpayers and reduces tax collection abuses; (4) eliminates the bias against savings and investment; (5) promotes economic growth and job creation; and (6) does not penalize marriage or families. (b) Timing of implementation In order to ensure an easy transition and effective implementation, the Congress hereby declares that any new Federal tax system should be approved by Congress in its final form no later than July 4, 2017. 4. Delay of termination dates (a) Two-Thirds majority required In the House of Representatives or the Senate, a bill or joint resolution, amendment, or conference report carrying a change of the dates specified in section 2(a) of this Act may not be considered as passed or agreed to unless so determined by a vote of not less than two-thirds of the Members voting, a quorum being present. (b) Rules of the Senate and House The provisions of subsection (a) are enacted by the Congress as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith.

https://www.govinfo.gov/content/pkg/BILLS-113hr352ih/xml/BILLS-113hr352ih.xml