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113-hr-353

I 113th CONGRESS 1st Session H. R. 353 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Dent introduced the following bill; which was referred to the Committee on Ways and Means A BILL To require the Secretary of the Treasury to implement a program to prevent the fraudulent use of taxpayer identification numbers of residents of United States territories and possessions to be used to obtain a credit or refund on tax returns filed with the United States. 1. Program to prevent fraudulent use of taxpayer identification numbers of residents of territories and possessions The Secretary of the Treasury shall, in coordination with the territories and possessions of the United States, implement a program to prevent the fraudulent use of taxpayer identification numbers of residents of such territories and possessions to obtain a refund or credit against any tax imposed by the Internal Revenue Code of 1986. Such program shall include a comparison of all income tax returns filed with the United States and any territory or possession of the United States, under the same taxpayer identification number.

https://www.govinfo.gov/content/pkg/BILLS-113hr353ih/xml/BILLS-113hr353ih.xml

113-hr-354

I 113th CONGRESS 1st Session H. R. 354 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Poe of Texas (for himself and Mrs. Carolyn B. Maloney of New York ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the DNA Analysis Backlog Elimination Act of 2000 to provide for Debbie Smith grants for auditing sexual assault evidence backlogs and to establish a Sexual Assault Forensic Evidence Reporting System, and for other purposes. 1. Short title This Act may be cited as the Sexual Assault Forensic Evidence Reporting Act of 2013 or the SAFER Act of 2013 . 2. Debbie Smith grants for auditing sexual assault evidence backlogs Section 2 of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135 ) is amended— (1) in subsection (a), by adding at the end the following new paragraphs: (7) To conduct an audit consistent with subsection (n) of the samples of sexual assault evidence that are in the possession of the State or unit of local government and are awaiting testing. (8) To ensure that the collection and processing of DNA evidence by law enforcement agencies from crimes, including sexual assault and other violent crimes against persons, is carried out in an appropriate and timely manner and in accordance with the protocols and practices developed under subsection (o)(1). ; (2) in subsection (c), by adding at the end the following new paragraph: (4) Allocation of grant awards for audits For each of fiscal years 2014 through 2017, not less than 5 percent, but not more than 7 percent, of the grant amounts distributed under paragraph (1) shall, if sufficient applications to justify such amounts are received by the Attorney General, be awarded for purposes described in subsection (a)(7), provided that none of the funds required to be distributed under this paragraph shall decrease or otherwise limit the availability of funds required to be awarded to States or units of local government under paragraph (3). ; and (3) by adding at the end the following new subsections: (n) Use of Funds for Auditing Sexual Assault Evidence Backlogs (1) Eligibility The Attorney General may award a grant under this section to a State or unit of local government for the purpose described in subsection (a)(7) only if the State or unit of local government— (A) submits a plan for performing the audit of samples described in such subsection; and (B) includes in such plan a good-faith estimate of the number of such samples. (2) Grant conditions A State or unit of local government receiving a grant for the purpose described in subsection (a)(7)— (A) may not enter into any contract or agreement with any non-governmental vendor laboratory to conduct an audit described in subsection (a)(7); and (B) shall— (i) not later than 1 year after receiving the grant, complete the audit referred to in paragraph (1)(A) in accordance with the plan submitted under such paragraph; (ii) not later than 60 days after receiving possession of a sample of sexual assault evidence that was not in the possession of the State or unit of local government at the time of the initiation of an audit under paragraph (1)(A), subject to paragraph (4)(F), include in any required reports under clause (v), the information listed under paragraph (4)(B); (iii) for each sample of sexual assault evidence that is identified as awaiting testing as part of the audit referred to in paragraph (1)(A)— (I) assign a unique numeric or alphanumeric identifier to each sample of sexual assault evidence that is in the possession of the State or unit of local government and is awaiting testing; and (II) identify the date or dates after which the State or unit of local government would be barred by any applicable statutes of limitations from prosecuting a perpetrator of the sexual assault to which the sample relates; (iv) provide that— (I) the chief law enforcement officer of the State or unit of local government, respectively, is the individual responsible for the compliance of the State or unit of local government, respectively, with the reporting requirements described in clause (v); or (II) the designee of such officer may fulfill the responsibility described in subclause (I) so long as such designee is an employee of the State or unit of local government, respectively, and is not an employee of any governmental laboratory or non-governmental vendor laboratory; and (v) comply with all grantee reporting requirements described in paragraph (4). (3) Extension of initial deadline The Attorney General may grant an extension of the deadline under paragraph (2)(B)(i) to a State or unit of local government that demonstrates that more time is required for compliance with such paragraph. (4) Sexual assault forensic evidence reports (A) In general For not less than 12 months after the completion of an initial count of sexual assault evidence that is awaiting testing during an audit referred to in paragraph (1)(A), a State or unit of local government that receives a grant award under subsection (a)(7) shall, not less than every 60 days, submit a report to the Department of Justice, on a form prescribed by the Attorney General, which shall contain the information required under subparagraph (B). (B) Contents of reports A report under this paragraph shall contain the following information— (i) the name of the State or unit of local government filing the report; (ii) the period of dates covered by the report; (iii) the cumulative total number of samples of sexual assault evidence that, at the end of the reporting period— (I) are in the possession of the State or unit of local government at the reporting period; (II) are awaiting testing; and (III) the State or unit of local government has determined should undergo DNA or other appropriate forensic analyses; (iv) the cumulative total number of samples of sexual assault evidence in the possession of the State or unit of local government that, at the end of the reporting period, the State or unit of local government has determined should not undergo DNA or other appropriate forensic analyses, provided that the reporting form shall allow for the State or unit of local government, at its sole discretion, to explain the reasoning for this determination in some or all cases; (v) the cumulative total number of samples of sexual assault evidence in a total under clause (iii) that have been submitted to a laboratory for DNA or other appropriate forensic analyses; (vi) the cumulative total number of samples of sexual assault evidence identified by an audit referred to in paragraph (1)(A) or under paragraph (2)(B)(ii) for which DNA or other appropriate forensic analysis has been completed at the end of the reporting period; (vii) the total number of samples of sexual assault evidence identified by the State or unit of local government under paragraph (2)(B)(ii), since the previous reporting period; and (viii) the cumulative total number of samples of sexual assault evidence described under clause (iii) for which the State or unit of local government will be barred within 12 months by any applicable statute of limitations from prosecuting a perpetrator of the sexual assault to which the sample relates. (C) Publication of reports Not later than 7 days after the submission of a report under this paragraph by a State or unit of local government, the Attorney General shall, subject to subparagraph (D), publish and disseminate a facsimile of the full contents of such report on an appropriate internet website. (D) Personally identifiable information The Attorney General shall ensure that any information published and disseminated as part of a report under this paragraph, which reports information under this subsection, does not include personally identifiable information or details about a sexual assault that might lead to the identification of the individuals involved. (E) Optional reporting The Attorney General shall— (i) at the discretion of a State or unit of local government required to file a report under subparagraph (A), allow such State or unit of local government, at their sole discretion, to submit such reports on a more frequent basis; and (ii) make available to all States and units of local government the reporting form created pursuant to subparagraph (A), whether or not they are required to submit such reports, and allow such States or units of local government, at their sole discretion, to submit such reports for publication. (F) Samples exempt from reporting requirement The reporting requirements described in paragraph (2) shall not apply to a sample of sexual assault evidence that— (i) is not considered criminal evidence (such as a sample collected anonymously from a victim who is unwilling to make a criminal complaint); or (ii) relates to a sexual assault for which the prosecution of each perpetrator is barred by a statute of limitations. (5) Definitions In this subsection: (A) Awaiting testing The term awaiting testing means, with respect to a sample of sexual assault evidence, that— (i) the sample has been collected and is in the possession of a State or unit of local government; (ii) DNA and other appropriate forensic analyses have not been performed on such sample; and (iii) the sample is related to a criminal case or investigation in which final disposition has not yet been reached. (B) Final disposition The term final disposition means, with respect to a criminal case or investigation to which a sample of sexual assault evidence relates— (i) the conviction or acquittal of all suspected perpetrators of the crime involved; (ii) a determination by the State or unit of local government in possession of the sample that the case is unfounded; or (iii) a declaration by the victim of the crime involved that the act constituting the basis of the crime was not committed. (C) Possession (i) In general The term possession , used with respect to possession of a sample of sexual assault evidence by a State or unit of local government, includes possession by an individual who is acting as an agent of the State or unit of local government for the collection of the sample. (ii) Rule of construction Nothing in clause (i) shall be construed to create or amend any Federal rights or privileges for non-governmental vendor laboratories described in regulations promulgated under section 210303 of the DNA Identification Act of 1994 ( 42 U.S.C. 14131 ). (o) Establishment of protocols, technical assistance, and definitions (1) Protocols and practices Not later than 18 months after the date of enactment of the SAFER Act of 2013 , the Director, in consultation with Federal, State, and local law enforcement agencies and government laboratories, shall develop and publish a description of protocols and practices the Director considers appropriate for the accurate, timely, and effective collection and processing of DNA evidence, including protocols and practices specific to sexual assault cases, which shall address appropriate steps in the investigation of cases that might involve DNA evidence, including— (A) how to determine— (i) which evidence is to be collected by law enforcement personnel and forwarded for testing; (ii) the preferred order in which evidence from the same case is to be tested; and (iii) what information to take into account when establishing the order in which evidence from different cases is to be tested; (B) the establishment of a reasonable period of time in which evidence is to be forwarded by emergency response providers, law enforcement personnel, and prosecutors to a laboratory for testing; (C) the establishment of reasonable periods of time in which each stage of analytical laboratory testing is to be completed; (D) systems to encourage communication within a State or unit of local government among emergency response providers, law enforcement personnel, prosecutors, courts, defense counsel, crime laboratory personnel, and crime victims regarding the status of crime scene evidence to be tested; and (E) standards for conducting the audit of the backlog for DNA case work in sexual assault cases required under subsection (n). (2) Technical assistance and training The Director shall make available technical assistance and training to support States and units of local government in adopting and implementing the protocols and practices developed under paragraph (1) on and after the date on which the protocols and practices are published. (3) Definitions In this subsection, the terms awaiting testing and possession have the meanings given those terms in subsection (n). . 3. Reports to congress Not later than 90 days after the end of each fiscal year for which a grant is made for the purpose described in section 2(a)(7) of the DNA Analysis Backlog Elimination Act of 2000, as amended by section 2, the Attorney General shall submit to Congress a report that— (1) lists the States and units of local government that have been awarded such grants and the amount of the grant received by each such State or unit of local government; (2) states the number of extensions granted by the Attorney General under section 2(n)(3) of the DNA Analysis Backlog Elimination Act of 2000, as added by section 2; and (3) summarizes the processing status of the samples of sexual assault evidence identified in Sexual Assault Forensic Evidence Reports established under section 2(n)(4) of the DNA Analysis Backlog Elimination Act of 2000, including the number of samples that have not been tested. 4. Reducing the rape kit backlog Section 2(c)(3) of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135(c)(3) ) is amended— (a) in subparagraph (B), by striking 2014 and inserting 2018 ; and (b) by adding at the end the following: (C) For each of fiscal years 2014 through 2018, not less than 75 percent of the total grant amounts shall be awarded for a combination of purposes under paragraphs (1), (2), and (3) of subsection (a). . 5. Oversight and accountability All grants awarded by the Department of Justice that are authorized under the SAFER Act of 2013 shall be subject to the following: (1) Audit requirement Beginning in fiscal year 2013, and each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this Act to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. (2) Mandatory exclusion A recipient of grant funds under this Act that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this Act during the 2 fiscal years beginning after the 12-month period described in paragraph (5). (3) Priority In awarding grants under this Act, the Attorney General shall give priority to eligible entities that, during the 3 fiscal years before submitting an application for a grant under this Act, did not have an unresolved audit finding showing a violation in the terms or conditions of a Department of Justice grant program. (4) Reimbursement If an entity is awarded grant funds under this Act during the 2-fiscal-year period in which the entity is barred from receiving grants under paragraph (2), the Attorney General shall— (A) deposit an amount equal to the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and (B) seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds. (5) Defined term In this section, the term unresolved audit finding means an audit report finding in the final audit report of the Inspector General of the Department of Justice that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within a 12-month period beginning on the date when the final audit report is issued. (6) Nonprofit organization requirements (A) Definition For purposes of this section and the grant programs described in this Act, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. (B) Prohibition The Attorney General shall not award a grant under any grant program described in this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986. (C) Disclosure Each nonprofit organization that is awarded a grant under a grant program described in this Act and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subsection available for public inspection. (7) Administrative expenses Unless otherwise explicitly provided in authorizing legislation, not more than 7.5 percent of the amounts authorized to be appropriated under this Act may be used by the Attorney General for salaries and administrative expenses of the Department of Justice. (8) Conference expenditures (A) Limitation No amounts authorized to be appropriated to the Department of Justice under this Act may be used by the Attorney General or by any individual or organization awarded discretionary funds through a cooperative agreement under this Act, to host or support any expenditure for conferences that uses more than $20,000 in Department funds, unless the Deputy Attorney General or the appropriate Assistant Attorney General, Director, or principal deputy as the Deputy Attorney General may designate, provides prior written authorization that the funds may be expended to host a conference. (B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food and beverages, audio/visual equipment, honoraria for speakers, and any entertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved by operation of this paragraph. (9) Prohibition on lobbying activity (A) In general Amounts authorized to be appropriated under this Act may not be utilized by any grant recipient to— (i) lobby any representative of the Department of Justice regarding the award of grant funding; or (ii) lobby any representative of a Federal, State, local, or tribal government regarding the award of grant funding. (B) Penalty If the Attorney General determines that any recipient of a grant under this Act has violated subparagraph (A), the Attorney General shall— (i) require the grant recipient to repay the grant in full; and (ii) prohibit the grant recipient from receiving another grant under this Act for not less than 5 years. 6. Sunset Effective on December 31, 2018, subsections (a)(7) and (n) of section 2 of the DNA Analysis Backlog Elimination Act of 2000 ( 42 U.S.C. 14135(a)(7) and (n)) are repealed.

https://www.govinfo.gov/content/pkg/BILLS-113hr354ih/xml/BILLS-113hr354ih.xml

113-hr-355

I 113th CONGRESS 1st Session H. R. 355 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Crawford introduced the following bill; which was referred to the Committee on Ways and Means A BILL To increase the statutory limit on the public debt only upon the certification by the President of the submission to the States for their ratification of the proposed amendment to the Constitution of the United States to balance the Federal Budget or limit Federal spending. 1. Public debt limit extension Subsection (b) of section 3101 of title 31, United States Code, is amended by striking out the dollar limitation contained in such subsection and inserting $16,994,000,000,000 upon the certification by the President of the submission to the States for their ratification of the proposed amendment to the Constitution of the United States described in section 2. 2. Effective date The amendment made by section 1 shall not take effect unless and until the date upon which the President certifies the Archivist of the United States has submitted to the States for their ratification a proposed amendment to the Constitution of the United States pursuant to a joint resolution entitled Joint resolution proposing a balanced budget amendment to the Constitution of the United States , Joint resolution proposing a spending limit amendment to the Constitution of the United States , or Joint resolution proposing an amendment to the Constitution of the United States to restrict the power of Congress to enact legislation increasing any amount spent under entitlement programs or creating new entitlement programs .

https://www.govinfo.gov/content/pkg/BILLS-113hr355ih/xml/BILLS-113hr355ih.xml

113-hr-356

I 113th CONGRESS 1st Session H. R. 356 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Bishop of Utah (for himself, Mr. Matheson , Mr. Chaffetz , and Mr. Stewart ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To clarify authority granted under the Act entitled An Act to define the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah, and for other purposes . 1. Short title This Act may be cited as the Hill Creek Cultural Preservation and Energy Development Act . 2. Clarification of authority The Act entitled An Act to define the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah, and for other purposes , approved March 11, 1948 (62 Stat. 72), as amended by the Act entitled An Act to amend the Act extending the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah so as to authorize such State to exchange certain mineral lands for other lands mineral in character approved August 9, 1955, (69 Stat. 544), is further amended by adding at the end the following: 5. In order to further clarify authorizations under this Act, the State of Utah is hereby authorized to relinquish to the United States, for the benefit of the Ute Indian Tribe of the Uintah and Ouray Reservation, State school trust or other State-owned subsurface mineral lands located beneath the surface estate delineated in Public Law 440 (approved March 11, 1948) and south of the border between Grand County, Utah, and Uintah County, Utah, and select in lieu of such relinquished lands, on an acre-for-acre basis, any subsurface mineral lands of the United States located beneath the surface estate delineated in Public Law 440 (approved March 11, 1948) and north of the border between Grand County, Utah, and Uintah County, Utah, subject to the following conditions: (1) Reservation by united states The Secretary of the Interior shall reserve an overriding interest in that portion of the mineral estate comprised of minerals subject to leasing under the Mineral Leasing Act ( 30 U.S.C. 171 et seq. ) in any mineral lands conveyed to the State. (2) Extent of overriding interest The overriding interest reserved by the United States under paragraph (1) shall consist of— (A) 50 percent of any bonus bid or other payment received by the State as consideration for securing any lease or authorization to develop such mineral resources; (B) 50 percent of any rental or other payments received by the State as consideration for the lease or authorization to develop such mineral resources; (C) a 6.25 percent overriding royalty on the gross proceeds of oil and gas production under any lease or authorization to develop such oil and gas resources; and (D) an overriding royalty on the gross proceeds of production of such minerals other than oil and gas, equal to 50 percent of the royalty rate established by the Secretary of the Interior by regulation as of October 1, 2011. (3) Reservation by state of Utah The State of Utah shall reserve, for the benefit of its State school trust, an overriding interest in that portion of the mineral estate comprised of minerals subject to leasing under the Mineral Leasing Act ( 30 U.S.C. 181 et seq. ) in any mineral lands relinquished by the State to the United States. (4) Extent of overriding interest The overriding interest reserved by the State under paragraph (3) shall consist of— (A) 50 percent of any bonus bid or other payment received by the United States as consideration for securing any lease or authorization to develop such mineral resources on the relinquished lands; (B) 50 percent of any rental or other payments received by the United States as consideration for the lease or authorization to develop such mineral resources; (C) a 6.25 percent overriding royalty on the gross proceeds of oil and gas production under any lease or authorization to develop such oil and gas resources; and (D) an overriding royalty on the gross proceeds of production of such minerals other than oil and gas, equal to 50 percent of the royalty rate established by the Secretary of the Interior by regulation as of October 1, 2011. (5) No obligation to lease Neither the United States nor the State shall be obligated to lease or otherwise develop oil and gas resources in which the other party retains an overriding interest under this section. (6) Cooperative agreements The Secretary of the Interior is authorized to enter into cooperative agreements with the State and the Ute Indian Tribe of the Uintah and Ouray Reservation to facilitate the relinquishment and selection of lands to be conveyed under this section, and the administration of the overriding interests reserved hereunder. .

https://www.govinfo.gov/content/pkg/BILLS-113hr356ih/xml/BILLS-113hr356ih.xml

113-hr-357

I 113th CONGRESS 1st Session H. R. 357 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Miller of Florida (for himself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to require courses of education provided by public institutions of higher education that are approved for purposes of the educational assistance programs administered by the Secretary of Veterans Affairs to charge veterans tuition and fees at the in-State tuition rate. 1. Short title This Act may be cited as the GI Bill Tuition Fairness Act of 2013 . 2. Approval of courses of education provided by public institutions of higher education for purposes of educational assistance programs administered by Secretary of Veterans Affairs conditional on in-State tuition rate for veterans (a) In general Section 3679 of title 38, United States Code, is amended by adding at the end the following new subsection: (c) Notwithstanding any other provision of this subtitle, the Secretary or the Secretary’s designee shall disapprove a course of education provided by a public institution of higher education unless the institution charges tuition and fees for a veteran at the same rate as the institution charges for residents of the State in which the institution is located, regardless of the veteran’s State of residence. The Secretary shall notify the State approving agency of the Secretary’s disapproval of a course of education under this subsection. . (b) Treatment of enrolled benefits recipients (1) In general In the case of a veteran or eligible person who is enrolled before August 1, 2014, in a course of education provided by a public institution of higher education that was approved under chapter 36 of title 38, United States Code, at the time of the initial enrollment of the veteran or eligible person but that is disapproved by the Secretary of Veterans Affairs or the Secretary’s designee by reason of subsection (c) of section 3679 of such title, the Secretary shall treat such institution as an institution that is approved under such chapter for purposes of the laws administered by the Secretary with respect to the veteran or eligible person until the veteran or eligible person completes the course of education in which the veteran or eligible person is enrolled. (2) Termination (A) Limitation Except as provided in subparagraph (B), the Secretary of Veterans Affairs may not treat such an institution as an approved institution under paragraph (1) after August 1, 2018. (B) Waiver The Secretary may waive the limitation under subparagraph (A) if the Secretary determines such a waiver is appropriate. (c) Effective date Subsection (c) of section 3679 of title 38, United States Code, as added by subsection (a) shall apply with respect to educational assistance provided after August 1, 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr357ih/xml/BILLS-113hr357ih.xml

113-hr-358

I 113th CONGRESS 1st Session H. R. 358 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Ms. McCollum (for herself, Mr. Kelly , Mr. Walz , Mr. Latta , Mr. Nolan , Mr. Higgins , Mrs. Bachmann , Mr. Conyers , Ms. Slaughter , Mr. Peterson , and Mr. Paulsen ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the United States Fish and Wildlife Service, in coordination with the Army Corps of Engineers, the National Park Service, and the United States Geological Survey, to lead a multiagency effort to slow the spread of Asian Carp in the Upper Mississippi and Ohio River basins and tributaries, and for other purposes. 1. Short title This Act may be cited as the Strategic Response to Asian Carp Invasion Act . 2. Findings Congress finds the following: (1) The rapid spread of several invasive species of Asian Carp in the Upper Mississippi River and Ohio River basins and tributaries threatens ecosystems and billions of dollars of economic activities connected to outdoor recreation in States throughout the Midwest. (2) While Federal efforts have focused on preventing the spread of Asian Carp into the Great Lakes, there is growing recognition of the threat these invasive species pose to other ecosystems in the Upper Mississippi and Ohio River basins. 3. Multiagency effort to slow the spread of Asian Carp in the Upper Mississippi and Ohio River basins and tributaries The Director of the United States Fish and Wildlife Service, in coordination with the Army Corps of Engineers, the National Park Service, and the United States Geological Survey, shall lead a multiagency effort to slow the spread of Asian Carp in the Upper Mississippi and Ohio River basins and tributaries by providing high-level technical assistance, coordination, best practices, and support to State and local government strategies to slow, and eventually eliminate, the threat posed by Asian Carp. To the maximum extent practicable, the multiagency effort shall apply lessons learned and best practices such as those developed under the Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States, November 2007 and the Asian Carp Control Strategic Framework. 4. Report to Congress (a) In general The Director of the United States Fish and Wildlife Service shall by December 31 of each year submit to the Subcommittee on Interior, Environment, and Related Agencies of the Committee on Appropriations and the Committee on Natural Resources of the House of Representatives a report on the coordinated strategies established and progress made toward goals to control and eliminate the Asian Carp in the Upper Mississippi and Ohio River basins and tributaries. (b) Contents The Director shall include in each report— (1) observed changes in the range of Asian Carp in such waters during the 2-year period preceding submission of the report; (2) a summary of Federal agency efforts, including cooperative efforts with non-Federal partners, to control the spread of Asian Carp in such waters; (3) research needed that could improve the ability to control such spread; (4) quantitative measures that will be used to document progress in controlling such spread; and (5) cross-cut accounting of Federal and non-Federal expenditures to control such spread.

https://www.govinfo.gov/content/pkg/BILLS-113hr358ih/xml/BILLS-113hr358ih.xml

113-hr-359

I 113th CONGRESS 1st Session H. R. 359 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Scott of Virginia (for himself, Mr. Wolf , and Mr. Cummings ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish and operate a National Center for Campus Public Safety. 1. Short title This Act may be cited as the Center to Advance, Monitor, and Preserve University Security Safety Act of 2013 or the CAMPUS Safety Act of 2013 . 2. National Center for Campus Public Safety Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the end the following: LL National Center for Campus Public Safety 3021. National Center for Campus Public Safety (a) Authority To establish and operate Center (1) In general The Attorney General is authorized to establish and operate, within the Office of Community Oriented Policing Services, a National Center for Campus Public Safety (referred to in this section as the Center ). (2) Grant authority The Attorney General, through the Office of Community Oriented Policing Services, is authorized to award grants to institutions of higher education and other nonprofit organizations to assist in carrying out the functions of the Center required under subsection (b) . (b) Functions of the Center The Center shall— (1) provide quality education and training for public safety personnel of institutions of higher education and their collaborative partners, including campus mental health agencies; (2) foster quality research to strengthen the safety and security of institutions of higher education; (3) serve as a clearinghouse for the identification and dissemination of information, policies, protocols, procedures, and best practices relevant to campus public safety, including off-campus housing safety, the prevention of violence against persons and property, and emergency response and evacuation procedures; (4) coordinate with the Secretary of Homeland Security, the Secretary of Education, State, local and tribal governments and law enforcement agencies, private and nonprofit organizations and associations, and other stakeholders, to develop protocols and best practices to prevent, protect against and respond to dangerous and violent situations involving an immediate threat to the safety of the campus community; (5) promote the development and dissemination of effective behavioral threat assessment and management models to prevent campus violence; (6) identify campus safety information (including ways to increase off-campus housing safety) and identify resources available from the Department of Justice, the Department of Homeland Security, the Department of Education, State, local, and tribal governments and law enforcement agencies, and private and nonprofit organizations and associations; (7) promote cooperation, collaboration, and consistency in prevention, response, and problem-solving methods among public safety and emergency management personnel of institutions of higher education and their campus- and non-campus-based collaborative partners, including law enforcement, emergency management, mental health services, and other relevant agencies; (8) disseminate standardized formats and models for mutual aid agreements and memoranda of understanding between campus security agencies and other public safety organizations and mental health agencies; and (9) report annually to Congress on activities performed by the Center during the previous 12 months. (c) Coordination with available resources In establishing the Center, the Attorney General shall— (1) coordinate with the Secretary of Homeland Security, the Secretary of Education, and appropriate State or territory officials; and (2) ensure coordination with campus public safety resources within the Department of Homeland Security, including within the Federal Emergency Management Agency, and the Department of Education. (d) Definition of institution of higher education In this section, the term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (e) Funding Funding for the implementation of this part shall be through the use of existing excess unobligated funds available to the Office of Community Oriented Policing Services. . 3. Rule of construction Nothing in this Act shall preclude public elementary and secondary schools or their larger governing agencies from receiving the informational and training benefits of the Center.

https://www.govinfo.gov/content/pkg/BILLS-113hr359ih/xml/BILLS-113hr359ih.xml

113-hr-360

I 113th CONGRESS 1st Session H. R. 360 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Ms. Sewell of Alabama (for herself, Mr. Bachus , Mr. Bonner , Mrs. Roby , Mr. Rogers of Alabama , Mr. Aderholt , Mr. Brooks of Alabama , Mr. Lewis , and Mr. Bishop of Georgia ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To award posthumously a Congressional Gold Medal to Addie Mae Collins, Denise McNair, Carole Robertson, and Cynthia Wesley, in recognition of the 50th commemoration of the bombing of the Sixteenth Street Baptist Church where the 4 little Black girls lost their lives, which served as a catalyst for the Civil Rights Movement. 1. Findings The Congress Finds the following: (1) September 15, 2013 will mark 50 years since the lives of Addie Mae Collins, Denise McNair, Carole Robertson, and Cynthia Wesley were suddenly taken by a bomb planted in the Sixteenth Street Baptist Church in Birmingham, Alabama. (2) The senseless and premature death of these 4 little Black girls sparked “The Movement that Changed the World.” (3) On that tragic Sunday in September of 1963, the world took notice of the violence inflicted in the struggle for equal rights. (4) The fact that 4 innocent children lost their lives as they prepared for Sunday School shook the world’s conscience. (5) This tragedy galvanized the Civil Rights Movement and sparked a surge of momentum that helped secure the passage of the Civil Rights Act of 1964 and later the Voting Rights Act of 1965 by President Lyndon B. Johnson. (6) Justice was delayed for these 4 little Black girls and their families until 2002, 39 years after the bombing, when the last of the 4 Klansmen responsible for the bombing was charged and convicted with the crime. (7) The 4 little Black girls are emblematic of so many who have lost their lives for the cause of freedom and equality, including Virgil Ware and James Johnny Robinson who were children also killed within hours of the 1963 church bombing. (8) The legacy that these 4 little Black girls left will live on in the minds and hearts of us all for generations to come. (9) Their extraordinary sacrifice sparked real and lasting change as Congress began to aggressively pass legislation that ensured equality. (10) Sixteenth Street Baptist Church remains a powerful symbol of the movement for civil and human rights and will host the 50th anniversary ceremony on Sunday, September 15, 2013. (11) It is befitting that Congress bestow the highest civilian honor, the Congressional Gold Medal, in 2013 to the 4 little Black girls, Addie Mae Collins, Denise McNair, Carole Robertson, and Cynthia Wesley, posthumously in recognition of the 50th commemoration of the historical significance of the bombing of the Sixteenth Street Baptist Church. 2. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to commemorate the lives of Addie Mae Collins, Denise McNair, Carole Robertson, and Cynthia Wesley. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. 3. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 4. Status of medals (a) National medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 5. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund.

https://www.govinfo.gov/content/pkg/BILLS-113hr360ih/xml/BILLS-113hr360ih.xml

113-hr-361

I 113th CONGRESS 1st Session H. R. 361 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Reichert (for himself and Ms. DelBene ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To expand the Alpine Lakes Wilderness in the State of Washington, to designate the Middle Fork Snoqualmie River and Pratt River as wild and scenic rivers, and for other purposes. 1. Short title This Act may be cited as the Alpine Lakes Wilderness Additions and Pratt and Middle Fork Snoqualmie Rivers Protection Act . 2. Expansion of alpine lakes wilderness (a) In general There is designated as wilderness and as a component of the National Wilderness Preservation System certain Federal land in the Mount Baker-Snoqualmie National Forest in the State of Washington comprising approximately 22,173 acres that is within the Proposed Alpine Lakes Wilderness Additions Boundary, as generally depicted on the map entitled Proposed Alpine Lakes Wilderness Additions and dated December 3, 2009, which is incorporated in and shall be considered to be a part of the Alpine Lakes Wilderness. (b) Administration (1) Management Subject to valid existing rights, the land designated as wilderness by subsection (a) shall be administered by the Secretary of Agriculture (referred to in this section as the Secretary ), in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act. (2) Map and description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the land designated as wilderness by subsection (a) with— (i) the Committee on Natural Resources of the House of Representatives; and (ii) the Committee on Energy and Natural Resources of the Senate. (B) Force of law A map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the map and legal description. (C) Public availability The map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Forest Service. (c) Incorporation of acquired land and interests in land Any land or interests in land within the Proposed Alpine Lakes Wilderness Additions Boundary, as generally depicted on the map entitled Proposed Alpine Lakes Wilderness Additions and dated December 3, 2009, that is acquired by the United States shall— (1) become part of the wilderness area; and (2) be managed in accordance with subsection (b)(1). 3. Wild and scenic river designations Section 3(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1274(a) ) is amended by adding at the end the following: (__) Middle Fork Snoqualmie, Washington The 27.4-mile segment from the headwaters of the Middle Fork Snoqualmie River near La Bohn Gap in NE 1/4 sec. 20, T. 24 N., R. 13 E., to the northern boundary of sec. 11, T. 23 N., R. 9 E., to be administered by the Secretary of Agriculture in the following classifications: (A) The approximately 6.4-mile segment from the headwaters of the Middle Fork Snoqualmie River near La Bohn Gap in NE 1/4 sec. 20, T. 24 N., R. 13 E., to the west section line of sec. 3, T. 23 N., R. 12 E., as a wild river. (B) The approximately 21-mile segment from the west section line of sec. 3, T. 23 N., R. 12 E., to the northern boundary of sec. 11, T. 23 N., R. 9 E., as a scenic river. (__) Pratt River, Washington The entirety of the Pratt River in the State of Washington, located in the Mount Baker-Snoqualmie National Forest, to be administered by the Secretary of Agriculture as a wild river. .

https://www.govinfo.gov/content/pkg/BILLS-113hr361ih/xml/BILLS-113hr361ih.xml

113-hr-362

I 113th CONGRESS 1st Session H. R. 362 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Ms. Norton (for herself, Mr. Honda , Mr. Farr , Mr. Rangel , Mrs. Napolitano , Mrs. Christensen , Mr. Rush , Mr. Faleomavaega , Mr. Clay , Mr. Ellison , Mr. Conyers , Ms. Bordallo , Mr. Cohen , Mr. Blumenauer , Ms. Chu , Mr. Pierluisi , and Mr. Polis ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 the treatment of the District of Columbia as a State for purposes of representation in the House of Representatives and Senate, and for other purposes. 1. Short title This Act may be cited as the District of Columbia Equal Representation Act of 2013 . 2. Representation in Congress for District of Columbia (a) Representation (1) In general Notwithstanding any other provision of law, effective with respect to the One Hundred Thirteenth Congress and each succeeding Congress, the District of Columbia shall be treated as a State for the purposes of representation in the House of Representatives and the Senate. (2) Classification of senators In the first election of Senators from the District of Columbia, the 2 senatorial 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 2 senatorial 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) Conforming Amendments Relating to Apportionment of Members of House of Representatives (1) Inclusion of District of Columbia in reapportionment of members among States Section 22 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 ), is amended by adding at the end the following new subsection: (d) This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State. . (2) Clarification of determination of number of Presidential electors on basis of 23rd Amendment Section 3 of title 3, United States Code, is amended by striking come into office; and inserting the following: come into office (subject to the twenty-third article of amendment to the Constitution of the United States in the case of the District of Columbia); . (c) Conforming amendments regarding appointments to service academies (1) United States military academy Section 4342 of title 10, United States Code, is amended— (A) in subsection (a), by striking paragraph (5); and (B) in subsection (f), by striking the District of Columbia, . (2) United States naval academy Such title is amended— (A) in section 6954(a), by striking paragraph (5); and (B) in section 6958(b), by striking the District of Columbia, . (3) United States air force academy Section 9342 of title 10, United States Code, is amended— (A) in subsection (a), by striking paragraph (5); and (B) in subsection (f), by striking the District of Columbia, . (4) Effective date This subsection and the amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Thirteenth Congress. 3. Increase in Membership of House of Representatives (a) Permanent Increase in Number of Members Effective with respect to the One Hundred Thirteenth Congress and each succeeding Congress, the House of Representatives shall be composed of 436 Members, including any Members representing the District of Columbia pursuant to section 2(a). (b) Reapportionment of Members Resulting From Increase (1) 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 Thirteenth Congress . (2) Effective date The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2020 and each subsequent regular decennial census. 4. Repeal of office of District of Columbia delegate (a) Repeal of Office 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) Effective date The amendments made by this section shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Thirteenth Congress. 5. Providing For Elections for House Members and Senators From District of Columbia (a) Application of District of Columbia Elections Code of 1955 The District of Columbia Elections Code of 1955 is amended as follows: (1) In section 1 (sec. 1–1001.01, D.C. Official Code), by striking the Delegate to the House of Representatives, and inserting the Representative in the Congress, Senator, . (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, United States Senator and Representative, and inserting the Representative in the Congress, Senator, . (3) In section 8 (sec. 1–1001.08, D.C. Official Code)— (A) in the heading, by striking Delegate and inserting Representative, Senator, ; and (B) by striking Delegate, each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting Representative in the Congress, Senator, . (4) In section 10 (sec. 1–1001.10, D.C. Official Code)— (A) in subsection (a)(3)(A)— (i) by striking or section 206(d) of the District of Columbia Delegate Act , and (ii) by striking the office of Delegate to the House of Representatives and inserting the office of Representative in the Congress ; (B) in subsection (d)(1), by striking Delegate, each place it appears; (C) in subsection (d)(2)— (i) by striking (A) In the event and all that follows through term of office, and inserting In the event that a vacancy occurs in the office of Representative in the Congress before May 1 of the last year of the Representative’s term of office, and (ii) by striking subparagraph (B); and (D) by amending subsection (d)(3) to read as follows: (3) In the event of a vacancy in the office of Senator, the Mayor shall appoint a successor to complete the remainder of the term of office. . (5) In section 11(a)(2) (sec. 1—1001.11(a)(2), D.C. Official Code), by striking Delegate to the House of Representatives, and inserting Representative in the Congress, Senator, . (6) In section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking Delegate, and inserting Representative in the Congress, Senator, . (7) In section 17(a) (sec. 1–1001.17(a), D.C. Official Code), by striking the Delegate to the Congress from the District of Columbia and inserting the Representative in the Congress and Senator . (b) Effective date The amendments made by this section shall apply with respect to the election of the first Representative and Senators from the District of Columbia pursuant to this Act and each subsequent election of Representatives and Senators from the District of Columbia pursuant to this Act. 6. 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), (e), (f), and (g). (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 repealed. (3) Application of honoraria limitations Section 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is 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 repealed. (5) District of Columbia Elections Code of 1955 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, . (c) Effective date The amendments made by this section shall take effect upon the taking office of the first Representative and Senators from the District of Columbia pursuant to this Act. 7. Expedited judicial review If any action is brought to challenge the constitutionality of any provision of this Act or any amendment made by this Act, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (2) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (3) A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (4) It shall be the duty of the United States District Court 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. 8. Nonseverability of provisions If any provision of section 2(a), 2(b)(1), or 3, or any amendment made by any such section, is declared or held invalid or unenforceable, the remaining provisions of this Act and any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law.

https://www.govinfo.gov/content/pkg/BILLS-113hr362ih/xml/BILLS-113hr362ih.xml

113-hr-363

I 113th CONGRESS 1st Session H. R. 363 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Ms. Norton (for herself, Mr. Honda , Mr. Farr , Mr. Rangel , Mrs. Napolitano , Mrs. Christensen , Mr. Rush , Mr. Faleomavaega , Mr. Clay , Mr. Ellison , Mr. Conyers , Ms. Bordallo , Mr. Cohen , Mr. Blumenauer , Ms. Chu , and Mr. Pierluisi ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 the treatment of the District of Columbia as a State for purposes of representation in the House of Representatives, and for other purposes. 1. Short Title This Act may be cited as the District of Columbia House Voting Rights Act of 2013 . 2. Representation in House of Representatives for District of Columbia (a) Representation in House Notwithstanding any other provision of law, effective with respect to the One Hundred Thirteenth Congress and each succeeding Congress, the District of Columbia shall be treated as a State for purposes of representation in the House of Representatives. (b) Conforming Amendments Relating to Apportionment of Members of House of Representatives (1) Inclusion of District of Columbia in reapportionment of members among States Section 22 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 ), is amended by adding at the end the following new subsection: (d) This section shall apply with respect to the District of Columbia in the same manner as this section applies to a State. . (2) Clarification of determination of number of Presidential electors on basis of 23rd Amendment Section 3 of title 3, United States Code, is amended by striking come into office; and inserting the following: come into office (subject to the twenty-third article of amendment to the Constitution of the United States in the case of the District of Columbia); . (c) Conforming amendments regarding appointments to service academies (1) United States military academy Section 4342 of title 10, United States Code, is amended— (A) in subsection (a), by striking paragraph (5); and (B) in subsection (f), by striking the District of Columbia, . (2) United States naval academy Such title is amended— (A) in section 6954(a), by striking paragraph (5); and (B) in section 6958(b), by striking the District of Columbia, . (3) United States air force academy Section 9342 of title 10, United States Code, is amended— (A) in subsection (a), by striking paragraph (5); and (B) in subsection (f), by striking the District of Columbia, . (4) Effective date This subsection and the amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Thirteenth Congress. 3. Increase in Membership of House of Representatives (a) Permanent Increase in Number of Members Effective with respect to the One Hundred Thirteenth Congress and each succeeding Congress, the House of Representatives shall be composed of 436 Members, including any Members representing the District of Columbia pursuant to section 2(a). (b) Reapportionment of Members Resulting From Increase (1) 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 Thirteenth Congress . (2) Effective date The amendment made by paragraph (1) shall apply with respect to the regular decennial census conducted for 2020 and each subsequent regular decennial census. 4. Repeal of office of District of Columbia delegate (a) Repeal of Office 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) Effective date The amendments made by this subsection shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Thirteenth Congress. 5. Providing For Elections for House Members From District of Columbia (a) Application of District of Columbia Elections Code of 1955 The District of Columbia Elections Code of 1955 is amended as follows: (1) In section 1 (sec. 1–1001.01, D.C. Official Code), by striking the Delegate to the House of Representatives, and inserting the Representative in the Congress, . (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, and inserting the Representative in the Congress, . (3) In section 8 (sec. 1–1001.08, D.C. Official Code)— (A) in the heading, by striking Delegate and inserting Representative ; and (B) by striking Delegate, each place it appears in subsections (h)(1)(A), (i)(1), and (j)(1) and inserting Representative in the Congress, . (4) In section 10 (sec. 1–1001.10, D.C. Official Code)— (A) in subsection (a)(3)(A)— (i) by striking or section 206(d) of the District of Columbia Delegate Act , and (ii) by striking the office of Delegate to the House of Representatives and inserting the office of Representative in the Congress ; (B) in subsection (d)(1), by striking Delegate, each place it appears; and (C) in subsection (d)(2)— (i) by striking (A) In the event and all that follows through term of office, and inserting In the event that a vacancy occurs in the office of Representative in the Congress before May 1 of the last year of the Representative’s term of office, and (ii) by striking subparagraph (B). (5) In section 11(a)(2) (sec. 1–1001.11(a)(2), D.C. Official Code), by striking Delegate to the House of Representatives, and inserting Representative in the Congress, . (6) In section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striking Delegate, and inserting Representative in the Congress, . (7) In section 17(a) (sec. 1–1001.17(a), D.C. Official Code), by striking the Delegate to the Congress from the District of Columbia and inserting the Representative in the Congress . (b) Effective date The amendments made by this section shall apply with respect to the election of the first Representative from the District of Columbia pursuant to this Act and each subsequent election of Representatives from the District of Columbia pursuant to this Act. 6. Repeal of office of statehood Representative (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 as follows: (1) By striking offices of Senator and Representative each place it appears in subsection (d) and inserting office of Senator . (2) In subsection (d)(2)— (A) by striking a Representative or ; (B) by striking the Representative or ; and (C) by striking Representative shall be elected for a 2-year term and each . (3) In subsection (d)(3)(A), by striking and 1 United States Representative . (4) By striking Representative or each place it appears in subsections (e), (f), (g), and (h). (5) By striking Representative’s or each place it appears in subsections (g) and (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 26 voting members ; (ii) by adding and at the end of paragraph (5); and (iii) by striking paragraph (6) and redesignating paragraph (7) as paragraph (6); and (B) in subsection (a–1)(1), by striking subparagraph (H). (2) Authorization of appropriations Section 8 of such Initiative (sec. 1–127, D.C. Official Code) is amended by striking and House . (3) Application of honoraria limitations Section 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is amended by striking or Representative each place it appears. (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 amended by striking and United States Representative . (5) District of Columbia Elections Code of 1955 The District of Columbia Elections Code of 1955 is amended— (A) in section 2(13) (sec. 1–1001.02(13), D.C. Official Code), by striking United States Senator and Representative, and inserting United States Senator, ; and (B) in section 10(d) (sec. 1–1001.10(d)(3), D.C. Official Code), by striking United States Representative or . (c) Effective Date The amendments made by this section shall take effect on the date on which a Representative from the District of Columbia takes office for the One Hundred Thirteenth Congress. 7. Expedited judicial review If any action is brought to challenge the constitutionality of any provision of this Act or any amendment made by this Act, the following rules shall apply: (1) The action shall be filed in the United States District Court for the District of Columbia and shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code. (2) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. (3) A final decision in the action shall be reviewable only by appeal directly to the Supreme Court of the United States. Such appeal shall be taken by the filing of a notice of appeal within 10 days, and the filing of a jurisdictional statement within 30 days, of the entry of the final decision. (4) It shall be the duty of the United States District Court 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. 8. Nonseverability of provisions If any provision of section 2(a), 2(b)(1), or 3, or any amendment made by any such section, is declared or held invalid or unenforceable, the remaining provisions of this Act and any amendment made by this Act shall be treated and deemed invalid and shall have no force or effect of law.

https://www.govinfo.gov/content/pkg/BILLS-113hr363ih/xml/BILLS-113hr363ih.xml

113-hr-364

I 113th CONGRESS 1st Session H. R. 364 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Pierluisi (for himself, Mr. Faleomavaega , Mrs. Christensen , Ms. Bordallo , Mr. Sablan , and Mr. Serrano ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the supplemental security income program to Puerto Rico, the United States Virgin Islands, Guam, and American Samoa, and for other purposes. 1. Short title This Act may be cited as the Supplemental Security Income Equality Act . 2. Extension of the supplemental security income program to Puerto Rico, the United States Virgin Islands, Guam, and American Samoa (a) In general Section 303 of the Social Security Amendments of 1972 (86 Stat. 1484) is amended by striking subsection (b). (b) Conforming amendments (1) Definition of state Section 1101(a)(1) of the Social Security Act ( 42 U.S.C. 1301(a)(1) ) is amended by striking the 5th sentence and inserting the following: Such term when used in title XVI includes Puerto Rico, the United States Virgin Islands, Guam, and American Samoa. . (2) Elimination of limit on total payments to the territories Section 1108 of such Act ( 42 U.S.C. 1308 ) is amended— (A) in the section heading, by striking ; limitation on total payments ; (B) by striking subsection (a); and (C) in subsection (c), by striking paragraphs (2) and (4) and redesignating paragraphs (3) and (5) as paragraphs (2) and (4), respectively. (3) United States nationals treated the same as citizens Section 1614(a)(1)(B) of such Act ( 42 U.S.C. 1382c(a)(1)(B) ) is amended— (A) in clause (i)(I), by inserting or national, after citizen ; (B) in clause (i)(II), by adding ; or at the end; and (C) in clause (ii), by inserting or national after citizen . (4) Territories included in geographic meaning of United States Section 1614(e) of such Act ( 42 U.S.C. 1382c(e) ) is amended by striking and the District of Columbia and inserting , the District of Columbia, Puerto Rico, the United States Virgin Islands, Guam, and American Samoa . (c) Waiver Authority The Commissioner of Social Security may waive or modify any statutory requirement relating to the provision of benefits under the Supplemental Security Income Program under title XVI of the Social Security Act in the Virgin Islands, Guam, or Puerto Rico, to the extent that the Commissioner deems it necessary in order to adapt the program to the needs of the territory involved. (d) Effective date This section and the amendments made by this section shall take effect on the 1st day of the 1st Federal fiscal year that begins 1 year or more after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr364ih/xml/BILLS-113hr364ih.xml

113-hr-365

I 113th CONGRESS 1st Session H. R. 365 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Pierluisi (for himself, Mr. Faleomavaega , Mrs. Christensen , Ms. Bordallo , and Mr. Serrano ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Social Security Act to eliminate the cap on certain payments under the TANF program to Puerto Rico, the Virgin Islands, Guam, and American Samoa, and for other purposes. 1. Short title This Act may be cited as the Territorial TANF Equity Act of 2013 . 2. Elimination of cap on certain payments to Puerto Rico, the Virgin Islands, Guam, and American Samoa (a) In general Section 1108 of the Social Security Act ( 42 U.S.C. 1308 ) is amended by striking subsection (a). (b) Conforming amendments (1) Redesignations Section 1108 of such Act ( 42 U.S.C. 1308 ) is amended by redesignating subsections (b), (c), (d), (f), and (g) as subsections (a), (b), (c), (d), and (e), respectively. (2) Additional conforming amendments Section 1108 of such Act ( 42 U.S.C. 1308 ) is amended— (A) in subsection (b), as redesignated by paragraph (1)— (i) by striking paragraphs (2), (4), and (5); and (ii) redesignating paragraph (3) as paragraph (2); (B) in subsection (c), as redesignated by paragraph (1), by striking subsection (b) and inserting subsection (a) ; (C) in subsection (d), as redesignated by paragraph (1), by striking subsection (g) and inserting subsection (e) ; and (D) in subsection (e), as redesignated by paragraph (1), by striking subsection (f) each place it appears and inserting subsection (d) . 3. Supplemental grants to Puerto Rico, the Virgin Islands, Guam, and American Samoa Section 1108(a) of the Social Security Act ( 42 U.S.C. 1308(a) ), as redesignated by section 2(b)(1) of this Act, is amended to read as follows: (a) Entitlement to supplemental grants (1) In general Each territory shall be entitled to receive from the Secretary for each fiscal year a supplemental grant in an amount equal to— (A) in the case of Puerto Rico, the Virgin Islands, and Guam, 10 percent of the family assistance grant payable to the territory for the fiscal year; and (B) in the case of American Samoa, $100,000. (2) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2013 such sums as are necessary for grants under this subsection. . 4. Eligibility of Puerto Rico, the Virgin Islands, Guam, and American Samoa for the TANF contingency fund (a) Definition of State Section 403(b)(7) of the Social Security Act ( 42 U.S.C. 603(b)(7) ) is amended by striking and the District of Columbia and inserting , the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa. . (b) Alternative eligibility criteria for territories Section 403(b)(5) of such Act ( 42 U.S.C. 603(b)(5) ) is amended— (1) in subparagraph (A)(ii), by striking or at the end; (2) in subparagraph (B)(ii), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (C) in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa, the State satisfies alternative eligibility criteria established by the Secretary in consultation with the Governor of the State, to be submitted to the Congress not later than 1 year after the date of the enactment of this subparagraph. . 5. Eligibility of Puerto Rico, the Virgin Islands, Guam, and American Samoa for child care entitlement funds (a) Definition of State Section 418(d) of the Social Security Act ( 42 U.S.C. 618(d) ) is amended by striking and the District of Columbia and inserting , the District of Columbia, Puerto Rico, the Virgin Islands, Guam, and American Samoa. . (b) Amount of payment (1) General entitlement Section 418(a)(1) of such Act ( 42 U.S.C. 618(a)(1) ) is amended by striking equal to the greater of— and all that follows and inserting the following: equal to— (A) in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa, 60 percent of the amount required to be paid to the State for fiscal year 2010 under the Child Care and Development Block Grant Act of 1990; or (B) in the case of any other State, the greater of— (i) the total amount required to be paid to the State under section 403 of this Act for fiscal year 1994 or 1995 (whichever is greater) with respect to expenditures for child care under subsections (g) and (i) of section 402 of this Act (as in effect before October 1, 1995); or (ii) the average of the total amounts required to be paid to the State for fiscal years 1992 through 1994 under the subsections referred to in clause (i). . (2) Allotment of remainder Section 418(a)(2)(B) of such Act (42 U.S.C. 618(a)(2)(B)) is amended to read as follows: (B) Allotments to states Of the total amount available for payments to States under this paragraph, as determined under subparagraph (A)— (i) an amount equal to 65 percent of the amount required to be paid to each of Puerto Rico, the Virgin Islands, Guam, and American Samoa for fiscal year 2010 under the Child Care and Development Block Grant Act of 1990, shall be allotted to Puerto Rico, the Virgin Islands, Guam, and American Samoa, respectively; and (ii) the remainder shall be allotted among the other States based on the formula used for determining the amount of Federal payments to each State under section 403(n) of this Act (as in effect before October 1, 1995). . 6. Increase in Federal matching rate for foster care and adoption assistance in Puerto Rico, the Virgin Islands, Guam, and American Samoa Section 474(a) of the Social Security Act ( 42 U.S.C. 674(a) ) is amended in each of paragraphs (1) and (2)— (1) by striking in the case of a State other than the District of Columbia, or and inserting in the case of each of the 50 States, ; and (2) by inserting , or 75 percent, in the case of Puerto Rico, the Virgin Islands, Guam, and American Samoa after in the case of the District of Columbia . 7. Effective date The amendments made by this Act shall take effect on the 1st day of the 1st Federal fiscal year that begins 1 year or more after the date of enactment of this Act.

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113-hr-366

I 113th CONGRESS 1st Session H. R. 366 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Marino (for himself, Mr. McGovern , Mr. Campbell , Mr. Moran , Mr. Roskam , Mr. Grimm , Mr. Coffman , Mr. Tierney , Mr. Langevin , Mr. Welch , Mr. Israel , Mr. Smith of New Jersey , Mr. Cicilline , Mr. Gerlach , Mr. Dent , Mr. Gutierrez , Mr. King of New York , Ms. Loretta Sanchez of California , Mr. Lewis , and Mr. Himes ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit attendance of an animal fighting venture, and for other purposes. 1. Short title This Act may be cited as the Animal Fighting Spectator Prohibition Act of 2013 . 2. Prohibition on attending an animal fight or causing a minor to attend an animal fight Section 26 of the Animal Welfare Act ( 7 U.S.C. 2156 ) is amended— (1) in subsection (a)— (A) in the heading, by striking Sponsoring or Exhibiting an Animal in and inserting Sponsoring or Exhibiting an Animal in, Attending, or Causing a Minor To Attend ; (B) in paragraph (1)— (i) in the heading, by striking In general and inserting Sponsoring or Exhibiting ; and (ii) by striking paragraph (2) and inserting paragraph (3) ; (C) by redesignating paragraph (2) as paragraph (3); and (D) by inserting after paragraph (1) the following new paragraph: (2) Attending or causing a minor to attend It shall be unlawful for any person to— (A) knowingly attend an animal fighting venture; or (B) knowingly cause a minor to attend an animal fighting venture. ; and (2) in subsection (g), by adding at the end the following new paragraph: (5) the term minor means a person under the age of 18 years old. . 3. Enforcement of animal fighting prohibitions Section 49 of title 18, United States Code, is amended— (1) by striking Whoever and inserting (a) In general.— Whoever ; (2) in subsection (a), as designated by paragraph (1) of this section, by striking subsection (a), and inserting subsection (a)(1), ; and (3) by adding at the end the following new subsections: (b) Attending an animal fighting venture Whoever violates subsection (a)(2)(A) of section 26 of the Animal Welfare Act ( 7 U.S.C. 2156 ) shall be fined under this title, imprisoned for not more than 1 year, or both, for each violation. (c) Causing a minor To attend an animal fighting venture Whoever violates subsection (a)(2)(B) of section 26 ( 7 U.S.C. 2156 ) of the Animal Welfare Act shall be fined under this title, imprisoned for not more than 3 years, or both, for each violation. .

https://www.govinfo.gov/content/pkg/BILLS-113hr366ih/xml/BILLS-113hr366ih.xml

113-hr-367

I 113th CONGRESS 1st Session H. R. 367 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Young of Indiana (for himself, Mr. Amodei , Mr. Bachus , Mr. Barr , Mr. Bishop of Utah , Mrs. Black , Mrs. Blackburn , Mr. Bonner , Mr. Brooks of Alabama , Mr. Bucshon , Mr. Camp , Mr. Cassidy , Mr. Chabot , Mr. Chaffetz , Mr. Collins of Georgia , Mr. Cramer , Mr. Crawford , Mr. Rodney Davis of Illinois , Mr. DeSantis , Mr. DesJarlais , Mr. Duncan of Tennessee , Mr. Duncan of South Carolina , Mr. Fitzpatrick , Mr. Forbes , Mr. Fortenberry , Mr. Garrett , Mr. Gerlach , Mr. Gibbs , Mr. Gingrey of Georgia , Mr. Gosar , Mr. Gowdy , Mr. Graves of Missouri , Mr. Griffin of Arkansas , Mr. Guthrie , Mr. Hanna , Mr. Harper , Mrs. Hartzler , Mr. Holding , Mr. Hudson , Mr. Huelskamp , Mr. Huizenga of Michigan , Mr. Hultgren , Ms. Jenkins , Mr. Johnson of Ohio , Mr. Jones , Mr. Kelly , Mr. Kline , Mr. Lamborn , Mr. Latham , Mr. Latta , Mr. Long , Mr. Luetkemeyer , Mrs. Lummis , Mr. Massie , Mr. McKinley , Mr. Messer , Mr. Miller of Florida , Mrs. Capito , Mr. Mullin , Mr. Mulvaney , Mr. Neugebauer , Mrs. Noem , Mr. Nugent , Mr. Nunnelee , Mr. Olson , Mr. Pearce , Mr. Reed , Mr. Ribble , Mr. Roe of Tennessee , Mr. Rogers of Michigan , Mr. Rokita , Mr. Scalise , Mr. Schock , Mr. Sensenbrenner , Mr. Simpson , Mr. Smith of Texas , Mr. Smith of Nebraska , Mr. Stockman , Mr. Stutzman , Mr. Thornberry , Mr. Tiberi , Mr. Walberg , Mr. Walden , Mr. Webster of Florida , Mr. Westmoreland , Mr. Wilson of South Carolina , Mr. Yoder , Mr. Yoho , Mr. Young of Alaska , Mr. Kinzinger of Illinois , Mr. Stivers , Mr. Tipton , Mr. Gibson , Mr. Boustany , Mr. Poe of Texas , Mr. Gardner , Mr. Schweikert , Mr. Franks of Arizona , Mr. Hall , Mr. Renacci , Mr. Palazzo , Mr. Roskam , Mr. Marino , Mr. Posey , Mrs. Roby , Mr. Flores , Mr. Barton , Mr. Calvert , Mr. Denham , Mr. Barletta , Mr. Alexander , Mr. Aderholt , Mr. Valadao , Mr. Gohmert , Mr. Coffman , Mr. Upton , Mr. Sessions , Mrs. Wagner , Mr. King of Iowa , Mrs. Brooks of Indiana , Mr. Benishek , and Mr. Ross ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 chapter 8 of title 5, United States Code, to provide that major rules of the executive branch shall have no force or effect unless a joint resolution of approval is enacted into law. 1. Short title This Act may be cited as the Regulations From the Executive in Need of Scrutiny Act of 2013 . 2. Purpose The purpose of this Act is to increase accountability for and transparency in the Federal regulatory process. Section 1 of article I of the United States Constitution grants all legislative powers to Congress. Over time, Congress has excessively delegated its constitutional charge while failing to conduct appropriate oversight and retain accountability for the content of the laws it passes. By requiring a vote in Congress, the REINS Act will result in more carefully drafted and detailed legislation, an improved regulatory process, and a legislative branch that is truly accountable to the American people for the laws imposed upon them. 3. Congressional review of agency rulemaking Chapter 8 of title 5, United States Code, is amended to read as follows: 8 Congressional Review of Agency Rulemaking Sec. 801. Congressional review. 802. Congressional approval procedure for major rules. 803. Congressional disapproval procedure for nonmajor rules. 804. Definitions. 805. Judicial review. 806. Exemption for monetary policy. 807. Effective date of certain rules. 801. Congressional review (a) (1) (A) Before a rule may take effect, the Federal agency promulgating such rule shall submit to each House of the Congress and to the Comptroller General a report containing— (i) a copy of the rule; (ii) a concise general statement relating to the rule; (iii) a classification of the rule as a major or nonmajor rule, including an explanation of the classification specifically addressing each criteria for a major rule contained within sections 804(2)(A), 804(2)(B), and 804(2)(C); (iv) a list of any other related regulatory actions intended to implement the same statutory provision or regulatory objective as well as the individual and aggregate economic effects of those actions; and (v) the proposed effective date of the rule. (B) On the date of the submission of the report under subparagraph (A), the Federal agency promulgating the rule shall submit to the Comptroller General and make available to each House of Congress— (i) a complete copy of the cost-benefit analysis of the rule, if any; (ii) the agency’s actions pursuant to sections 603, 604, 605, 607, and 609 of this title; (iii) the agency’s actions pursuant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and (iv) any other relevant information or requirements under any other Act and any relevant Executive orders. (C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction 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. (2) (A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction by the end of 15 calendar days after the submission or publication date as provided in section 802(b)(2). The report of the Comptroller General shall include an assessment of the agency’s compliance with procedural steps required by paragraph (1)(B). (B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller General’s report under subparagraph (A). (3) A major rule relating to a report submitted under paragraph (1) shall take effect upon enactment of a joint resolution of approval described in section 802 or as provided for in the rule following enactment of a joint resolution of approval described in section 802, whichever is later. (4) A nonmajor rule shall take effect as provided by section 803 after submission to Congress under paragraph (1). (5) If a joint resolution of approval relating to a major rule is not enacted within the period provided in subsection (b)(2), then a joint resolution of approval relating to the same rule may not be considered under this chapter in the same Congress by either the House of Representatives or the Senate. (b) (1) A major rule shall not take effect unless the Congress enacts a joint resolution of approval described under section 802. (2) If a joint resolution described in subsection (a) is not enacted into law by the end of 70 session days or legislative days, as applicable, beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), then the rule described in that resolution shall be deemed not to be approved and such rule shall not take effect. (c) (1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a major rule may take effect for one 90-calendar-day period if the President makes a determination under paragraph (2) and submits written notice of such determination to the Congress. (2) Paragraph (1) applies to a determination made by the President by Executive order that the major rule should take effect because such rule is— (A) necessary because of an imminent threat to health or safety or other emergency; (B) necessary for the enforcement of criminal laws; (C) necessary for national security; or (D) issued pursuant to any statute implementing an international trade agreement. (3) An exercise by the President of the authority under this subsection shall have no effect on the procedures under section 802. (d) (1) In addition to the opportunity for review otherwise provided under this chapter, in the case of any rule for which a report was submitted in accordance with subsection (a)(1)(A) during the period beginning on the date occurring— (A) in the case of the Senate, 60 session days, or (B) in the case of the House of Representatives, 60 legislative days, before the date the Congress is scheduled to adjourn a session of Congress through the date on which the same or succeeding Congress first convenes its next session, sections 802 and 803 shall apply to such rule in the succeeding session of Congress. (2) (A) In applying sections 802 and 803 for purposes of such additional review, a rule described under paragraph (1) shall be treated as though— (i) such rule were published in the Federal Register on— (I) in the case of the Senate, the 15th session day, or (II) in the case of the House of Representatives, the 15th legislative day, after the succeeding session of Congress first convenes; and (ii) a report on such rule were submitted to Congress under subsection (a)(1) on such date. (B) Nothing in this paragraph shall be construed to affect the requirement under subsection (a)(1) that a report shall be submitted to Congress before a rule can take effect. (3) A rule described under paragraph (1) shall take effect as otherwise provided by law (including other subsections of this section). 802. Congressional approval procedure for major rules (a) (1) For purposes of this section, the term joint resolution means only a joint resolution addressing a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii) that— (A) bears no preamble; (B) bears the following title (with blanks filled as appropriate): Approving the rule submitted by ___ relating to ___. ; (C) includes after its resolving clause only the following (with blanks filled as appropriate): That Congress approves the rule submitted by ___ relating to ___. ; and (D) is introduced pursuant to paragraph (2). (2) After a House of Congress receives a report classifying a rule as major pursuant to section 801(a)(1)(A)(iii), the majority leader of that House (or his or her respective designee) shall introduce (by request, if appropriate) a joint resolution described in paragraph (1)— (A) in the case of the House of Representatives, within three legislative days; and (B) in the case of the Senate, within three session days. (3) A joint resolution described in paragraph (1) shall not be subject to amendment at any stage of proceeding. (b) A joint resolution described in subsection (a) shall be referred in each House of Congress to the committees having jurisdiction over the provision of law under which the rule is issued. (c) In the Senate, if the committee or committees to which a joint resolution described in subsection (a) has been referred have not reported it at the end of 15 session days after its introduction, such committee or committees shall be automatically discharged from further consideration of the resolution and it shall be placed on the calendar. A vote on final passage of the resolution shall be taken on or before the close of the 15th session day after the resolution is reported by the committee or committees to which it was referred, or after such committee or committees have been discharged from further consideration of the resolution. (d) (1) In the Senate, when the committee or committees to which a joint resolution is referred have reported, or when a committee or committees are discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the House of Representatives, if any committee to which a joint resolution described in subsection (a) has been referred has not reported it to the House at the end of 15 legislative days after its introduction, such committee shall be discharged from further consideration of the joint resolution, and it shall be placed on the appropriate calendar. On the second and fourth Thursdays of each month it shall be in order at any time for the Speaker to recognize a Member who favors passage of a joint resolution that has appeared on the calendar for at least 5 legislative days to call up that joint resolution for immediate consideration in the House without intervention of any point of order. When so called up a joint resolution shall be considered as read and shall be debatable for 1 hour equally divided and controlled by the proponent and an opponent, and the previous question shall be considered as ordered to its passage without intervening motion. It shall not be in order to reconsider the vote on passage. If a vote on final passage of the joint resolution has not been taken by the third Thursday on which the Speaker may recognize a Member under this subsection, such vote shall be taken on that day. (f) (1) If, before passing a joint resolution described in subsection (a), one House receives from the other a joint resolution having the same text, then— (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House until the vote on passage, when the joint resolution received from the other House shall supplant the joint resolution of the receiving House. (2) This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. (g) If either House has not taken a vote on final passage of the joint resolution by the last day of the period described in section 801(b)(2), then such vote shall be taken on that day. (h) This section and section 803 are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subsection (a) and superseding other rules only where explicitly so; and (2) with full recognition of the Constitutional right of either House to change the rules (so far as they relate 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. 803. Congressional disapproval procedure for nonmajor rules (a) For purposes of this section, the term joint resolution means only a joint resolution introduced in the period beginning on the date on which the report referred to in section 801(a)(1)(A) is received by Congress and ending 60 days thereafter (excluding days either House of Congress is adjourned for more than 3 days during a session of Congress), the matter after the resolving clause of which is as follows: That Congress disapproves the nonmajor rule submitted by the ___ relating to ___ , and such rule shall have no force or effect. (The blank spaces being appropriately filled in). (b) (1) A joint resolution described in subsection (a) shall be referred to the committees in each House of Congress with jurisdiction. (2) For purposes of this section, the term submission or publication date means the later of the date on which— (A) the Congress receives the report submitted under section 801(a)(1); or (B) the nonmajor rule is published in the Federal Register, if so published. (c) In the Senate, if the committee to which is referred a joint resolution described in subsection (a) has not reported such joint resolution (or an identical joint resolution) at the end of 15 session days after the date of introduction of the joint resolution, such committee may be discharged from further consideration of such joint resolution upon a petition supported in writing by 30 Members of the Senate, and such joint resolution shall be placed on the calendar. (d) (1) In the Senate, when the committee to which a joint resolution is referred has reported, or when a committee is discharged (under subsection (c)) from further consideration of a joint resolution described in subsection (a), it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for a motion to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the joint resolution shall remain the unfinished business of the Senate until disposed of. (2) In the Senate, debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the joint resolution. A motion to further limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (3) In the Senate, immediately following the conclusion of the debate on a joint resolution described in subsection (a), and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate, the vote on final passage of the joint resolution shall occur. (4) Appeals from the decisions of the Chair relating to the application of the rules of the Senate to the procedure relating to a joint resolution described in subsection (a) shall be decided without debate. (e) In the Senate the procedure specified in subsection (c) or (d) shall not apply to the consideration of a joint resolution respecting a nonmajor rule— (1) after the expiration of the 60 session days beginning with the applicable submission or publication date, or (2) if the report under section 801(a)(1)(A) was submitted during the period referred to in section 801(d)(1), after the expiration of the 60 session days beginning on the 15th session day after the succeeding session of Congress first convenes. (f) If, before the passage by one House of a joint resolution of that House described in subsection (a), that House receives from the other House a joint resolution described in subsection (a), then the following procedures shall apply: (1) The joint resolution of the other House shall not be referred to a committee. (2) With respect to a joint resolution described in subsection (a) of the House receiving the joint resolution— (A) the procedure in that House shall be the same as if no joint resolution had been received from the other House; but (B) the vote on final passage shall be on the joint resolution of the other House. 804. Definitions For purposes of this chapter— (1) The term Federal agency means any agency as that term is defined in section 551(1). (2) The term major rule means any rule, including an interim final rule, that the Administrator of the Office of Information and Regulatory Affairs of 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. (3) The term nonmajor rule means any rule that is not a major rule. (4) The term rule has the meaning given such term in section 551, except that such term does not include— (A) any rule of particular applicability, including a rule that approves or prescribes for the future rates, wages, prices, services, or allowances therefore, corporate or financial structures, reorganizations, mergers, or acquisitions thereof, or accounting practices or disclosures bearing on any of the foregoing; (B) any rule relating to agency management or personnel; or (C) any rule of agency organization, procedure, or practice that does not substantially affect the rights or obligations of non-agency parties. 805. Judicial review (a) No determination, finding, action, or omission under this chapter shall be subject to judicial review. (b) Notwithstanding subsection (a), a court may determine whether a Federal agency has completed the necessary requirements under this chapter for a rule to take effect. (c) The enactment of a joint resolution of approval under section 802 shall not be interpreted to serve as a grant or modification of statutory authority by Congress for the promulgation of a rule, shall not extinguish or affect any claim, whether substantive or procedural, against any alleged defect in a rule, and shall not form part of the record before the court in any judicial proceeding concerning a rule except for purposes of determining whether or not the rule is in effect. 806. Exemption for monetary policy Nothing in this chapter shall apply to rules that concern monetary policy proposed or implemented by the Board of Governors of the Federal Reserve System or the Federal Open Market Committee. 807. Effective date of certain rules Notwithstanding section 801— (1) any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping; or (2) any rule other than a major rule which an agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rule issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest, shall take effect at such time as the Federal agency promulgating the rule determines. . 4. Budgetary effects of rules subject to section 802 of title 5, United States Code Section 257(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subparagraph: (E) Budgetary effects of rules subject to section 802 of title 5, United States Code Any rules subject to the congressional approval procedure set forth in section 802 of chapter 8 of title 5, United States Code, affecting budget authority, outlays, or receipts shall be assumed to be effective unless it is not approved in accordance with such section. .

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113-hr-368

I 113th CONGRESS 1st Session H. R. 368 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Benishek introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require an audiometric test of each member of the Armed Forces before the separation of the member. 1. Audiometric test required before separation of members of the Armed Forces (a) In general Chapter 59 of title 10, United States Code, is amended by adding at the end the following new section: 1179. Audiometric test required Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary receives an audiometric test at the 8000 Hz frequency (or other test that the Secretary of Defense determines has the ability to discover potential future hearing loss) to evaluate the hearing of the member during the 90-day period before the date on which the member is discharged, separated, or retired. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 1178 the following new item: 1179. Audiometric test required. . (c) Effective date Section 1179 of title 10, United States Code, as added by subsection (a), shall apply with respect to a member being discharged, separated, or retired from the Armed Forces on or after the date that is 60 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr368ih/xml/BILLS-113hr368ih.xml

113-hr-369

I 113th CONGRESS 1st Session H. R. 369 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Benishek introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to establish a presumption of service connection for certain veterans with tinnitus or hearing loss. 1. Short title This Act may be cited as the Reducing Barriers to Veterans’ Benefits Act . 2. Findings Congress finds the following: (1) Tinnitus is the most common service-connected disability for veterans from all periods of service, accounting for almost 841,000 individuals. (2) Hearing loss is the second leading service-connected disability for veterans from all periods of service, accounting for almost 702,000 individuals. (3) Since fiscal year 1999, the number of veterans with service-connected disability for tinnitus has increased by an average rate of 17 percent each year. (4) The number of tinnitus disabilities has grown from 128,600 in fiscal year 1999 to 840,900 in fiscal year 2011, an increase of more than 500 percent. 3. Presumption of service-connection for hearing loss and tinnitus (a) Presumption (1) In general Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: 1119. Presumption of service connection for hearing loss associated with particular military occupational specialties or combat service (a) In general (1) For purposes of section 1110 of this title, and subject to section 1113 of this title, diagnosed hearing loss, tinnitus, or both of a veteran described in paragraph (2) shall be considered to have been incurred in or aggravated by the service of the veteran, notwithstanding that there is no record of evidence of such hearing loss or tinnitus, as the case may be, during the period of such service. (2) A veteran described in this paragraph is a veteran who while on active military, naval, or air service— (A) was assigned to a military occupational specialty or equivalent described in subsection (b); or (B) served in combat against a hostile force during a period of hostilities (as defined in section 1712A(a)(2)(B) of this title). (b) Military occupational specialty A military occupational specialty or equivalent referred to in subsection (a)(2)(A) is a military occupational specialty or equivalent, if any, that the Secretary determines in regulations prescribed under this section in which individuals assigned to such military occupational specialty or equivalent in the active military, naval, or air service are or were likely to be exposed to a sufficiently high level of acoustic trauma as to result in permanent hearing loss, tinnitus, or both. (c) Determination (1) If the Secretary determines under subsection (b) that a presumption of service connection is warranted for a military occupational specialty or equivalent, the Secretary, not later than 60 days after the date of the determination, shall issue proposed regulations setting forth the Secretary’s determination. (2) If the Secretary determines under subsection (b) that a presumption of service connection is not warranted for a military occupational specialty or equivalent, the Secretary, not later than 60 days after the date of the determination, shall— (A) publish the determination in the Federal Register; and (B) submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report on the determination, including a justification for the determination. . (2) Clerical amendment The table of sections at the beginning of chapter 11 of such title is amended by inserting after the item relating to section 1118 the following new item: 1119. Presumption of service connection for hearing loss associated with particular military occupational specialties or combat service. . (b) Presumption rebuttable Section 1113 of title 38, United States Code, is amended by striking or 1118 each place it appears and inserting 1118, or 1119 . (c) Presumption during peacetime service Section 1137 of title 38, United States Code, is amended by striking and 1113 and inserting 1113, and 1119 . (d) Effective date Section 1119 of title 38, United States Code, as added by subsection (a)(1), shall apply with respect to a claim for compensation made on or after the date that is 60 days after the date on which the Secretary prescribes regulations pursuant to subsection (c)(1) of such section.

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113-hr-370

I 113th CONGRESS 1st Session H. R. 370 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mrs. Blackburn (for herself, Mr. Westmoreland , and Mr. Griffin of Arkansas ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to establish a Social Security Surplus Protection Account in the Federal Old-Age and Survivors Insurance Trust Fund to hold the Social Security surplus, to provide for suspension of investment of amounts held in the Account until enactment of legislation providing for investment of the Trust Fund in investment vehicles other than obligations of the United States, and to establish a Social Security Investment Commission to make recommendations for alternative forms of investment of the Social Security surplus in the Trust Fund. 1. Short title This Act may be cited as the Savings for Seniors Act of 2013 . 2. Interim protections for social security trust fund surplus (a) In general Section 201(d) of the Social Security Act (42 U.S.C. 402(d)) is amended— (1) by striking It shall be the duty and inserting (1) Except as provided in paragraph (2), it shall be the duty ; and (2) by adding at the end the following new paragraph: (2) (A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after each fiscal year after fiscal year 2015, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. (B) For purposes of subparagraph (A), the term social security surplus means, for any fiscal year, the excess, if any, of— (i) the sum of— (I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year, (II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and (III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over (ii) the sum of— (I) benefits paid from the Trust Fund during the fiscal year, and (II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. (C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. (D) (i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2015, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. (ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the the following: This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act. . . 3. Social Security Investment Commission (a) Establishment There is established in the executive branch of the Government a Social Security Investment Commission. (b) Study and report As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund, other than investment in the form of obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. Not later than October 1, 2015, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition The Commission shall be composed of— (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership requirements Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of appointments Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Administrative provisions (1) Meetings The Commission shall meet— (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers (A) In general The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (g) Compensation (1) In general Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member's home or regular place of business in the performance of the duties of the Commission. (h) Termination The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b).

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113-hr-371

I 113th CONGRESS 1st Session H. R. 371 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Brooks of Alabama (for himself, Mr. Bachus , Mr. Wilson of South Carolina , Mr. Southerland , Mr. Stutzman , Mr. McKinley , and Mr. Jones ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To increase the statutory limit on the public debt by $1,000,000,000 upon the adoption by Congress of a Balanced Budget Constitutional Amendment and by an additional $1,000,000,000 upon ratification by the States of that Amendment. 1. Short title This Act may be cited as the Protecting America’s Solvency Act of 2013 . 2. Increase in the statutory limit on the public debt (a) Adoption Effective upon the adoption by the Congress of a Balanced Budget Constitutional Amendment with the provisions described in section 3, below, the statutory limit on the public debt set forth in section 3101(b) of title 31, United States Code, is increased by $1,000,000,000. (b) Ratification Effective upon the ratification by the States of the Balanced Budget Constitutional Amendment with the provisions described in section 3, below, the statutory limit on the public debt set forth in section 3101(b) of title 31, United States Code, is increased by an additional $1,000,000,000. 3. Required provisions of a balanced budget constitutional amendment A Balanced Budget Constitutional Amendment, to comply with the requirements of section 2, above, must include the following provisions: (1) Total outlays of the United States for any fiscal year shall not exceed total receipts for that fiscal year. Total receipts shall include all receipts of the United States except those derived from borrowing. Total outlays shall include all outlays of the United States except those for repayment of debt principal. The United States shall have no fiscal year deficits except pursuant to the terms of the Amendment. (2) The fiscal year deficit prohibition described herein may be suspended by a majority of the membership of both houses of Congress, by rollcall vote, for any fiscal year in which the United States is actively engaged in military conflict pursuant to a war declared by Congress pursuant to article I, section 8, or may be suspended by four-fifths of the membership of Congress, by rollcall vote, for any other fiscal year. (3) In any fiscal year in which Congress does not suspend the Amendment pursuant to its terms and in which total outlays will or may exceed total receipts, the President shall take such steps as are necessary to ensure total outlays for that fiscal year do not exceed total receipts. The President may not order any increase in taxes or other revenue measures to enforce the Amendment. A President’s failure to prevent a prohibited fiscal year deficit is an impeachable offense. (4) Any Member of Congress and any Governor or Attorney General of any State shall have standing and a cause of action to seek judicial enforcement of the Amendment. No court of the United States or of any State may order any increase in taxes or other revenue measures to prevent or reduce fiscal year deficits. (5) (A) The Amendment shall be phased in beginning with the first fiscal year commencing six or more months after ratification of the Amendment by the States. (B) Within three months after ratification, the President shall calculate the total outlays, the total receipts, and the resulting deficit of the United States for the fiscal year in which the Amendment was ratified. This deficit is the Base Deficit . (C) Fiscal year deficits shall be phased-out as follows: (i) The deficit for the first fiscal year commencing six or more months after ratification by the States of the Amendment shall not exceed eighty percent of the Base Deficit. (ii) The deficit for the first fiscal year commencing eighteen or more months after ratification by the States of the Amendment shall not exceed sixty percent of the Base Deficit. (iii) The deficit for the first fiscal year commencing thirty or more months after ratification by the States of the Amendment shall not exceed forty percent of the Base Deficit. (iv) The deficit for the first fiscal year commencing forty-two or more months after ratification by the States of the Amendment shall not exceed twenty percent of the Base Deficit. (v) There shall be no deficit for any fiscal year commencing fifty-four or more months after ratification by the States of the Amendment.

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113-hr-372

I 113th CONGRESS 1st Session H. R. 372 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Broun of Georgia introduced the following bill; which was referred to the Committee on the Budget , and in addition to the Committees on House Administration , Oversight and Government Reform , 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 amend title 31, United States Code, to eliminate the requirement that the President submit a budget to the Congress each year, and for other purposes. 1. Short title This Act may be cited as the Budget or Bust Act . 2. Repeal of requirement that President submit annual budget to Congress Sections 1105 and 1106 of title 31, United States Code, are repealed. 3. Change in congressional budget process timetable Section 300 of the Congressional Budget Act of 1974 is amended by striking April 1 and inserting March 15 and by striking April 15 and inserting April 1 . 4. Holding salaries of members of congress in escrow if congress fails to adopt budget resolution (a) Escrow If on or before April 1 of any year Congress does not adopt a concurrent resolution on the budget for the fiscal year that begins on October 1 of that 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 adoption by Congress of a concurrent resolution on the budget for that fiscal year. (b) 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 subsection (a) that would apply to the payment if the payment were not subject to subsection (a). (c) 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 section. (d) Member of Congress Defined In this section, 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 ). 5. Effective date This Act shall apply with respect to fiscal year 2015 and each succeeding fiscal year.

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113-hr-373

I 113th CONGRESS 1st Session H. R. 373 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mrs. Capps (for herself, Mr. Farr , Mr. Conyers , Mr. Holt , Ms. Lee of California , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To amend title VII of the Oil Pollution Act of 1990, and for other purposes. 1. Short title This Act may be cited as the Oil Pollution Research and Development Program Reauthorization Act of 2013 . 2. Federal Oil Pollution Research Committee (a) Purposes Section 7001(a)(2) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2761(a)(2) ) is amended by striking State and inserting State and tribal . (b) Membership Section 7001(a)(3) of such Act ( 33 U.S.C. 2761(a)(3) ) is amended to read as follows: (3) Structure (A) Members The Interagency Committee shall consist of representatives from the following: (i) The Coast Guard. (ii) The Department of Commerce, including the National Oceanic and Atmospheric Administration. (iii) The Department of the Interior. (iv) The Environmental Protection Agency. (B) Collaborating agencies The Interagency Committee shall collaborate with the following: (i) The National Institute of Standards and Technology. (ii) The Department of Energy. (iii) The Department of Transportation, including the Maritime Administration and the Pipeline and Hazardous Materials Safety Administration. (iv) The Department of Defense, including the Army Corps of Engineers and the Navy. (v) The Department of Homeland Security, including the United States Fire Administration in the Federal Emergency Management Agency. (vi) The National Aeronautics and Space Administration. (vii) The National Science Foundation. (viii) Other Federal agencies, as appropriate. . (c) Role of the Chair Section 7001(a)(4) of such Act ( 33 U.S.C. 2761(a)(4) ) is amended to read as follows: (4) Chair (A) In general A representative of the Coast Guard shall serve as Chair. (B) Role of Chair The primary role of the Chair shall be to ensure that— (i) the activities of the Interagency Committee and the agencies listed in paragraph (3)(B) are coordinated; (ii) the implementation plans required under subsection (b)(1) are completed and submitted; (iii) the annual reports required under subsection (e) are completed and submitted; (iv) the Interagency Committee meets in accordance with the requirements of paragraph (5); and (v) the Oil Pollution Research Advisory Committee under subsection (f) is established and utilized. . (d) Activities Section 7001(a) of such Act ( 33 U.S.C. 2761(a) ) is amended by adding at the end the following: (5) Activities (A) Ongoing, coordinated efforts The Interagency Committee shall ensure that the research, development, and demonstration efforts authorized by this section are coordinated and conducted on an ongoing basis. (B) Meetings (i) In general The Interagency Committee shall meet, or otherwise communicate, as appropriate, to— (I) plan program-related activities; and (II) determine whether the program is resulting in the development of new or improved methods and technologies to prevent, detect, respond to, contain, and mitigate oil discharge. (ii) Frequency In no event shall the Interagency Committee meet less than once per year. (C) Information exchange The Interagency Committee, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall develop a national information clearinghouse on oil discharge that— (i) includes scientific information and research on preparedness, response, and restoration; and (ii) serves as a single electronic access and input point for Federal agencies, emergency responders, the research community, and other interested parties for such information. . 3. Oil pollution research and technology plan (a) Implementation Plan Section 7001(b)(1) of such Act ( 33 U.S.C. 2761(b)(1) ) is amended— (1) by striking 180 days after the date of enactment of this Act and inserting 180 days after the date of enactment of the Oil Pollution Research and Development Program Reauthorization Act of 2013 and periodically thereafter, as appropriate, but not less than once every 5 years ; (2) by striking subparagraph (A) and inserting the following: (A) identify the roles and responsibilities of each member agency of the Interagency Committee under subsection (a)(3)(A) and each of the collaborating agencies under subsection (a)(3)(B); ; (3) in subparagraph (B) by inserting containment, after response, ; (4) in subparagraph (D) by inserting containment, after response, ; (5) by striking and at the end of subparagraph (E); (6) in subparagraph (F)— (A) by striking the States through research needs and inserting State and tribal governments, regional oil pollution research needs, including natural seeps and pollution resulting from importing oil from overseas, ; and (B) by striking the period at the end and inserting a semicolon; and (7) by adding at the end the following new subparagraphs: (G) identify the information needed to conduct risk assessment and risk analysis research to effectively prevent oil discharges, including information on human factors and decisionmaking, and to protect the environment; and (H) identify a methodology that— (i) provides for the solicitation, evaluation, preapproval, funding, and utilization of technologies and research projects developed by the public and private sector in advance of future oil discharges; and (ii) where appropriate, ensures that such technologies are readily available for rapid testing and potential deployment and that research projects can be implemented during an incident response. . (b) Advice and guidance Section 7001(b)(2) of such Act ( 33 U.S.C. 2761(b)(2) ) is amended to read as follows: (2) Advice and guidance (A) In general The Chair shall solicit advice and guidance in the development of the research plan under paragraph (1) from— (i) the Oil Pollution Research Advisory Committee established under subsection (f); (ii) the National Institute of Standards and Technology on issues relating to quality assurance and standards measurements; (iii) third party standard-setting organizations on issues relating to voluntary consensus standards; and (iv) the public in accordance with subparagraph (B). (B) Public comment Prior to the submission of the research plan to Congress under paragraph (1), the research plan shall be published in the Federal Register and subject to a public comment period of 30 days. The Chair shall review the public comments received and incorporate those comments into the plan, as appropriate. . (c) Review Section 7001(b) of such Act ( 33 U.S.C. 2761(b) ) is amended by adding at the end the following: (3) Review After the submission of each research plan to Congress under paragraph (1), the Chair shall contract with the National Academy of Sciences— (A) to review the research plan; (B) to assess the adequacy of the research plan; and (C) to submit a report to Congress on the conclusions of the assessment. (4) Incorporation of recommendations The Chair shall address any recommendations in the review conducted under paragraph (3) and shall incorporate such recommendations into the research plan, as appropriate. . 4. Oil pollution research and development program (a) Establishment Section 7001(c)(1) of such Act ( 33 U.S.C. 2761(c)(1) ) is amended by striking research and development, as provided in this subsection and inserting research, development, and demonstration, as provided in this subsection and subsection (a)(2) . (b) Innovative oil pollution technology Section 7001(c)(2) of such Act ( 33 U.S.C. 2761(c)(2) ) is amended— (1) in the matter before subparagraph (A), by striking preventing or mitigating and inserting preventing, detecting, containing, recovering, or mitigating ; (2) by striking subparagraph (I); (3) by striking the period at the end of subparagraph (J) and inserting a semicolon; (4) by redesignating subparagraph (J) as subparagraph (I); and (5) by adding at the end the following: (J) technologies and methods to address oil discharge on land and in inland waters, coastal areas, offshore areas, including deepwater and ultra-deepwater areas, and polar and other icy areas; and (K) modeling and simulation capabilities, including tools and technologies, that can be used to facilitate effective recovery and containment of oil discharge during incident response. . (c) Oil pollution technology evaluation Section 7001(c)(3) of such Act ( 33 U.S.C. 2761(c)(3) ) is amended to read as follows: (3) Oil pollution technology evaluation The program established under this subsection shall provide for the evaluation of oil pollution prevention, containment, and mitigation technologies, including— (A) the evaluation of the performance and effectiveness of such technologies in preventing, detecting, containing, recovering, and mitigating oil discharges; (B) the evaluation of the environmental effects of the use of such technologies; (C) the evaluation and testing of technologies developed independently of the research and development program established under this subsection, including technologies developed by small businesses; (D) the establishment, with the advice and guidance of the National Institute of Standards and Technology, of standards and testing protocols traceable to national standards to measure the performance of oil pollution prevention, containment, or mitigation technologies; (E) an evaluation of the environmental effects and utility of controlled field testing; (F) the use, where appropriate, of controlled field testing to evaluate real-world application of new or improved oil discharge prevention, response, containment, recovery, or mitigation technologies; (G) an evaluation of the effectiveness of oil pollution prevention technologies based on probabilistic risk analyses of the system; and (H) research conducted by the Environmental Protection Agency and other appropriate Federal agencies for the evaluation and testing of technologies that demonstrate— (i) maximum effectiveness, including application and delivery mechanisms; and (ii) minimum effects, including toxicity, to human health and the environment in both the near-term and long-term. . (d) Oil pollution effects research Section 7001(c)(4) of such Act ( 33 U.S.C. 2761(c)(4) ) is amended— (1) by striking subparagraph (A) and inserting the following: (A) In general (i) Establishment The Interagency Committee, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall establish a research program to monitor and scientifically evaluate the environmental effects, including long-term effects, of oil discharge. (ii) Specifications Such program shall include the following elements: (I) Research on and the development of effective tools to detect, measure, observe, analyze, monitor, model, and forecast the presence, transport, fate, and effect of an oil discharge throughout the environment, including tools and models to accurately measure and predict the flow of oil discharged. (II) The development of methods, including economic methods, to assess and predict damages to natural resources, including air quality, resulting from oil discharges, including in economically disadvantaged communities and areas. (III) The identification of types of ecologically sensitive areas at particular risk from oil discharges, such as inland waters, coastal areas, offshore areas, including deepwater and ultra-deepwater areas, and polar and other icy areas. (IV) The preparation of scientific monitoring and evaluation plans for the areas identified under subclause (III) to be implemented in the event of major oil discharges in such areas. (V) The collection of environmental baseline data in the areas identified under subclause (III) if such data are insufficient. (VI) The use of both onshore and offshore air quality monitoring to study the effects of an oil discharge and oil discharge cleanup technologies on air quality and making the results of such monitoring and health and safety warnings readily available to the public, including emergency responders, the research community, local residents, and other interested parties. (VII) Research on technologies, methods, and standards for protecting removal personnel and for volunteers that may participate in incident responses, including training, adequate supervision, protective equipment, maximum exposure limits, and decontamination procedures. ; (2) in subparagraph (B)— (A) by striking (B) The Department of Commerce and all that follows through future oil discharges. and inserting the following: (B) Conditions The Interagency Committee, acting through the Administrator of the National Oceanic and Atmospheric Administration, shall conduct research activities under subparagraph (A) for areas in which— (i) the amount of oil discharged exceeds 250,000 gallons; and (ii) a study of the long-term environmental effects of the discharge would be of significant scientific value, especially for preventing or responding to future oil discharges. ; (B) by striking ATHOS I, and and inserting ATHOS I; ; and (C) by striking the period at the end and inserting ; Prince William Sound, where oil was discharged by the EXXON VALDEZ; and the Gulf of Mexico, where oil was discharged by the DEEPWATER HORIZON. ; and (3) in subparagraph (C) by striking Research and inserting Coordination. —Research . (e) Demonstration projects Section 7001(c)(6) of such Act ( 33 U.S.C. 2761(c)(6) ) is amended— (1) by striking the first sentence and inserting the following: The United States Coast Guard, in conjunction with such agencies as the President may designate, shall conduct a total of 2 port oil pollution minimization demonstration projects, 1 with the Ports of Los Angeles and Long Beach, California, and 1 with a port on the Great Lakes, for the purpose of developing and demonstrating integrated port oil pollution prevention and cleanup systems that utilize the information and implement the improved practices and technologies developed from the research, development, and demonstration program established in this section. ; and (2) in the second sentence by striking oil spill and inserting oil discharge . (f) Simulated Environmental Testing Section 7001(c)(7) of such Act ( 33 U.S.C. 2761(c)(7) ) is amended by inserting Oil pollution technology testing and evaluations shall be given priority over all other activities performed at such Research Center. after evaluations. . (g) Regional research program (1) In general Section 7001(c)(8) of such Act ( 33 U.S.C. 2761(c)(8) ) is amended— (A) in subparagraph (A)— (i) by striking program of competitive grants and inserting program of peer-reviewed, competitive grants ; and (ii) by striking (1989) and inserting (2009) ; (B) in subparagraph (C) by striking the entity or entities which and inserting at least one entity that ; and (C) by adding at the end the following new subparagraph: (H) In carrying out this paragraph, the Interagency Committee shall coordinate the program of peer-reviewed, competitive grants to universities or other research institutions, including Minority Serving Institutions as defined under section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ), and provide consideration to such institutions in the recommendations for awarding grants. . (2) Funding Section 7001(c)(9) of such Act ( 33 U.S.C. 2761(c)(9) ) is amended by striking 1991 and all that follows through shall be available and inserting 2014, 2015, 2016, 2017, and 2018, there are authorized to be appropriated from amounts in the Fund $12,000,000 . 5. International cooperation Section 7001(d) of such Act ( 33 U.S.C. 2761(d) ) is amended to read as follows: (d) International cooperation In accordance with the research plan submitted under subsection (b), the Interagency Committee shall engage in international cooperation by— (1) harnessing global expertise through collaborative partnerships with foreign governments and research entities, and domestic and foreign private actors, including nongovernmental organizations and private sector companies; and (2) leveraging public and private capital, technology, expertise, and services towards innovative models that can be instituted to conduct collaborative oil pollution research, development, and demonstration activities, including controlled field tests of oil discharges and other activities designed to improve oil recovery and cleanup. . 6. Annual reports Section 7001(e) of such Act ( 33 U.S.C. 2761(e) ) is amended to read as follows: (e) Annual report (1) In general Concurrent with the submission to Congress of the President’s annual budget request in each year after the date of enactment of the Oil Pollution Research and Development Program Reauthorization Act of 2013 , the Chair of the Interagency Committee shall submit to Congress a report describing the— (A) activities carried out under this section in the preceding fiscal year, including— (i) a description of major research conducted on oil discharge prevention, detection, containment, recovery, and mitigation techniques in all environments by each agency described in subparagraphs (A) and (B) of subsection (a)(3); and (ii) a summary of— (I) projects in which the agency contributed funding or other resources; (II) major projects undertaken by State and tribal governments, and foreign governments; and (III) major projects undertaken by the private sector and educational institutions; (B) activities being carried out under this section in the current fiscal year, including a description of major research and development activities on oil discharge prevention, detection, containment, recovery, and mitigation technologies and techniques in all environments that each agency will conduct or contribute to; and (C) activities proposed to be carried out under this section in the subsequent fiscal year, including an analysis of how these activities will further the purposes of the program authorized by this section. (2) Additional requirement If the National Academy of Sciences provides recommendations on the research plan under section 7001(b)(3), the Chair shall include, in the first annual report under paragraph (1) of this subsection, a description of those recommendations incorporated into the research plan, and a description of, and explanation for, any recommendations that are not included in such plan. . 7. Advisory committee Section 7001 of such Act ( 33 U.S.C. 2761 ) is further amended— (1) by striking subsection (f); and (2) by inserting after subsection (e) the following: (f) Advisory committee (1) Establishment Not later than 90 days after the date of enactment of the Oil Pollution Research and Development Program Reauthorization Act of 2013 , the Chair of the Interagency Committee shall establish an advisory committee to be known as the Oil Pollution Research Advisory Committee (in this subsection referred to as the advisory committee ). (2) Membership (A) In general The advisory committee shall be composed of members appointed by the Chair, in consultation with each member agency described in subsection (a)(3), including— (i) individuals with extensive knowledge and research experience or operational knowledge of prevention, detection, response, containment, and mitigation of oil discharges; (ii) individuals broadly representative of stakeholders affected by oil discharges; and (iii) other individuals, as determined by the Chair. (B) Limitations The Chair shall— (i) appoint no more than 25 members that shall not include representatives of the Federal Government, but may include representatives from State, tribal, and local governments; and (ii) ensure that no class of individuals described in clause (ii) or (iii) of subparagraph (A) comprises more than 1/3 of the membership of the advisory committee. (C) Terms of service (i) In general Members shall be appointed for a 3-year term and may serve for not more than 2 terms, except as provided in clause (iii). (ii) Vacancies Vacancy appointments shall be for the remainder of the unexpired term of the vacancy. (iii) Special rule If a member is appointed to fill a vacancy and the remainder of the unexpired term is less than 1 year, the member may subsequently be appointed for 2 full terms. (D) Compensation and expenses Members of the advisory committee shall not be compensated for service on the advisory committee, but may be allowed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. (3) Duties The advisory committee shall review, advise, and comment on Interagency Committee activities, including the following: (A) Management and functioning of the Interagency Committee. (B) Collaboration of the Interagency Committee and the agencies listed in subsection (a)(3)(B). (C) The research and technology development of new or improved response capabilities. (D) The use of cost-effective research mechanisms. (E) Research, computation, and modeling needs and other resources needed to develop a comprehensive program of oil pollution research. (4) Subcommittees The advisory committee may establish subcommittees of its members. (5) Meetings The advisory committee shall meet at least once per year and at other times at the call of the chairperson. (6) Report The advisory committee shall submit biennial reports to the Interagency Committee and Congress on the function, activities, and progress of the Interagency Committee and the programs established under this section. (7) Expiration Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee. . 8. Funding (a) In general Section 7001 of such Act ( 33 U.S.C. 2761 ) is further amended by adding at the end the following new subsection: (g) Funding (1) In general There are authorized to be appropriated from amounts in the Fund not more than $48,000,000 annually to carry out this section, except for subsection (c)(8). (2) Specific allocations From the amounts in paragraph (1), there are authorized to be appropriated— (A) $16,000,000 to the Administrator of the National Oceanic and Atmospheric Administration annually to carry out this section; and (B) $2,000,000 for each of fiscal years 2014, 2015, 2016, and 2017 to carry out the activities in subsection (c)(6). . (b) Authorization Section 1012(a)(5)(C) of such Act ( 33 U.S.C. 2712(a)(5)(C) ) is amended to read as follows: (C) notwithstanding section 9509(f) of the Internal Revenue Code of 1986, not more than $48,000,000 in each fiscal year shall be available to carry out title VII of this Act; and . 9. Access to research during an emergency Section 7001 of such Act ( 33 U.S.C. 2761 ) is further amended by adding at the end the following new subsection: (h) Access to research during an emergency Any entity that receives Federal funding for research, the methodologies or results of which may be useful for response activities in the event of an oil discharge incident described in sections 300.300–334 of title 40 of the Code of Federal Regulations, shall, upon request to that entity, make the methodologies or results of such research available to the Interagency Committee and the Federal On-Scene Coordinator (as defined in section 311(a)(21) of the Federal Water Pollution Control Act ( 33 U.S.C. 1321(a)(21) )). Any methodologies or research results made available under this subsection shall be for use only for purposes of the response activities with respect to the oil discharge incident and shall not be available for disclosure under section 552 of title 5, United States Code, or included in information made publicly available pursuant to this Act. .

https://www.govinfo.gov/content/pkg/BILLS-113hr373ih/xml/BILLS-113hr373ih.xml

113-hr-374

I 113th CONGRESS 1st Session H. R. 374 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mrs. Christensen 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 assist in the recovery and development of the Virgin Islands by providing for a reduction in the tax imposed on distributions from certain retirement plans’ assets which are invested for at least 30 years, subject to defined withdrawals, under a Virgin Islands investment program. 1. Short title This Act may be cited as the Derek M. Hodge Virgin Islands Improvement Act of 2013 . 2. Tax-free distributions from certain retirement plan assets invested under a virgin islands investment program (a) In general Part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 (relating to pension, profit-sharing, stock bonus plans, etc.) is amended by adding at the end the following new section: 409B. Treatment of distributions from certain retirement plan assets invested under a virgin islands investment program (a) In general If an individual under the age of 61 makes a one-time designation of an amount of qualified retirement savings as being under investment by the Virgin Islands Investment Program for at least 30 years, then, as of the close of the 10th year, such amount (and any earnings properly allocable to such amount) shall be treated for purposes of this title— (1) as a designated Roth account in the case of qualified retirement savings described in subsection (b)(1), or (2) as a Roth IRA in the case of qualified retirement savings described in subsection (b)(2). No amount shall be includible in gross income by reason of the change in treatment under the preceding sentence. (b) Qualified retirement savings For purposes of this section, the term qualified retirement savings means— (1) amounts attributable to elective deferrals under an applicable retirement plan, and (2) amounts held in an individual retirement plan which is not a Roth IRA. (c) Virgin islands investment program For purposes of this section— (1) In general The term Virgin Islands Investment Program means a program of the Virgin Islands which meets the requirements of paragraphs (2), (3), (4), and (5). (2) Maximum amount accepted for management A program meets the requirements of this paragraph if the amount accepted for management under the program does not exceed $50,000,000,000. (3) Fees and taxes A program meets the requirements of this paragraph if— (A) the fees charged by investment managers under the program do not exceed the fees customarily imposed by investment managers for managing like qualified retirement savings outside the Virgin Islands Investment Program, (B) the program imposes an annual tax (in addition to the fees permitted under subparagraph (A)) equal to— (i) 1.5 percent of the amount designated for management under the program for the first 10 years of the account, and (ii) 1 percent of the amount designated for management under the program for the remainder of the life of the account without regard to account balance, and (C) the 1 percent tax is imposed notwithstanding the Roth designation. (4) Investment manager A program meets the requirements of this paragraph if the investment managers under the program are chosen by the Governor of the Virgin Islands. (5) Separate accounting A program meets the requirements of this paragraph if the program— (A) establishes separate accounts for each type of qualified retirement savings held for the benefit of each individual and any earnings properly allocable to such assets, and (B) maintains separate recordkeeping with respect to each account. (d) Use of 1 percent annual tax (1) Revenues to the virgin islands during first 20 years (A) In general Revenues from the tax referred to in subsection (c)(3)(B) shall be collected, held, and distributed for the benefit of the Virgin Islands in a manner similar to section 7652(b) (relating to rum excise tax). (B) Distributions to virgin islands Funds and accrued interest described in subsection (d)(1)(A) may be paid from escrow to the Virgin Islands for expenditure only if— (i) the expenditure is pursuant to a qualified infrastructure development plan, and (ii) the expenditure is approved by the Secretary of the Interior as being pursuant to such plan. (C) Qualified infrastructure development plan For purposes of this paragraph, the term qualified infrastructure development plan means a plan for improving and enhancing the infrastructure of the Virgin Islands which is— (i) developed and approved by the committee described in subparagraph (D), and (ii) approved by the Governor of the Virgin Islands. (D) Committee The committee described in this subparagraph is a committee— (i) comprised of 5 members, each serving a term of either three or five years— (I) 2 of whom are appointed by the Governor of the Virgin Islands, one for a 3-year and one for a 5-year term, (II) 2 of whom are appointed by the Virgin Islands legislature, one for a 3-year and one for a 5-year term, and (III) 1 of whom is appointed by the Secretary of the Interior for a 5-year term, and (ii) with respect to which a vacancy is filled in the manner in which the original appointment was made. (2) Revenues to the united states and the virgin islands (A) During first 20 years Revenues from the fee referred to in subsection (c)(3)(B) imposed on designated assets after the first 10 years under management by the Virgin Islands Investment Program shall be collected by the United States Treasury in a manner similar to section 7652, upon which— (i) 1/3 of the proceeds shall be distributed to the Virgin Islands for the first 10 years of management, and (ii) half of the proceeds shall be distributed to the Virgin Islands for the next 10 years of management. (B) After the first 20 years Beginning in the 21st year, the entire 1 percent tax collected shall be retained by the United States Treasury. (C) Minimum holding period No withdrawals may be made by an investor from the account during the minimum holding period of ten years. Should the investor choose to withdraw money from the account during the minimum holding period, the investor would forfeit the tax advantages of the Fund. Any funds so withdrawn would be included in gross income and subject to Federal income tax, minus payments of the 1 percent tax. (3) Early withdrawal Should an investor withdraw the entire balance of the funds after the 10-year minimum holding period but before the end of the 30 years, his account will be liable for the entire 1 percent tax for each of the remaining years. (e) Other definitions For purposes of this section— (1) Elective deferrals; applicable retirement plan The terms elective deferrals and applicable retirement plan have the respective meanings given such terms by section 402A. (2) Virgin islands The term Virgin Islands means the United States Virgin Islands. (3) Secretary of the interior The term Secretary of the Interior means the Secretary of the Interior or his designee. . (b) Clerical amendment The table of sections for such part I is amended by adding at the end the following new item: Sec. 409B. Treatment of distributions from certain retirement plan assets invested under a Virgin Islands investment program. . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr374ih/xml/BILLS-113hr374ih.xml

113-hr-375

I 113th CONGRESS 1st Session H. R. 375 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Cicilline (for himself, Mr. Langevin , Mr. Yarmuth , Ms. Norton , Mr. Grijalva , Mr. Ryan of Ohio , and Mr. Lipinski ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of Commerce and the Secretary of Labor to establish the Make It In America Incentive Grant Program, and for other purposes. 1. Short title This Act may be cited as the Make It In America Manufacturing Act of 2013 . 2. Definitions In this Act: (1) Industry cluster The term industry cluster means a concentration of interconnected businesses, suppliers, research and development entities, service providers, and associated institutions in a particular field that are linked by common manufacturing and workforce needs. (2) Manufacturer The term manufacturer shall be defined by the Secretary of Commerce in accordance with the North American Industry Classification System. (3) Nationally portable The term nationally portable , with respect to a credential, means a credential that is sought or accepted by businesses within the industry sector involved, across multiple States, as a recognized, preferred, or required credential for recruitment, screening, advancement, or hiring purposes. (4) Program The term Program means the program established under section 3(a). (5) Regional partnership The term regional partnership means a collaborative group that— (A) organizes key stakeholders in a targeted industry cluster or broader manufacturing partnership into a working group that focuses on the needs of manufacturers in order to implement a manufacturing enhancement strategy; (B) includes, at the appropriate stage of development of the partnership— (i) representatives of multiple firms or employers in the targeted industry cluster, including small- or medium-sized manufacturers and large manufacturers when practicable; (ii) one or more representatives of State labor organizations, central labor coalitions, or other labor organizations, except in instances where no labor representation exists; (iii) one or more representatives of postsecondary educational institutions or other training providers; (iv) one or more representatives of State workforce agencies or other entities providing employment services; and (v) one or more representatives of a State or local government or Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b )); (C) may include representatives of— (i) State or local economic development agencies; (ii) other State or local agencies; (iii) chambers of commerce; (iv) nonprofit organizations; (v) philanthropic organizations; (vi) economic development organizations; (vii) industry associations; (viii) a local or regional Hollings Manufacturing Extension Center; and (ix) other organizations, as determined necessary by the members comprising the industry or sector partnership; and (D) designates as the fiscal agent for the collaborative group a not-for-profit organization or government entity that is a member of the collaborative group. (6) Small-sized manufacturer The term small-sized manufacturer means a manufacturer that is a small business concern. (7) Small business concern The term small business concern has the meaning given such term under section 3 of the Small Business Act (15 U.S.C. 632). (8) State The term State means each of the 50 States, the District of Columbia, and any territory or possession of the United States. 3. Establishment of the Make It In America Incentive Grant Program (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Commerce and the Secretary of Labor shall jointly establish a program under which the secretaries shall jointly award incentive grants to eligible entities to support the manufacturing industry in the United States. (b) Administration The Secretary of Labor shall administer the Program with respect to all matters relating to the use of incentive grants for job training and the Secretary of Commerce shall administer the Program with respect to all other matters. (c) Eligible entities For purposes of the Program, an eligible entity is any of the following: (1) A State. (2) A regional partnership. (d) Designation The program established under subsection (a) shall be known as the Make It In America Incentive Grant Program . (e) Coordination In carrying out the Program, the Secretary of Commerce and the Secretary of Labor shall coordinate with such other heads of Federal agencies as the secretaries consider appropriate. 4. Incentive grants (a) Maximum amount An incentive grant awarded by the Secretary of Commerce and the Secretary of Labor under the Program may not exceed $20,000,000. (b) Use of funds An incentive grant awarded by the Secretary of Commerce and the Secretary of Labor under the Program shall be used by the recipient of the incentive grant to carry out a manufacturing enhancement strategy through the following: (1) Establishing a revolving loan fund to issue loans to manufacturers to finance the cost of any of the following: (A) Retooling, retrofitting, expanding, or establishing (including applicable engineering costs) a manufacturer in the United States, including with respect to equipment, facilities, infrastructure, or capital. (B) Activities relating to improving the energy or process efficiency of a manufacturer, but not relating to or involving training. (2) Retraining the employees of the manufacturers, including through the awarding of grants to not-for-profit third-parties— (A) to provide skills necessary to operate new or advanced manufacturing equipment; or (B) to sustain or improve the processes of the manufacturer. (3) Training new employees of the manufacturers, including through the awarding of grants to not-for-profit third-parties— (A) to provide on-the-job training; (B) to provide off-site training; (C) for classroom and on-site experiential learning; (D) for the development and implementation of registered apprenticeship programs; and (E) for such other activities as the Secretary of Labor considers appropriate for training new employees of the manufacturers. (4) Creating or expanding export activity and domestic supply chain opportunities by providing capital and technical expertise to the manufacturers— (A) to facilitate new connections in domestic supply chains between small-sized manufacturers and other manufacturers; and (B) for such other activities as the Secretary of Commerce considers appropriate. (5) Such other activities as the Secretary of Commerce and the Secretary of Labor consider appropriate to carry out a manufacturing enhancement strategy. (c) Interest rates Loans issued under subsection (b)(1) shall bear an interest rate determined by the entity receiving the incentive grant as follows: (1) The interest rate shall enable the loan recipient to accomplish the activities described in subparagraphs (A) and (B) of subsection (b)(1). (2) The interest rate may be set below market interest rates. (3) The interest rate may not be less than zero percent. (4) The interest rate may not exceed the current prime rate plus 500 basis points. (d) Use of funds in United States A recipient of an incentive grant under the Program may only use such grant to carry out activities in the United States and to improve manufacturing in the United States. 5. Requirements for incentive grant recipients (a) Application (1) In general An entity seeking an incentive grant under the Program shall submit to the Secretary of Commerce and the Secretary of Labor an application therefor at such time, in such form, and in such manner as the Secretary of Commerce and the Secretary of Labor may require. (2) Elements Each application submitted under paragraph (1) shall include the following: (A) The manufacturing enhancement strategy for which the entity is seeking an incentive grant under the Program. (B) Such other information as the Secretary of Commerce and the Secretary of Labor consider appropriate. (3) Proposed manufacturing enhancement strategy Each manufacturing enhancement strategy submitted under paragraph (2)(A) by an entity for an incentive grant shall include the following: (A) A description of the plans of the entity to make loans or grants to third parties with funds from the incentive grant and how such plans will improve the competitiveness of a particular industry cluster identified by the entity and of manufacturing in the United States in one or more industries. (B) A description of the expected economic return on investment of the entity's manufacturing enhancement strategy with respect to the incentive grant, including the following: (i) The number of jobs to be created or retained by third-party recipients of loans or grants issued or awarded by the entity under the Program. (ii) The sales to be increased or retained by such third-party recipients. (iii) The cost savings to be achieved by such third-party recipients due to energy efficiency savings or other activities supported by loans issued or grants awarded by the entity under the Program. (iv) The workforce training investments to be made by the entity or such third-party recipients, including— (I) the number of training hours to be provided; and (II) a description of the nationally portable, industry recognized credentials or, if not available, other credentials, related to the targeted industry cluster that the entity proposes to support, develop, or use as a performance measure, in order to carry out the goals of the entity with respect to the proposed manufacturing enhancement strategy. (v) The amount of capital and technical assistance to be provided to manufacturers to expand the export opportunities, facilitate new domestic supply chains, or carry out other authorized activities. (vi) Private investments from the third party recipients or affiliated private investors leveraged by grant funding. (vii) How the entity will address, to the extent practicable, economic distress, including high rates of unemployment, situations of sudden and severe economic dislocation, in particular where mass layoffs result in a precipitous increase in unemployment, and such other similar issues of economic distress as the Secretary of Commerce considers appropriate. (C) A description of how the entity intends to establish a Make It In America Partnership Board— (i) to assist the entity in issuing loans and awarding grants to third parties; (ii) to ensure the coordination and best use of Federal, State, regional, and local assets and resources for the implementation of the proposed manufacturing enhancement strategy; and (iii) which shall be comprised of, to the extent practicable, representatives of— (I) economic development agencies of State and local governments; (II) departments of labor; (III) workforce investment boards and agencies; (IV) institutions of higher education, including community colleges run by a State; (V) economic development organizations; (VI) chambers of commerce; (VII) nonprofit organizations; (VIII) philanthropic organizations; (IX) industry associations; (X) labor organizations; (XI) a local or regional Hollings Manufacturing Extension Center; and (XII) such other organizations or entities as the entity considers appropriate. (D) A description of the plans of the entity to foster, through the Make It In America Partnership Board established by the entity, collaboration between Federal entities, State and local economic development organizations and agencies, State and local workforce development organizations and agencies, manufacturers, and institutions of higher education (including community colleges run by a State)— (i) to improve resource allocation, including coordinating the use of other Federal, State, and local funding sources to improve intended results; (ii) to identify opportunities to leverage additional public and private funding for the purposes of implementing the manufacturing enhancement strategy; and (iii) to ensure comprehensive counseling, technical assistance, workforce development, and export assistance are provided to manufacturers. (b) Priority for entities with matching funds (1) In general In awarding incentive grants under the Program to entities to carry out manufacturing enhancement strategies, the Secretary of Commerce and the Secretary of Labor shall give priority to an entity that, with respect to the costs to be incurred by the entity in carrying out a manufacturing enhancement strategy under the Program, the entity identifies and commits contributions in an amount equal to not less than 50 percent of Federal funds provided under the incentive grant. (2) Source of contributions A contribution described in paragraph (1) may consist of non-Federal funds, in-kind contributions, including contributions of space, equipment, services, and such other kinds of funds and contributions as the Secretary of Commerce and the Secretary of Labor consider appropriate. (c) Coordination with Hollings Manufacturing Extension Centers Each recipient of an incentive grant under the Program shall coordinate with a Hollings Manufacturing Extension Center as a preferred provider of services to implement the manufacturing enhancement strategy of the recipient as determined by the Secretary of Commerce and the Secretary of Labor. (d) Workforce training investments (1) In general Not more than half of amounts appropriated or otherwise made available to carry out the Program may be used as described in paragraphs (2) and (3) of section 4(b). (2) Training and retraining of employees Each recipient of an incentive grant under the Program shall, with respect to training new employees and retraining employees of manufacturers, help postsecondary educational institutions, training institutions, apprenticeship programs, and other training programs align curricula, entrance requirements, and programs to industry demand and nationally portable, industry-recognized credentials (or, if not available for the targeted industry, other credentials, as the Secretary of Labor considers appropriate), particularly for higher skill, high-priority occupations (as determined by the Secretary of Labor). (e) Administrative expenses A recipient of an incentive grant under the Program may only use such amount of the incentive grant for costs associated with administering the incentive grant as the Secretary of Commerce and the Secretary of Labor shall specify in solicitations for applications for incentive grants. (f) Annual reports For each recipient of an incentive grant awarded under the Program, not later than 1 year after the date on which the recipient first receives funds under the Program, and not less frequently than once each year thereafter, the recipient shall submit to the Secretary of Commerce and the Secretary of Labor a report describing— (1) the loans and grants issued and awarded by the recipient to third parties using incentive grant funds; (2) the achievements with respect to the goals identified in the proposed manufacturing enhancement strategy of the grant recipient; (3) for each third party recipient, the achievements of such third party with respect to relevant goals specified in the proposed manufacturing enhancement strategy of the grant recipient; and (4) in the case of a recipient who used grants amounts as described in paragraphs (2) and (3) of section 4(b), common employment outcomes using measures established by the Secretary of Labor. 6. Establishment of State and local advisory committee required The Secretary of Commerce and the Secretary of Labor shall jointly establish an advisory committee to advise the secretaries with respect to implementing and evaluating the Program, which shall be comprised of the following: (1) One or more individuals who represent a State government. (2) One or more individuals who represent a local government. (3) One or more individuals who represent a regional planning organization or economic development organization. (4) One or more individuals who represent the education sector. (5) One or more individuals who represent the manufacturing sector. (6) One or more individuals who represent a labor organization. (7) Such other individuals as the Secretary considers appropriate. 7. Review and evaluation (a) Grant recipients The Secretary of Commerce and the Secretary of Labor may review and evaluate the performance of a recipient of an incentive grant under the Program as the secretaries consider appropriate. (b) Ineligibility for future grants The Secretary of Commerce and the Secretary of Labor may determine a recipient of an incentive grant under the Program to be ineligible to receive additional incentive grants under the Program if the Secretary determines that the recipient has failed to achieve compliance with— (1) any applicable guideline or regulation of the Secretary relating to the Program, including with respect to the misuse or misappropriation of funds provided under the Program; or (2) the proposed manufacturing enhancement strategy of the recipient.

https://www.govinfo.gov/content/pkg/BILLS-113hr375ih/xml/BILLS-113hr375ih.xml

113-hr-376

I 113th CONGRESS 1st Session H. R. 376 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mrs. Davis of California (for herself, Mr. Brady of Pennsylvania , Mr. Honda , Ms. Lee of California , and Mrs. Carolyn B. Maloney of New York ) 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 allow all eligible voters to vote by mail in Federal elections. 1. Short Title This Act may be cited as the Universal Right to Vote by Mail Act of 2013 . 2. Findings Congress finds the following: (1) An inequity of voting rights exists in the United States because voters in some States have the universal right to vote by mail while voters in other States do not. (2) Many voters often have work, family, or other commitments that make getting to polls on the date of an election difficult or impossible. Under current State laws, many of these voters are not permitted to vote by mail. (3) 29 States and the District of Columbia currently allow universal absentee voting (also known as no-excuse absentee voting), which permits any voter to request a mail-in ballot without providing a reason for the request, and no State which has implemented no-excuse absentee voting has switched back. (4) Voting by mail gives voters more time to consider their choices, which is especially important as many ballots contain greater numbers of questions about complex issues than in the past due to the expanded use of the initiative and referendum process in many States. (5) Allowing all voters the option to vote by mail can lead to increased voter participation. (6) Allowing all voters the option to vote by mail can reduce waiting times for those voters who choose to vote at the polls. (7) Voting by mail is preferable to many voters as an alternative to going to the polls. Voting by mail has become increasingly popular with voters who want to be certain that they are able to vote no matter what comes up on Election Day. (8) No evidence exists suggesting the potential for fraud in absentee balloting is greater than the potential for fraud by any other method of voting. (9) Many of the reasons which voters in many States are required to provide in order to vote by mail require the revelation of personal information about health, travel plans, or religious activities, which violate voters’ privacy while doing nothing to prevent voter fraud. (10) State laws which require voters to obtain a notary signature to vote by mail only add cost and inconvenience to voters without increasing security. 3. Promoting Ability of Voters to Vote by Mail in Federal Elections (a) In General Subtitle A of 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. Promoting Ability of Voters to Vote by Mail (a) In General If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by mail, except to the extent that the State imposes a deadline for requesting the ballot and related voting materials from the appropriate State or local election official and for returning the ballot to the appropriate State or local election official. (b) Rule of Construction Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots on the date of the election. (c) Effective Date A State shall be required to comply with the requirements of this section with respect to elections for Federal office held in years beginning with 2016. . (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 . (c) Clerical Amendment The table of contents for such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Promoting ability of voters to vote by mail. .

https://www.govinfo.gov/content/pkg/BILLS-113hr376ih/xml/BILLS-113hr376ih.xml

113-hr-377

I 113th CONGRESS 1st Session H. R. 377 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Ms. DeLauro (for herself, Mr. Andrews , Ms. Bass , Mr. Becerra , Mr. Bishop of New York , Mr. Blumenauer , Ms. Bonamici , Mr. Brady of Pennsylvania , Mr. Braley of Iowa , Ms. Brown of Florida , Mrs. Bustos , Mr. Butterfield , Mrs. Capps , Mr. Capuano , Mr. Cárdenas , Mr. Carson of Indiana , Ms. Castor of Florida , Mrs. Christensen , Ms. Chu , Mr. Cicilline , Ms. Clarke , Mr. Clay , Mr. Cleaver , Mr. Clyburn , Mr. Cohen , Mr. Conyers , Mr. Cooper , Mr. Costa , Mr. Courtney , Mr. Cummings , Mrs. Davis of California , Mr. DeFazio , Ms. DeGette , Mr. Delaney , Ms. DelBene , Mr. Deutch , Mr. Dingell , Mr. Doyle , Ms. Edwards , Mr. Ellison , Mr. Engel , Ms. Eshoo , Ms. Esty , Mr. Farr , Mr. Fattah , Ms. Frankel of Florida , Ms. Fudge , Mr. Garamendi , Mr. Al Green of Texas , Mr. Gene Green of Texas , Mr. Grijalva , Mr. Gutierrez , Ms. Hahn , Ms. Hanabusa , Mr. Hastings of Florida , Mr. Heck of Washington , Mr. Higgins , Mr. Himes , Mr. Hinojosa , Mr. Holt , Mr. Honda , Mr. Hoyer , Mr. Israel , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Ms. Kaptur , Mr. Keating , Mr. Kildee , Mr. Kilmer , Mr. Kind , Mr. Langevin , Mr. Larsen of Washington , Mr. Larson of Connecticut , Ms. Lee of California , Mr. Levin , Mr. Lewis , Mr. Loebsack , Ms. Lofgren , Mrs. Lowey , Mr. Ben Ray Luján of New Mexico , Ms. Michelle Lujan Grisham of New Mexico , Mr. Lynch , Mrs. Carolyn B. Maloney of New York , Mr. Matheson , Ms. Matsui , Mrs. McCarthy of New York , Ms. McCollum , Mr. McDermott , Mr. McGovern , Mr. McNerney , Mr. Meeks , Ms. Meng , Mr. Michaud , Mr. George Miller of California , Ms. Moore , Mr. Moran , Mr. Nadler , Mrs. Napolitano , Mr. Nolan , Ms. Norton , Mr. Pallone , Mr. Pascrell , Mr. Pastor of Arizona , Ms. Pelosi , Mr. Perlmutter , Mr. Peters of Michigan , Mr. Pierluisi , Ms. Pingree of Maine , Mr. Pocan , Mr. Polis , Mr. Price of North Carolina , Mr. Rangel , Mr. Richmond , Ms. Roybal-Allard , Mr. Ruppersberger , Mr. Rush , Mr. Ryan of Ohio , Ms. Linda T. Sánchez of California , Ms. Loretta Sanchez of California , Mr. Sarbanes , Ms. Schakowsky , Mr. Schiff , Mr. Schneider , Mr. Schrader , Ms. Schwartz , Mr. David Scott of Georgia , Mr. Scott of Virginia , Mr. Serrano , Ms. Shea-Porter , Mr. Sherman , Ms. Sinema , Ms. Slaughter , Mr. Smith of Washington , Ms. Speier , Mr. Thompson of California , Mr. Tierney , Mr. Tonko , Ms. Tsongas , Mr. Van Hollen , Ms. Velázquez , Mr. Visclosky , Mr. Walz , Ms. Wasserman Schultz , Ms. Waters , Mr. Watt , Mr. Waxman , Mr. Welch , Ms. Wilson of Florida , Mr. Yarmuth , Mrs. Beatty , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act of 1938 to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex, and for other purposes. 1. Short title This Act may be cited as the Paycheck Fairness Act . 2. Findings Congress finds the following: (1) Women have entered the workforce in record numbers over the past 50 years. (2) Despite the enactment of the Equal Pay Act in 1963, many women continue to earn significantly lower pay than men for equal work. These pay disparities exist in both the private and governmental sectors. In many instances, the pay disparities can only be due to continued intentional discrimination or the lingering effects of past discrimination. (3) The existence of such pay disparities— (A) depresses the wages of working families who rely on the wages of all members of the family to make ends meet; (B) undermines women's retirement security, which is often based on earnings while in the workforce; (C) prevents the optimum utilization of available labor resources; (D) has been spread and perpetuated, through commerce and the channels and instrumentalities of commerce, among the workers of the several States; (E) burdens commerce and the free flow of goods in commerce; (F) constitutes an unfair method of competition in commerce; (G) leads to labor disputes burdening and obstructing commerce and the free flow of goods in commerce; (H) interferes with the orderly and fair marketing of goods in commerce; and (I) in many instances, may deprive workers of equal protection on the basis of sex in violation of the 5th and 14th Amendments. (4) (A) Artificial barriers to the elimination of discrimination in the payment of wages on the basis of sex continue to exist decades after the enactment of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ) and the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ). (B) These barriers have resulted, in significant part, because the Equal Pay Act has not worked as Congress originally intended. Improvements and modifications to the law are necessary to ensure that the Act provides effective protection to those subject to pay discrimination on the basis of their sex. (C) Elimination of such barriers would have positive effects, including— (i) providing a solution to problems in the economy created by unfair pay disparities; (ii) substantially reducing the number of working women earning unfairly low wages, thereby reducing the dependence on public assistance; (iii) promoting stable families by enabling all family members to earn a fair rate of pay; (iv) remedying the effects of past discrimination on the basis of sex and ensuring that in the future workers are afforded equal protection on the basis of sex; and (v) ensuring equal protection pursuant to Congress’ power to enforce the 5th and 14th Amendments. (5) The Department of Labor and the Equal Employment Opportunity Commission have important and unique responsibilities to help ensure that women receive equal pay for equal work. (6) The Department of Labor is responsible for— (A) collecting and making publicly available information about women’s pay; (B) ensuring that companies receiving Federal contracts comply with anti-discrimination affirmative action requirements of Executive Order 11246 (relating to equal employment opportunity); (C) disseminating information about women’s rights in the workplace; (D) helping women who have been victims of pay discrimination obtain a remedy; and (E) being proactive in investigating and prosecuting equal pay violations, especially systemic violations, and in enforcing all of its mandates. (7) The Equal Employment Opportunity Commission is the primary enforcement agency for claims made under the Equal Pay Act, and issues regulations and guidance on appropriate interpretations of the law. (8) With a stronger commitment by the Department of Labor and the Equal Employment Opportunity Commission to their responsibilities, increased information as a result of the amendments made by this Act to the Equal Pay Act of 1963, wage data, and more effective remedies, women will be better able to recognize and enforce their rights. (9) Certain employers have already made great strides in eradicating unfair pay disparities in the workplace and their achievements should be recognized. 3. Enhanced enforcement of equal pay requirements (a) Bona-Fide factor defense and modification of same establishment requirement Section 6(d)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d)(1) ) is amended— (1) by striking No employer having and inserting (A) No employer having ; (2) by striking any other factor other than sex and inserting a bona fide factor other than sex, such as education, training, or experience ; and (3) by inserting at the end the following: (B) The bona fide factor defense described in subparagraph (A)(iv) shall apply only if the employer demonstrates that such factor (i) is not based upon or derived from a sex-based differential in compensation; (ii) is job-related with respect to the position in question; and (iii) is consistent with business necessity. Such defense shall not apply where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice. (C) For purposes of subparagraph (A), employees shall be deemed to work in the same establishment if the employees work for the same employer at workplaces located in the same county or similar political subdivision of a State. The preceding sentence shall not be construed as limiting broader applications of the term establishment consistent with rules prescribed or guidance issued by the Equal Opportunity Employment Commission. . (b) Nonretaliation provision Section 15 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a)(3) ) is amended— (1) in subsection (a)(3), by striking employee has filed and all that follows and inserting employee— (A) has made a charge or filed any complaint or instituted or caused to be instituted any investigation, proceeding, hearing, or action under or related to this Act, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing or action, or has served or is planning to serve on an industry Committee; or (B) has inquired about, discussed, or disclosed the wages of the employee or another employee. ; and (2) by adding at the end the following: (c) Subsection (a)(3)(B) shall not apply to instances in which an employee who has access to the wage information of other employees as a part of such employee’s essential job functions discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under section 6(d), including an investigation conducted by the employer. Nothing in this subsection shall be construed to limit the rights of an employee provided under any other provision of law. . (c) Enhanced penalties Section 16(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(b) ) is amended— (1) by inserting after the first sentence the following: Any employer who violates section 6(d) shall additionally be liable for such compensatory damages, or, where the employee demonstrates that the employer acted with malice or reckless indifference, punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages. ; (2) in the sentence beginning An action to , by striking either of the preceding sentences and inserting any of the preceding sentences of this subsection ; (3) in the sentence beginning No employees shall , by striking No employees and inserting Except with respect to class actions brought to enforce section 6(d), no employee ; (4) by inserting after the sentence referred to in paragraph (3), the following: Notwithstanding any other provision of Federal law, any action brought to enforce section 6(d) may be maintained as a class action as provided by the Federal Rules of Civil Procedure. ; and (5) in the sentence beginning The court in — (A) by striking in such action and inserting in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection ; and (B) by inserting before the period the following: , including expert fees . (d) Action by Secretary Section 16(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216(c) ) is amended— (1) in the first sentence— (A) by inserting or, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b), before and the agreement ; and (B) by inserting before the period the following: , or such compensatory or punitive damages, as appropriate ; (2) in the second sentence, by inserting before the period the following: and, in the case of a violation of section 6(d), additional compensatory or punitive damages, as described in subsection (b) ; (3) in the third sentence, by striking the first sentence and inserting the first or second sentence ; and (4) in the last sentence— (A) by striking commenced in the case and inserting commenced— (1) in the case ; (B) by striking the period and inserting ; or ; and (C) by adding at the end the following: (2) in the case of a class action brought to enforce section 6(d), on the date on which the individual becomes a party plaintiff to the class action. . 4. Training The Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs, subject to the availability of funds appropriated under section 10, shall provide training to Commission employees and affected individuals and entities on matters involving discrimination in the payment of wages. 5. Negotiation skills training for girls and women (a) Program authorized (1) In general The Secretary of Labor, after consultation with the Secretary of Education, is authorized to establish and carry out a grant program. (2) Grants In carrying out the program, the Secretary of Labor may make grants on a competitive basis to eligible entities, to carry out negotiation skills training programs for girls and women. (3) Eligible entities To be eligible to receive a grant under this subsection, an entity shall be a public agency, such as a State, a local government in a metropolitan statistical area (as defined by the Office of Management and Budget), a State educational agency, or a local educational agency, a private nonprofit organization, or a community-based organization. (4) Application To be eligible to receive a grant under this subsection, an entity shall submit an application to the Secretary of Labor at such time, in such manner, and containing such information as the Secretary of Labor may require. (5) Use of funds An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out an effective negotiation skills training program that empowers girls and women. The training provided through the program shall help girls and women strengthen their negotiation skills to allow the girls and women to obtain higher salaries and rates of compensation that are equal to those paid to similarly situated male employees. (b) Incorporating training into existing programs The Secretary of Labor and the Secretary of Education shall issue regulations or policy guidance that provides for integrating the negotiation skills training, to the extent practicable, into programs authorized under— (1) in the case of the Secretary of Education, the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), the Carl D. Perkins Vocational and Technical Education Act of 1998 ( 20 U.S.C. 2301 et seq. ), the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ), and other programs carried out by the Department of Education that the Secretary of Education determines to be appropriate; and (2) in the case of the Secretary of Labor, the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. ), and other programs carried out by the Department of Labor that the Secretary of Labor determines to be appropriate. (c) Report Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Labor and the Secretary of Education shall prepare and submit to Congress a report describing the activities conducted under this section and evaluating the effectiveness of such activities in achieving the purposes of this Act. 6. Research, education, and outreach The Secretary of Labor shall conduct studies and provide information to employers, labor organizations, and the general public concerning the means available to eliminate pay disparities between men and women, including— (1) conducting and promoting research to develop the means to correct expeditiously the conditions leading to the pay disparities; (2) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the media, and the general public the findings resulting from studies and other materials, relating to eliminating the pay disparities; (3) sponsoring and assisting State and community informational and educational programs; (4) providing information to employers, labor organizations, professional associations, and other interested persons on the means of eliminating the pay disparities; (5) recognizing and promoting the achievements of employers, labor organizations, and professional associations that have worked to eliminate the pay disparities; and (6) convening a national summit to discuss, and consider approaches for rectifying, the pay disparities. 7. Establishment of the National Award for Pay Equity in the Workplace (a) In general There is established the Secretary of Labor’s National Award for Pay Equity in the Workplace, which shall be awarded, as appropriate, to encourage proactive efforts to comply with section 6(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(d) ). (b) Criteria for qualification The Secretary of Labor shall set criteria for receipt of the award, including a requirement that an employer has made substantial effort to eliminate pay disparities between men and women, and deserves special recognition as a consequence of such effort. The Secretary shall establish procedures for the application and presentation of the award. (c) Business In this section, the term employer includes— (1) (A) a corporation, including a nonprofit corporation; (B) a partnership; (C) a professional association; (D) a labor organization; and (E) a business entity similar to an entity described in any of subparagraphs (A) through (D); (2) an entity carrying out an education referral program, a training program, such as an apprenticeship or management training program, or a similar program; and (3) an entity carrying out a joint program, formed by a combination of any entities described in paragraph (1) or (2). 8. Collection of pay information by the equal employment opportunity Commission Section 709 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–8 ) is amended by adding at the end the following: (f) (1) Not later than 18 months after the date of enactment of this subsection, the Commission shall— (A) complete a survey of the data that is currently available to the Federal Government relating to employee pay information for use in the enforcement of Federal laws prohibiting pay discrimination and, in consultation with other relevant Federal agencies, identify additional data collections that will enhance the enforcement of such laws; and (B) based on the results of the survey and consultations under subparagraph (A), issue regulations to provide for the collection of pay information data from employers as described by the sex, race, and national origin of employees. (2) In implementing paragraph (1), the Commission shall have as its primary consideration the most effective and efficient means for enhancing the enforcement of Federal laws prohibiting pay discrimination. For this purpose, the Commission shall consider factors including the imposition of burdens on employers, the frequency of required reports (including which employers should be required to prepare reports), appropriate protections for maintaining data confidentiality, and the most effective format for the data collection reports. . 9. Reinstatement of pay equity programs and pay equity data collection (a) Bureau of Labor Statistics data collection The Commissioner of Labor Statistics shall continue to collect data on women workers in the Current Employment Statistics survey. (b) Office of Federal Contract Compliance Programs initiatives The Director of the Office of Federal Contract Compliance Programs shall ensure that employees of the Office— (1) (A) shall use the full range of investigatory tools at the Office's disposal, including pay grade methodology; (B) in considering evidence of possible compensation discrimination— (i) shall not limit its consideration to a small number of types of evidence; and (ii) shall not limit its evaluation of the evidence to a small number of methods of evaluating the evidence; and (C) shall not require a multiple regression analysis or anecdotal evidence for a compensation discrimination case; (2) for purposes of its investigative, compliance, and enforcement activities, shall define similarly situated employees in a way that is consistent with and not more stringent than the definition provided in item 1 of subsection A of section 10–III of the Equal Employment Opportunity Commission Compliance Manual (2000), and shall consider only factors that the Office's investigation reveals were used in making compensation decisions; and (3) shall reinstate the Equal Opportunity Survey, as required by section 60–2.18 of title 41, Code of Federal Regulations (as in effect on September 7, 2006), designating not less than half of all nonconstruction contractor establishments each year to prepare and file such survey, and shall review and utilize the responses to such survey to identify contractor establishments for further evaluation and for other enforcement purposes as appropriate. (c) Department of Labor distribution of wage discrimination information The Secretary of Labor shall make readily available (in print, on the Department of Labor website, and through any other forum that the Department may use to distribute compensation discrimination information), accurate information on compensation discrimination, including statistics, explanations of employee rights, historical analyses of such discrimination, instructions for employers on compliance, and any other information that will assist the public in understanding and addressing such discrimination. 10. Authorization of appropriations (a) Authorization of Appropriations There are authorized to be appropriated $15,000,000 to carry out this Act. (b) Prohibition on Earmarks None of the funds appropriated pursuant to subsection (a) for purposes of the grant program in section 5 of this Act may be used for a congressional earmark as defined in clause 9(d) of rule XXI of the Rules of the House of Representatives. 11. Small Business Assistance (a) Effective date This Act and the amendments made by this Act shall take effect on the date that is 6 months after the date of enactment of this Act. (b) Technical assistance materials The Secretary of Labor and the Commissioner of the Equal Employment Opportunity Commission shall jointly develop technical assistance material to assist small businesses in complying with the requirements of this Act and the amendments made by this Act. (c) Small Businesses A small business shall be exempt from the provisions of this Act to the same extent that such business is exempt from the requirements of the Fair Labor Standards Act pursuant to section 3(s)(1)(A) (i) and (ii) of such Act. 12. Rule of Construction Nothing in this Act, or in any amendments made by this Act, shall affect the obligation of employers and employees to fully comply with all applicable immigration laws, including any penalties, fines, or other sanctions.

https://www.govinfo.gov/content/pkg/BILLS-113hr377ih/xml/BILLS-113hr377ih.xml

113-hr-378

I 113th CONGRESS 1st Session H. R. 378 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Fattah introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide for adequate and equitable educational opportunities for students in State public school systems, and for other purposes. 1. Short title This Act may be cited as the Student Bill of Rights . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings and purposes. Title I—Educational opportunity in State public school systems Subtitle A—Access to educational opportunity Sec. 111. Adequate and equitable State public school systems. Sec. 112. State educational adequacy and equity requirements. Sec. 113. State-established standards for opportunity to learn. Subtitle B—State accountability Sec. 121. Determination of educationally adequate and inequitable State public school systems. Sec. 122. State accountability for improvement of educational opportunity. Sec. 123. Consequences of nonremediation. Subtitle C—Public reporting and remedy Sec. 131. Annual report by Secretary on adequacy and equity in State public school systems. Sec. 132. Civil action for enforcement. Title II—Effects of educational disparities on economic growth and national defense Sec. 201. Effects on economic growth and productivity. Sec. 202. Effects on national defense. Title III—General provisions Sec. 301. Definitions. Sec. 302. Notice and opportunity for hearing. Sec. 303. Rulemaking. Sec. 304. Rule of construction. 3. Findings and purposes (a) Findings The Congress finds the following: (1) A high-quality, highly competitive education for all students is imperative for the economic growth and productivity of the United States, for its effective national defense, and for achievement of the historical aspiration to be one Nation of equal citizens. It is therefore necessary and proper to overcome the nationwide phenomenon of educationally inadequate or inequitable State public school systems, in which high-quality public schools serve high-income communities and poor-quality schools serve low-income, urban, rural, and minority communities. (2) There exists in the States an ever-widening educational opportunity gap for low-income, urban, rural, and minority students characterized by the following: (A) Highly differential educational expenditures among local educational agencies within States. (B) Continuing disparities within the States in students’ access to the opportunity to learn indicators described in section 112(a). (C) Radically differential educational achievement among local educational agencies within the States, as measured by the following: (i) Achievement in mathematics, reading or language arts, and science on State academic achievement tests and measures, including the academic assessments described in section 113(b)(1). (ii) Advanced placement courses offered and taken. (iii) Scholastic Aptitude Test (SAT) and ACT Assessment scores. (iv) Dropout rates and graduation rates. (v) College-going and college-completion rates. (vi) Job placement and retention rates and indices of job quality. (3) As a consequence of this educational opportunity gap, the quality of a child’s education depends largely upon where the child’s family lives, and the detriments of lower quality public education are imposed particularly on— (A) children from low-income families; (B) children living in urban and rural areas; and (C) minority children. (4) Since 1785, the Congress of the United States, exercising the power to admit new States under article IV, section 3 of the Constitution (and previously, the Congress of the Confederation of States under the Articles of Confederation), has imposed upon every State, as a fundamental condition of the State’s admission, the following requirements: (A) One, and sometimes two, square-mile lots in every township were to be granted and … reserved for the maintenance and use of public schools . (B) [S]chools and the means of education [are to] be forever encouraged . (C) State conventions [were to] provide, by ordinances irrevocable without the consent of the United States and the people of said States … that provision … be made for the establishment and maintenance of systems of public schools which shall be open to all children of said States . (See Ordinances of May 20, 1785, and July 13, 1787; Act of March 3, 1845, 28th Cong. 2d Sess., 5 Stat. 789, Chap. 76 (admitting Iowa and Florida); Act of February 22, 1889, 50th Cong., 2d Sess., Chap. 180 (admitting States created from the Dakota Territories); and the Acts of Congress pertaining to the admission of each of the States.) (5) Over the years since the landmark ruling in Brown v. Board of Education, when a unanimous United States Supreme Court held that the opportunity of an education … , where the state has undertaken to provide it, is a right which must be made available to all on equal terms , courts in 44 of the States have heard challenges to the establishment, maintenance, and operation of educationally inadequate or inequitable State public school systems. (347 U.S. 483, 493 (1954)). (6) In 1970, the Presidential Commission on School Finance found that significant disparities in the distribution of educational resources existed among local educational agencies within States because the States relied too significantly on local district financing for educational revenues, and that reforms in systems of school financing would increase the Nation’s ability to serve the educational needs of all children. (7) In 1999, the National Research Council of the National Academy of Sciences published a report entitled Making Money Matter, Financing America’s Schools , which found that the concept of funding adequacy, which moves beyond the more traditional concepts of finance equity to focus attention on the sufficiency of funding for desired educational outcomes, is an important step in developing a fair and productive educational system. (8) In 2001, the Executive order establishing the President’s Commission on Educational Resource Equity declared, A quality education is essential to the success of every child in the 21st century and to the continued strength and prosperity of our Nation. … [L]ong-standing gaps in access to educational resources exist, including disparities based on race and ethnicity. (Executive Order 13190, § 1 (January 15, 2001); 66 Fed. Reg. 5424.) (9) According to the Secretary of Education, as stated in a letter (with enclosures) dated January 19, 2002, from the Secretary to States— (A) racial and ethnic minorities continue to suffer from lack of access to educational resources, including experienced and qualified teachers, adequate facilities, and instructional programs and support, including technology, as well as … the funding necessary to secure these resources ; and (B) these inadequacies are particularly acute in high-poverty schools, including urban schools, where many students of color are isolated and where the effect of the resource gaps may be cumulative. In other words, students who need the most may often receive the least, and these students often are students of color . (10) The Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), as amended by the No Child Left Behind Act of 2001 ( Public Law 107–110 ), provides that— (A) States must establish standards and assessments in mathematics, reading or language arts, and science; (B) elementary schools and secondary schools must ensure that all students are proficient in such subjects within 12 years after the end of the 2001–2002 school year; and (C) elementary schools and secondary schools will be held accountable for the students’ progress. (11) The standards and accountability movement will succeed only if, in addition to standards and accountability, all schools have access to the educational resources necessary to enable students to achieve. (12) Raising standards without ensuring adequate and equitable access to educational resources may, in fact, exacerbate achievement gaps and set children up for failure. (13) According to the World Economic Forum’s Global Competitiveness Report 2001–2002, the United States ranks last among developed countries in the difference in the quality of schools available to rich and poor children. (14) Each State Government has ultimate authority in determining every important aspect and priority of the public school system that provides elementary and secondary education to children in the State, including whether children throughout the State have high access to the opportunity to learn indicators described in section 112(a). (15) Since 1965, the Congress, in exercising its spending authority, has provided substantial Federal financial assistance to the States for the improvement of their public school systems. In their expenditure and oversight of this assistance, the States have failed systematically to achieve the purpose of the Congress in providing the assistance, namely the effective education of all the children of the United States. (16) Because a well-educated populace is critical to the Nation’s political and economic well-being and national security, the Federal Government has a substantial interest in ensuring that States provide a high-quality education by ensuring that all children have access to the opportunity to learn indicators described in section 112(a) to enable the children to succeed academically and in life. (b) Purposes The purposes of this Act are the following: (1) To further the goals of the No Child Left Behind Act of 2001 ( Public Law 107–110 ) and the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) by holding States accountable for providing all students access to the opportunity to learn indicators described in section 112(a). (2) To ensure that all students in public elementary schools and secondary schools receive educational opportunities that enable the students— (A) to acquire the knowledge and skills necessary for responsible citizenship, including the ability to participate fully in the political process through informed electoral choice; (B) to meet challenging State student academic achievement standards; and (C) to be able to compete and succeed in a global economy. (3) To end the pervasive pattern of educationally inadequate or inequitable State public school systems. I Educational opportunity in State public school systems A Access to educational opportunity 111. Adequate and equitable State public school systems Each State receiving Federal financial assistance for elementary or secondary education shall maintain a public school system that meets the requirements of section 112 and provides all students in the State with— (1) the educational resources needed to succeed academically and in life; and (2) an education that enables the students— (A) to acquire the knowledge and skills necessary for responsible citizenship; (B) to participate fully in the political process through informed electoral choice; and (C) to be able to compete and succeed in a global economy. 112. State educational adequacy and equity requirements (a) Opportunity To learn A State shall provide for all public schools in the State access, at levels defined by the State under section 113 as ideal or adequate, to each of the following opportunity to learn indicators: (1) highly effective teachers; (2) early childhood education; (3) college preparatory curricula; and (4) equitable instructional resources. (b) Comparable educational services A State shall provide educational services in local educational agencies that receive funds under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) that are, taken as a whole, at least comparable to educational services provided in local educational agencies not receiving such funds. (c) Compliance with court orders A State shall comply with any substantive Federal or State court order in any matter concerning the adequacy or equity of the State’s public school system, to the extent required in the order. 113. State-established standards for opportunity to learn (a) Establishment In carrying out section 112(a), each State educational agency, in consultation with local educational agencies, teachers, principals, pupil services personnel, administrators, other staff, and parents, shall develop standards to describe and measure the extent to which the State provides to the students in each public school and local educational agency in the State each of the opportunity to learn indicators described in section 112(a) in terms of ideal, adequate, and basic levels of such access. (b) Factors for consideration In defining the levels of access required under subsection (a), the State shall consider, in addition to the factors described in section 112(a)— (1) the access available to students in schools in the highest achieving decile of public elementary schools and secondary schools in the State, as determined on the basis of student performance on statewide student academic assessments, including— (A) student academic assessments in reading or language arts, mathematics, and science under section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) ); (B) national student academic assessments of reading and mathematics under the National Assessment of Educational Progress carried out under section 303(a) of the National Assessment of Educational Progress Authorization Act ( 20 U.S.C. 9622(a) ); and (C) State student academic assessments of reading and mathematics under the National Assessment of Educational Progress carried out under section 303(b)(3) of the National Assessment of Educational Progress Authorization Act (20 U.S.C. 9622(b)(3)); (2) the unique needs of low-income, urban and rural, and minority students; and (3) other educationally appropriate factors. (c) Challenging standards The levels of access required under subsection (a) shall be aligned with the challenging State academic content and achievement standards, and the high-quality academic assessments, required under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ). (d) Submission to Secretary A State educational agency shall submit to the Secretary— (1) a description of each of the levels of access required under subsection (a); (2) a description of the level of access of each local educational agency, elementary school, and secondary school in the State to each of the opportunity to learn indicators described in section 112(a), including identification of any such schools that do not provide ideal or adequate levels of access (as defined under subsection (a)); (3) an estimate of the additional cost, if any, of ensuring that the public school system meets the requirements of section 112; and (4) the information required under subparagraphs (B) and (C) of paragraph (1) and paragraph (2)(B) of section 131(b). (e) Publication and dissemination to parents The State annually shall publish the information submitted under subsection (d) and shall disseminate the information to the public and the parents of children attending (or who may attend) public schools in the State, in an understandable and uniform format and, to the extent practicable, in a language that the parents can understand, through such means as the Internet, the media, and public agencies. B State accountability 121. Determination of educationally adequate and inequitable State public school systems (a) Annual determination by Secretary Beginning not later than October 1 of the first full school year after the date of enactment of this Act, the Secretary shall annually determine whether each State meets each of the requirements of section 112. (b) Publication by Secretary The Secretary shall publish and make available to the general public (including by means of the Internet) the determinations under subsection (a). 122. State accountability for improvement of educational opportunity (a) State remediation plan A State determined under section 121 not to meet the requirements of section 112 shall develop and submit to the Secretary, by not later than 1 year after the determination, a remediation plan (which the State may amend to improve the plan or to take into account significantly changed circumstances), as follows: (1) Long-term remediation for Access to opportunity to learn indicators If the State is determined not to meet the requirements under section 112(a) (relating to access to the opportunity to learn indicators), the plan shall provide for the following: (A) A description of the actions the State will take to meet the requirements of section 112(a), by not later than 12 years after the end of the 2003–2004 school year, to provide ideal or adequate access (as defined by the State under section 113) to the opportunity to learn indicators for each public school in the State. (B) A timeline for improvement that includes annual interim goals for increasing the number of public schools and local educational agencies in the State that have ideal or adequate levels of access (as defined by the State under section 113) to each of the opportunity to learn indicators, in order to achieve the required levels of access within the time described in subparagraph (A). (C) Implementation of a single, statewide accountability system to ensure that the State achieves the interim goals described in subparagraph (B). (2) Two-year remediation for comparable educational services If the State is determined not to meet the requirements of section 112(b) (relating to comparable educational services), the plan shall describe the actions the State will take to meet the requirements of such section by not later than 2 school years after submission of the plan. (b) Disapproval of plan The Secretary may disapprove a plan (or amendment) submitted under subsection (a) that the Secretary determines does not meet the requirements of such subsection. 123. Consequences of nonremediation (a) Failure To meet annual interim access goals Notwithstanding any other provision of law and in addition to any other consequence under this section, the Secretary shall withhold 2.75 percent of any funds otherwise available to a State (or a State educational agency) for administration of Federal elementary and secondary education programs for each annual interim goal established under section 122(a)(1)(B) for a fiscal year, or a prior fiscal year, that the Secretary determines the State fails to meet. (b) Continuing failure To provide comparable educational services Notwithstanding any other provision of law and in addition to any other consequence under this section, the Secretary shall withhold from a State determined by the Secretary to continue to fail to meet the requirements of section 112(b) (relating to comparable educational services) at the end of the second school year after a plan is required to be submitted under section 122, up to 33 1/3 percent of funds otherwise available to the State for administration of Federal elementary and secondary education programs. (c) Noncompliance with court orders Notwithstanding any other provision of law and in addition to any other consequence under this section, the Secretary shall withhold from a State determined by the Secretary to fail to meet the requirements of section 112(c) (relating to compliance with court orders) up to 33 1/3 percent of funds otherwise available to the State for the administration of Federal elementary and secondary education programs. (d) Disposition of withheld funds For each State from which funds are withheld under this section, the Secretary shall make a determination whether the State, by not later than 1 year after a determination under subsection (a), (b), or (c), has corrected the condition leading to a withholding of funds and shall distribute withheld funds as follows: (1) If the State corrects a condition leading to a withholding of funds, the Secretary shall make the applicable withheld funds available to the State (or State educational agency). (2) If the State fails to correct a condition leading to a withholding of funds, the Secretary shall allocate the applicable withheld funds to public schools or local educational agencies affected by the State’s failure to make adequate remediation, for the purpose of enabling the school or local educational agency to correct such condition. (e) Temporary waiver The Secretary may grant a request by a State for a waiver of the withholding provisions of subsections (a) through (c) for a total period of not more than 1 year if— (1) the Secretary is satisfied that exceptional circumstances (such as a precipitous decrease in State revenues) prevent a State from complying with the requirements of section 112; and (2) the State’s request describes the manner in which the State will comply with the requirements of section 112 by the end of the waiver period. C Public reporting and remedy 131. Annual report by Secretary on adequacy and equity in State public school systems (a) Annual report to Congress Not later than October 1 of the first full school year after the date of enactment of this Act, the Secretary shall transmit to the Congress a report that provides a detailed analysis of the public school system of each State. (b) Contents of report The analysis under subsection (a) shall include the following information with respect to each State’s public school system: (1) Basic public school system information (A) The number of students, elementary schools, secondary schools, and local educational agencies in the public school system. (B) For each such school and local educational agency, the number and percentage of— (i) children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); and (ii) students, disaggregated by groups described in section 1111(b)(3)(C)(xiii) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3)(C)(xiii) ). (C) For each such school, a statement whether the school is an urban, rural, or mixed school (as defined by the Commissioner for Education Statistics). (D) The average per-pupil expenditure (in actual dollars and adjusted for cost and need) for the State and for each school and local educational agency. (E) The decile ranking of each local educational agency, as measured by achievement in mathematics, reading or language arts, and science on the academic assessments described in subparagraphs (A) and (C) of section 113(b)(1). (2) Success in providing opportunity to learn indicators (A) A description of the ideal, adequate, and basic levels of access established by the State under section 113 to each of the opportunity to learn indicators described under section 112(a). (B) For each school and local educational agency, the following information: (i) The level of access (as established under section 113) of the school or local educational agency to each of the opportunity to learn indicators described in section 112(a). (ii) The percentage of students proficient in mathematics, reading or language arts, and science, as measured through assessments under section 1111(b)(3)(C)(v) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3)(C)(v) ). (iii) Whether the school or local educational agency is making adequate yearly progress under section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2) ). (C) The number and names of each school in the State that does not provide each of the opportunity to learn indicators described in section 112(a) at an ideal or adequate level (as established under section 113). (3) State remediation actions If the State is determined under section 121 not to meet the requirements of section 112— (A) a detailed description and evaluation of— (i) the State’s success in carrying out any remediation plan required to be submitted by the State under section 122; and (ii) any other actions taken, or measures proposed to be taken, by the State to meet the requirements of section 112; and (B) a copy of any remediation plan required to be submitted by the State under section 122 (including any amendments). (4) Effects on academic achievement An analysis of the effects of the average per-pupil expenditure, and the level of access (as provided by the State under section 113) to each of the opportunity to learn indicators described in section 112(a) provided to students in each school and local educational agency on the outcomes of the academic assessments identified in section 113(b)(1). (5) Other information (A) The most recent information submitted by the State under section 113(d). (B) For the year covered by the report, a summary of any changes in the data required in paragraphs (1) and (2) for each of the preceding 3 years (which may be based on such data as are available for the first 3 reports under subsection (a)). (C) Such other information as the Secretary considers useful and appropriate to include. (c) Scope of report The report required under subsection (a) shall cover the school year ending in the calendar year in which the report is required to be submitted. (d) Submission of data to Secretary Each State receiving Federal financial assistance for elementary and secondary education shall submit to the Secretary, at such time and in such manner as the Secretary may reasonably require, such data as the Secretary deems necessary to make a determination under section 121 and to submit the report under this section. Such data shall include the information used to measure the State’s success in providing the opportunity to learn indicators described in section 112(a). (e) Failure To submit data If a State fails to submit the data required to make a determination under section 121— (1) the State shall be deemed to have been determined under such section not to meet the applicable requirements of section 112, until the State submits the data and the Secretary is able to make a determination under such section based on such data; and (2) the Secretary shall— (A) provide, to the extent practicable, the analysis required in subsection (a) for the State based on the best data available to the Secretary; and (B) update the analysis, as necessary, after submission of the data by the State. (f) Publication The Secretary shall publish and make available to the general public (including by means of the Internet) the report required under subsection (a). 132. Civil action for enforcement A student or parent of a student aggrieved by a violation of this Act may bring a civil action against an appropriate official in an appropriate United States district court seeking declaratory and injunctive relief to enforce the requirements of this Act, together with reasonable attorney fees and the costs of the action, without regard to the citizenship of the parties or the amount in controversy. II Effects of educational disparities on economic growth and national defense 201. Effects on economic growth and productivity (a) Study The Commissioner for Education Statistics, in consultation with the Secretaries of Commerce, Labor, and the Treasury, shall conduct a comprehensive study concerning the effects on economic growth and productivity of eliminating disparities in public school systems that do not meet the requirements of section 112. Such study shall include the following: (1) The economic costs to the Nation resulting from the maintenance by States of public school systems that do not meet the requirements of section 112. (2) The economic gains to be expected from the elimination of disparities in public school systems that do not meet the requirements of section 112. (b) Report to Congress Not later than 1 year after the date of enactment of this Act, the Commissioner for Education Statistics shall submit to the Congress a final report detailing the results of the study required under subsection (a). 202. Effects on national defense (a) Study The Commissioner for Education Statistics, in consultation with the Secretary of Defense, shall conduct a comprehensive study concerning the effects on national defense of eliminating disparities in public school systems that do not meet the requirements of section 112. Such study shall include the following: (1) The detriments to national defense resulting from the maintenance by States of public school systems that do not meet the requirements of section 112, including the effects of education deficits arising from low-quality schools on— (A) knowledge and skills necessary for the effective functioning of the Armed Forces; (B) the costs to the Armed Forces of training; and (C) efficiency resulting from the use of sophisticated equipment and information technology. (2) The gains to national defense to be expected from the elimination of disparities in public school systems that do not meet the requirements of section 112. (b) Report to Congress Not later than 1 year after the date of enactment of this Act, the Commissioner for Education Statistics shall submit to the Congress a final report detailing the results of the study required under subsection (a). III General provisions 301. Definitions In this Act: (1) The terms average per-pupil expenditure , core academic subjects , elementary school , highly qualified , local educational agency , parent , pupil services , pupil services personnel , secondary school , and State educational agency each have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) The term public school system means a State’s system of public elementary and secondary education. (3) The term Federal elementary and secondary education programs means programs providing Federal financial assistance for elementary or secondary education, other than programs under the following provisions of law: (A) The Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ). (B) Title III of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6801 et seq. ). (C) The Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (D) The Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.). (4) The term State includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the Virgin Islands, and any other territory or possession of the United States. 302. Notice and opportunity for hearing The Secretary may make an adverse determination under this Act only after notice and opportunity for hearing. 303. Rulemaking The Secretary may prescribe regulations to carry out this Act. 304. Rule of construction Nothing in this Act may be construed to require a jurisdiction to increase property tax or other tax rates or to redistribute revenues from such taxes.

https://www.govinfo.gov/content/pkg/BILLS-113hr378ih/xml/BILLS-113hr378ih.xml

113-hr-379

I 113th CONGRESS 1st Session H. R. 379 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Fattah introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend section 1120A(c) of the Elementary and Secondary Education Act of 1965 to assure comparability of opportunity for educationally disadvantaged students. 1. Short title This Act may be cited as the Fiscal Fairness Act . 2. Purposes The purposes of this Act are as follows: (1) To remedy the inequitable distribution of State and local funds within the areas served by local educational agencies. (2) To reinforce the supplementary intent of funds made available under title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), ensuring that these funds serve their original purpose of subsidizing the increased costs associated with educating students in concentrated poverty. (3) To address the statutory, regulatory, and enforcement weaknesses that have undermined the role of the comparability requirement in ensuring comparability within school districts. (4) To require the inclusion of real teacher salaries in calculations of per-pupil expenditures. (5) To provide sufficient transparency, accountability, and disclosure to allow parents, communities, educators, and local agency officials to ensure students have access to the resources they need to achieve at high levels. 3. Comparability of Expenditures Section 1120A(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6321(c) ) is amended to read as follows: (c) Comparability of Expenditures (1) In general (A) Comparable funding in general Except as provided in paragraphs (4) and (5), a local educational agency may receive funds under this part for a fiscal year only if, for the preceding fiscal year, the average expenditure per pupil of State and local funds in each school served under this part was at least 97 percent of the average expenditure per pupil of State and local funds across all schools served by the local educational agency that are not receiving funds under this part. (B) Comparable funding among title i schools In any case where all of the schools served by a local educational agency receive support under this part, such agency may receive funds under this part for a fiscal year only if, for the preceding fiscal year, the average expenditure per pupil of State and local funds in each higher poverty school is at least 97 percent of the average expenditure per pupil of State and local funds across all lower poverty schools. (2) Equivalence A local educational agency shall be considered to have met the requirements of paragraph (1), and to be eligible to receive funds under this part, if— (A) such agency has filed with the State educational agency current school-by-school listing of per-pupil expenditures of State and local funds for each school served by the agency for the preceding fiscal year; and (B) the listing described in subparagraph (A) demonstrates comparability across schools as required by subparagraph (A) or (B) of paragraph (1). (3) Basis A local educational agency may meet the requirements of paragraph (1) across all schools or among schools serving a particular grade span, if the local educational agency compares schools within not more than three grade spans. (4) Monitoring (A) Regulations by Secretary Not later than 120 days after the date of the enactment of the Fiscal Fairness Act , the Secretary shall issue regulations concerning State educational agencies’ and local educational agencies’ responsibilities for meeting the requirements of this subsection. (B) Regulations by States Not later than 6 months after the date on which the regulations required under subparagraph (A) are issued, each State educational agency receiving funds under this part shall create and distribute to local educational agencies, and make available to the public, regulations on the responsibilities of local educational agencies for meeting the requirements of this subsection. (C) Plan by local educational agencies Not later than 14 months after the date on which regulations required by subparagraph (B) are distributed, each local educational agency receiving funds under this part shall develop and submit to the State educational agency a plan, including a timeline and annual benchmarks, that will ensure comparability as described in paragraph (1) not later than 3 years after the date on which such regulations are distributed. The plan shall be made available to the public. (D) Audit In each of the fourth and fifth years after the date of enactment of the Fiscal Fairness Act , the Inspector General of the Department shall audit 5 States and 10 local educational agencies to determine progress in meeting the requirements of this section. (5) Inapplicability This subsection shall not apply to a local educational agency that does not have more than one building for each grade span. (6) Compliance For the purpose of determining compliance with paragraph (1), a local educational agency— (A) shall exclude State and local funds expended for the excess costs of providing English language instruction for Limited English Proficient students as determined by the local educational agency; (B) shall exclude State and local funds expended for the excess costs of providing services to children with disabilities as determined by the local educational agency; and (C) may exclude supplemental State or local funds expended in any school attendance area or school for programs that meet the intent and purpose of this part. (7) No forced transfers Nothing in this subsection shall be construed to require the forced or involuntary transfer of any school personnel in order to comply with subparagraph (A) or (B) of paragraph (1). (8) Comparability as minimum standard (A) In general Nothing in this subsection shall be construed to limit or discourage the allocation of State or local funds to schools served under this part in excess of 100 percent of the average per-pupil expenditure for schools not served under this part. (B) Exception In the case of a local educational agency subject to the requirements of paragraph (1)(B), nothing shall be construed to discourage the allocation of State and local funds to any higher poverty schools served by the local educational agency in excess of 100 percent of the average per-pupil expenditure in lower poverty schools served by the agency. (9) Public reporting (A) School report cards Beginning with the first academic year that begins after the date of the enactment of the Fiscal Fairness Act , and for each academic year thereafter, each local educational agency shall include on the school report cards required under section 1111(h)(2) the following: (i) The average per-pupil expenditures of State and local funds for the school. (ii) The average per-pupil expenditures of State and local funds for schools in the local educational agency not served under this part or, in the case where all schools in a local educational agency are served under this part, for lower poverty schools. (iii) The mean of average per-pupil expenditures of State and local funds for all schools in the State. (B) Current school-by-school listing Beginning with the first academic year that begins after the date of the enactment of the Fiscal Fairness Act and for each academic year thereafter, the State educational agency shall make publicly available the most current school-by-school listings of per-pupil expenditures of State and local funds submitted by each local educational agency, as required under paragraph (2)(A)(i). (10) Definitions For purposes of this subsection: (A) Expenditures (i) In general The term expenditures means— (I) salary expenditures for classroom teachers, including not only base salaries but also incentive pay, bonuses, and supplemental stipends for mentoring or other additional roles; (II) salary expenditures for instructional and instructional support staff who are not classroom teachers (such as principals, librarians, paraprofessionals, academic coaches, and curriculum specialists), including not only base salaries but also incentive pay, bonuses, and supplemental stipends for mentoring or other additional roles; (III) salary expenditures for noninstructional staff, including student support staff; and (IV) nonpersonnel expenditures such as— (aa) professional development for teachers and other staff; (bb) instructional materials and supplies; (cc) computers, software, and other technology; (dd) contracted services such as distance learning, art, athletics, and technology services; (ee) library books and media center materials; and (ff) such other expenditures as the Secretary of Education may require. (ii) Determinations For purposes of subclauses (I) and (II) of clause (i), in the determination of salary expenditures, salary differentials for years of employment shall be included. (B) Higher poverty school The term higher poverty school means a school that is in the highest three quartiles of schools served by a local educational agency, based on the percentage of enrolled students from low-income families. (C) Lower poverty school The term lower poverty school means a school that is in the lowest quartile of schools served by a local educational agency, based on the percentage of enrolled students from low-income families. .

https://www.govinfo.gov/content/pkg/BILLS-113hr379ih/xml/BILLS-113hr379ih.xml

113-hr-380

I 113th CONGRESS 1st Session H. R. 380 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Fattah introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow a credit against income tax for contributions to a trust used to provide need-based college scholarships. 1. Short title This Act may be cited as the Communities Committed to College Tax Credit Act of 2013 . 2. Credit for contributions to a trust used to provide need-based college scholarships (a) In general Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by adding at the end the following new section: 30E. Contributions to trust used to provide need-based college scholarships (a) Allowance of credit In addition to any deduction allowable under this title, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of designated qualified college scholarship funding contributions made by the taxpayer during the taxable year. (b) Designated qualified college scholarship funding contribution For purposes of this section— (1) In general The term designated qualified college scholarship funding contribution means any charitable contribution (as defined in section 170(c))— (A) which is paid in cash by the taxpayer to a qualified scholarship funding trust, and (B) which is designated by the trust for purposes of this section. (2) Qualified scholarship funding trust The term qualified scholarship funding trust means a trust— (A) which is established and maintained in the United States by an organization— (i) described in section 501(c)(3) and exempt from tax under section 501(a), and (ii) organized primarily for educational purposes, (B) which is part of a plan of one or more local education agencies (as defined in section 9101 of the Elementary and Secondary Education Act of 1965) of the State in which such trust is established and maintained to provide scholarships to children of such agencies, and (C) the written governing instrument of which— (i) requires that the income of the trust be used exclusively to provide qualified scholarships (as defined in section 117(b)) to individuals who— (I) are candidates for a degree at an institution of higher education (within the meaning given such term by section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )), and (II) have demonstrated financial need in accordance with section 471 of such Act ( 20 U.S.C. 1087kk ), and (ii) requires that the assets of the trust not be distributed for any purpose. (c) Limitations (1) In general There is a national qualified college scholarship funding contribution limitation of $1,000,000,000. (2) Allocation of limitation (A) In general Such national limitation shall be allocated by the Secretary among the qualified scholarship funding trusts which have registered with the Secretary on or before the 180th day after the date of the enactment of this section. Each trust’s share of such national limitation shall be the amount which bears the same ratio to such limitation as the number of school age children of such trust’s sponsoring agencies bears to the aggregate number of school age children of the sponsoring agencies of all trusts which have so registered with the Secretary. (B) School age children of sponsoring agencies For purposes of subparagraph (A), the number of school age children of a trust’s sponsoring agencies is the number of children of the local education agencies referred to in subsection (b)(2)(B) who have attained age 5 but not age 18 for the most recent fiscal year ending before the date the allocations under this paragraph are made. (3) Designation subject to allocated limitation amount The amount of contributions made to a qualified scholarship funding trust which may be designated by such trust for purposes of this section shall not exceed the limitation amount allocated to such trust under paragraph (2). (4) Maximum allocation per trust The maximum qualified college scholarship funding contribution limitation which may be allocated to each trust is $200,000,000. An amount which may not be allocated to a trust by reason of the preceding sentence shall be allocated as provided in paragraph (2) among registered qualified scholarship funding trusts whose allocated limitation (without regard to this sentence) does not exceed $200,000,000. (d) Application with other credits (1) Business credit treated as part of general business credit So much of the credit which would be allowed under subsection (a) for any taxable year (determined without regard to this subsection) to a taxpayer engaged in a trade or business shall be treated as a credit listed in section 38(b) for such taxable year (and not allowed under subsection (a)). (2) Personal credit (A) In general For purposes of this title, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall be treated as a credit allowable under subpart A for such taxable year. (B) Limitation based on amount of tax In the case of a taxable year to which section 26(a)(2) does not apply, the credit allowed under subsection (a) for any taxable year (determined after application of paragraph (1)) shall not exceed the excess of— (i) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (ii) the sum of the credits allowable under subpart A (other than this section and sections 23 and 25D) and section 27 for the taxable year. (e) Application of section This section shall apply only to contributions made during the 3-year period beginning on the 180th day after the date of the enactment of this section. . (b) Conforming amendments (1) Section 23(b)(4)(B) of such Code is amended by inserting and 30E after section 25D . (2) Sections 24(b)(3)(B), 25A(i)(5)(B), 25B(g)(2), 26(a)(1), 30(c)(2)(B)(ii), 30B(g)(2)(B)(ii), 904(i), and 1400C(d)(2) of such Code are each amended by striking and 30D and inserting 30D, and 30E . (3) Section 25(e)(1)(C)(ii) of such Code is amended by inserting 30E, after 30D, . (4) Section 30D(c)(2)(B)(ii) of such Code is amended by striking and 25D and inserting , 25D, and 30E . (5) Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the portion of the credit to which section 30E(d)(1) applies. . (6) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 30E. Contributions to trust used to provide need-based college scholarships. . (c) Effective date The amendments made by this section shall apply to contributions made on or after the 180th day after the date of the enactment of this Act in taxable years ending after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr380ih/xml/BILLS-113hr380ih.xml

113-hr-381

I 113th CONGRESS 1st Session H. R. 381 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Fattah 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 require long-term cost benefit analyses of introduced bills. 1. Short title This Act may be cited as the Reinvesting and Ensuring America’s Ability to Lead Act of 2013 . 2. Findings Congress finds the following: (1) The bedrock of the Nation’s economic strength and future growth will be directly attributed to the robust Federal investment in critical areas such as education, science, technology, engineering, and mathematics. (2) Recognizing the importance of education and its role in maintaining America’s position as an economic global leader, President George H.W. Bush stated that U.S. students must be the first in the world in math and science achievement. Every American adult must be a skilled, literate worker and citizen. . (3) As President Bill Clinton recognized when he created the National Economic Council in 1992, The currency of national strength in this new era will be denominated not only in ships and tanks and planes, but in diplomas and patents and paychecks. . (4) Recognizing diplomas and patents will not occur without investing in education, President George W. Bush stated that we must address the low standing of American test scores amongst industrialized nations in math and science, the very subjects most likely to affect our future competitiveness. . (5) Similarly, President Obama has stated that America’s future economic growth and international competitiveness depend on our Nation’s willingness to educate, invest, and innovate. (6) As stated in a recent report from the National Economic Council, the Nation must create the jobs and industries of the future by doing what America does best—investing in the creativity and imagination of our people. To win the future, we must out-innovate, out-educate, and out-build the rest of the world. . (7) Accordingly, Congress should be provided the means to evaluate legislative worth beyond its impact to the annual budget. 3. Amendment to the Congressional Budget Act of 1974 Section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ) is amended by inserting (a) after Sec. 402. and by adding at the end the following new subsection: (b) (1) The Director of the Congressional Budget Office shall, to the extent practicable, prepare a ten-year long-term cost benefit analysis for each introduced bill or resolution of a public character that determines its impact on American global competitiveness as defined by the Congressional Budget Office. (2) The Director of the Congressional Budget Office shall devise criteria to evaluate American global competitiveness, including the bill or resolution’s impact on— (A) job creation; (B) economic growth; (C) consumption; (D) investments; and (E) savings. (3) The analysis referred to in paragraph (1) shall evaluate whether the introduced bill or resolution will positively or negatively impact America’s economic ability to compete globally compared to member nations of the Group of Twenty, or G-20, which comprise of 19 country members and the European Union, accounting 90 percent of global gross domestic product (GDP) and 80 percent of global trade. .

https://www.govinfo.gov/content/pkg/BILLS-113hr381ih/xml/BILLS-113hr381ih.xml

113-hr-382

I 113th CONGRESS 1st Session H. R. 382 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Ms. Foxx (for herself, Mr. Schweikert , Mr. Weber of Texas , Mrs. Blackburn , Mr. LaMalfa , Mr. Gohmert , and Mr. Mulvaney ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for State approval of national monuments, and for other purposes. 1. Short title This Act may be cited as the Preserve Land Freedom For Americans Act . 2. Designation of national monuments The Act of June 8, 1906 ( 16 U.S.C. 431 et seq. ) is amended— (1) in section 2 ( 16 U.S.C. 431 ), by striking Sec. 2. That the and inserting the following: 2. Designation of national monuments After obtaining approval from the Governor and the legislature of each State within the boundaries of which the proposed national monument would be located, the ; and (2) by adding at the end the following: 5. Restrictions on public use The Secretary of the Interior shall not implement any restrictions on the public use of a national monument until the expiration of an appropriate review period (as determined by the Secretary of the Interior) providing for public input and State approval under section 2. .

https://www.govinfo.gov/content/pkg/BILLS-113hr382ih/xml/BILLS-113hr382ih.xml

113-hr-383

I 113th CONGRESS 1st Session H. R. 383 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Gibson (for himself, Mr. Amash , Mr. Benishek , Mr. Brooks of Alabama , Mr. Coffman , Mr. Duncan of Tennessee , Mr. Fitzpatrick , Mr. Fortenberry , Ms. Foxx , Mr. Garamendi , Mr. Gosar , Mr. Johnson of Ohio , Mr. Jordan , Mr. Labrador , Mr. Lankford , Mr. Miller of Florida , Mr. Mulvaney , Mr. Nugent , Mr. Reed , Mr. Ribble , Mr. Rooney , Mr. Ross , Mr. Austin Scott of Georgia , Mr. Shimkus , Mr. Smith of Washington , Mr. Smith of New Jersey , and Mr. Stivers ) introduced the following bill; which was referred to the Committee on Foreign Affairs , 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 amend the War Powers Resolution to limit the use of funds for introduction of the Armed Forces into hostilities, and for other purposes. 1. Short title This Act may be cited as the War Powers Reform Act . 2. Purpose and policy Section 2(c) of the War Powers Resolution ( 50 U.S.C. 1541(c) ) is amended— (1) in the matter preceding paragraph (1), by striking are exercised and inserting may be exercised ; and (2) in paragraph (3), by inserting after attack the following: or imminent threat of attack . 3. Consultation and reporting Section 3 of the War Powers Resolution ( 50 U.S.C. 1542 ) is amended— (1) in the heading, by inserting and reporting after consultation ; (2) by striking The President and inserting the following: (a) Consultation The President ; and (3) by adding at the end the following: (b) Reporting The President in every possible instance shall submit to Congress before introducing United States Armed Forces into hostilities or into situations where imminent involvement in hostilities is clearly indicated by the circumstances a report, in writing, setting forth the estimated scope and duration of the hostilities or involvement. . 4. Reporting Section 4(a) of the War Powers Resolution ( 50 U.S.C. 1543(a) ) is amended by inserting or a specific statutory authorization after a declaration of war . 5. Limitation on use of funds for introduction of Armed Forces into hostilities The War Powers Resolution (50 U.S.C. 1541 et seq.) is amended— (1) by striking sections 5, 6, and 7; (2) by redesignating sections 8, 9, and 10 as sections 6, 7, and 8, respectively; and (3) by inserting after section 4 the following: 5. limitation on use of funds (a) No funds available for the United States Armed Forces may be obligated or expended for introduction of the Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, in the absence of a declaration of war, specific statutory authorization, or a national emergency created by an attack or imminent threat of attack upon the United States, its territories or possessions, or the Armed Forces. (b) It shall not be in order in the House of Representatives or the Senate to consider any bill or joint resolution that would make funds available in violation of subsection (a). .

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113-hr-384

I 113th CONGRESS 1st Session H. R. 384 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Al Green of Texas (for himself, Ms. Bordallo , Mr. Gene Green of Texas , Mr. Grimm , Mr. Hinojosa , Mr. Conyers , Ms. Hahn , Mr. Hastings of Florida , Mr. Holt , Mr. Honda , Ms. Kaptur , Mr. McDermott , Mr. McGovern , Mr. Michaud , Ms. Pingree of Maine , Mr. Rangel , and Mr. Rush ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish the position of Special Assistant for Veterans Affairs in the Department of Housing and Urban Development, and for other purposes. 1. Short title This Act may be cited as the Homes for Heroes Act of 2013 . 2. Special assistant for Veterans Affairs in the Department of Housing and Urban Development Section 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 ) is amended by adding at the end the following new subsection: (g) Special assistant for veterans affairs (1) Establishment There shall be in the Department a Special Assistant for Veterans Affairs, who shall be a special assistant to the Secretary and shall report directly to the Secretary. (2) Appointment The Special Assistant for Veterans Affairs shall be appointed based solely on merit and shall be covered under the provisions of title 5, United States Code, governing appointments in the competitive service. (3) Responsibilities The Special Assistant for Veterans Affairs shall be responsible for— (A) ensuring veterans have fair access to housing and homeless assistance under each program of the Department providing either such assistance; (B) coordinating all programs and activities of the Department relating to veterans; (C) serving as a liaison for the Department with the Department of Veterans Affairs, including establishing and maintaining relationships with the Secretary of Veterans Affairs; (D) serving as a liaison for the Department, and establishing and maintaining relationships with the United States Interagency Council on Homelessness and officials of State, local, regional, and nongovernmental organizations concerned with veterans; (E) providing information and advice regarding— (i) sponsoring housing projects for veterans assisted under programs administered by the Department; or (ii) assisting veterans in obtaining housing or homeless assistance under programs administered by the Department; (F) coordinating with the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs in carrying out section 3 of the Homes for Heroes Act of 2013; and (G) carrying out such other duties as may be assigned to the Special Assistant by the Secretary or by law. . 3. Annual supplemental report on veterans homelessness (a) In general The Secretary of Housing and Urban Development and the Secretary of Veterans Affairs, in coordination with the United States Interagency Council on Homelessness, shall submit annually to the Committees of the Congress specified in subsection (b), together with the annual reports required by such Secretaries under section 203(c)(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11313(c)(1)), a supplemental report that includes the following information with respect to the preceding year: (1) The same information, for such preceding year, that was included with respect to 2010 in the report by the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs entitled Veterans Homelessness: A Supplemental Report to the 2010 Annual Homeless Assessment Report to Congress . (2) Information regarding the activities of the Department of Housing and Urban Development relating to veterans during such preceding year, as follows: (A) The number of veterans provided assistance under the housing choice voucher program for Veterans Affairs supported housing (VASH) under section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ), the socioeconomic characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers. (B) A summary description of the special considerations made for veterans under public housing agency plans submitted pursuant to section 5A of the United States Housing Act of 1937 ( 42 U.S.C. 1437c–1 ) and under comprehensive housing affordability strategies submitted pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 ). (C) A description of the activities of the Special Assistant for Veterans Affairs of the Department of Housing and Urban Development. (D) A description of the efforts of the Department of Housing and Urban Development and the other members of the United States Interagency Council on Homelessness to coordinate the delivery of housing and services to veterans. (E) The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans. (F) Any other information that the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs consider relevant in assessing the programs and activities of the Department of Housing and Urban Development relating to veterans. (b) Committees The Committees of the Congress specified in this subsection are as follows: (1) The Committee on Banking, Housing, and Urban Affairs of the Senate. (2) The Committee on Veterans' Affairs of the Senate. (3) The Committee on Appropriations of the Senate. (4) The Committee on Financial Services of the House of Representatives. (5) The Committee on Veterans' Affairs of the House of Representatives. (6) The Committee on Appropriations of the House of Representatives.

https://www.govinfo.gov/content/pkg/BILLS-113hr384ih/xml/BILLS-113hr384ih.xml

113-hr-385

I 113th CONGRESS 1st Session H. R. 385 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Al Green of Texas (for himself, Mr. Clay , Mr. Cleaver , and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish a pilot program to authorize the Secretary of Housing and Urban Development to make grants to nonprofit organizations to rehabilitate and modify homes of disabled and low-income veterans. 1. Short title This Act may be cited as the Housing Assistance for Veterans Act of 2013 or the HAVEN Act . 2. Definitions In this Act: (1) Disabled The term disabled means an individual with a disability, as defined by section 12102 of title 42, United States Code. (2) Eligible veteran The term eligible veteran means a disabled or low-income veteran. (3) Energy efficient features or equipment The term energy efficient features or equipment means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures. (4) Low-income veteran The term low-income veteran means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary. (5) Nonprofit organization The term nonprofit organization means an organization that is— (A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986; and (B) exempt from tax under section 501(a) of such Code. (6) Primary residence (A) In general The term primary residence means a single family house, a duplex, or a unit within a multiple-dwelling structure that is an eligible veteran’s principal dwelling and is owned by such veteran or a family member of such veteran. (B) Family member defined For purposes of this paragraph, the term family member includes— (i) a spouse, child, grandchild, parent, or sibling; (ii) a spouse of such a child, grandchild, parent, or sibling; or (iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship. (7) Qualified organization The term qualified organization means a nonprofit organization that provides nationwide or statewide programs that primarily serve veterans or low-income individuals. (8) Secretary The term Secretary means the Secretary of Housing and Urban Development. (9) Veteran The term veteran has the same meaning as given such term in section 101 of title 38, United States Code. (10) Veterans service organization The term veterans service organization means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. 3. Establishment of a pilot program (a) Grant (1) In general The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans. (2) Coordination The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans. (3) Maximum grant A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization. (b) Application (1) In general Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under paragraph (2), accompanied by such information as the Secretary may reasonably require. (2) Contents Each application submitted under paragraph (1) shall include— (A) a plan of action detailing outreach initiatives; (B) the approximate number of veterans the qualified organization intends to serve using grant funds; (C) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and (D) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans and serve their needs. (3) Preferences In awarding grants under the pilot program, the Secretary shall give preference to a qualified organization— (A) with experience in providing housing rehabilitation and modification services for disabled veterans; or (B) that proposes to provide housing rehabilitation and modification services for eligible veterans who live in rural areas (the Secretary, through regulations, shall define the term rural areas ). (c) Criteria In order to receive a grant award under the pilot program, a qualified organization shall meet the following criteria: (1) Demonstrate expertise in providing housing rehabilitation and modification services for disabled or low-income individuals for the purpose of making the homes of such individuals accessible, functional, and safe for such individuals. (2) Have established outreach initiatives that— (A) would engage eligible veterans and veterans service organizations in projects utilizing grant funds under the pilot program; and (B) identify eligible veterans and their families and enlist veterans involved in skilled trades, such as carpentry, roofing, plumbing, or HVAC work. (3) Have an established nationwide or statewide network of affiliates that are— (A) nonprofit organizations; and (B) able to provide housing rehabilitation and modification services for eligible veterans. (4) Have experience in successfully carrying out the accountability and reporting requirements involved in the proper administration of grant funds, including funds provided by private entities or Federal, State, or local government entities. (d) Use of funds A grant award under the pilot program shall be used— (1) to modify and rehabilitate the primary residence of an eligible veteran, and may include— (A) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to— (i) accommodate the functional limitations that result from having a disability; or (ii) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling; (B) rehabilitating such residence that is in a state of interior or exterior disrepair; and (C) installing energy efficient features or equipment if— (i) an eligible veteran’s monthly utility costs for such residence is more than 5 percent of such veteran’s monthly income; and (ii) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; (2) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program; and (3) for other purposes as the Secretary may prescribe through regulations. (e) Oversight The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans. (f) Matching funds (1) In general A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization. (2) In-kind contributions In order to meet the requirement under paragraph (1), such organization may arrange for in-kind contributions. (g) Limitation cost to the veterans A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month. (h) Reports (1) Annual report The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written— (A) the number of eligible veterans provided assistance under the pilot program; (B) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity; (C) the total number, types, and locations of entities contracted under such program to administer the grant funding; (D) the amount of matching funds and in-kind contributions raised with each grant; (E) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program; (F) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program; (G) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program; (H) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and (I) any other information that the Secretary considers relevant in assessing such program. (2) Final report Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program. (i) Authorization of appropriations There are authorized to be appropriated for carrying out this Act $4,000,000 for each of fiscal years 2013 through 2017.

https://www.govinfo.gov/content/pkg/BILLS-113hr385ih/xml/BILLS-113hr385ih.xml

113-hr-386

I 113th CONGRESS 1st Session H. R. 386 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Al Green of Texas (for himself, Ms. Bordallo , Mr. Gene Green of Texas , Mr. Grijalva , Mr. Hinojosa , Mr. Conyers , Ms. Hahn , Mr. Hastings of Florida , Mr. Holt , Mr. Honda , Ms. Kaptur , Mr. McDermott , Mr. McGovern , Mr. Michaud , Ms. Pingree of Maine , Mr. Rangel , Mr. Rush , Ms. Moore , and Mr. Serrano ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide housing assistance for very low-income veterans. 1. Short title This Act may be cited as the Homes for Heroes Act of 2013 . 2. Special assistant for Veterans Affairs in Office of Secretary of Housing and Urban Development Section 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 ) is amended by adding at the end the following new subsection: (g) Special assistant for veterans affairs (1) Establishment There shall be in the Department a Special Assistant for Veterans Affairs, who shall be in the Office of the Secretary. (2) Appointment The Special Assistant for Veterans Affairs shall be appointed based solely on merit and shall be covered under the provisions of title 5, United States Code, governing appointments in the competitive service. (3) Responsibilities The Special Assistant for Veterans Affairs shall be responsible for— (A) ensuring veterans have access to housing and homeless assistance under each program of the Department providing either such assistance; (B) coordinating all programs and activities of the Department relating to veterans; (C) serving as a liaison for the Department with the Department of Veterans Affairs, including establishing and maintaining relationships with the Secretary of Veterans Affairs; (D) serving as a liaison for the Department, and establishing and maintaining relationships with officials of State, local, regional, and nongovernmental organizations concerned with veterans; (E) providing information and advice regarding— (i) sponsoring housing projects for veterans assisted under programs administered by the Department; or (ii) assisting veterans in obtaining housing or homeless assistance under programs administered by the Department; (F) preparing the annual report under section 8 of Homes for Heroes Act of 2013; and (G) carrying out such other duties as may be assigned to the Special Assistant by the Secretary or by law. . 3. Supportive housing for very low-income veteran families (a) Purpose The purposes of this section are— (1) to expand the supply of permanent housing for very low-income veteran families; and (2) to provide supportive services through such housing to support the needs of such veteran families. (b) Authority (1) In general The Secretary of Housing and Urban Development shall, to the extent amounts are made available for assistance under this section and the Secretary receives approvable applications for such assistance, provide assistance to private nonprofit organizations and consumer cooperatives to expand the supply of supportive housing for very low-income veteran families. (2) Nature of assistance The assistance provided under paragraph (1)— (A) shall be available for use to plan for and finance the acquisition, construction, reconstruction, or moderate or substantial rehabilitation of a structure or a portion of a structure to be used as supportive housing for very low-income veteran families in accordance with this section; and (B) may also cover the cost of real property acquisition, site improvement, conversion, demolition, relocation, and other expenses that the Secretary determines are necessary to expand the supply of supportive housing for very low-income veteran families. (3) Consultation In meeting the requirement of paragraph (1), the Secretary shall consult with— (A) the Secretary of Veterans Affairs; and (B) the Special Assistant for Veterans Affairs, as such Special Assistant was established under section 4(g) of the Department of Housing and Urban Development Act. (c) Forms of assistance Assistance under this section shall be made available in the following forms: (1) Planning grants Assistance may be provided as a grant for costs of planning a project to be used as supportive housing for very low-income veteran families. (2) Capital advances Assistance may be provided as a capital advance under this paragraph for a project, such advance shall— (A) bear no interest; (B) not be required to be repaid so long as the housing remains available for occupancy by very low-income veteran families in accordance with this section; and (C) be in an amount calculated in accordance with the development cost limitation established pursuant to subsection (i). (3) Project rental assistance Assistance may be provided as project rental assistance, under an annual contract that— (A) obligates the Secretary to make monthly payments to cover any part of the costs attributed to units occupied (or, as approved by the Secretary, held for occupancy) by very low-income veteran families that is not met from project income; (B) provides for the project not more than the sum of the initial annual project rentals for all units so occupied and any initial utility allowances for such units, as approved by the Secretary; (C) provides that any contract amounts not used by a project in any year shall remain available to the project until the expiration of the contract; (D) provides that upon the expiration of each contract term, the Secretary shall adjust the annual contract amount to provide for reasonable project costs, and any increases, including adequate reserves, supportive services, and service coordinators, except that any contract amounts not used by a project during a contract term shall not be available for such adjustments upon renewal; and (E) provides that in the event of emergency situations that are outside the control of the owner, the Secretary shall increase the annual contract amount, subject to reasonable review and limitations as the Secretary shall provide. (d) Tenant rent contribution A very low-income veteran family shall pay as rent for a dwelling unit assisted under this section the highest of the following amounts, rounded to the nearest dollar: (1) Thirty percent of the veteran family's adjusted monthly income. (2) Ten percent of the veteran family's monthly income. (3) If the veteran family is receiving payments for welfare assistance from a public agency and a part of such payments, adjusted in accordance with the veteran family's actual housing costs, is specifically designated by such agency to meet the veteran family's housing costs, the portion of such payments which is so designated. (e) Term of commitment (1) Use limitations All units in housing assisted under this section shall be made available for occupancy by very low-income veteran families for not less than 15 years. (2) Contract terms for project rental assistance (A) Initial term The initial term of a contract entered into under subsection (c)(3) shall be 60 months. (B) Extension The Secretary shall, subject only to the availability of amounts provided in appropriation Acts, renew the contract entered into under subsection (c)(3) for 10 consecutive 1-year terms, the first such term beginning upon the expiration of such 60-month period. (C) Authority of Secretary to make early commitments In order to facilitate the orderly extension of expiring contracts, the Secretary may make commitments to extend expiring contracts during the year prior to the date of expiration. (f) Applications (1) In general Amounts made available under this section shall be allocated by the Secretary among approvable applications submitted by private nonprofit organizations and consumer cooperatives. (2) Content of application (A) In general Applications for assistance under this section shall be submitted by an applicant in such form and in accordance with such procedures as the Secretary shall establish. (B) Required content Applications for assistance under this section shall contain— (i) a description of the proposed housing; (ii) a description of the assistance the applicant seeks under this section; (iii) a description of— (I) the supportive services to be provided to the persons occupying such housing; (II) the manner in which such services will be provided to such persons, including, in the case of frail elderly persons (as such term is defined in section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q )), evidence of such residential supervision as the Secretary determines is necessary to facilitate the adequate provision of such services; and (III) the public or private sources of assistance that can reasonably be expected to fund or provide such services; (iv) a certification from the public official responsible for submitting a housing strategy for the jurisdiction to be served in accordance with section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 ) that the proposed project is consistent with the approved housing strategy; and (v) such other information or certifications that the Secretary determines to be necessary or appropriate to achieve the purposes of this section. (3) Rejection The Secretary shall not reject any application for assistance under this section on technical grounds without giving notice of that rejection and the basis therefore to the applicant. (g) Initial selection criteria and processing (1) Selection criteria The Secretary shall establish selection criteria for assistance under this section, which shall include— (A) criteria based upon— (i) the ability of the applicant to develop and operate the proposed housing; (ii) the need for supportive housing for very low-income veteran families in the area to be served; (iii) the extent to which the proposed size and unit mix of the housing will enable the applicant to manage and operate the housing efficiently and ensure that the provision of supportive services will be accomplished in an economical fashion; (iv) the extent to which the proposed design of the housing will meet the service-connected disability needs of very low-income veteran families; (v) the extent to which the applicant has demonstrated that the supportive services identified pursuant to subsection (f)(2)(B)(iii) will be provided on a consistent, long-term basis; (vi) the extent to which the proposed design of the housing will accommodate the provision of supportive services that are expected to be needed, either initially or over the useful life of the housing, by the very low-income veterans the housing is intended to serve; (vii) the extent to which the applicant has ensured that a service coordinator will be employed or otherwise retained for the housing, who has the managerial capacity and responsibility for carrying out the actions described in clauses (i) and (ii) of subsection (h)(2)(A); and (viii) such other factors as the Secretary determines to be appropriate to ensure that funds made available under this section are used effectively; (B) a preference in such selection for applications proposing housing to be reserved for occupancy by very low-income veteran families who are homeless (as such term is defined in section 103 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)); and (C) criteria appropriate to consider the need for supportive housing for very low-income veteran families in nonmetropolitan areas and by Indian tribes. (2) Delegated processing (A) Delegation to State or local housing authority In issuing a capital advance under this subsection for any project for which financing for the purposes described in subsection (b)(2) is provided by a combination of a capital advance under subsection (c)(2) and sources other than this section, within 30 days of award of the capital advance, the Secretary shall delegate review and processing of such projects to a State or local housing agency that— (i) is in geographic proximity to the property; (ii) has demonstrated experience in and capacity for underwriting multifamily housing loans that provide housing and supportive services; (iii) may or may not be providing low-income housing tax credits in combination with the capital advance under this section; and (iv) agrees to issue a firm commitment within 12 months of delegation. (B) Processing by Secretary The Secretary shall retain the authority to process capital advances in cases in which no State or local housing agency has applied to provide delegated processing pursuant to this paragraph or no such agency has entered into an agreement with the Secretary to serve as a delegated processing agency. (C) Processing fees An agency to which review and processing is delegated pursuant to subparagraph (A) may assess a reasonable fee which shall be included in the capital advance amounts and may recommend project rental assistance amounts in excess of those initially awarded by the Secretary. The Secretary shall develop a schedule for reasonable fees under this subparagraph to be paid to delegated processing agencies, which shall take into consideration any other fees to be paid to the agency for other funding provided to the project by the agency, including bonds, tax credits, and other gap funding. (D) Authority retained by Secretary Under such delegated system, the Secretary shall retain the authority to approve rents and development costs and to execute a capital advance within 60 days of receipt of the commitment from the State or local agency. The Secretary shall provide to such agency and the project sponsor, in writing, the reasons for any reduction in capital advance amounts or project rental assistance and such reductions shall be subject to appeal. (h) Provision of supportive services to veteran families (1) In general The Secretary of Housing and Urban Development shall coordinate with the Secretary of Veterans Affairs to ensure that any housing assistance provided to veterans or veteran families includes a range of services tailored to the needs of the very low-income veteran families occupying such housing, which may include services for— (A) outreach; (B) health (including counseling, mental health, substance abuse, post-traumatic stress disorder, and traumatic brain injury) diagnosis and treatment; (C) habilitation and rehabilitation; (D) case management; (E) daily living; (F) personal financial planning; (G) transportation; (H) vocation; (I) employment and training; (J) education; (K) assistance in obtaining veterans benefits and public benefits; (L) assistance in obtaining income support; (M) assistance in obtaining health insurance; (N) fiduciary and representative payee; (O) legal aid; (P) child care; (Q) housing counseling; (R) service coordination; and (S) other services necessary for maintaining independent living. (2) Local coordination of services (A) In general The Secretary of Housing and Urban Development shall coordinate with the Secretary of the Department of Veterans Affairs to ensure that owners of housing assisted under this section have the managerial capacity to— (i) assess on an ongoing basis the service needs of residents; (ii) coordinate the provision of supportive services and tailor such services to the individual needs of residents; and (iii) seek on a continuous basis new sources of assistance to ensure the long-term provision of supportive services. (B) Classification of costs Any cost associated with this subsection relating to the coordination of services shall be an eligible cost under subsections (c)(3). (i) Development cost limitations (1) In general The Secretary shall periodically establish reasonable development cost limitations by market area for various types and sizes of supportive housing for very low-income veteran families by publishing a notice of the cost limitations in the Federal Register. (2) Considerations The cost limitations established under paragraph (1) shall reflect— (A) the cost of construction, reconstruction, or moderate or substantial rehabilitation of supportive housing for very low-income veteran families that meets applicable State and local housing and building codes; (B) the cost of movables necessary to the basic operation of the housing, as determined by the Secretary; (C) the cost of special design features necessary to make the housing accessible to very low-income veteran families; (D) the cost of community space necessary to accommodate the provision of supportive services to veteran families; (E) if the housing is newly constructed, the cost of meeting the energy efficiency standards promulgated by the Secretary in accordance with section 109 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12709 ); and (F) the cost of land, including necessary site improvement. (3) Use of data In establishing development cost limitations for a given market area under this subsection, the Secretary shall use data that reflect currently prevailing costs of construction, reconstruction, or moderate or substantial rehabilitation, and land acquisition in the area. (4) Community space For purposes of paragraph (2), a community space shall include space for cafeterias or dining halls, community rooms or buildings, workshops, child care, adult day health facilities or other outpatient health facilities, or other essential service facilities. (5) Commercial facilities Neither this section nor any other provision of law may be construed as prohibiting or preventing the location and operation, in a project assisted under this section, of commercial facilities for the benefit of residents of the project and the community in which the project is located, except that assistance made available under this section may not be used to subsidize any such commercial facility. (6) Acquisition In the case of existing housing and related facilities to be acquired, the cost limitations shall include— (A) the cost of acquiring such housing; (B) the cost of rehabilitation, alteration, conversion, or improvement, including the moderate or substantial rehabilitation thereof; and (C) the cost of the land on which the housing and related facilities are located. (7) Annual adjustments The Secretary shall adjust the cost limitation not less than annually to reflect changes in the general level of construction, reconstruction, and moderate and substantial rehabilitation costs. (8) Incentives for savings (A) Special housing account (i) In general The Secretary shall use the development cost limitations established under paragraph (1) or (6) to calculate the amount of financing to be made available to individual owners. (ii) Actual developmental costs less than financing Owners which incur actual development costs that are less than the amount of financing shall be entitled to retain 50 percent of the savings in a special housing account. (iii) Bonus for energy efficiency The percentage established under clause (ii) shall be increased to 75 percent for owners which add energy efficiency features which— (I) exceed the energy efficiency standards promulgated by the Secretary in accordance with section 109 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12709); (II) substantially reduce the life-cycle cost of the housing; and (III) reduce gross rent requirements. (B) Uses The special housing account established under subparagraph (A) may be used— (i) to provide services to residents of the housing or funds set aside for replacement reserves; or (ii) for such other purposes as determined by the Secretary. (9) Design flexibility The Secretary shall, to the extent practicable, give owners the flexibility to design housing appropriate to their location and proposed resident population within broadly defined parameters. (10) Use of funds from other sources An owner shall be permitted voluntarily to provide funds from sources other than this section for amenities and other features of appropriate design and construction suitable for supportive housing under this section if the cost of such amenities is— (A) not financed with the advance; and (B) is not taken into account in determining the amount of Federal assistance or of the rent contribution of tenants. (j) Tenant selection (1) In general An owner shall adopt written tenant selection procedures that are— (A) satisfactory to the Secretary and which are— (i) consistent with the purpose of improving housing opportunities for very low-income veteran families; and (ii) reasonably related to program eligibility and an applicant's ability to perform the obligations of the lease; and (B) compliant with subtitle C of title VI of the Housing and Community Development Act of 1992 (42 U.S.C. 13601 et seq.) and any regulations issued under such subtitle. (2) Notification of rejection Owners shall promptly notify in writing any rejected applicant of the grounds for any rejection. (3) Information regarding housing (A) In general The Secretary shall provide, to the Secretary of Veterans Affairs and the Secretary of Labor, information regarding the availability of the housing assisted under this section. (B) Sharing of information with additional agencies Within 30 days of receipt of the information, the Secretary of Veterans Affairs and Secretary of Labor shall provide such information to agencies in the area of the housing that receive assistance from the Department of Veterans Affairs and the Department of Labor for providing medical care, housing, supportive services or employment and training services to homeless veterans. (k) Miscellaneous provisions (1) Technical assistance The Secretary shall make available appropriate technical assistance to ensure that prospective applicants are able to participate more fully in the program carried out under this section. (2) Civil rights compliance Each owner shall certify, to the satisfaction of the Secretary, that assistance made available under this section will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ), the Fair Housing Act ( 42 U.S.C. 3601 et seq. ), and other Federal, State, and local laws prohibiting discrimination and promoting equal opportunity. (3) Owner deposit (A) In general The Secretary shall require an owner of housing, assisted under this section, to deposit an amount not to exceed $15,000 in a special escrow account to ensure the owner's commitment to the housing. Such amount shall be used only to cover operating deficits during the first three years of operations and shall not be used to cover construction shortfalls or inadequate initial project rental assistance amounts. (B) Reduction of requirement (i) In general The Secretary may reduce or waive the owner deposit specified under subparagraph (A) for individual applicants if the Secretary finds that such waiver or reduction is necessary to achieve the purposes of this section and the applicant demonstrates to the satisfaction of the Secretary that it has the capacity to manage and maintain the housing in accordance with this section. (ii) Nonprofits The Secretary may reduce or waive the requirement of the owner deposit under subparagraph (A) in the case of a nonprofit applicant that is not affiliated with a national sponsor, as determined by the Secretary. (4) Notice of appeal (A) In general The Secretary shall notify an owner not less than 30 days prior to canceling any reservation of assistance provided under this section. (B) Appeal (i) filing deadline During the 30-day period following the receipt of any notice required under subparagraph (A), an owner may appeal the proposed cancellation. (ii) timing of decision Any appeal undertaken under clause (i), including review by the Secretary, shall be completed not later than 45 days after the appeal is filed. (5) Labor (A) In general The Secretary shall take such action as may be necessary to ensure that all laborers and mechanics employed by contractors and subcontractors in the construction of housing with 12 or more units assisted under this section shall be paid wages at rates not less than the rates prevailing in the locality involved for the corresponding classes of laborers and mechanics employed on construction of a similar character, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. (B) Exemption Subparagraph (A) shall not apply to any individual who— (i) performs services for which the individual volunteered; (ii) does not receive compensation for such services or is paid expenses, reasonable benefits, or a nominal fee for such services; and (iii) is not otherwise employed at any time in the construction work. (6) Access to residual receipts (A) In general The Secretary shall authorize the owner of a housing project assisted under this section to use any residual receipts held for the project in excess of $500 per unit (or in excess of such other amount prescribed by the Secretary based on the needs of the project) for activities to retrofit and renovate the project as described under section 802(d)(3) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8011(d)(3) ) or to provide supportive services to residents of the project. (B) Report Any owner that uses residual receipts under this paragraph shall submit to the Secretary a report, not less than annually, describing the uses of the residual receipts. (C) Determination of amount In determining the amount of project rental assistance to be provided to a project under subsection (c)(3) of this section, the Secretary may take into consideration the residual receipts held for the project only if, and to the extent that, excess residual receipts are not used under this paragraph. (7) Occupancy standards and obligations Each owner shall operate housing assisted under this section in compliance with subtitle C of title VI of the Housing and Community Development Act of 1992 ( 42 U.S.C. 13601 et seq. ) and any regulations issued under such subtitle. (8) Use of project reserves (A) In general Amounts for project reserves for a project assisted under this section may be used for costs, subject to reasonable limitations as the Secretary determines appropriate, for reducing the number of dwelling units in the project. (B) Approval of Secretary required Any use described in subparagraph (A) of amounts for project reserves for a project assisted under this section shall be subject to the approval of the Secretary to ensure that such use is designed to retrofit units that are currently obsolete or unmarketable. (9) Repayment of assistance and prevention of undue benefits (A) Repayment If a recipient, or a project sponsor receiving funds from the recipient, receives assistance under subsection (b) for use pursuant to paragraph (2) of such subsection for the construction, acquisition, or rehabilitation of supportive housing for very low-income veteran families and the project ceases to provide permanent housing, the Secretary shall require the recipient, or such project sponsor, to repay the following percentage of such assistance: (i) In the case of a project that ceases to be used for such supportive housing before the expiration of the 10-year period beginning upon commencement of the operation of the project, 100 percent. (ii) In the case of a project that ceases to be used for such supportive housing on or after the expiration of the 10-year period beginning upon commencement of the operation of the project, but before the expiration of the 15-year period beginning upon such commencement, 20 percent of the assistance for each of the years during such 15-year period for which the project fails to provide permanent housing. (B) Prevention of undue benefits Except as provided in paragraph (C), if any property is used for a project that receives assistance under subsection (b) for use pursuant to paragraph (2) of such subsection for the construction, acquisition or rehabilitation of supportive housing for very low-income veteran families, and the sale or other disposition of the property occurs before the expiration of the 15-year period beginning upon commencement of the operation of the project, the recipient (or the project sponsor receiving funds from the recipient) shall comply with such terms and conditions as the Secretary may prescribe to prevent the recipient (or such project sponsor) from unduly benefitting from such sale or disposition. (C) Exception A recipient, or a project sponsor receiving funds from the recipient, shall not be required to make repayments, and comply with the terms and conditions, required under subparagraph (A) or (B) if— (i) the sale or disposition of the property used for the project results in the use of the property for the direct benefit of very-low income persons; (ii) all of the proceeds of the sale or disposition are used to provide permanent housing for very-low income veteran families meeting the requirements of this section; (iii) project-based rental assistance or operating cost assistance from any Federal program or an equivalent State or local program is no longer made available and the project is meeting applicable performance standards, provided that the portion of the project that had benefitted from such assistance continues to meet the tenant income and rent restrictions for low-income units under section 42(g) of the Internal Revenue Code of 1986; or (iv) there are no low-income veteran families in the geographic area of the property who meet the program criteria, in which case the project may serve non-veteran individuals and families having incomes described in subsection (l)(2) of this section. (10) Continued eligibility of very low-income veteran families A veteran family residing in supportive housing assisted under this section may not be considered to lose its status as such a family for purposes of eligibility for continued occupancy in such housing due to the death of any veteran member of the family, including the sole veteran member of the family. (l) Definitions In this section, the following definitions shall apply: (1) Consumer cooperative The term consumer cooperative has the same meaning given such term for purposes of the supportive housing for the elderly program under section 202 of the Housing Act of 1959 (12 U.S.C. 1701q). (2) Very low-income veteran family The term very low-income veteran family means a veteran family whose income does not exceed 50 percent of the median income for the area, as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish an income ceiling higher or lower than 50 percent of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or fair market rents (as determined under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)), or unusually high or low family incomes. (3) Owner The term owner means a private nonprofit organization or consumer cooperative that receives assistance under this section to develop and operate supportive housing for very low-income veteran families. (4) Private nonprofit organization The term private nonprofit organization means— (A) any incorporated private institution or foundation— (i) no part of the net earnings of which inures to the benefit of any member, founder, contributor, or individual; (ii) which has a governing board that is responsible for the operation of the housing assisted under this section; and (iii) which is approved by the Secretary as to financial responsibility; (B) a for-profit limited partnership the sole or managing general partner of which is an organization meeting the requirements under clauses (i), (ii), and (iii) of subparagraph (A) or a corporation meeting the requirements of subparagraph (C); (C) a corporation wholly owned and controlled by an organization meeting the requirements under clauses (i), (ii), and (iii) of subparagraph (A); and (D) a tribally designated housing entity, as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103). (5) Secretary The term Secretary means the Secretary of Housing and Urban Development, except where specifically provided otherwise. (6) State The term State includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the possessions of the United States. (7) Supportive housing for very low-income veteran families The term supportive housing for very low-income veteran families means housing that is designed to accommodate the provision of supportive services that are expected to be needed, either initially or over the useful life of the housing, by the veteran families that the housing is intended to serve. (8) Veteran The term veteran has the meaning given the term in section 101 of title 38, United States Code. (9) Veteran family The term veteran family includes a veteran who is a single person, a family (including families with children) whose head of household (or whose spouse) is a veteran, and one or more veterans living together with one or more persons. (m) Allocation of funds Of any amounts made available for assistance under this section: (1) Planning grants Not more than 2.5 percent shall be available for planning grants in accordance with subsection (c)(1). (2) Capital advances Such sums as may be necessary shall be available for capital advances in accordance with subsection (c)(2). (3) Project rental assistance Such sums as may be necessary shall be available for project rental assistance in accordance with subsection (c)(3). (4) Technical assistance Not more than 1 percent shall be available for technical assistance in accordance with subsection (k)(1). (n) Authorization of appropriations for housing assistance There is authorized to be appropriated for assistance under this section $200,000,000 for fiscal year 2013 and such sums as may be necessary for each fiscal year thereafter. 4. Housing choice vouchers for homeless veterans Section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) is amended to read as follows: (19) Rental vouchers for homeless veterans (A) Additional vouchers In addition to any amount made available for rental assistance under this subsection, the Secretary shall make available the amount specified in subparagraph (B), for use only for providing rental assistance for homeless veterans in conjunction with the Secretary of Veterans Affairs. (B) Amount The amount specified in this subparagraph is, for each fiscal year, the amount necessary to provide not fewer than 20,000 vouchers for rental assistance under this subsection. (C) Continued eligibility of homeless veteran families If any veteran member of a household for which rental assistance is being provided under this paragraph, including the sole veteran member of the household, dies, such household may not be considered, due to such death, to lose its status as the household of a homeless veteran for purposes of— (i) eligibility for continued assistance under this paragraph; or (ii) continued occupancy in the dwelling unit in which such family is residing using such assistance at the time of such death. (D) Funding The budget authority made available under any other provisions of law for rental assistance under this subsection for fiscal year 2013 and each fiscal year thereafter is authorized to be increased in each such fiscal year by such sums as may be necessary to provide the number of vouchers specified in subparagraph (B) for such fiscal year. . 5. Inclusion of veterans in housing planning (a) Public housing agency plans Section 5A(d)(1) of the United States Housing Act of 1937 ( 42 U.S.C. 1437c–1(d)(1) ) is amended by striking and disabled families and inserting , disabled families, and veterans (as such term is defined in section 101 of title 38, United States Code) . (b) Comprehensive housing affordability strategies (1) In general Section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 ) is amended— (A) in subsection (b)(1), by inserting veterans (as such term is defined in section 101 of title 38, United States Code), after acquired immunodeficiency syndrome, ; (B) in subsection (b)(20), by striking and service and inserting veterans service, and other service ; and (C) in subsection (e)(1), by inserting veterans (as such term is defined in section 101 of title 38, United States Code), after homeless persons, . (2) Consolidated plans The Secretary of Housing and Urban Development shall revise the regulations relating to submission of consolidated plans (part 91 of title 24, Code of Federal Regulations) in accordance with the amendments made by paragraph (1) of this subsection to require inclusion of appropriate information relating to veterans and veterans service agencies in all such plans. 6. Exclusion of veterans benefits from assisted housing rent considerations (a) In general Notwithstanding any other provision of law, for purposes of determining the amount of rent paid by a family for occupancy of a dwelling unit assisted under a federally assisted housing program under subsection (b) or in housing assisted under any other federally assisted housing program, the income and the adjusted income of the family shall not be considered to include any amounts received by any member of the family from the Secretary of Veterans Affairs as— (1) compensation, as such term is defined in section 101(13) of title 38, United States Code; and (2) dependency and indemnity compensation, as such term is defined in section 101(14) of such title. (b) Federally assisted housing program The federally assisted housing programs under this subsection are— (1) the public housing program under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.); (2) the tenant-based rental assistance program under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ), including the program under subsection (o)(19) of such section for housing rental vouchers for low-income veteran families; (3) the project-based rental assistance program under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f ); (4) the program for housing opportunities for persons with AIDS under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.); (5) the supportive housing for the elderly program under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q ); (6) the supportive housing for persons with disabilities program under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); (7) the supportive housing for the homeless program under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. ); (8) the program for moderate rehabilitation of single room occupancy dwellings for occupancy by the homeless under section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401); (9) the shelter plus care for the homeless program under subtitle F of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11403 et seq. ); (10) the supportive housing for very low-income veteran families program under section 3 of this Act; (11) the rental assistance payments program under section 521(a)(2)(A) of the Housing Act of 1949 ( 42 U.S.C. 1490a(a)(2)(A) ); (12) the rental assistance program under section 236 of the National Housing Act (12 U.S.C. 1715z–1); (13) the rural housing programs under section 515 and 538 of the Housing Act of 1949 ( 42 U.S.C. 1485 , 1490p–2); (14) the HOME investment partnerships program under title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12721 et seq. ); (15) the block grant programs for affordable housing for Native Americans and Native Hawaiians under titles I through IV and VIII of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4111 et seq. , 4221 et seq.); (16) any other program for housing assistance administered by the Secretary of Housing and Urban Development or the Secretary of Agriculture under which eligibility for occupancy in the housing assisted or for housing assistance is based upon income; (17) low-income housing credits allocated pursuant to section 42 of the Internal Revenue Code of 1986; and (18) tax-exempt bonds issued for qualified residential rental projects pursuant to section 142(d) of the Internal Revenue Code of 1986. 7. Technical assistance grants for housing assistance for veterans (a) In general The Secretary of Housing and Urban Development shall, to the extent amounts are made available in appropriation Acts for grants under this section, make grants to eligible entities under subsection (b) to provide to nonprofit organizations technical assistance appropriate to assist such organizations in— (1) sponsoring housing projects for veterans assisted under programs administered by the Department of Housing and Urban Development; (2) fulfilling the planning and application processes and requirements necessary under such programs administered by the Department; and (3) assisting veterans in obtaining housing or homeless assistance under programs administered by the Department. (b) Eligible entities An eligible entity under this subsection is a nonprofit entity or organization having such expertise as the Secretary shall require in providing technical assistance to providers of services for veterans. (c) Selection of grant recipients The Secretary of Housing and Urban Development shall establish criteria for selecting applicants for grants under this section to receive such grants and shall select applicants based upon such criteria. (d) Funding Of any amounts made available in fiscal year 2013 or any fiscal year thereafter to the Department of Housing and Urban Development for salaries and expenses, $1,000,000 shall be available, and shall remain available until expended, for grants under this section. 8. Annual report on housing assistance to veterans (a) In general Not later than December 31 each year, the Secretary of Housing and Urban Development shall submit a report on the activities of the Department of Housing and Urban Development relating to veterans during such year to the following: (1) The Committee on Banking, Housing, and Urban Affairs of the Senate. (2) The Committee on Veterans' Affairs of the Senate. (3) The Committee on Appropriations of the Senate. (4) The Committee on Financial Services of the House of Representatives. (5) The Committee on Veterans' Affairs of the House of Representatives. (6) The Committee on Appropriations of the House of Representatives. (7) The Secretary of Veterans Affairs. (b) Contents Each report required under subsection (a) shall include the following information with respect to the year for which the report is submitted: (1) The number of very low-income veteran families provided assistance under the program of supportive housing for very low-income veteran families under section 3, the socioeconomic characteristics of such families, the types of assistance provided such families, and the number, types, and locations of owners of housing assisted under such section. (2) The number of homeless veterans provided assistance under the program of housing choice vouchers for homeless veterans under section 8(o)(19) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o)(19) ) (as amended by section 4), the socioeconomic characteristics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers. (3) A summary description of the special considerations made for veterans under public housing agency plans submitted pursuant to section 5A of the United States Housing Act of 1937 ( 42 U.S.C. 1437c–1 ) and under comprehensive housing affordability strategies submitted pursuant to section 105 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 12705 ). (4) A description of the technical assistance provided to organizations pursuant to grants under section 7. (5) A description of the activities of the Special Assistant for Veterans Affairs. (6) A description of the efforts of the Department of Housing and Urban Development to coordinate the delivery of housing and services to veterans with other Federal departments and agencies, including the Department of Defense, Department of Justice, Department of Labor, Department of Health and Human Services, Department of Veterans Affairs, Interagency Council on Homelessness, and the Social Security Administration. (7) The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans. (8) Any other information that the Secretary considers relevant in assessing the programs and activities of the Department of Housing and Urban Development relating to veterans. (c) Assessment of housing needs of very low-Income veteran families (1) In general For the first report submitted pursuant to subsection (a) and every fifth report thereafter, the Secretary of Housing and Urban Development shall— (A) conduct an assessment of the housing needs of very low-income veteran families (as such term is defined in section 3); and (B) shall include in each such report findings regarding such assessment. (2) Content Each assessment under this subsection shall include— (A) conducting a survey of, and direct interviews with, a representative sample of very low-income veteran families (as such term is defined in section 3) to determine past and current— (i) socioeconomic characteristics of such veteran families; (ii) barriers to such veteran families obtaining safe, quality, and affordable housing; (iii) levels of homelessness among such veteran families; and (iv) levels and circumstances of, and barriers to, receipt by such veteran families of rental housing and homeownership assistance; and (B) such other information that the Secretary determines, in consultation with the Secretary of Veterans Affairs and national nongovernmental organizations concerned with veterans, homelessness, and very low-income housing, may be useful to the assessment. (3) Conduct If the Secretary contracts with an entity other than the Department of Housing and Urban Development to conduct the assessment under this subsection, such entity shall be a nongovernmental organization determined by the Secretary to have appropriate expertise in quantitative and qualitative social science research. (4) Funding Of any amounts made available pursuant to section 501 of the Housing and Urban Development Act of 1970 ( 42 U.S.C. 1701z–1 ) for programs of research, studies, testing, or demonstration relating to the mission or programs of the Department of Housing and Urban Development for any fiscal year in which an assessment under this subsection is required pursuant to paragraph (1) of this subsection, $1,000,000 shall be available until expended for costs of the assessment under this subsection.

https://www.govinfo.gov/content/pkg/BILLS-113hr386ih/xml/BILLS-113hr386ih.xml

113-hr-387

I 113th CONGRESS 1st Session H. R. 387 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Gene Green of Texas introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to remove the limitation upon the amount of outside income which an individual may earn while receiving benefits under such title, and for other purposes. 1. Short title This Act may be cited as the Social Security Earnings Test Repeal Act of 2013 . 2. Repeal of provisions relating to deductions on account of work (a) In general Subsections (b), (c)(1), (d), (f), (h), (j), and (k) of section 203 of the Social Security Act ( 42 U.S.C. 403 ) are repealed. (b) Conforming amendments Section 203 of such Act (as amended by subsection (a)) is further amended— (1) in subsection (c), by redesignating such subsection as subsection (b), and— (A) by striking Noncovered Work Outside the United States or in the heading; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; (C) by striking For purposes of paragraphs (2), (3), and (4) and inserting For purposes of paragraphs (1), (2), and (3) ; and (D) by striking the last sentence; (2) in subsection (e), by redesignating such subsection as subsection (c), and by striking subsections (c) and (d) and inserting subsection (b) ; (3) in subsection (g), by redesignating such subsection as subsection (d), and by striking subsection (c) each place it appears and inserting subsection (b) ; and (4) in subsection (l), by redesignating such subsection as subsection (e), and by striking subsection (g) or (h)(1)(A) and inserting subsection (d) . 3. Additional conforming amendments (a) Provisions relating to benefits terminated upon deportation Section 202(n)(1) of the Social Security Act ( 42 U.S.C. 402(n)(1) ) is amended by striking Section 203 (b), (c), and (d) and inserting Section 203(b) . (b) Provisions relating to exemptions from reductions based on early retirement (1) Section 202(q)(5)(B) of such Act ( 42 U.S.C. 402(q)(5)(B) ) is amended by striking section 203(c)(2) and inserting section 203(b)(1) . (2) Section 202(q)(7)(A) of such Act ( 42 U.S.C. 402(q)(7)(A) ) is amended by striking deductions under section 203(b), 203(c)(1), 203(d)(1), or 222(b) and inserting deductions on account of work under section 203 or deductions under section 222(b) . (c) Provisions relating to exemptions from reductions based on disregard of certain entitlements to child’s insurance benefits (1) Section 202(s)(1) of such Act ( 42 U.S.C. 402(s)(1) ) is amended by striking paragraphs (2), (3), and (4) of section 203(c) and inserting paragraphs (1), (2), and (3) of section 203(b) . (2) Section 202(s)(3) of such Act ( 42 U.S.C. 402(s)(3) ) is amended by striking The last sentence of subsection (c) of section 203, subsection (f)(1)(C) of section 203, and subsections and inserting Subsections . (d) Provisions relating to suspension of aliens' benefits Section 202(t)(7) of such Act ( 42 U.S.C. 402(t)(7) ) is amended by striking Subsections (b), (c), and (d) and inserting Subsection (b) . (e) Provisions relating to reductions in benefits based on maximum benefits Section 203(a)(3)(B)(iii) of such Act (42 U.S.C. 403(a)(3)(B)(iii)) is amended by striking and subsections (b), (c), and (d) and inserting and subsection (b) . (f) Provisions relating to penalties for misrepresentations concerning earnings for periods subject to deductions on account of work Section 208(a)(1)(C) of such Act ( 42 U.S.C. 408(a)(1)(C) ) is amended by striking under section 203(f) of this title for purposes of deductions from benefits and inserting under section 203 for purposes of deductions from benefits on account of work . (g) Provisions taking into account earnings in determining benefit computation years Clause (I) in the next to last sentence of section 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) ) is amended by striking no earnings as described in section 203(f)(5) in such year and inserting no wages, and no net earnings from self-employment (in excess of net loss from self-employment), in such year . (h) Provisions relating to rounding of benefits Section 215(g) of such Act (42 U.S.C. 415(g)) is amended by striking and any deduction under section 203(b) . (i) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals The second sentence of section 223(d)(4)(A) of such Act ( 42 U.S.C. 423(d)(4)(A) ) is amended by striking if section 102 of the Senior Citizens Right to Work Act of 1996 had not been enacted and inserting the following: if the amendments to section 203 made by section 102 of the Senior Citizens Right to Work Act of 1996 and by the Social Security Earnings Test Repeal Act of 2011 had not been enacted . (j) Provisions defining income for purposes of SSI Section 1612(a) of such Act ( 42 U.S.C. 1382a(a) ) is amended— (1) by striking as determined under section 203(f)(5)(C) in paragraph (1)(A) and inserting as defined in the last two sentences of this subsection ; and (2) by adding at the end (after and below paragraph (2)(H)) the following: For purposes of paragraph (1)(A), the term wages means wages as defined in section 209, but computed without regard to the limitations as to amounts of remuneration specified in paragraphs (1), (6)(B), (6)(C), (7)(B), and (8) of section 209(a). In making the computation under the preceding sentence, (A) services which do not constitute employment as defined in section 210, performed within the United States by an individual as an employee or performed outside the United States in the active military or naval services of the United States, shall be deemed to be employment as so defined if the remuneration for such services is not includible in computing the individual's net earnings or net loss from self-employment for purposes of title II, and (B) the term wages shall be deemed not to include (i) the amount of any payment made to, or on behalf of, an employee or any of his or her dependents (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) on account of retirement, or (ii) any payment or series of payments by an employer to an employee or any of his or her dependents upon or after the termination of the employee’s employment relationship because of retirement after attaining an age specified in a plan referred to in section 209(a)(11)(B) or in a pension plan of the employer. . (k) Repeal of deductions on account of work under the Railroad Retirement Program (1) In general Section 2 of the Railroad Retirement Act of 1974 (45 U.S.C. 231a) is amended— (A) by striking subsection (f); and (B) by striking subsection (g)(2) and by redesignating subsection (g)(1) as subsection (g). (2) Conforming amendments (A) Section 3(f)(1) of such Act ( 45 U.S.C. 231b(f)(1) ) is amended in the first sentence by striking before any reductions under the provisions of section 2(f) of this Act, . (B) Section 4(g)(2) of such Act ( 45 U.S.C. 231c(g)(2) ) is amended— (i) in clause (i), by striking shall, before any deductions under section 2(g) of this Act, and inserting shall ; and (ii) in clause (ii), by striking any deductions under section 2(g) of this Act and before . 4. Effective date The amendments and repeals made by this Act shall apply with respect to taxable years ending on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr387ih/xml/BILLS-113hr387ih.xml

113-hr-388

I 113th CONGRESS 1st Session H. R. 388 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Griffin of Arkansas (for himself, Mr. Womack , Mr. Crawford , and Mr. Cotton ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the United States courthouse located at 300 West Second Street in Little Rock, Arkansas, as the Morris Sheppard Arnold United States Courthouse . 1. Designation The United States courthouse located at 300 West Second Street in Little Rock, Arkansas, shall be known and designated as the Morris Sheppard Arnold United States Courthouse . 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the United States courthouse referred to in section 1 shall be deemed to be a reference to the Morris Sheppard Arnold United States Courthouse .

https://www.govinfo.gov/content/pkg/BILLS-113hr388ih/xml/BILLS-113hr388ih.xml

113-hr-389

I 113th CONGRESS 1st Session H. R. 389 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Guthrie introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the submission to the Congress of annual reports on the tobacco user fees assessed and collected under section 919 of the Federal Food, Drug, and Cosmetic Act. 1. Short title This Act may be cited as the Transparency in Tobacco User Fees Act of 2013 . 2. Reporting on tobacco user fees Section 919 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 387s ) is amended by adding at the end the following: (f) Reporting (1) In general Beginning with fiscal year 2014, not later than 120 days after the end of each fiscal year for which fees are collected under this section, the Secretary shall, with respect to such fiscal year, prepare and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report concerning such fees. (2) Contents Each report under paragraph (1) shall, with respect to the fiscal year involved, include at a minimum the following: (A) The total amount of fees assessed and collected under this section. (B) A description of how such fees have been, or are intended to be, used. (C) The total amount of fees assessed and collected under this section which have not been obligated. (D) The total amount of fees assessed and collected under this section which have been obligated, but have not been expended. (E) Of the fees assessed and collected under this section, the portion of such fees which have been, or are intended to be, provided to public or private entities outside of the Federal Government. (F) The total number of tobacco products for which an application is received, or an order is issued, under section 910. (G) Of the applications received under section 910— (i) the number of such applications disposed of; and (ii) the number of such applications which remain pending. (H) The total number of modified risk tobacco products (as defined in section 911(b)) for which an application is received, or an order is issued, under section 911. (I) Of the applications received under section 911— (i) the number of such applications disposed of; and (ii) the number of such applications which remain pending. .

https://www.govinfo.gov/content/pkg/BILLS-113hr389ih/xml/BILLS-113hr389ih.xml

113-hr-390

I 113th CONGRESS 1st Session H. R. 390 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Hastings of Florida introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Homeland Security to establish national emergency centers on military installations. 1. Short title This Act may be cited as the National Emergency Centers Establishment Act . 2. Establishment of national emergency centers (a) In general In accordance with the requirements of this Act, the Secretary of Homeland Security shall establish not fewer than 6 national emergency centers on military installations. (b) Purpose of national emergency centers The purpose of a national emergency center shall be to use existing infrastructure— (1) to provide temporary housing, medical, and humanitarian assistance to individuals and families dislocated due to an emergency or major disaster; (2) to provide centralized locations for the purposes of training and ensuring the coordination of Federal, State, and local first responders; and (3) to provide centralized locations to improve the coordination of preparedness, response, and recovery efforts of government, private, and not-for-profit entities and faith-based organizations. 3. Designation of military installations as national emergency centers (a) In general Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall designate not fewer than 6 military installations as sites for the establishment of national emergency centers. (b) Minimum requirements A site designated as a national emergency center shall be— (1) capable of meeting for an extended period of time the housing, health, transportation, education, public works, humanitarian and other transition needs of a large number of individuals affected by an emergency or major disaster; (2) environmentally safe and shall not pose a health risk to individuals who may use the center; (3) capable of being scaled up or down to accommodate major disaster preparedness and response drills, operations, and procedures; (4) capable of housing existing permanent structures necessary to meet training and first responders coordination requirements during nondisaster periods; (5) capable of hosting the infrastructure necessary to rapidly adjust to temporary housing, medical, and humanitarian assistance needs; (6) required to consist of a complete operations command center, including 2 state-of-the-art command and control centers that will comprise a 24/7 operations watch center as follows: (A) one of the command and control centers shall be in full ready mode; and (B) the other shall be used daily for training; and (7) easily accessible at all times and be able to facilitate handicapped and medical facilities, including during an emergency or major disaster. (c) Location of national emergency centers There shall be established not fewer than one national emergency center in each of the following areas: (1) The area consisting of Federal Emergency Management Agency Regions I, II, and III. (2) The area consisting of Federal Emergency Management Agency Region IV. (3) The area consisting of Federal Emergency Management Agency Regions V and VII. (4) The area consisting of Federal Emergency Management Agency Region VI. (5) The area consisting of Federal Emergency Management Agency Regions VIII and X. (6) The area consisting of Federal Emergency Management Agency Region IX. (d) Preference for designation of closed military installations Wherever possible, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall designate a closed military installation as a site for a national emergency center. If the Secretaries of Homeland Security and Defense jointly determine that there is not a sufficient number of closed military installations that meet the requirements of subsections (b) and (c), the Secretaries shall jointly designate portions of existing military installations other than closed military installations as national emergency centers. (e) Transfer of control of closed military installations If a closed military installation is designated as a national emergency center, not later than 180 days after the date of designation, the Secretary of Defense shall transfer to the Secretary of Homeland Security administrative jurisdiction over such closed military installation. (f) Cooperative agreement for joint use of existing military installations If an existing military installation other than a closed military installation is designated as a national emergency center, not later than 180 days after the date of designation, the Secretary of Homeland Security and the Secretary of Defense shall enter into a cooperative agreement to provide for the establishment of the national emergency center. (g) Reports (1) Preliminary report Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site— (A) an outline of the reasons why the site was selected; (B) an outline of the need to construct, repair, or update any existing infrastructure at the site; (C) an outline of the need to conduct any necessary environmental clean-up at the site; (D) an outline of preliminary plans for the transfer of control of the site from the Secretary of Defense to the Secretary of Homeland Security, if necessary under subsection (e); and (E) an outline of preliminary plans for entering into a cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f). (2) Update report Not later than 120 days after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site— (A) an update on the information contained in the report as required by paragraph (1); (B) an outline of the progress made toward the transfer of control of the site, if necessary under subsection (e); (C) an outline of the progress made toward entering a cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f); and (D) recommendations regarding any authorizations and appropriations that may be necessary to provide for the establishment of a national emergency center at the site. (3) Final report Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security, acting jointly with the Secretary of Defense, shall submit to Congress a report that contains for each designated site— (A) finalized information detailing the transfer of control of the site, if necessary under subsection (e); (B) the finalized cooperative agreement for the establishment of a national emergency center at the site, if necessary under subsection (f); and (C) any additional information pertinent to the establishment of a national emergency center at the site. (4) Additional reports The Secretary of Homeland Security, acting jointly with the Secretary of Defense, may submit to Congress additional reports as necessary to provide updates on steps being taken to meet the requirements of this Act. 4. Limitations on statutory construction This Act does not— (1) affect the authority of the Federal Government to provide emergency or major disaster assistance or to implement any disaster mitigation and response program, including any program authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ); (2) affect the authority of a State or local government to respond to an emergency; or (3) authorize any Federal officer or employee to— (A) force an individual to enter a national emergency center; or (B) prevent an individual from leaving a national emergency center. 5. Authorization of appropriations There is authorized to be appropriated $180,000,000 for each of fiscal years 2014 and 2015 to carry out this Act. Such funds shall remain available until expended. 6. Definitions In this Act, the following definitions apply: (1) Closed military installation The term closed military installation means a military installation, or portion thereof, approved for closure or realignment under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note) that meet all, or 2 out of the 3 following requirements: (A) Is located in close proximity to a transportation corridor. (B) Is located in a State with a high level or threat of disaster related activities. (C) Is located near a major metropolitan center. (2) Emergency The term emergency has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (3) Major disaster The term major disaster has the meaning given such term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ). (4) Military installation The term military installation has the meaning given such term in section 2910 of the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510 ; 10 U.S.C. 2687 note).

https://www.govinfo.gov/content/pkg/BILLS-113hr390ih/xml/BILLS-113hr390ih.xml

113-hr-391

I 113th CONGRESS 1st Session H. R. 391 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Ms. Herrera Beutler (for herself and Mr. Griffith of Virginia ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , 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 provide for a 10 percent reduction in pay for Members of Congress, the President, and the Vice President. 1. Short title; findings (a) Short Title This Act may be cited as the Savings Start With Us Act of 2013 . (b) Findings Congress finds the following: (1) It is important to bring the Nation’s spending under control and balance the budget. (2) Taxpayers all over the Nation are making do with less money. (3) Congress has asked Federal agencies to make major cuts to their budgets. (4) Members of Congress must do their share to cut spending and reduce their salaries. 2. Reduction in pay for Members of Congress (a) Reduction Notwithstanding any other provision of law, the annual rate of pay for each Member of Congress shall be equal to— (1) for pay periods occurring during 2015, the applicable rate in effect for pay periods occurring during 2013 reduced by 10 percent, rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100); and (2) for subsequent pay periods, the applicable rate during 2015, subject to adjustment under paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31(2) ). (b) Member of Congress defined For purposes of 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 ). 3. Reduction in pay for President and Vice President (a) President (1) Reduction Section 102 of title 3, United States Code, is amended by striking $400,000 and inserting $360,000 . (2) Effective date The amendment made by paragraph (1) shall apply to pay periods beginning on or after January 1, 2015. (b) Vice President Notwithstanding any other provision of law, the per annum rate of salary for the Vice President of the United States shall be equal to— (1) for pay periods occurring during 2015, the applicable rate in effect for pay periods occurring during 2013 reduced by 10 percent, rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100); and (2) for subsequent pay periods, the applicable rate during 2015, subject to adjustment under section 104(a) of title 3, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr391ih/xml/BILLS-113hr391ih.xml

113-hr-392

I 113th CONGRESS 1st Session H. R. 392 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Honda (for himself, Mr. Conyers , Mr. Grijalva , Ms. McCollum , Ms. Moore , Mrs. Napolitano , Mr. Polis , and Mr. Van Hollen ) 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 local educational agencies to release secondary school student information to military recruiters if the student’s parent provides written consent for the release, and for other purposes. 1. Short title This Act may be cited as the Student Privacy Protection Act of 2009 . 2. Access by military recruiters to secondary school student information (a) Amendments Section 9528 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7908 ) is amended— (1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively; (2) by inserting before subsection (b) (as so redesignated) the following: (a) Military Recruiters (1) Access to student recruiting information Notwithstanding section 503(c) of title 10, United States Code, each local educational agency receiving assistance under this Act shall provide, on a request made by military recruiters, access to the name, address, and telephone listing of each secondary student served by the agency if the parent of the student involved has provided written consent to the agency for the release of such information to military recruiters. (2) Notice; opportunity to consent A local educational agency receiving assistance under this Act shall— (A) notify the parent of each secondary school student served by the agency of the option to consent to the release of the student’s name, address, and telephone listing to military recruiters; and (B) give the parent an opportunity to provide such consent in writing. ; (3) in subsection (b) (as so redesignated)— (A) by striking Policy .— and inserting Institutions of Higher Education .— ; and (B) in paragraph (1), by striking military recruiters or ; and (4) by transferring paragraph (3) of subsection (b) (as so redesignated) from the end of such subsection to the end of subsection (a) (as added by paragraph (2)). (b) Application The amendments made by this Act apply only with respect to school years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr392ih/xml/BILLS-113hr392ih.xml

113-hr-393

I 113th CONGRESS 1st Session H. R. 393 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Honda introduced the following bill; which was referred to the Committee on the Judiciary A BILL To consolidate, improve, and reauthorize programs that support families and victims in the justice system affected by domestic violence. 1. Short title; Findings (a) Short title This Act may be cited as the Domestic Violence Judicial Support Act of 2013 . (b) Findings The Congress finds as follows: (1) The 2010 National Survey by the Centers for Disease Control and Prevention found that 1 in 4 women have been the victim of severe physical violence by an intimate partner, while 1 in 7 men experienced severe physical violence by an intimate partner. Female victims of intimate partner violence experienced different patterns of violence than male victims. Female victims experienced multiple forms of these types of violence; male victims most often experienced physical violence. (2) A critical issue in domestic violence cases is the risk of continued victimization during the pretrial period. Offenders may violate no-contact orders, further injure victims, or intimidate them. Such occurrences highlight a critical need for efficiency in court proceedings. (3) Of 3,750 intimate partner violence cases filed in State courts in 16 large urban counties in 2002, children were present during the violent incident in 36 percent of the cases. Of those children who were present, 60 percent directly witnessed the violence. Court collection of information and statistics related to children who witnessed a violent incident between intimate partners assists courts in identifying children in need of services as a result of such an incident. (4) Domestic violence cases involving spouses and other intimate partners often entail complex processes that require careful consideration by the criminal justice system. In the 1990s, many jurisdictions began to create specialized domestic violence courts for judges to ensure follow-through on cases, aid domestic violence victims, and hold offenders accountable, with the assistance of justice and social service agencies. By specializing in domestic violence offenses, these courts aim to process cases more efficiently and deliver more consistent rulings about domestic violence statutes. Some domestic violence courts also incorporate a stronger focus on rehabilitation of offenders and deterrence of repeat offenses. These courts can also be more sensitive to the needs of victims and be able to direct victims to additional community resources. (5) One-third of violent felony defendants in State criminal courts have been charged with domestic violence. (6) Teen dating violence cases are best handled by courts who have had the training to make informed decisions and have the resources to make services available, on-site and in the community, including— (A) counseling; (B) victim witness services; (C) assistance with civil restraining orders, paternity determinations, custody and access orders, and child support orders; and (D) locating other assistance needed by teen victims. (7) There are more than 400,000 children in foster care in the United States. Congress has charged juvenile courts with oversight of child welfare cases. Highly trained and engaged judges focused on effective case oversight and system reform have been shown to save significant foster care costs for the States. (8) A 2009 study by the Department of Justice found that Kentucky saved $85,000,000 in one year through the issuance of protection orders and the reduction in violence resulting from the issuance of such orders. Examples such as this are prevalent across the Nation. (9) Children with a Court Appointed Special Advocate volunteer experience fewer out of home placements, are less likely to age out of foster care without a permanent home, and have significantly improved education performance, compared to their peers without a volunteer advocate. (10) By reducing long-term foster care placements, subsequent victimization, and reentry into the foster care system, the Court Appointed Special Advocate program substantially reduces child welfare costs. 2. Consolidation of grants to support families and victims in the justice system (a) In general Title III of division B of the Victims of Trafficking and Violence Protection Act of 2000 ( Public Law 106–386 ; 114 Stat. 1509) is amended by striking the section preceding section 1302 ( 42 U.S.C. 10420 ), as amended by section 306 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 ( Public Law 109–162 ; 119 Stat. 316), and inserting the following: 1301. Court training and supervised visitation improvements (a) In general The Attorney General may make grants to States, units of local government, courts (including juvenile courts), Indian tribal governments, nonprofit organizations, legal services providers, and victim services providers to improve the response of all aspects of the civil and criminal justice system to families and victims with a history of domestic violence, dating violence, sexual assault, or stalking, or in cases involving allegations of child sexual abuse. (b) Use of funds A grant under this section may be used to— (1) provide supervised visitation and safe visitation exchange of children and youth by and between parents in situations involving domestic violence, dating violence, child sexual abuse, sexual assault, or stalking; (2) develop and promote State, local, and tribal legislation, policies, and best practices for improving civil and criminal court functions, responses, practices, and procedures in cases involving a history of domestic violence, dating violence, sexual assault, or stalking, or in cases involving allegations of child sexual abuse, including cases in which the victim proceeds pro se; (3) educate court-based and court-related personnel (including custody evaluators and guardians ad litem) and child protective services workers on the dynamics of domestic violence, dating violence, sexual assault (including child sexual abuse), and stalking, including information on perpetrator behavior, evidence-based risk factors for domestic and dating violence homicide, and on issues relating to the needs of victims, including safety, security, privacy, and confidentiality, including cases in which the victim proceeds pro se; (4) provide appropriate resources in juvenile court matters to respond to dating violence, domestic violence, sexual assault (including child sexual abuse), and stalking and ensure necessary services dealing with the health and mental health of victims are available; (5) enable courts or court-based or court-related programs to develop or enhance— (A) court infrastructure (such as specialized courts, consolidated courts, dockets, intake centers, or interpreter services); (B) community-based initiatives within the court system (such as court watch programs, victim assistants, pro se victim assistance programs, or community-based supplementary services); (C) offender management, monitoring, and accountability programs; (D) safe and confidential information-storage and information-sharing databases within and between court systems; (E) education and outreach programs to improve community access, including enhanced access for underserved populations; and (F) other projects likely to improve court responses to domestic violence, dating violence, sexual assault, and stalking; (6) provide civil legal assistance and advocacy services, including legal information and resources in cases in which the victim proceeds pro se, to— (A) victims of domestic violence, dating violence, sexual assault, or stalking; and (B) nonoffending parents in matters— (i) that involve allegations of child sexual abuse; (ii) that relate to family matters, including civil protection orders, custody, and divorce; and (iii) in which the other parent is represented by counsel; (7) collect data and provide training and technical assistance, including developing State, local, and tribal model codes and policies, to improve the capacity of grantees and communities to address the civil and criminal justice needs of victims of domestic violence, dating violence, sexual assault, and stalking who have legal representation, who are proceeding pro se, or are proceeding with the assistance of a legal advocate; and (8) improve training and education to assist judges, judicial personnel, attorneys, child welfare personnel, and legal advocates in the civil, criminal, and juvenile justice systems. (c) Considerations (1) In general In making grants for purposes described in paragraphs (1) through (7) of subsection (b) , the Attorney General shall consider— (A) the number of families and victims to be served by the proposed programs and services; (B) the extent to which the proposed programs and services serve underserved populations; (C) the extent to which the applicant demonstrates cooperation and collaboration with nonprofit, nongovernmental entities in the local community with demonstrated histories of effective work on domestic violence, dating violence, sexual assault, or stalking, including State or tribal domestic violence coalitions, State or tribal sexual assault coalitions, local shelters, and programs for domestic violence and sexual assault victims; and (D) the extent to which the applicant demonstrates coordination and collaboration with State, tribal, and local court systems, including mechanisms for communication and referral. (2) Other grants In making grants under paragraph (8) of subsection (b) , the Attorney General shall consider the extent to which the applicant has experience providing training, education, or other assistance to the judicial system related to family violence, child custody, child abuse and neglect, adoption, foster care, supervised visitation, divorce, and parentage. (d) Applicant requirements The Attorney General may make a grant under this section to an applicant that— (1) demonstrates expertise in the areas of domestic violence, dating violence, sexual assault, stalking, or child sexual abuse, as appropriate; (2) ensures that any fees charged to individuals for use of supervised visitation programs and services are based on the income of those individuals, unless otherwise provided by court order; (3) for a court-based program, certifies that victims of domestic violence, dating violence, sexual assault, or stalking are not charged fees or any other costs related to the filing, petitioning, modifying, issuance, registration, enforcement, withdrawal, or dismissal of matters relating to the domestic violence, dating violence, sexual assault, or stalking; (4) demonstrates that adequate security measures, including adequate facilities, procedures, and personnel capable of preventing violence, and adequate standards are, or will be, in place (including the development of protocols or policies to ensure that confidential information is not shared with courts, law enforcement agencies, or child welfare agencies unless necessary to ensure the safety of any child or adult using the services of a program funded under this section), if the applicant proposes to operate supervised visitation programs and services or safe visitation exchange; (5) certifies that the organizational policies of the applicant do not require mediation or counseling involving offenders and victims being physically present in the same place, in cases where domestic violence, dating violence, sexual assault, or stalking is alleged; (6) certifies that any person providing legal assistance through a program funded under this section has completed or will complete training on domestic violence, dating violence, sexual assault, and stalking, including child sexual abuse, and related legal issues; and (7) certifies that any person providing custody evaluation or guardian ad litem services through a program funded under this section has completed or will complete training developed with input from and in collaboration with a tribal, State, territorial, or local domestic violence, dating violence, sexual assault, or stalking organization or coalition on the dynamics of domestic violence and sexual assault, including child sexual abuse, that includes training on how to review evidence of past abuse and the use of evidenced-based theories to make recommendations on custody and visitation. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section, $22,000,000 for each of the fiscal years 2014 through 2018. Amounts appropriated pursuant to this subsection shall remain available until expended. . 3. Court-appointed special advocate program Subtitle B of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13011 et seq. ) is amended— (1) in section 216 (42 U.S.C. 13012), by striking January 1, 2010 and inserting January 1, 2016 ; (2) in section 217 (42 U.S.C. 13013)— (A) in subparagraph (A) of subsection (c)(2), by striking Code of Ethics and inserting Standards for Programs ; and (B) by adding at the end the following: (e) Reporting by grantees An organization that receives a grant under this section for a fiscal year shall submit to the Administrator a report regarding the use of the grant for the fiscal year, including a discussion of outcome performance measures (which shall be established by the Administrator) to determine the effectiveness of the programs of the organization in meeting the needs of children in the child welfare system. ; and (3) in subsection (a) of section 219 ( 42 U.S.C. 13014 ), by striking fiscal years 2007 through 2011 and inserting the fiscal years 2014 through 2018 . 4. Reauthorization of the child abuse training programs for judicial personnel and practitioners Subsection (a) of section 224 of the Victims of Child Abuse Act of 1990 ( 42 U.S.C. 13024 ) is amended to read as follows: (a) Authorization There is authorized to be appropriated to carry out this subtitle $2,300,000 for each of the fiscal years 2014 through 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr393ih/xml/BILLS-113hr393ih.xml

113-hr-394

I 113th CONGRESS 1st Session H. R. 394 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Honda introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committees on Energy and Commerce , Ways and Means , and Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure the development and responsible stewardship of nanotechnology. 1. Short title This Act may be cited as the Nanotechnology Advancement and New Opportunities Act . I Investment in Nanotechnology Industry 101. Nanomanufacturing Investment Partnership (a) Establishment If $100,000,000 is made available for such purposes from the private sector within 2 years after the date of enactment of this Act, the Secretary of Commerce shall establish the Nanomanufacturing Investment Partnership, in partnership with such private sector investors. (b) Purpose The Nanomanufacturing Investment Partnership shall provide funding for precommercial nanomanufacturing research and development projects, but not for basic research projects, through funding mechanisms described in subsection (c) in a manner so as to advance the commercialization of nanomanufacturing technologies to address critical scientific and engineering needs of national importance, especially with respect to projects that would not be adequately funded or pursued by the private sector or pursuant to the 21st Century Nanotechnology Research and Development Act or other law, and to increase the commercial application of federally supported research results. To the extent that a sufficient number of viable applications have been submitted, at least 85 percent of the funding provided by the Nanomanufacturing Investment Partnership under this section shall be provided to startup companies. (c) Funding mechanisms The Nanomanufacturing Investment Partnership may provide funding through direct investment in nanomanufacturing firms, contracts, loans or loan guarantees, unsecured subordinated debt, or any other mechanism designed to advance nanomanufacturing technologies. (d) Return on investment (1) Requirement Each transaction through which the Nanomanufacturing Investment Partnership provides funding under subsection (c) shall provide for the return to the Nanomanufacturing Investment Partnership of fair and reasonable amounts resulting from the commercialization of technologies developed with the funding provided by the Nanomanufacturing Investment Partnership. (2) Distribution Amounts received by the Nanomanufacturing Investment Partnership pursuant to paragraph (1) shall be distributed as follows: (A) Except as provided in subparagraph (B), amounts shall be distributed to all investors in the Nanomanufacturing Investment Partnership, including the Federal Government, in proportion to their monetary contribution to the Nanomanufacturing Investment Partnership. (B) After the total monetary investment of the Federal Government has been recovered under subparagraph (A), the Federal share of distributions under this paragraph shall be reduced to 7 percent of the proportional distribution under subparagraph (A), and the remaining amounts shall be distributed proportionately to all non-Federal investors. (e) Cost sharing Each applicant for funding assistance from the Nanomanufacturing Investment Partnership for a project shall be required to provide a portion of the cost of the project. (f) Administration The Secretary of Commerce, based on guidance from the Advisory Board established under subsection (i), shall make awards of funding under this section. The Advisory Board may obtain additional peer review in preparing guidance for the Secretary under this subsection. (g) Progress reports The Nanomanufacturing Investment Partnership shall require periodic project progress reports from recipients of funding under this section. (h) Advisory board (1) Establishment The Secretary of Commerce shall establish an Advisory Board to assist the Secretary in carrying out this section, including by establishing requirements for progress reports under subsection (g). The Advisory Board shall consist of— (A) representatives of each investor providing more than $10,000,000 to the Nanomanufacturing Investment Partnership, whose votes shall— (i) be distributed proportional to the size of their investment in the Nanomanufacturing Investment Partnership; and (ii) collectively amount to 40 percent of the votes on the Advisory Board; and (B) independent experts on nanomanufacturing and finance appointed by the President from among representatives of government, industry, and academia, whose votes shall collectively amount to 60 percent of the votes on the Advisory Board. (2) Terms Members of the Advisory Board appointed under paragraph (1)(A) shall be appointed for 3-year terms, except that the President shall make some initial appointments for terms of 1 year and some for terms of 2 years, in order to ensure continuity of membership on the Advisory Board. (i) Authorization of appropriations There are authorized to be appropriated to the Secretary of Commerce for the Nanomanufacturing Investment Partnership $300,000,000, to remain available until expended. 102. Tax credit for investment in nanotechnology firms (a) In General Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: J Nanotechnology Development Credit 54I. Credit for purchase of nanotechnology developer stock (a) Allowance of Credit (1) In general There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the applicable percentage of the aggregate amount paid by the taxpayer for the purchase of qualified nanotechnology developer stock. (2) Applicable percentage For purposes of subsection (a), the applicable percentage is— (A) 5.25 percent for the taxable year in which the qualified nanotechnology developer stock is purchased, (B) 3.75 percent for the taxable year following the year in which such stock is purchased, (C) 3 percent for the second taxable year following the year in which such stock is purchased, (D) 1.5 percent for the third taxable year following the year in which such stock is purchased, (E) 1.5 percent for fourth taxable year following the year in which such stock is purchased, and (F) 0 percent for any taxable year after the fourth taxable year following the year in which such stock is purchased. (b) Limitations (1) Amount of investment eligible No credit shall be allowed under subsection (a) with respect to amounts paid in any taxable year for the purchase of qualified nanotechnology developer stock which is in excess of $10,000,000. (2) Application with other credits The credit allowed under subsection (a) for any taxable year shall not exceed the excess of— (A) the regular tax for the taxable year reduced by the sum of the credits allowable under this part (other than subpart C thereof), over (B) the tentative minimum tax for the taxable year. (c) Qualified Nanotechnology Developer Stock For purposes of this section— (1) In general The term qualified nanotechnology developer stock means any common stock in a C corporation or any membership unit in a State-registered limited liability company if— (A) as of the date of issuance of such stock or membership unit, such corporation or company is a qualified nanotechnology developer, (B) such stock is acquired by the taxpayer at its original issue (directly or through an underwriter) in exchange for money or other property (not including stock), and (C) the proceeds of such issue are used by such issuer during the 5-year period beginning on the date of issuance for the development, production, or sale of products using nanotechnology. (2) Qualified nanotechnology developer The term qualified nanotechnology developer means any entity— (A) which is a C corporation or limited liability company organized under the laws of any State or of the United States, (B) which is a small business concern (as defined in section 3(a) of the Small Business Act), and (C) with respect to which a certification under subsection (d) is in effect. (3) Nanotechnology The term nanotechnology means the science of understanding and manipulating matter on an atomic or molecular scale, generally to create structures, and usually at a size smaller than 100 nanometers. (d) Certification (1) In general The Secretary, in consultation with the National Nanotechnology Coordination Office, shall certify an entity under this subsection if such entity demonstrates by the submission of such information as required by the Secretary that not less than 51 percent of its activities relate to the development, production, and sale of products using nanotechnology. (2) Revocation The Secretary shall revoke the certification of any entity which is certified under paragraph (1) if the Secretary determines that— (A) the proceeds from any qualified nanotechnology developer stock issued by such entity are used during the 5-year period following such issue for a purpose other than the development, production, or sale of products using nanotechnology, or (B) such entity no longer meets the requirements of paragraph (1). (3) Submission of information The Secretary may require any entity certified under paragraph (1) to provide such information as the Secretary may require in order ensure compliance with the purposes of this section. (e) Carryover of Unused Credit (1) In general If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (h) for such taxable year, such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. (2) Rules Rules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1). (f) Recapture of Credit If— (1) the taxpayer fails to hold qualified nanotechnology developer stock for the 7-year period beginning on the date such stock was purchased by the taxpayer, or (2) during such 7-year period, the issuer of such stock ceases to be a qualified nanotechnology developer, then notwithstanding any other provision of this subtitle, the tax imposed by this chapter on the taxpayer for the taxable year beginning in the calendar year in which such cessation occurred shall be increased by the aggregate amount of credit allowed under subsection (a) to the taxpayer with respect to such stock. (g) Special Rule For purposes of this section, rules similar to the rules of section 1202(c)(3) shall apply. (h) Basis Adjustments For purposes of this subtitle, if a credit is allowed under this section for the purchase of any stock— (1) the increase in the basis of such stock which would (but for this subsection) result from such purchase shall be reduced by the amount of the credit so allowed, and (2) the basis of such stock shall be increased by the amount of any increase in tax by reason of subsection (f). . (b) Conforming Amendment Subsection (a) of section 1016 of such Code is amended by striking and at the end of paragraph (36), by striking the period at the end of paragraph (37) and inserting ; and , and by adding at the end the following new paragraph: (38) to the extent provided in section 54I(h), in the case of amounts with respect to which a credit has been allowed under section 54I or a recapture imposed under section 54I(f). . (c) Clerical Amendment The table of subparts for part IV is amended by adding at the end the following new item: SUBPART J—NANOTECHNOLOGY DEVELOPMENT CREDIT . (d) Effective Date The amendments made by this section shall apply to amounts paid after December 31, 2010. 103. Nanotechnology assistance (a) Definitions In this section: (1) Commercialization The term commercialization means the process of converting nanotechnology research into products and processes that are used in the marketplace. (2) Degree-granting institution The term degree-granting institution means an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), that awards an associate or baccalaureate degree. (3) Incubator The term incubator means an entity affiliated with or housed in a degree-granting institution that provides space and coordinated and specialized services to entrepreneurial businesses that work in the field of nanotechnology commercialization and that meets selected criteria during the businesses’ startup phase, including providing services such as shared office space and services, access to equipment, access to telecommunications and technology services, flexible leases, specialized management assistance, access to financing, and other coordinated business or technical support services. (4) Nanotechnology The term nanotechnology means the science of understanding and manipulating matter on an atomic or molecular scale, generally to create structures, and usually at a size smaller than 100 nanometers. (5) Secretary The term Secretary means the Secretary of Commerce. (b) Grants Authorized (1) In general The Secretary is authorized to establish within the Technology Administration of the Department of Commerce a grant program to support the establishment and development of incubators. (2) Allocation of funds From the amount appropriated pursuant to the authorization of appropriations in subsection (e) for a fiscal year, the Secretary— (A) shall use 80 percent of such amount to— (i) make awards, on a competitive basis, in amounts of up to $2,500,000, to help acquire or renovate space for incubators; and (ii) make awards, on a competitive basis, in amounts of $50,000 to $150,000, for— (I) developing curricula related to nanotechnology; (II) providing services for commercialization, including preparing providing services to appropriate businesses including corporate charters, partnership agreements, and basic contracts, assistance with patents, trademarks, and copyrights, and technology acquisition services; or (III) providing programming for entrepreneurs working in nanotechnology housed in an incubator; (B) shall reserve 10 percent of the amount to make awards, on a competitive basis, in amounts of $50,000 to $150,000, for feasibility studies for determining the need for or siting of incubators; and (C) shall reserve 10 percent for research regarding best practices for incubator programs, including the development of a benchmarking system based on uniform measures, and for dissemination of information regarding such practices. (3) Contracts The Secretary is authorized to contract with organizations with expertise in incubation practices for the purposes of carrying out paragraph (2)(C). (4) Uses of funds Funds awarded under paragraph (2)(A)(ii) may be used for— (A) curriculum, training, or technical assistance related to nanotechnology developed by academic faculty with participation from entrepreneurship experts; (B) programming that contributes to a coordinated set of business assistance tools, such as developing management teams, providing workforce development, forming strategic alliances, developing capital formation networks, and developing customized plans for commercialization; and (C) hiring staff to coordinate the activities described in subparagraph (A) or (B) or for curriculum development. (5) Recipients The Secretary shall make an award— (A) described in paragraph (2)(A) to a nonprofit entity that has a strong affiliation with a degree-granting institution and manages or provides technical assistance to the degree-granting institution’s affiliated incubator, or if no nonprofit entity manages or provides technical assistance to the incubator, to the degree-granting institution managing the incubator; and (B) described in paragraph (2)(B) to a degree-granting institution. (6) Applications Each entity desiring assistance under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (7) Selection (A) Priority The Secretary shall give priority to funding applications under this subsection for activities that— (i) will be carried out at a facility that is included in the Centers and Networks of Excellence of the research and development program known as the National Nanotechnology Initiative; (ii) provide strong educational opportunities to students in fields related to nanotechnology and commercialization; and (iii) require significant collaboration between businesses and academia. (B) Consideration The Secretary may give consideration to funding applications under this subsection that support— (i) the building of new incubators; (ii) incubators that work with faculty entrepreneurs or university-based research; (iii) incubators that are located in areas with an established venture capital industry and other industry support, including leadership and legal support, for commercialization; or (iv) incubators that have secured additional private funding. (c) Nanotechnology Startup Advisory Council (1) Establishment The Secretary shall establish a Nanotechnology Startup Advisory Council composed of industry leaders, business and marketing professionals, venture capitalists, attorneys, and nanotechnology researchers. (2) Purpose The purpose of the Nanotechnology Startup Advisory Council is to ensure that emerging nanotechnology companies create a sound foundation for new business. (d) Report Not later than September 30 of the third fiscal year during which assistance is provided under this section, the Secretary shall prepare and submit to Congress a report that— (1) describes the most effective or innovative additions to curricula related to nanotechnology that were developed with such assistance; (2) contains a comparison of the success of nanotechnology companies developed in incubators that received such assistance with the success of other nanotechnology companies; (3) describes any factors leading to success of companies that were developed in incubators; (4) recommends the best role for degree-granting institutions in commercialization; and (5) contains a comparison of academic-affiliated incubators of specific missions and ages that received assistance under this section with other incubators with similar missions and ages. (e) Authorization of Appropriations There are authorized to be appropriated to carry out this section $25,000,000 for each of the fiscal years 2012, 2013, and 2014. II Research and Development Directions 201. Nanoscale science and engineering center Section 9 of the 21st Century Nanotechnology Research and Development Act ( 15 U.S.C. 7508 ) is amended— (1) by redesignating subsection (c) as subsection (d); and (2) by inserting after subsection (b) the following new subsection: (c) Nanoscale science and engineering center (1) Establishment The National Science Foundation shall provide for the establishment, on a merit reviewed and competitive basis, of a center for the development of computer aided design tools for nanotechnology applications. (2) Authorization of appropriations There are authorized to be appropriated to the National Science Foundation for carrying out this subsection $10,000,000. . 202. Federal programs The 21st Century Nanotechnology Research and Development Act ( 15 U.S.C. 7501 et seq. ) is amended— (1) by redesignating sections 9 and 10 as sections 12 and 13, respectively; (2) in section 8, by adding at the end the following new subsection: (c) Research program (1) Establishment The Secretary of Energy shall provide for the establishment, on a merit reviewed and competitive basis, of a grant program for nanotechnology research to address the need for clean, cheap, renewable energy. (2) Authorization of appropriations There are authorized to be appropriated to the Secretary of Energy for carrying out this subsection $30,000,000 for each fiscal year. ; and (3) by inserting after section 8 the following new sections: 9. Environmental Protection Agency programs (a) Establishment The Administrator of the Environmental Protection Agency shall provide for the establishment, on a merit reviewed and competitive basis, of a grant program for nanotechnology research to address technologies for the remediation of pollution and other environmental protection technologies. (b) Authorization of appropriations There are authorized to be appropriated to the Administrator of the Environmental Protection Agency for carrying out this section $30,000,000 for each fiscal year. 10. Department of Homeland Security programs (a) Establishment The Secretary of Homeland Security shall provide for the establishment, on a merit reviewed and competitive basis, of a grant program for nanotechnology research to address the need for sensors and other materials related to homeland security needs. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary of Homeland Security for carrying out this section $30,000,000 for each fiscal year. 11. Department of Health and Human Services programs (a) Establishment The Secretary of Health and Human Services shall provide for the establishment, on a merit reviewed and competitive basis, of a grant program for nanotechnology research to address the health related applications of nanotechnology. (b) Authorization of appropriations There are authorized to be appropriated to the Secretary of Health and Human Services for carrying out this section $30,000,000 for each fiscal year. . III Environmental Nanotechnology Applications 301. Nanotechnology research strategy Not later than 1 year after the date of enactment of this Act, the Director of the National Nanotechnology Coordination Office shall, after consultation with appropriate Federal agencies and industry, transmit to the Congress a report containing a nanotechnology research strategy that establishes priorities for the Federal Government and industry that will ensure the development and responsible stewardship of nanotechnology. The report shall include recommendations regarding the funding levels the Director anticipates the agencies charged with implementing this research strategy will require. IV Education 401. Credit for nanotechnology education and training program expenses (a) In general Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: 30E. Nanotechnology education and training program expenses (a) Allowance of credit (1) In general There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of nanotechnology education and training program expenses paid or incurred by the taxpayer for the benefit of— (A) in the case of a taxpayer engaged in a trade or business, an employee of the taxpayer, or (B) in the case of a taxpayer who is an individual not so engaged, such individual. (2) Coordination of credits Credit shall be allowable to the employer with respect to an employee only to the extent that the employee assigns some or all of the limitation applicable to such employee under subsection (b) to such employer. (b) Limitations (1) In general The amount of expenses with respect to any individual which may be taken into account under subsection (a) for the taxable year shall not exceed $4,000. (2) Increase in credit amount for participation in certain programs and for certain individuals Paragraph (1) shall be applied by substituting $5,000 for $4,000 in the case of expenses— (A) with respect to a program operated— (i) in an empowerment zone or enterprise community designated under part I of subchapter U or a renewal community designated under part I of subchapter X, (ii) in a school district in which at least 50 percent of the students attending schools in such district are eligible for free or reduced-cost lunches under the school lunch program established under the Richard B. Russell National School Lunch Act, (iii) in an area designated as a disaster area by the Secretary of Agriculture under section 321 of the Consolidated Farm and Rural Development Act or by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act in the taxable year or the 4 preceding taxable years, (iv) in a rural enterprise community designated under section 766 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999 (112 Stat. 2681–37), (v) in an area designated by the Secretary of Agriculture as a Rural Economic Area Partnership Zone, (vi) in an area over which an Indian tribal government (as defined in section 7701(a)(40)) has jurisdiction, or (vii) by an employer who has 200 or fewer employees for each business day in each of 20 or more calendar weeks in the current or preceding calendar year, or (B) in the case of an individual with a disability. (c) Nanotechnology education and training program expenses For purposes of this section— (1) In general The term nanotechnology education and training program expenses means expenses paid or incurred by reason of the participation of the taxpayer (or any employee of the taxpayer) in any nanotechnology education and training program. Such expenses shall include expenses paid in connection with— (A) course work, (B) certification testing, (C) programs carried out under the Act of August 16, 1937 (50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.) which are registered by the Department of Labor, and (D) other expenses that are essential to assessing skill acquisition. (2) Nanotechnology education and training program The term nanotechnology education and training program means a training program in nanotechnology workplace disciplines or other skill sets which is provided in the United States by an accredited college, university, private career school, postsecondary educational institution, a commercial nanotechnology provider, or an employer-owned nanotechnology training organization. (3) Commercial nanotechnology training provider The term commercial nanotechnology training provider means a private sector organization providing a nanotechnology education and training program. (4) Employer-owned nanotechnology training organization The term employer-owned nanotechnology training organization means a private sector organization that provides nanotechnology training to its employees using internal training development and delivery personnel. The training programs must use industry-recognized training disciplines and evaluation methods, comparable to institutional and commercial training providers. (d) Denial of double benefit (1) Disallowance of other credits and deductions No deduction or credit shall be allowed under any other provision of this chapter for expenses taken into account in determining the credit under this section. (2) Reduction for hope and lifetime learning credits The amount taken into account under subsection (a) shall be reduced by the nanotechnology education and training program expenses taken into account in determining the credits under section 25A. (e) Certain rules made Applicable For purposes of this section, rules similar to the rules of section 45A(e)(2) and subsections (c), (d), and (e) of section 52 shall apply. (f) Application with other credits The credit allowed by subsection (a) for any taxable year shall not exceed the excess (if any) of— (1) the regular tax for the taxable year reduced by the sum of the credits allowable under the subpart A and the previous sections of this subpart, over (2) the tentative minimum tax for the taxable year. . (b) Clerical amendment The table of sections for subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Sec. 30E. Nanotechnology education and training program expenses. . (c) Effective date The amendments made by this section shall apply to amounts paid or incurred in taxable years beginning after December 31, 2010. 402. Eligible educational institution (a) In general Section 25A(f)(2) of the Internal Revenue Code of 1986 (relating to eligible educational institution) is amended to read as follows: (2) Eligible educational institution The term eligible educational institution means— (A) an institution— (i) which is described in section 101(b) or 102(a) of the Higher Education Act of 1965, and (ii) which is eligible to participate in a program under title IV of such Act, or (B) a commercial nanotechnology training provider (as defined in section 30E(c)(3)). . (b) Conforming amendment The second sentence of section 221(d)(2) of the Internal Revenue Code of 1986 is amended by striking section 25A(f)(2) and inserting section 25A(f)(2)(A) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2010. 403. Curriculum development program (a) Establishment The National Science Foundation shall provide for the establishment, on a merit reviewed and competitive basis, of a grant program for the development of curriculum materials for interdisciplinary nanotechnology courses at institutions of higher education. (b) Authorization of appropriations There are authorized to be appropriated to the National Science Foundation for carrying out this section $15,000,000 for each of the fiscal years 2012 through 2015. 404. Training partnerships The National Science Foundation, through its Advanced Technological Education program, shall establish a program to encourage manufacturing companies to enter into partnerships with occupational training centers for the development of training to support nanotechnology manufacturing. V Public Outreach 501. Interaction between scientists and engineers Not later than 6 months after the date of enactment of this Act, the Secretary of Energy shall transmit to the Congress a report containing a strategy for increasing interaction on nanotechnology issues between scientists and engineers at the Department of Energy’s National Laboratories and in the informal science education community, to enable researchers to use their expertise to assist in the development of appropriate nanotechnology exhibitions for school age children and the general public.

https://www.govinfo.gov/content/pkg/BILLS-113hr394ih/xml/BILLS-113hr394ih.xml

113-hr-395

I 113th CONGRESS 1st Session H. R. 395 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Israel (for himself, Mr. King of New York , Ms. Norton , Mr. Hanna , and Mr. Cicilline ) 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 amounts paid by an employer on an employee’s student loans. 1. Short title This Act may be cited as the Student Loan Employment Benefits Act of 2013 . 2. Student loan payment assistance programs (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 127 the following new section: 127A. Student loan payment assistance programs (a) In general Gross income of an employee does not include amounts paid or incurred by the employer for student loan payment assistance provided to such employee if the assistance is furnished pursuant to a program which is described in subsection (c). (b) Limitations (1) Assistance limitation The amount taken into account under subsection (a) with respect to an individual for student loan assistance with respect to student loan payments during a taxable year shall not exceed $5,000. (2) Earned income limitation The amount excluded from the income of an employee under subsection (a) for any taxable year shall not exceed the earned income of such employee for such taxable year. (c) Student loan payment assistance program (1) In general For purposes of this section a student loan payment assistance program is a separate written plan of an employer for the exclusive benefit of his employees to provide such employees with student loan payment assistance which meets the requirements of paragraphs (2) through (9) of this subsection. If any plan would qualify as a student loan payment assistance program but for a failure to meet the requirements of this subsection, then, notwithstanding such failure, such plan shall be treated as a student loan payment assistance program in the case of employees who are not highly compensated employees. (2) Discrimination The contributions or benefits provided under the plan shall not discriminate in favor of employees who are highly compensated employees (within the meaning of section 414(q)). (3) Eligibility The program shall benefit employees who qualify under a classification set up by the employer and found by the Secretary not to be discriminatory in favor of employees described in paragraph (2). (4) Principal shareholders or owners Not more than 25 percent of the amounts paid or incurred by the employer for student loan payment assistance during the year may be provided for the class of individuals who are shareholders or owners (or their spouses or dependents), each of whom (on any day of the year) owns more than 5 percent of the stock or of the capital or profits interest in the employer. (5) No funding required A program referred to in paragraph (1) is not required to be funded. (6) Notification of eligible employees Reasonable notification of the availability and terms of the program shall be provided to eligible employees. (7) Statement of expenses The plan shall furnish to an employee, on or before January 31, a written statement showing the amounts paid or expenses incurred by the employer in providing student loan payment assistance to such employee during the previous calendar year. (8) Benefits (A) In general A plan meets the requirements of this paragraph if the average benefits provided to employees who are not highly compensated employees under all plans of the employer is at least 55 percent of the average benefits provided to highly compensated employees under all plans of the employer. (B) Salary reduction agreements For purposes of subparagraph (A), in the case of any benefits provided through a salary reduction agreement, a plan may disregard any employees whose compensation is less than $25,000. For purposes of this subparagraph, the term compensation has the meaning given such term by section 414(q)(4), except that, under rules prescribed by the Secretary, an employer may elect to determine compensation on any other basis which does not discriminate in favor of highly compensated employees. (9) Excluded employees For purposes of paragraphs (3) and (8), there shall be excluded from consideration— (A) subject to rules similar to the rules of section 410(b)(4), employees who have not attained the age of 21 and completed 1 year of service (as defined in section 410(a)(3)), and (B) employees not included in a student loan payment assistance program who are included in a unit of employees covered by an agreement which the Secretary finds to be a collective bargaining agreement between employee representatives and 1 or more employees, if there is evidence that student loan payment benefits were the subject of good faith bargaining between such employee representatives and such employer or employers. (d) Definitions and special rules For purposes of this section— (1) Student loan payment assistance (A) In general The term student loan payment assistance means the payment of principal or interest on— (i) any indebtedness incurred by the employee solely to pay qualified higher education expenses (as defined in section 221) which— (I) are paid or incurred within a reasonable period of time before or after the indebtedness was incurred, and (II) are attributable to education furnished during a period during which the employee was an eligible student, or (ii) any indebtedness used to refinance indebtedness described in clause (i). Such term shall not include any payment of principal or interest on indebtedness owed to a person who is related (within the meaning of section 267(b) or 707(b)(1)) to the taxpayer or to any person by reason of a loan under any qualified employer plan (as defined in section 72(p)(4)) or under any contract referred to in section 72(p)(5). (B) Eligible student The term eligible student has the meaning given such term by section 25A(b)(3). (C) Dependent The term dependent has the meaning given such term by section 152 (determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof). (2) Earned income The term earned income shall have the meaning given such term in section 32(c)(2), but such term shall not include any amounts paid or incurred by an employer for student loan payment assistance to an employee. (3) Employee The term employee includes, for any year, an individual who is an employee within the meaning of section 401(c)(1) (relating to self-employed individuals). (4) Employer An individual who owns the entire interest in an unincorporated trade or business shall be treated as his own employer. A partnership shall be treated as the employer of each partner who is an employee within the meaning of paragraph (3). (5) Attribution rules (A) Ownership of stock Ownership of stock in a corporation shall be determined in accordance with the rules provided under subsections (d) and (e) of section 1563 (without regard to section 1563(e)(3)(C)). (B) Interest in unincorporated trade or business The interest of an employee in a trade or business which is not incorporated shall be determined in accordance with regulations prescribed by the Secretary, which shall be based on principles similar to the principles which apply in the case of subparagraph (A). (6) Utilization test not applicable A student loan payment assistance program shall not be held or considered to fail to meet any requirements of subsection (c) (other than paragraphs (4) and (8) thereof) merely because of utilization rates for the different types of assistance made available under the program. (7) Disallowance of excluded amounts as credit or deduction No deduction or credit shall be allowed to the employee under any other section of this chapter for any amount excluded from the gross income of the employee by reason of this section. . (b) Conforming amendments Sections 221(d)(2)(A), 414(n)(3)(C) and (t)(2), 3121(a)(18), 3306(b)(13), 3401(a)(18), and 6039D(d)(1) of such Code are each amended by inserting 127A, after 127, . (c) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 127 the following new item: Sec. 127A. Student loan payment assistance programs. . (d) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr395ih/xml/BILLS-113hr395ih.xml

113-hr-396

I 113th CONGRESS 1st Session H. R. 396 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Ms. Jenkins 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 reduce the annual rates of pay for Members of Congress by 20 percent, and to prohibit an adjustment in such rates during a year unless the Federal Government did not run a deficit in the previous fiscal year. 1. Short title This Act may be cited as the Congressional Pay Adjustment Act . 2. Reduction in annual rates of pay for Members of Congress (a) Reduction Notwithstanding any other provision of law, the annual rate of pay for each Member of Congress shall be equal to— (1) for pay periods occurring during 2015, the applicable rate in effect for pay periods occurring during 2013 reduced by 20 percent, rounded to the nearest multiple of $100 (or, if midway between multiples of $100, to the next higher multiple of $100); and (2) for subsequent pay periods, the applicable rate during 2013, subject to adjustment under paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31(2) ). (b) Member of Congress defined For purposes of 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 ). 3. Prohibiting adjustments in Member pay unless Federal budget is balanced (a) Restrictions on adjustments Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) (relating to cost of living adjustments for Members of Congress) during any fiscal year (beginning with fiscal year 2014) unless the Secretary of the Treasury submits a report that a Federal budget deficit did not exist in the previous fiscal year, in accordance with subsection (b). (b) Determination and report (1) Responsibilities of Secretary Not later than 30 days after the end of each fiscal year (beginning with fiscal year 2013), the Secretary of the Treasury shall— (A) make a determination of whether a Federal budget deficit existed in that fiscal year; and (B) submit a report of that determination to Congress. (2) Determination of deficit For purposes of this Act, a Federal budget deficit shall be considered to exist in a fiscal year if total budget outlays of the Government for such fiscal year exceed total revenues of the Government for such fiscal year as of the last day of such fiscal year.

https://www.govinfo.gov/content/pkg/BILLS-113hr396ih/xml/BILLS-113hr396ih.xml

113-hr-397

I 113th CONGRESS 1st Session H. R. 397 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Latham 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 prohibit the disbursement of funds for salaries and expenses of the offices of Members and committees of Congress and to hold the salaries of Members of Congress in escrow if Congress does not adopt a concurrent resolution on the budget on or before May 15 of each year, and for other purposes. 1. Short title This Act may be cited as the Do Your Job Act . 2. Prohibiting disbursement of funds for salaries and expenses of Member and committee offices if congress fails to adopt budget resolution (a) Salaries and expenses of offices (1) Prohibition If on or before May 15 of any year Congress does not adopt a concurrent resolution on the budget for the fiscal year that begins on October 1 of that year, no funds may be disbursed for the salaries and expenses (including travel expenses) of any of the offices described in subsection (b) until Congress adopts a concurrent resolution on the budget for that fiscal year. (2) Treatment of member salaries Paragraph (1) does not apply to funds disbursed for the salary of any Member of Congress, which shall be subject to escrow in accordance with section 3. (b) Offices described The offices described in this subsection are as follows: (1) The office of any Member of Congress. (2) The office of any standing, select, or joint committee of Congress. (3) An office of the House of Representatives for which the appropriation for salaries and expenses of the office for the year involved is provided under the heading House Leadership Offices in the act making appropriations for the Legislative Branch for the fiscal year involved (in addition to any office of a Member of Congress referred to in paragraph (1)). (4) The offices of the President pro Tempore, Majority and Minority Leaders, Majority and Minority Whips, Conferences of the Majority and of the Minority, and Majority and Minority Policy Committees of the Senate (in addition to any office of a Member of Congress referred to in paragraph (1)). 3. Holding salaries of members of congress in escrow if congress fails to adopt budget resolution (a) Escrow If on or before May 15 of any year Congress does not adopt a concurrent resolution on the budget for the fiscal year that begins on October 1 of that 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 adoption by Congress of a concurrent resolution on the budget for that fiscal year. (b) 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 subsection (a) that would apply to the payment if the payment were not subject to subsection (a). (c) 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 section. 4. Member of Congress Defined 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 ). 5. Effective date This Act shall apply with respect to fiscal year 2014 and each succeeding fiscal year.

https://www.govinfo.gov/content/pkg/BILLS-113hr397ih/xml/BILLS-113hr397ih.xml

113-hr-398

I 113th CONGRESS 1st Session H. R. 398 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Loebsack (for himself and Mrs. Kirkpatrick ) 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 reduce the rate of pay for Members of Congress by 10 percent and to eliminate automatic pay adjustments for Members. 1. Short title This Act may be cited as the Congressional Halt in Pay Increases and Cut Congressional Pay Act . 2. Reduction in pay (a) In general Section 601(a) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31 ) is amended to read as follows: 601. (a) Effective as of the beginning of the first applicable pay period commencing after the date on which is held the next regularly scheduled general election for Federal office following the date of the enactment of the Congressional Halt in Pay Increases and Cut Congressional Pay Act , the annual rate of pay for— (1) each Senator, Member of the House of Representatives, and Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico, (2) 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 (3) the Speaker of the House of Representatives, shall be equal to the annual rate of pay for that position as of the date on which such general election is held, reduced by 10 percent. . (b) Effective date Subsection (a) shall take effect as of the date on which is held the next regularly scheduled general election for Federal office following the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr398ih/xml/BILLS-113hr398ih.xml

113-hr-399

I 113th CONGRESS 1st Session H. R. 399 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Ms. Matsui (for herself, Mr. Garamendi , Mr. George Miller of California , Mr. Gary G. Miller of California , Mr. Cárdenas , Mr. Thompson of California , Ms. Lofgren , Mr. Costa , Mrs. Napolitano , Mrs. Capps , Ms. Eshoo , Mr. Honda , Ms. Linda T. Sánchez of California , Ms. Loretta Sanchez of California , Mr. Farr , Ms. Lee of California , Mrs. Negrete McLeod , Ms. Roybal-Allard , Mrs. Davis of California , Ms. Bass , Mr. Waxman , Ms. Hahn , Ms. Chu , Mr. Bera of California , Mr. McNerney , and Mr. Calvert ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of the Army to undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees, and for other purposes. 1. Short title This Act may be cited as the Levee Vegetation Review Act of 2013 . 2. Flood control policy (a) Review In order to determine whether current Federal policy relating to levee vegetation is appropriate for all regions of the United States, the Secretary of the Army shall undertake a comprehensive review of the Corps of Engineers policy guidelines on vegetation management for levees (in this section referred to as the guidelines ). The Secretary shall commence the review not later than 6 months after the date of enactment of this Act. (b) Factors (1) In general In conducting the review, the Secretary shall examine the guidelines in view of— (A) the varied interests and responsibilities in managing flood risks, including the need to provide the greatest levee safety benefit with limited resources; (B) preserving, protecting, and enhancing natural resources, including the potential benefit that vegetation on levees can have in providing habitat for species of concern; (C) protecting the rights of Native Americans pursuant to treaties and statutes; and (D) such other factors as the Secretary considers appropriate. (2) Regional and watershed considerations In conducting the review, the Secretary shall specifically consider factors that promote and allow for consideration of potential variances from national guidelines on a regional or watershed basis. Such factors may include regional or watershed soil conditions, hydrologic factors, vegetation patterns and characteristics, environmental resources, levee performance history, institutional considerations, and other relevant factors. The scope of a variance approved by the Secretary may include an exemption to national guidelines where appropriate. (c) Cooperation and consultation; recommendations (1) In general The review shall be undertaken in cooperation with interested Federal agencies and in consultation with interested representatives of State and local governments, Native American Indian tribes, appropriate nongovernmental organizations, and the public. (2) Recommendations Corps of Engineers Regional Integration Teams, representing districts, divisions, and headquarters, in consultation with State and Federal resources agencies, and with participation by local agencies, shall recommend to the Chief of Engineers vegetation management policies for levees that conform with State and Federal laws and other applicable requirements. (d) Peer review (1) Views of National Academy of Engineering As part of the review, the Secretary shall solicit and consider the views of the National Academy of Engineering on the engineering, environmental, and institutional considerations underlying the guidelines. (2) Availability of views The views of the National Academy of Engineering obtained under paragraph (1) shall be— (A) made available to the public; and (B) included in supporting materials issued in connection with the revised guidelines required under subsection (e). (e) Revision of guidelines (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall— (A) revise the guidelines based on the results of the review, including the results of the peer review conducted under subsection (d); and (B) submit to Congress a report that contains a summary of the activities of the Secretary and a description of the findings of the Secretary under this section. (2) Content; incorporation into manual The revised guidelines shall— (A) provide a practical process for approving regional or watershed variances from the national guidelines, reflecting due consideration of measures to maximize public safety benefits with limited resources, regional climatic variations, environmental quality, implementation challenges, and allocation of responsibilities; and (B) be incorporated into the manual proposed under section 5(c) of the Act entitled An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes , approved August 18, 1941 (33 U.S.C. 701n(c)). (f) Continuation of work Concurrent with completion of the requirements of this section, the Secretary shall proceed without interruption or delay with those ongoing or programmed projects and studies, or elements of projects or studies, that are not directly related to vegetation variance policy.

https://www.govinfo.gov/content/pkg/BILLS-113hr399ih/xml/BILLS-113hr399ih.xml

113-hr-400

I 113th CONGRESS 1st Session H. R. 400 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Ms. Matsui (for herself, Mr. Dingell , Mrs. Capps , Mr. Michaud , and Mr. Schiff ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the establishment of a Clean Energy Technology Manufacturing and Export Assistance Fund to assist United States businesses with exporting clean energy technology products and services. 1. Short title This Act may be cited as the Clean Energy Technology Manufacturing and Export Assistance Act of 2013 . 2. Clean Energy Technology Manufacturing and Export Assistance Fund (a) Definitions For purposes of this section— (1) the term clean energy technology means a technology related to the production, use, transmission, storage, control, or conservation of energy that will contribute to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or sequestration of energy-related emissions and— (A) reduce the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, or transporting energy with greater effectiveness through the infrastructure of the United States; or (B) diversify the sources of energy supply of the United States to strengthen energy security and to increase supplies with a favorable balance of environmental effects if the entire technology system is considered; and (2) the term Secretary means the Secretary of Commerce. (b) Establishment The Secretary shall establish a Clean Energy Technology Manufacturing and Export Assistance Fund, to be administered through the International Trade Administration. The Secretary shall administer the Fund to promote policies that will reduce production costs and encourage innovation, investment, and productivity in the clean energy technology sector, and implement a national clean energy technology export strategy. The purpose of the Fund is to ensure that United States clean energy technology firms, including clean energy technology parts suppliers and engineering and design firms, have the information and assistance they need to be competitive and create clean energy technology sector jobs in the United States. (c) Assistance The Secretary, consistent with the National Export Initiative, shall provide information, tools, and other assistance to United States businesses to promote clean energy technology manufacturing and facilitate the export of clean energy technology products and services. Such assistance shall include— (1) developing critical analysis of policies to reduce production costs and promote innovation, investment, and productivity in the clean energy technology sector; (2) helping educate companies about how to tailor their activities to specific markets with respect to their product slate, financing, marketing, assembly, and logistics; (3) helping United States companies learn about the export process and export opportunities in foreign markets; (4) helping United States companies to navigate foreign markets; and (5) helping United States companies provide input regarding clean energy technology manufacturing and trade policy developments and trade promotion. (d) Reports to Congress (1) Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to the Congress a report indicating how the funds provided under this section will be used to— (A) focus on small and medium-sized United States businesses; (B) encourage the creation and maintenance of the greatest number of clean energy technology jobs in the United States; and (C) encourage the domestic production of clean energy technology products and services, including materials, components, equipment, parts, and supplies related in any way to the product or service. (2) Not later than January 1, 2017, the Secretary shall transmit to the Congress a report assessing the extent to which the program established under this section— (A) has been successful in developing critical analysis of policies to reduce production costs and promote innovation, investment, and productivity in the clean energy technology sector; (B) has been successful in increasing the competitiveness of United States clean energy technology firms in emerging markets; (C) has been successful in assisting United States businesses, specifically small- and medium-sized firms, with exporting clean energy technology products and services; (D) has been successful in creating jobs directly related to the clean energy technology sector in the United States, including specific information as to the nature, location, and duration of those jobs and the methodology used by the Secretary to compile such information; (E) has been successful in helping United States companies provide input regarding clean energy technology manufacturing and trade policy developments and trade promotion; and (F) should be continued. (e) Authorization of appropriations (1) In general There are authorized to be appropriated to the Secretary for carrying out this section $15,000,000 for each of the fiscal years 2013 through 2017. (2) Limitation No assistance provided using funds appropriated pursuant to this section shall be provided in the form of a monetary grant.

https://www.govinfo.gov/content/pkg/BILLS-113hr400ih/xml/BILLS-113hr400ih.xml

113-hr-401

I 113th CONGRESS 1st Session H. R. 401 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Nugent (for himself, Mr. Scott of Virginia , Mr. Cicilline , Mr. Grimm , Mr. Gowdy , Mr. Sensenbrenner , Mr. Reichert , Mr. Van Hollen , Mr. Conyers , and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To reauthorize and improve the Mentally Ill Offender Treatment and Crime Reduction Act of 2004. 1. Short title This Act may be cited as the Justice and Mental Health Collaboration Act of 2013 . 2. Assisting veterans (a) Redesignation Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by redesignating subsection (i) as subsection (l). (b) Assisting veterans Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended by inserting after subsection (h) the following: (i) Assisting veterans (1) Definitions In this subsection: (A) Peer to peer services or programs The term peer to peer services or programs means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, stabilization, or rehabilitation. (B) Qualified veteran The term qualified veteran means a preliminarily qualified offender who— (i) has served on active duty in any branch of the Armed Forces, including the National Guard and reserve components; and (ii) was discharged or released from such service under conditions other than dishonorable. (C) Veterans treatment court program The term veterans treatment court program means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies that provides qualified veterans with— (i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate; (ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma; (iii) alternatives to incarceration; and (iv) other appropriate services, including housing, transportation, mentoring, employment, job training, education, and assistance in applying for and obtaining available benefits. (2) Veterans assistance program (A) In general The Attorney General, in consultation with the Secretary of Veterans Affairs, may award grants under this subsection to applicants to establish or expand— (i) veterans treatment court programs; (ii) peer to peer services or programs for qualified veterans; (iii) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to qualified veterans who have been incarcerated; and (iv) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans. (B) Priority In awarding grants under this subsection, the Attorney General shall give priority to applications that— (i) demonstrate collaboration between and joint investments by criminal justice, mental health, substance abuse, and veterans service agencies; (ii) promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and (iii) propose interventions with empirical support to improve outcomes for qualified veterans. . 3. Correctional facilities Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended by inserting after subsection (i), as so added by section 2, the following: (j) Correctional facilities (1) Definitions (A) Correctional facility The term correctional facility means a jail, prison, or other detention facility used to house people who have been arrested, detained, held, or convicted by a criminal justice agency or a court. (B) Eligible inmate The term eligible inmate means an individual who— (i) is being held, detained, or incarcerated in a correctional facility; and (ii) manifests obvious signs of a mental illness or has been diagnosed by a qualified mental health professional as having a mental illness. (2) Correctional facility grants The Attorney General may award grants to applicants to enhance the capabilities of a correctional facility— (A) to identify and screen for eligible inmates; (B) to plan and provide— (i) initial and periodic assessments of the clinical, medical, and social needs of inmates; and (ii) appropriate treatment and services that address the mental health and substance abuse needs of inmates; (C) to develop, implement, and enhance— (i) post-release transition plans for eligible inmates that, in a comprehensive manner, coordinate health, housing, medical, employment, and other appropriate services and public benefits; (ii) the availability of mental health care services and substance abuse treatment services; and (iii) alternatives to solitary confinement and segregated housing and mental health screening and treatment for inmates placed in solitary confinement or segregated housing; and (D) to train each employee of the correctional facility to identify and appropriately respond to incidents involving inmates with mental health or co-occurring mental health and substance abuse disorders. . 4. High utilizers Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ) is amended by inserting after subsection (j), as added by section 3, the following: (k) Demonstration grants responding to high utilizers (1) Definition In this subsection, the term high utilizer means an individual who— (A) manifests obvious signs of mental illness or has been diagnosed by a qualified mental health professional as having a mental illness; and (B) consumes a significantly disproportionate quantity of public resources, such as emergency, housing, judicial, corrections, and law enforcement services. (2) Demonstration grants responding to high utilizers (A) In general The Attorney General may award not more than 6 grants per year under this subsection to applicants for the purpose of reducing the use of public services by high utilizers. (B) Use of grants A recipient of a grant awarded under this subsection may use the grant— (i) to develop or support multidisciplinary teams that coordinate, implement, and administer community-based crisis responses and long-term plans for high utilizers; (ii) to provide training on how to respond appropriately to the unique issues involving high utilizers for public service personnel, including criminal justice, mental health, substance abuse, emergency room, healthcare, law enforcement, corrections, and housing personnel; (iii) to develop or support alternatives to hospital and jail admissions for high utilizers that provide treatment, stabilization, and other appropriate supports in the least restrictive, yet appropriate, environment; or (iv) to develop protocols and systems among law enforcement, mental health, substance abuse, housing, corrections, and emergency medical service operations to provide coordinated assistance to high utilizers. (C) Report Not later than the last day of the first year following the fiscal year in which a grant is awarded under this subsection, the recipient of the grant shall submit to the Attorney General a report that— (i) measures the performance of the grant recipient in reducing the use of public services by high utilizers; and (ii) provides a model set of practices, systems, or procedures that other jurisdictions can adopt to reduce the use of public services by high utilizers. . 5. Academy training Section 2991(h) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(h) ) is amended— (1) in paragraph (1), by adding at the end the following: (F) Academy training To provide support for academy curricula, law enforcement officer orientation programs, continuing education training, and other programs that teach law enforcement personnel how to identify and respond to incidents involving persons with mental health disorders or co-occurring mental health and substance abuse disorders. ; and (2) by adding at the end the following: (4) Priority consideration The Attorney General, in awarding grants under this subsection, shall give priority to programs that law enforcement personnel and members of the mental health and substance abuse professions develop and administer cooperatively. . 6. Evidence based practices Section 2991(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(c) ) is amended— (1) in paragraph (3), by striking or at the end; (2) by redesignating paragraph (4) as paragraph (6); and (3) by inserting after paragraph (3), the following: (4) propose interventions that have been shown by empirical evidence to reduce recidivism; (5) when appropriate, use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services; or . 7. Safe communities (a) In general Section 2991(a) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(a) ) is amended— (1) in paragraph (7)— (A) in the heading, by striking Mental illness and inserting Mental illness; mental health disorder ; and (B) by striking term mental illness means and inserting terms mental illness and mental health disorder mean ; and (2) by striking paragraph (9) and inserting the following: (9) Preliminarily qualified offender (A) In general The term preliminarily qualified offender means an adult or juvenile accused of an offense who— (i) (I) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness or co-occurring mental illness and substance abuse disorders; (II) manifests obvious signs of mental illness or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; or (III) in the case of a veterans treatment court provided under subsection (i), has been diagnosed with, or manifests obvious signs of, mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder; and (ii) has been unanimously approved for participation in a program funded under this section by, when appropriate, the relevant— (I) prosecuting attorney; (II) defense attorney; (III) probation or corrections official; (IV) judge; and (V) a representative from the relevant mental health agency described in subsection (b)(5)(B)(i). (B) Determination In determining whether to designate a defendant as a preliminarily qualified offender, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, and mental health or substance abuse agency representative shall take into account— (i) whether the participation of the defendant in the program would pose a substantial risk of violence to the community; (ii) the criminal history of the defendant and the nature and severity of the offense for which the defendant is charged; (iii) the views of any relevant victims to the offense; (iv) the extent to which the defendant would benefit from participation in the program; (v) the extent to which the community would realize cost savings because of the defendant's participation in the program; and (vi) whether the defendant satisfies the eligibility criteria for program participation unanimously established by the relevant prosecuting attorney, defense attorney, probation or corrections official, judge and mental health or substance abuse agency representative. . (b) Technical and conforming amendment Section 2927(2) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797s–6(2) ) is amended by striking has the meaning given that term in section 2991(a). and inserting “means an offense that— (A) does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another; or (B) is not a felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. . 8. Reauthorization of appropriations Subsection (l) of section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa ), as redesignated in section 2(a), is amended— (1) in paragraph (1)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) $40,000,000 for each of fiscal years 2015 through 2019. ; and (2) by adding at the end the following: (3) Limitation Not more than 20 percent of the funds authorized to be appropriated under this section may be used for purposes described in subsection (i) (relating to veterans). .

https://www.govinfo.gov/content/pkg/BILLS-113hr401ih/xml/BILLS-113hr401ih.xml

113-hr-402

I 113th CONGRESS 1st Session H. R. 402 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Ryan of Ohio introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the retention of the name of Mount McKinley. 1. Retention of name of Mount McKinley Notwithstanding any other authority of law, the mountain located 63 degrees 04 minutes 12 seconds north, by 151 degrees 00 minutes 18 seconds west shall continue to be named and referred to for all purposes as Mount McKinley.

https://www.govinfo.gov/content/pkg/BILLS-113hr402ih/xml/BILLS-113hr402ih.xml

113-hr-403

I 113th CONGRESS 1st Session H. R. 403 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Sablan introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the percentage of funds appropriated under title I of the Elementary and Secondary Education Act of 1965 required to be reserved for outlying areas and the Secretary of the Interior. 1. Grants for outlying areas and the Secretary of the Interior Section 1121(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6331(a) ) is amended— (1) in the matter preceding paragraph (1), by striking a total of 1 percent to provide assistance to ; (2) in paragraph (1), by inserting .5 percent to provide assistance to before the outlying ; and (3) in paragraph (2), by inserting .75 percent to provide assistance to before the Secretary .

https://www.govinfo.gov/content/pkg/BILLS-113hr403ih/xml/BILLS-113hr403ih.xml

113-hr-404

I 113th CONGRESS 1st Session H. R. 404 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Schiff (for himself, Ms. Lee of California , Mr. Meeks , Mr. Pierluisi , Ms. Norton , Mr. Moran , Mr. Danny K. Davis of Illinois , Ms. DeLauro , Mr. Takano , Ms. Slaughter , and Mr. Sherman ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To enhance criminal penalties for straw purchasers of firearms. 1. Short title This Act may be cited as the Straw Purchaser Penalty Enhancement Act . 2. Sentencing enhancement for certain straw purchasers Section 924 of title 18, United States Code, is amended by adding at the end the following: (q) (1) Whoever violates section 922(a)(6) or subsection (a)(1)(A) of this section— (A) knowing or having reason to believe that the violation will further the transfer of two or more firearms to a person prohibited by law from shipping, transporting, possessing or receiving a firearm; and (B) with the intent to conceal from the transferor of the firearm the identity of the person referred to in subparagraph (A), shall, in addition to the punishment otherwise provided for the violation, be sentenced to a term of imprisonment of 2 years. (2) Notwithstanding any other provision of law: (A) The court shall not place on probation any person convicted of a violation described in paragraph (1). (B) The court shall not reduce a term of imprisonment to be imposed for such a violation so as to compensate for, or otherwise take into account, a term of imprisonment imposed or to be imposed for a separate such violation. (C) (i) Except as provided in clause (ii), a term of imprisonment imposed on a person under this subsection shall not run concurrently with a term of imprisonment imposed on the person under any other provision of law. (ii) A term of imprisonment imposed on a person for such a violation may, in the discretion of the court, run concurrently, in whole or in part, with another term of imprisonment imposed on the person by the court at the same time for a separate such violation, subject to applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28. (D) (i) Section 3553(a) shall apply in sentencing under this subsection. (ii) Before imposing a sentence in accordance with section 3553(a), the court shall give the parties reasonable notice of the intent of the court to do so and an opportunity to respond. (iii) If the court imposes a sentence in accordance with section 3553(a), the court shall state, in the written statement of reasons, the factors under section 3553(a) that require imposition of a sentence below the statutory minimum. (3) The Attorney General shall issue regulations requiring any form required to be completed by the purchaser of a firearm from a person licensed under section 923 to include a notice of the provisions of this subsection. .

https://www.govinfo.gov/content/pkg/BILLS-113hr404ih/xml/BILLS-113hr404ih.xml

113-hr-405

I 113th CONGRESS 1st Session H. R. 405 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on the Judiciary A BILL To permit Members of Congress to administer the oath of allegiance to applicants for naturalization. 1. Congressional administration of the oath of allegiance (a) Naturalization Authority Section 310(b) of the Immigration and Nationality Act ( 8 U.S.C. 1421(b) ) is amended— (1) in the subsection heading, by striking Court Authority and inserting Authority ; (2) in paragraph (1)(A)— (A) by inserting , by a Member of, or Delegate or Resident Commissioner to, the Congress, before or by an eligible court ; and (B) by adding at the end the following: A Senator shall have the authority to administer such oath of allegiance only to individuals who reside in the State the Senator represents. In the case of a Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, the Member shall have the authority to administer such oath of allegiance only to individuals who reside in the congressional district the Member represents. ; (3) in paragraph (1), by adding at the end the following: (C) Limitations on Congressional authority (i) Extent of authority The authority under this section of a Member of, or Delegate or Resident Commissioner to, the Congress is limited solely to the administration of the oath of allegiance under section 337(a). (ii) Period before elections A Member of, or Delegate or Resident Commissioner to, the Congress may not administer the oath of allegiance under section 337(a) during the 90-day period which ends on the date of any election for Federal, State, or local office in which the Member, Delegate, or Resident Commissioner is a candidate. (iii) Time and place of ceremony A Member of, or Delegate or Resident Commissioner to, the Congress shall administer the oath of allegiance under section 337(a) only at such times and places as the Secretary of Homeland Security may designate. ; (4) in paragraph (2)(A), in the matter preceding clause (i), by inserting or a Member of, or Delegate or Resident Commissioner to, the Congress after a court ; (5) in paragraph (2)(A)(i), by inserting or subject to paragraph (1)(C)(ii), the Member of, or Delegate or Resident Commissioner to, the Congress after the court ; (6) in paragraph (2)(A)(ii)(I), by inserting or the Member of, or Delegate or Resident Commissioner to, the Congress before such information ; (7) in paragraph (2)(A)(ii)(II), by inserting or the Member of, or Delegate or Resident Commissioner to, the Congress after the court ; and (8) in paragraph (3)(B)— (A) in the subparagraph heading, by striking Authority of attorney general and inserting Timing of Exclusive Authority ; (B) by inserting neither after Subject to subparagraph (C), ; (C) by inserting nor a Member of, or Delegate or Resident Commissioner to, the Congress after the Attorney General ; and (D) by striking shall not administer and inserting shall administer . (b) Oath of renunciation and allegiance Section 337 of the Immigration and Nationality Act ( 8 U.S.C. 1448 ) is amended— (1) in the first sentence of subsection (a), by inserting , the Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, who represents the congressional district in which the individual resides, a Senator who represents the State in which the individual resides, before or a court with jurisdiction ; (2) in the first sentence of subsection (c)— (A) by inserting (except to the extent that such section limits the authority of a Member of, or Delegate or Resident Commissioner to, the Congress) after Notwithstanding section 310(b) ; and (B) by inserting , oath administration by the Member of the House of Representatives, including a Delegate or Resident Commissioner to the Congress, who represents the congressional district in which the individual resides or a Senator who represents the State in which the individual resides, after expedited judicial oath administration ceremony ; (3) in the third sentence of subsection (c), by inserting or oath administration by the Member of, or Delegate or Resident Commissioner to, the Congress before the period; and (4) in subsection (c), by adding at the end the following: The authority under this section of a Member of, or Delegate or Resident Commissioner to, the Congress shall be subject to section 310(b). . (c) Certificate of naturalization; contents Section 338 of the Immigration and Nationality Act ( 8 U.S.C. 1449 ) is amended by inserting , Member of, or Delegate or Resident Commissioner to, the Congress, after location of the official . (d) Functions and duties of clerks and records of declarations of intention and applications for naturalization Section 339 of the Immigration and Nationality Act ( 8 U.S.C. 1450 ) is amended by adding at the end the following: (c) In the case of an oath administration by a Member of, or Delegate or Resident Commissioner to, the Congress, the functions and duties of clerks of courts described in this section shall be undertaken by the Secretary of Homeland Security. . 2. Regulatory Authority Not later than the date that is 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall issue regulations implementing the amendments made by this Act. 3. Clerical amendment (a) In general Each of sections 310, 337, 338, and 339 of the Immigration and Nationality Act ( 8 U.S.C. 1421 , 1448, 1449, and 1450) is amended by striking Attorney General each place it appears and inserting Secretary of Homeland Security . (b) Exception The amendment made by this section shall not affect the authority of any officer or employee of the Executive Office of Immigration Review (including immigration judges (as defined in section 101(b)(4) of the Immigration and Nationality Act)) to administer the oath of allegiance under section 337(a).

https://www.govinfo.gov/content/pkg/BILLS-113hr405ih/xml/BILLS-113hr405ih.xml

113-hr-406

I 113th CONGRESS 1st Session H. R. 406 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide discretionary authority to an immigration judge to determine that an alien parent of a United States citizen child should not be ordered removed, deported, or excluded from the United States. 1. Discretionary authority with respect to removal, deportation, or exclusion of parents of citizen children Section 240(c)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(4) ) is amended by adding at the end the following: (D) Discretion of judge in case of citizen child In the case of an alien subject to removal, deportation, or exclusion who is the parent of a child who is a citizen of the United States, the immigration judge may exercise discretion to decline to order the alien removed, deported or excluded from the United States if the judge determines that such removal, deportation, or exclusion is clearly against the best interests of the child, except that this subparagraph shall not apply to any alien who the judge determines— (i) is described in section 212(a)(3) or 237(a)(4); or (ii) has engaged in conduct described in paragraph (8) or (9) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102). .

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113-hr-407

I 113th CONGRESS 1st Session H. R. 407 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Serrano introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide a business credit relating to the use of clean-fuel and fuel efficient vehicles by businesses within areas designated as nonattainment areas under the Clean Air Act, and for other purposes. 1. Short title This Act may be cited as the Clean Vehicles Incentive Act of 2013 . 2. Clean-fuel credit with respect to businesses located in nonattainment areas (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: 45S. Clean-fuel credit with respect to businesses located in nonattainment areas (a) In general For purposes of section 38, in the case of an eligible business the clean-fuel credit determined under this section for the taxable year is the sum of— (1) the clean-fuel property credit, plus (2) the clean-burning fuel use credit. (b) Clean-Fuel property credit (1) In general The clean-fuel property credit is the sum of— (A) qualified vehicle property costs, plus (B) qualified refueling property costs. (2) Qualified vehicle property costs (A) In general For purposes of paragraph (1), the term qualified vehicle property costs means the amount paid or incurred by the eligible business for qualified clean-fuel vehicle property which is placed in service during the taxable year by the eligible business and substantially all of the use of which is in a nonattainment area. (B) Limitation The amount which may be taken into account under subparagraph (A) with respect to any motor vehicle shall not exceed— (i) $8,000, in the case of a motor vehicle with a gross vehicle weight rating of not more than 8,500 pounds, (ii) $20,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 8,500 pounds but not more than 14,000 pounds, (iii) $40,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 14,000 pounds but not more than 26,000 pounds, and (iv) $80,000, in the case of a motor vehicle with a gross vehicle weight rating of more than 26,000 pounds. (C) Qualified clean-fuel vehicle property The term qualified clean-fuel vehicle property shall have the meaning given to such term by section 179A(c) (without regard to paragraphs (1)(A) and (3) thereof), except that such term does not include property that is a motor vehicle propelled by a fuel that is not a clean-burning fuel. (3) Qualified refueling property costs (A) In general For purposes of paragraph (1), the term qualified refueling property costs means amounts paid or incurred by the eligible business for qualified clean-fuel vehicle refueling property (as defined by section 179A(d)) which is placed in service in a nonattainment area during the taxable year by the eligible business. (B) Limitation (i) In general The aggregate cost which may be taken into account under subparagraph (A) with respect to qualified clean-fuel vehicle refueling property placed in service by the eligible business during the taxable year at a location shall not exceed the lesser of— (I) $150,000, or (II) the cost of such property reduced by the amount described in clause (ii). (ii) Reduction for amounts previously taken into account For purposes of clause (i)(II), the amount described in this clause is the sum of— (I) the aggregate amount taken into account under paragraph (1)(B) for all preceding taxable years, and (II) the aggregate amount taken into account under section 179A(a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years. (iii) Special rules For purposes of this subparagraph, the provisions of subparagraphs (B) and (C) of section 179A(b)(2) shall apply. (c) Clean-Burning fuel use credit (1) In general For purposes of subsection (a), the clean-burning fuel use credit is the amount equal to 50 cents for each gasoline gallon equivalent of clean-burning fuel used by an eligible business during the taxable year to propel qualified clean-fuel vehicle property. (2) Clean-burning fuel For purposes of paragraph (1), the term clean-burning fuel has the meaning given to such term by section 179A, except that such term includes compressed natural gas and biodiesel (as defined by section 40A(d)(1)). (3) Gasoline gallon equivalent For purposes of paragraph (1), the term gasoline gallon equivalent means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. (d) Other definitions For purposes of this section— (1) Eligible business The term eligible business means— (A) a qualified business entity or a qualified proprietorship (as such terms are defined by section 1397C, determined by substituting nonattainment area for empowerment zone and enterprise zone each place it appears), and (B) a trade or business located outside of a nonattainment area, but only with respect to qualified clean-fuel vehicle property used substantially within a nonattainment area. (2) Nonattainment area The term nonattainment area shall have the meaning given to such term by section 171 of the Clean Air Act ( 42 U.S.C. 7501 ). (e) Denial of double benefit Except as provided in section 30B(d)(4), no credit shall be allowed under subsection (a) for any expense for which a deduction or credit is allowed under any other provision of this chapter. (f) Recapture The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) with respect to any property substantially all of the use of which is not in a nonattainment area. . (b) Credit made part of general business credit Subsection (b) of section 38 of such Code (relating to current year business credit) is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end thereof the following new paragraph: (37) the clean-fuel credit determined under section 45S. . (c) Denial of double benefit Section 280C of such Code (relating to certain expenses for which credits are allowable) is amended by adding at the end thereof the following new subsection: (i) Zone clean fuels expenses No deduction shall be allowed for that portion of expenses for clean-burning fuel otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for such taxable year under section 45S. . (d) Credit allowed against regular and minimum tax Subparagraph (B) of section 38(c)(4) of such Code (relating to specified credits) is amended by striking and at the end of clause (viii), by striking the period at the end of clause (ix) and inserting , and , and by inserting after clause (ix) the following: (x) the credit determined under section 45S. . (e) Deduction for certain unused business credits Subsection (c) of section 196 of such Code is amended by striking and at the end of paragraph (13), by striking the period at the end of paragraph (14) and inserting , and , and by adding after paragraph (14) the following new paragraph: (15) the clean fuels credit determined under section 45S. . (f) Conforming amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 45R the following new item: Sec. 45S. Clean-fuel credit with respect to businesses located in nonattainment areas. . (g) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2012. 3. Credit for hybrid vehicles placed in service in nonattainment areas (a) In general Subsection (d) of section 30B of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Vehicles placed in service in nonattainment area after 2012 (A) In general No amount shall be allowed as a credit determined under this subsection for any taxable year beginning after 2012 with respect to a new qualified hybrid motor vehicle unless such vehicle is placed in service by an eligible business and substantially all of the use of which is in a nonattainment area. (B) Recapture The Secretary shall, by regulations, provide for recapturing the benefit under any credit allowable under subsection (a) by reason of subparagraph (A) with respect to any property substantially all of the use of which is not in a nonattainment area. (C) Phaseout not to apply For purposes of this subsection, subsection (f) shall not apply. (D) Definitions For purposes of this subsection, the terms eligible business and nonattainment area have the meanings given such terms by section 45S(d). . (b) Extension of credit for hybrid vehicles placed in service in nonattainment areas Paragraph (3) of section 30(k) of such Code is amended to read as follows: (3) in the case of a new qualified hybrid motor vehicle (as described in subsection (d)(2)(B))— (A) December 31, 2009, and before January 1, 2013, or (B) December 31, 2012, and before January 1, 2018. . (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2012.

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113-hr-408

I 113th CONGRESS 1st Session H. R. 408 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Sessions 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 repeal certain limitations on the expensing of section 179 property, to allow taxpayers to elect shorter recovery periods for purposes of determining the deduction for depreciation, and for other purposes. 1. Short title This Act may be cited as the Expensing Property Expands our Nation’s Strong Economy Act of 2013 or as the EXPENSE Act of 2013 . 2. Repeal of certain limitations on the expensing of section 179 property (a) In general Section 179 of the Internal Revenue Code of 1986 is amended by striking subsections (b) and (e) and by redesignating subsections (c), (d), and (f) as subsections (b), (c), and (d), respectively. (b) Conforming amendments (1) Subsection (c) of section 179 of such Code, as redesignated by subsection (a), is amended by striking paragraphs (6) and (8), and by redesignating paragraphs (7), (9), and (10) as paragraphs (6), (7), and (8), respectively. (2) Paragraph (6) of section 179(c) of such Code, as redesignated by paragraph (1) and subsection (a), is amended by striking paragraphs (2) and (6) and inserting paragraph (2) . (3) Subsection (d) of section 179 of such Code, as redesignated by subsection (a), is amended— (A) by striking in 2010, 2011, 2012, or 2013 in paragraph (1), and (B) by striking paragraphs (3) and (4). (4) Sections 42(d)(2)(B)(i), 1397D(d)(1), 1400B(b)(4)(A)(i) and 1400F(b)(4)(A)(i) of such Code are each amended by striking section 179(d)(2) and inserting section 179(c)(2) . (5) Subclause (I) of section 42(d)(2)(D)(iii) of such Code is amended— (A) by striking section 179(d) and inserting section 179(c) , and (B) by striking section 179(d)(7) and inserting section 179(c)(6) . (6) (A) Subpart B of part III of subchapter U of chapter 1 of such Code is hereby repealed. (B) The table of subparts for such part III is amended by striking the item relating to subpart B. (7) (A) Part III of subchapter X of chapter 1 of such Code is amended by striking section 1400J. (B) The table of sections for such part is amended by striking the item relating to section 1400J. (C) Paragraph (3) of section 1400E(b) of such Code is amended by striking sections 1400F and 1400J and inserting section 1400F . (8) Clause (iv) of section 1400L(b)(2)(A) of such Code is amended by striking section 179(d) and inserting section 179(c) . (9) Section 1400L of such Code is amended by striking subsection (f). (c) Effective date The amendments made by this section shall apply to property placed in service during taxable years ending on or after the date of the enactment of this Act. 3. Election of shorter recovery period for purpose of determining depreciation deduction (a) In general Section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (o) Election of shorter recovery period (1) In general Notwithstanding subsections (c), (e), (g), and (j), for purposes of subsection (a), the applicable recovery period for any property placed in service during a taxable year ending on or after the date of the enactment of this subsection shall not exceed any period of two or more years elected by the taxpayer with respect to such property. (2) Election An election made under this subsection shall be made at such time and in such form and manner as the Secretary may require. An election under this subsection, once made, shall apply to the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. (3) Transition rule In the case of any property placed in service during a taxable year ending before the date of the enactment of this subsection, paragraph (1) shall apply with respect to the adjusted basis of such property in the same manner as if such property (with such adjusted basis) were placed in service on the first day of the taxable year which includes the date of the enactment of this subsection. The application of this paragraph shall not be treated as a change in method of accounting for purposes of section 481. . (b) Effective date The amendment made by this section shall apply to property placed in service before, on, or after the date of the enactment of this Act.

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113-hr-409

I 113th CONGRESS 1st Session H. R. 409 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Simpson introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for Indian trust asset management reform, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Indian Trust Asset Reform Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—RECOGNITION OF TRUST RESPONSIBILITY Sec. 101. Congressional statement of findings. Sec. 102. Congressional reaffirmation of policy. TITLE II—INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT ACT Sec. 201. Short title. Sec. 202. Definitions. Sec. 203. Establishment of demonstration project; selection of participating Indian tribes. Sec. 204. Indian trust asset management plan. Sec. 205. Effect of title. TITLE III—RESTRUCTURING BUREAU OF INDIAN AFFAIRS AND OFFICE OF SPECIAL TRUSTEE Sec. 301. Purpose. Sec. 302. Definitions. Sec. 303. Under Secretary for Indian Affairs. Sec. 304. Transfer of functions of Assistant Secretary for Indian Affairs. Sec. 305. Office of Special Trustee for American Indians. Sec. 306. Cost savings recommendations. Sec. 307. Hiring preference. I RECOGNITION OF TRUST RESPONSIBILITY 101. Congressional statement of findings The Congress, after careful review of the Federal Government’s historical and special legal relationship with, and resulting responsibilities to, American Indian people, finds that— (1) the relationship of Indian tribes to the United States is founded in part on the settled doctrine of the law of nations that when a stronger sovereign assumes authority over a weaker sovereign, the stronger one assumes a duty of protection for the weaker one, which does not surrender its right to self-government; (2) the United States fiduciary responsibilities to Indians also constitutes a foundational basis for, not merely a function of, congressional legislation regarding Indians because it constitutes an inherent presupposition of our constitutional structure, which provides an inherent limit on the exercise and application of the Indian Commerce Clause and the Treaty Clause of the Constitution; (3) the United States fiduciary responsibilities to Indians also are founded in part on specific commitments made through written treaties and agreements securing peace, in exchange for which Indians have surrendered claims to vast tracts of land, which provided legal consideration for permanent, ongoing performance of Federal trust duties; and (4) the foregoing historic Federal-tribal relations and understandings have benefitted the people of the United States as a whole for centuries and established enduring and enforceable Federal obligations to which the national honor has been committed. 102. Congressional reaffirmation of policy Pursuant to its constitutionally vested authority over Indian affairs, the Congress hereby reaffirms the following regarding the proper discharge of the United States fiduciary responsibilities to Indians— (1) enforceable fiduciary duties necessarily arise when the United States assumes control or supervision over tribal trust assets even though nothing is said expressly in the governing statutes or regulations, unless Congress has expressly specified otherwise; (2) in general, the most exacting common-law fiduciary standards which govern private trustees also govern the United States when it manages Indian trust assets, and enforceable Federal trust duties for Indian trust asset management are not limited to the express terms of statutes and regulations; (3) the fact that the United States simultaneously performs another task for another interest that Congress has obligated it by statute to do does not compromise or limit the United States enforceable fiduciary obligations to Indians; and (4) the United States fiduciary responsibilities to Indian tribes include and are not limited by a duty to promote tribal self-determination regarding governmental authority and economic development. II INDIAN TRUST ASSET MANAGEMENT DEMONSTRATION PROJECT ACT 201. Short title This title may be cited as the Indian Trust Asset Management Demonstration Project Act of 2013 . 202. Definitions In this title: (1) Project The term Project means the Indian trust asset management demonstration project established under section 103(a). (2) Indian tribe The term Indian tribe means an Indian tribe that— (A) is federally recognized; and (B) submits an application under section 203(c). (3) Secretary The term Secretary means the Secretary of the Interior. 203. Establishment of demonstration project; selection of participating Indian tribes (a) In general The Secretary shall establish and carry out an Indian trust asset management demonstration project, in accordance with this title. (b) Selection of participating Indian tribes (1) Indian tribes (A) In general Any Indian tribe shall be eligible to participate in the Project if— (i) the Indian tribe submits to the Secretary an application under subsection (c); and (ii) the Secretary approves the application of the Indian tribe. (2) Notice (A) In general The Secretary shall provide a written notice to each Indian tribe approved to participate in the Project. (B) Contents A notice under subparagraph (A) shall include— (i) a statement that the application of the Indian tribe has been approved by the Secretary; and (ii) a requirement that the Indian tribe shall submit to the Secretary a proposed Indian trust asset management plan in accordance with section 104. (c) Application (1) In general To be eligible to participate in the Project, an Indian tribe shall submit to the Secretary a written application in accordance with paragraph (2). (2) Requirements The Secretary shall take into consideration an application under this subsection only if the application— (A) includes a copy of a resolution or other appropriate action by the governing body of the Indian tribe, as determined by the Secretary, in support of or authorizing the application; (B) is received by the Secretary after the date of enactment of this Act; and (C) states that the Indian tribe is requesting to participate in the Project. (d) Duration The Project shall remain in effect for a period of 8 years after the date of enactment of this Act. 204. Indian trust asset management plan (a) Proposed plan (1) Submission After the date on which an Indian tribe receives a notice from the Secretary under section 203(b)(2), the Indian tribe shall submit to the Secretary a proposed Indian trust asset management plan in accordance with paragraph (2). (2) Contents A proposed Indian trust asset management plan shall include provisions that— (A) identify the trust assets that will be subject to the plan, including financial and nonfinancial trust assets; (B) establish trust asset management objectives and priorities for Indian trust assets that are located within the reservation, or otherwise subject to the jurisdiction, of the Indian tribe; (C) allocate trust asset management funding that is available for the Indian trust assets subject to the plan in order to meet the trust asset management objectives and priorities; (D) if the Indian tribe has contracted or compacted functions or activities under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ) relating to the management of trust assets— (i) identify the functions or activities that are being performed by the Indian tribe under the contracts or compacts; and (ii) describe the proposed management systems, practices, and procedures that the Indian tribe will follow; (E) establish procedures for nonbinding mediation or resolution of any dispute between the Indian tribe and the United States relating to the trust asset management plan; (F) include a process for the Indian tribe and the Federal agencies affected by the trust asset management plan to conduct annual evaluations to ensure that trust assets are being managed in accordance with the plan; and (G) identify any Federal regulations that will be superseded by the plan. (3) Authority of Indian tribes to develop systems, practices, and procedures For purposes of preparing and carrying out a management plan under this section, an Indian tribe that has compacted or contracted activities or functions under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450 et seq. ), for purposes of carrying out the activities or functions, may develop and carry out trust asset management systems, practices, and procedures that differ from any such systems, practices, and procedures used by the Secretary in managing the trust assets if the systems, practices, and procedures of the Indian tribe meet the requirements of the laws, standards, and responsibilities described in subsection (c). (4) Technical assistance and information The Secretary shall provide to an Indian tribe any technical assistance and information, including budgetary information, that the Indian tribe determines to be necessary for preparation of a proposed plan on receipt of a written request from the Indian tribe. (b) Approval and disapproval of proposed plans (1) Approval (A) In general Not later than 120 days after the date on which an Indian tribe submits a proposed Indian trust asset management plan under subsection (a), the Secretary shall approve or disapprove the proposed plan. (B) Requirements for disapproval The Secretary shall approve a proposed plan unless the Secretary determines that— (i) the proposed plan fails to address a requirement under subsection (a)(2); (ii) the proposed plan includes one or more provisions that are inconsistent with subsection (c); or (iii) the cost of implementing the proposed plan exceeds the amount of funding available for the management of trust assets that would be subject to the proposed plan. (2) Action on disapproval (A) Notice If the Secretary disapproves a proposed plan under paragraph (1)(B), the Secretary shall provide to the Indian tribe a written notice of the disapproval, including any reason why the proposed plan was disapproved. (B) Action by tribes If a proposed plan is disapproved under paragraph (1)(B), the Indian tribe may resubmit an amended proposed plan not later than 90 days after the date on which the Indian tribe receives the notice under subparagraph (A). (3) Failure to approve or disapprove If the Secretary fails to approve or disapprove a proposed plan in accordance with paragraph (1), the plan shall be considered to be approved. (4) Judicial review An Indian tribe may seek judicial review of the determination of the Secretary in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act ) if— (A) the Secretary disapproves the proposed plan of the Indian tribe under paragraph (1) or (3); and (B) the Indian tribe has exhausted any other administrative remedy available to the Indian tribe. (c) Applicable laws; standards; trust responsibility (1) Applicable laws An Indian trust asset management plan, and any activity carried out under the plan, shall not be approved unless the proposed plan is consistent with— (A) all Federal treaties, statutes, Executive orders, and court decisions that are applicable to the trust assets, or the management of the trust assets, identified in the plan; and (B) all tribal laws that are applicable to the trust assets, or the management of trust assets, identified in the plan, except to the extent that the laws are inconsistent with the treaties, statutes, Executive orders, and court decisions referred to in subparagraph (A). (2) Standards Subject to the laws referred to in paragraph (1)(A), an Indian trust asset management plan shall not be approved unless the Secretary determines that the plan will— (A) protect trust assets from loss, waste, and unlawful alienation; (B) promote the interests of the beneficial owner of the trust asset; (C) conform, to the maximum extent practicable, to the preferred use of the trust asset by the beneficial owner, unless the use is inconsistent with a treaty, statute, regulation, Executive order, or court decision referred to in paragraph (1)(A); (D) protect any applicable treaty-based fishing, hunting and gathering, and similar rights relating to the use, access, or enjoyment of a trust asset; and (E) require that any activity carried out under the plan be carried out in good faith and with loyalty to the beneficial owner of the trust asset. (3) Trust responsibility An Indian trust asset management plan shall not be approved unless the Secretary determines that the plan is consistent with the trust responsibility of the United States to the Indian tribe and individual Indians. (d) Termination of plan (1) In general An Indian tribe may terminate an Indian trust asset management plan on any date after the date on which a proposed Indian trust asset management plan is approved by providing to the Secretary— (A) a notice of the intent of the Indian tribe to terminate the plan; and (B) a resolution of the governing body of the Indian tribe authorizing the termination of the plan. (2) Effective date A termination of an Indian trust asset management plan under paragraph (1) takes effect on October 1 of the first fiscal year following the date on which a notice is provided to the Secretary under paragraph (1)(A). 205. Effect of title (a) Liability Nothing in this title, or a trust asset management plan approved under section 204, shall independently diminish, increase, create, or otherwise affect the liability of the United States or an Indian tribe participating in the Project for any loss resulting from the management of an Indian trust asset under an Indian trust asset management plan. (b) Effect on other laws Except for any regulation superseded by a trust asset management plan approved under section 204, nothing in this title amends or otherwise affects the application of any treaty, statute, regulation, Executive order, or court decision that is applicable to Indian trust assets or the management or administration of Indian trust assets. (c) Trust responsibility Nothing in this title diminishes or otherwise affects the trust responsibility of the United States to Indian tribes and individual Indians. III RESTRUCTURING BUREAU OF INDIAN AFFAIRS AND OFFICE OF SPECIAL TRUSTEE 301. Purpose The purpose of this title is to ensure a more effective and accountable administration of duties of the Secretary of the Interior with respect to providing services and programs to Indians and Indian tribes, including the management of Indian trust resources. 302. Definitions In this title: (1) Bureau The term Bureau means the Bureau of Indian Affairs. (2) Office The term Office means the Office of Trust Reform Implementation and Oversight referred to in section 303(c). (3) Secretary The term Secretary means the Secretary of the Interior. (4) Under secretary The term Under Secretary means the individual appointed to the position of Under Secretary for Indian Affairs, established by section 303(a). 303. Under Secretary for Indian Affairs (a) Establishment of position There is established in the Department of the Interior the position of Under Secretary for Indian Affairs, who shall report directly to the Secretary. (b) Appointment (1) In general Except as provided in paragraph (2), the Under Secretary shall be appointed by the President, by and with the advice and consent of the Senate. (2) Exception The officer serving as the Assistant Secretary for Indian Affairs on the date of enactment of this Act may assume the position of Under Secretary without appointment under paragraph (1) if— (A) the officer was appointed as Assistant Secretary for Indian Affairs by the President by and with the advice and consent of the Senate; and (B) not later than 180 days after the date of enactment of this Act, the Secretary approves the assumption. (c) Duties In addition to the duties transferred to the Under Secretary under sections 304 and 305, the Under Secretary, acting through an Office of Trust Reform Implementation and Oversight, shall— (1) carry out any activity relating to trust fund accounts and trust resource management of the Bureau (except any activity carried out under the Office of the Special Trustee for American Indians before the date on which the Office of the Special Trustee is abolished), in accordance with the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4001 et seq. ); (2) develop and maintain an inventory of Indian trust assets and resources; (3) coordinate with the Special Trustee for American Indians to ensure an orderly transition of the functions of the Special Trustee under section 305; (4) supervise any activity carried out by the Department of the Interior, including but not limited to— (A) to the extent that the activities relate to Indian affairs, activities carried out by— (i) the Commissioner of Reclamation; (ii) the Director of the Bureau of Land Management; (iii) the Director of the Office of Natural Resources Revenue; (iv) the Director of the National Park Service; and (v) the Director of the U.S. Fish and Wildlife Service; and (B) intergovernmental relations between the Bureau and Indian tribal governments; (5) to the maximum extent practicable, coordinate activities and policies of the Bureau with activities and policies of— (A) the Bureau of Reclamation; (B) the Bureau of Land Management; (C) the Office of Natural Resources Revenue; (D) the National Park Service; and (E) the U.S. Fish and Wildlife Service; (6) provide for regular consultation with Indians and Indian tribes that own interests in trust resources and trust fund accounts; (7) manage and administer Indian trust resources in accordance with any applicable Federal law; (8) take steps to protect the security of data relating to individual Indian and Indian tribal trust accounts; and (9) take any other measure the Under Secretary determines to be necessary with respect to Indian affairs. 304. Transfer of functions of Assistant Secretary for Indian Affairs (a) Transfer of functions There is transferred to the Under Secretary any function of the Assistant Secretary for Indian Affairs that has not been carried out by the Assistant Secretary as of the date of enactment of this Act. (b) Determinations of certain functions by the office of management and budget If necessary, the Office of Management and Budget shall make any determination relating to the functions transferred under subsection (a). (c) Personnel provisions (1) Appointments The Under Secretary may appoint and fix the compensation of such officers and employees as the Under Secretary determines to be necessary to carry out any function transferred under this section. (2) Requirements Except as otherwise provided by law— (A) an officer or employee described in paragraph (1) shall be appointed in accordance with the civil service laws; and (B) the compensation of the officer or employee shall be fixed in accordance with title 5, United States Code. (d) Delegation and assignment (1) In general Except as otherwise expressly prohibited by law or otherwise provided by this section, the Under Secretary may— (A) delegate any of the functions transferred to the Under Secretary by this section and any function transferred or granted to the Under Secretary after the date of enactment of this Act to such officers and employees of the Office as the Under Secretary may designate; and (B) authorize successive redelegations of such functions as the Under Secretary determines to be necessary or appropriate. (2) Delegation No delegation of functions by the Under Secretary under this section shall relieve the Under Secretary of responsibility for the administration of the functions. (e) Reorganization The Under Secretary may allocate or reallocate any function transferred under this section among the officers of the Office, and establish, consolidate, alter, or discontinue such organizational entities in the Office, as the Under Secretary determines to be necessary or appropriate. (f) Rules The Under Secretary may prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Under Secretary determines to be necessary or appropriate to administer and manage the functions of the Office. (g) Transfer and allocations of appropriations and personnel (1) In general Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with, the functions transferred by this section, subject to section 1531 of title 31, United States Code, shall be transferred to the Office. (2) Unexpended funds Unexpended funds transferred pursuant to this subsection shall be used only for the purposes for which the funds were originally authorized and appropriated. (h) Incidental transfers (1) In general The Director of the Office of Management and Budget, at any time the Director may provide, may make such determinations as are necessary with regard to the functions transferred by this section, and make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as are necessary, to carry out this section. (2) Termination of affairs The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this section and for any further measures and dispositions as are necessary to effectuate the purposes of this section. (i) Effect on personnel (1) In general Except as otherwise provided by this section, the transfer pursuant to this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for a period of at least 1 year after the date of transfer of the employee under this section. (2) Executive schedule positions Except as otherwise provided in this section, any person who, on the day preceding the date of enactment of this Act, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed to a position in the Office having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of the service of the person in the new position. (3) Termination of certain positions Positions whose incumbents are appointed by the President, by and with the advice and consent of the Senate, the functions of which are transferred by this title, shall terminate on the date of enactment of this Act. (j) Separability If a provision of this section or the application of this section to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. (k) Transition The Under Secretary may use— (1) the services of the officers, employees, and other personnel of the Assistant Secretary for Indian Affairs relating to functions transferred to the Office by this section; and (2) funds appropriated to the functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. (l) References Any reference in a Federal law, Executive order, rule, regulation, delegation of authority, or document relating to the Assistant Secretary for Indian Affairs, with respect to functions transferred under this section, shall be deemed to be a reference to the Under Secretary. (m) Recommended legislation Not later than 180 days after the effective date of this title, the Under Secretary, in consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, shall submit to Congress any recommendations relating to additional technical and conforming amendments to Federal law to reflect the changes made by this section. (n) Effect of section (1) Continuing effect of legal documents Any legal document relating to a function transferred by this section that is in effect on the date of enactment of this Act shall continue in effect in accordance with the terms of the document until the document is modified or terminated by— (A) the President; (B) the Under Secretary; (C) a court of competent jurisdiction; or (D) operation of Federal or State law. (2) Proceedings not affected This section shall not affect any proceeding (including a notice of proposed rulemaking, an administrative proceeding, and an application for a license, permit, certificate, or financial assistance) relating to a function transferred under this section that is pending before the Assistant Secretary on the date of enactment of this Act. 305. Office of Special Trustee for American Indians (a) Termination Notwithstanding sections 302 and 303 of the American Indian Trust Fund Management Reform Act of 1994 ( 25 U.S.C. 4042 ; 4043), the Office of Special Trustee for American Indians shall terminate on the effective date of this section. (b) Transfer of functions There is transferred to the Under Secretary any function of the Special Trustee for American Indians that has not been carried out by the Special Trustee as of the effective date of this section. (c) Determinations of certain functions by the office of management and budget If necessary, the Office of Management and Budget shall make any determination relating to the functions transferred under subsection (b). (d) Personnel provisions (1) Appointments The Under Secretary may appoint and fix the compensation of such officers and employees as the Under Secretary determines to be necessary to carry out any function transferred under this section. (2) Requirements Except as otherwise provided by law— (A) any officer or employee described in paragraph (1) shall be appointed in accordance with the civil service laws; and (B) the compensation of such an officer or employee shall be fixed in accordance with title 5, United States Code. (e) Delegation and assignment (1) In general Except as otherwise expressly prohibited by law or otherwise provided by this section, the Under Secretary may— (A) delegate any of the functions transferred to the Under Secretary under this section and any function transferred or granted to the Under Secretary after the effective date of this section to such officers and employees of the Office as the Under Secretary may designate; and (B) authorize successive redelegations of the functions as are necessary or appropriate. (2) Delegation No delegation of functions by the Under Secretary under this section shall relieve the Under Secretary of responsibility for the administration of the functions. (f) Reorganization The Under Secretary may allocate or reallocate any function transferred under subsection (b) among the officers of the Office, and establish, consolidate, alter, or discontinue such organizational entities in the Office as the Under Secretary determines to be necessary or appropriate. (g) Rules The Under Secretary may prescribe, in accordance with the provisions of chapters 5 and 6 of title 5, United States Code, such rules and regulations as the Under Secretary determines to be necessary or appropriate to administer and manage the functions of the Office. (h) Transfer and Allocations of Appropriations and Personnel Except as otherwise provided in this section, the personnel employed in connection with, and the assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred by this section, subject to section 1531 of title 31, United States Code, shall be transferred to the Office. (i) Incidental transfers (1) In general The Director of the Office of Management and Budget, at any time the Director may provide, may make such determinations as are necessary with regard to the functions transferred by this section, and make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as are necessary, to carry out this section. (2) Termination of affairs The Director of the Office of Management and Budget shall provide for the termination of the affairs of all entities terminated by this section and for any further measures and dispositions as are necessary to effectuate the purposes of this section. (j) Effect on personnel (1) In general Except as otherwise provided by this section, the transfer pursuant to this section of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for a period of at least 1 year after the date of transfer of the employee under this section. (2) Executive schedule positions Except as otherwise provided in this section, any person who, on the day preceding the effective date of this section, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5, United States Code, and who, without a break in service, is appointed to a position in the Office having duties comparable to the duties performed immediately preceding such appointment, shall continue to be compensated in the new position at not less than the rate provided for the previous position, for the duration of the service of the person in the new position. (3) Termination of certain positions Positions the incumbents of which are appointed by the President, by and with the advice and consent of the Senate, and the functions of which are transferred by this title, shall terminate on the effective date of this section. (k) Separability If a provision of this section or the application of this section to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. (l) Transition The Under Secretary may use— (1) the services of the officers, employees, and other personnel of the Special Trustee relating to functions transferred to the Office by this section; and (2) funds appropriated to those functions for such period of time as may reasonably be needed to facilitate the orderly implementation of this section. (m) References Any reference in a Federal law, Executive order, rule, regulation, delegation of authority, or document relating to the Special Trustee, with respect to functions transferred under this section, shall be deemed to be a reference to the Under Secretary. (n) Recommended legislation Not later than 180 days after the effective date of this title, the Under Secretary, in consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, shall submit to Congress any recommendations relating to additional technical and conforming amendments to Federal law to reflect the changes made by this section. (o) Effect of section (1) Continuing effect of legal documents Any legal document relating to a function transferred by this section that is in effect on the effective date of this section shall continue in effect in accordance with the terms of the document until the document is modified or terminated by— (A) the President; (B) the Under Secretary; (C) a court of competent jurisdiction; or (D) operation of Federal or State law. (2) Proceedings not affected This section shall not affect any proceeding (including a notice of proposed rulemaking, an administrative proceeding, and an application for a license, permit, certificate, or financial assistance) relating to a function transferred under this section that is pending before the Special Trustee on the effective date of this section. (p) Effective date This section shall take effect on April 1, 2014, or 180 days following enactment of this Act into law, whichever is earlier. 306. Cost savings recommendations (a) Cost savings identification Within 60 days of the effective date in section 305(p), the Under Secretary shall initiate procedures to— (1) identify the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) that will not have to operate or carry out as a result of any transfer of functions and personnel under section 305; (2) identify the amounts that the Secretary would have otherwise expended to operate or carry out each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to paragraph (1); and (3) provide to the Secretary and the tribal representatives of the Tribal/Interior Budget Council, within 120 days of the effective date in section 305(p), a list of the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) identified pursuant paragraph (1) and the amounts associated with each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to paragraph (2). (b) Tribal recommendations Within 120 days of receipt of the information in subsection (a)(3), the tribal representatives of the Tribal/Interior Budget Council may provide recommendations to the Secretary and the Office of Management and Budget on how any amounts or cost savings should be reallocated and/or incorporated into future budget requests. 307. Hiring preference In appointing or otherwise hiring any employee to the Office, the Under Secretary shall give preference to Indians in accordance with section 12 of the Act of June 8, 1934 ( 25 U.S.C. 472 ).

https://www.govinfo.gov/content/pkg/BILLS-113hr409ih/xml/BILLS-113hr409ih.xml

113-hr-410

I 113th CONGRESS 1st Session H. R. 410 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Stockman introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide that any executive action infringing on the Second Amendment has no force or effect, and to prohibit the use of funds for certain purposes. 1. Short Title This Act may be cited as the Restore the Constitution Act of 2013 . 2. Sense of Congress (a) In General That it is the sense of Congress that any executive action issued by the President before, on, or after the date of the enactment of this Act that infringes on the powers and duties of Congress under section 8 of article I of the Constitution or the Second Amendment to the Constitution, or that would require the expenditure of Federal funds not specifically appropriated for the purpose of executive action, is advisory only and has no force or effect unless enacted by law. (b) Definition of Executive Action In this Act, the term executive action includes an Executive order, memoranda, proclamation or signing statement. 3. Vitiation of Effect of Executive Action Any existing or proposed executive action that infringes on the powers and duties of Congress under section 8 of article I of the Constitution or the Second Amendment to the Constitution shall have no force or effect. 4. Prohibition Against Use of Funds for Certain Purposes No funds appropriated pursuant to any provision of law may be used to promulgate or enforce any executive action that infringes on the powers and duties of Congress under section 8 of article I of the Constitution or the Second Amendment to the Constitution. 5. Standing to challenge executive action which impacts article I, section 8 of the Constitution or the Second Amendment to the Constitution The following persons may bring an action in an appropriate United States court to challenge the validity of any executive action which infringes on the powers and duties of Congress under section 8 of article I of the Constitution or the Second Amendment to the Constitution. (1) Congress and its members Any Member of the House of Representatives or the Senate, or either or both chambers acting pursuant to vote, if the challenged action— (A) infringes on the powers and duties of Congress under article I, section 8 of the Constitution; or (B) violates the Second Amendment to the Constitution. (2) State and local governments The highest governmental official of any State, commonwealth, district, territory or possession of the United States, or any political subdivision thereof, or the designee of such person, if the challenged executive action infringes on a power of such State or on a power afforded to such commonwealth, district, territory, or possession under any congressional enactment or relevant treaty of the United States. (3) Aggrieved persons Any person aggrieved in a liberty or property interest adversely affected by the challenged executive action.

https://www.govinfo.gov/content/pkg/BILLS-113hr410ih/xml/BILLS-113hr410ih.xml

113-hr-411

I 113th CONGRESS 1st Session H. R. 411 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Tonko (for himself, Mr. Conyers , Mr. Hunter , Ms. Slaughter , Mr. Rangel , Mr. Michaud , Mr. Grijalva , Ms. Norton , Mr. Marino , Mr. Higgins , Mr. Cicilline , Mr. McGovern , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to establish a registry of certain veterans who were stationed at Fort McClellan, Alabama, and for other purposes. 1. Short title This Act may be cited a Fort McClellan Health Registry Act . 2. Fort McClellan Health Registry (a) Establishment The Secretary of Veterans Affairs shall establish and maintain a special record to be known as the Fort McClellan Health Registry (in this section referred to as the Registry ). (b) Contents Except as provided in subsection (c), the Registry shall include the following information: (1) A list containing the name of each individual who, while serving as a member of the Armed Forces, was stationed at Fort McClellan, Alabama, at any time during the period beginning January 1, 1935, and ending on May 20, 1999, and who— (A) applies for care or services from the Department of Veterans Affairs under chapter 17 of title 38, United States Code; (B) files a claim for compensation under chapter 11 of such title on the basis of any disability which may be associated with such service; (C) dies and is survived by a spouse, child, or parent who files a claim for dependency and indemnity compensation under chapter 13 of such title on the basis of such service; (D) requests from the Secretary a health examination under subsection (d); or (E) receives from the Secretary a health examination similar to the health examination referred to in subparagraph (D) and requests inclusion in the Registry. (2) Relevant medical data relating to the health status of, and other information that the Secretary considers relevant and appropriate with respect to, each individual described in paragraph (1) who— (A) grants to the Secretary permission to include such information in the Registry; or (B) at the time the individual is listed in the Registry, is deceased. (c) Individuals Submitting Claims or Making Requests Before Date of Enactment If in the case of an individual described in subsection (b)(1) the application, claim, or request referred to in such subsection was submitted, filed, or made, before the date of the enactment of this Act, the Secretary shall, to the extent feasible, include in the Registry such individual's name and the data and information, if any, described in subsection (b)(2) relating to the individual. (d) Examinations Upon the request of a veteran who was stationed at Fort McClellan, Alabama, at any time during the period beginning January 1, 1935, and ending on May 20, 1999, the Secretary shall provide the veteran with a health examination (including any appropriate diagnostic tests) and consultation and counseling with respect to the results of the examination and the tests. (e) Outreach (1) Ongoing outreach to individuals listed in Registry The Secretary shall, from time to time, notify individuals listed in the Registry of significant developments in research on the health consequences of potential exposure to a toxic substance or environmental hazard related to service at Fort McClellan. (2) Examination outreach The Secretary shall carry out appropriate outreach activities with respect to the provision of any health examinations (including any diagnostic tests) and consultation and counseling services under subsection (d). (f) Consultation The Secretary of Veterans Affairs shall consult with the Secretary of Defense to acquire information maintained by the Secretary of Defense that the Secretary of Veterans Affairs considers necessary to establish and maintain the Registry.

https://www.govinfo.gov/content/pkg/BILLS-113hr411ih/xml/BILLS-113hr411ih.xml

113-hr-412

I 113th CONGRESS 1st Session H. R. 412 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Ms. Tsongas introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate segments of the mainstem of the Nashua River and its tributaries in the Commonwealth of Massachusetts for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes. 1. Short title This Act may be cited as the Nashua River Wild and Scenic River Study Act . 2. Designation for study Section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) ) is amended by adding at the end the following: (___) Nashua River, Massachusetts (A) The approximately 19-mile segment of the mainstem of the Nashua River from the confluence of the North and South Nashua Rivers in Lancaster, Massachusetts, north to the Massachusetts/New Hampshire State line, and its tributaries, except the approximately 4.8-mile segment of the mainstem of the Nashua River from the Route 119 bridge in Groton, Massachusetts, downstream to its confluence with the Nissitissit River in Pepperell, Massachusetts. (B) The 10-mile segment of the Squannacook River from its headwaters at Ash Swamp downstream to its confluence with the Nashua River in Shirley/Ayer, Massachusetts. (C) The 3.5-mile segment of the Nissitissit River from the Massachusetts/New Hampshire State line downstream to its confluence with the Nashua River in Pepperell, Massachusetts. . 3. Study and report Section 5(b) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(b) ) is amended by adding at the end the following: (__) Study and report Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall complete the study of the Nashua River in Massachusetts and New Hampshire, as described in subsection (a)(___), and submit a report describing the results of that study to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. . 4. Report requirements The report required under section 3 of this Act shall— (1) include a discussion of the effect of the designation of the area to be studied under this Act under the Wild and Scenic Rivers Act on— (A) existing commercial and recreational activities, such as hunting, fishing, trapping, recreational shooting, motor boat use, or bridge construction; (B) the authorization, construction, operation, maintenance, or improvement of energy production and transmission infrastructure; and (C) the authority of State and local governments to manage those activities encompassed in subparagraphs (A) and (B); and (2) identify— (A) all authorities that will authorize or require the Secretary of the Interior to influence local land use decisions (such as zoning) or place restrictions on non-Federal land if the area studied under this Act is designated under the Wild and Scenic Rivers Act; (B) all authorities that the Secretary of the Interior may use to condemn property if the area studied under this Act is designated under the Wild and Scenic Rivers Act; and (C) all private property located in the area to be studied under this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr412ih/xml/BILLS-113hr412ih.xml

113-hr-413

I 113th CONGRESS 1st Session H. R. 413 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Welch (for himself, Mr. Hanna , Mr. Cooper , and Mr. Braley of Iowa ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To eliminate the 2-year delay in including oral-only ESRD-related drugs in the Medicare ESRD prospective payment system, as provided under section 632(b)(1) of the American Taxpayer Relief Act of 2012. 1. Eliminating the 2-year delay in implementation of oral-only ESRD-related drugs in the Medicare ESRD prospective payment system Section 632(b) of the American Taxpayer Relief Act of 2012 ( Public Law 112–240 ) is amended by striking all that precedes With respect to the implementation and inserting the following:: (b) Monitoring of implementation of oral-Only ESRD-Related drugs in the ESRD prospective payment system With respect to the implementation .

https://www.govinfo.gov/content/pkg/BILLS-113hr413ih/xml/BILLS-113hr413ih.xml

113-hr-414

I 113th CONGRESS 1st Session H. R. 414 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the continued lease or eventual conveyance of certain Federal land within the boundaries of Fort Wainwright Military Reservation in Fairbanks, Alaska. 1. Land lease and conveyance, Fort Wainwright Military Reservation, Fairbanks, Alaska (a) Covered land defined In this section, the term covered land means a parcel of Federal land consisting of approximately 76 acres in Fairbanks, Alaska, that— (1) is under the jurisdiction of the Bureau of Land Management; (2) was withdrawn for military use pursuant to Executive Order 7596 of 1937 and is administered by the Secretary of the Army as part of Fort Wainwright Military Reservation; and (3) contains a 400-home rental housing community pursuant to a Department of the Army lease (Lease No. DACA 85–1–86–71) dated June 26, 1986. (b) Authority To extend current lease (1) Authority to extend; term The Secretary of the Army may offer to extend the lease described in subsection (a)(3) for one or more periods of 15 years. (2) Notice of exercise of discretion to extend If the Secretary of the Army intends to offer any extension of the lease, as authorized by paragraph (1), the Secretary shall provide written notice of the offer to the current lessee and the Secretary of the Interior not later than 36 months before the date of the expiration of the lease. (c) Conveyance option If the lease described in subsection (a)(3) is not extended under subsection (b), then upon the expiration of the lease, the Secretary of the Army, with the concurrence of the Secretary of the Interior, shall use the authority provided by section 2878 of title 10, United States Code, to convey all right, title, and interest of the United States in and to the covered land. (d) National security waiver The Secretary of Defense may waive the conveyance requirement under subsection (c) if the Secretary of Defense determines that retention and military use of the covered land are in the national security interests of the United States. The waiver shall not take effect until the end of the 90-day period beginning on the date on which the Secretary of Defense notifies the Secretary of the Interior and Congress of the need for the waiver. (e) Appraisal required In the event of the conveyance of the covered land under subsection (c), the Secretary of the Army shall require an appraisal of the land, which shall be performed by an independent appraiser in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice . (f) Consideration As consideration for the conveyance of the covered land under subsection (c), the purchaser shall pay to the Secretary of the Army an amount equal to the appraised value of the covered land, as determined under subsection (e). (g) Costs of Conveyance All costs of the conveyance under subsection (c), including appraisal costs, shall be paid by the purchaser. (h) Revocation of withdrawal order In the event the covered land is conveyed under subsection (c), Executive Order 7596 of 1937 is revoked to the extent necessary to permit conveyance of the land.

https://www.govinfo.gov/content/pkg/BILLS-113hr414ih/xml/BILLS-113hr414ih.xml

113-hr-415

V 113th CONGRESS 1st Session H. R. 415 IN THE HOUSE OF REPRESENTATIVES January 23, 2013 Mr. Gutierrez introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Francisca Lino. 1. Permanent resident status for Francisca Lino (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Francisca Lino 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 Francisca Lino 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 Francisca Lino, the Secretary of State shall instruct the proper officer to reduce by one, 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 Francisca Lino 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-113hr415ih/xml/BILLS-113hr415ih.xml

113-hr-416

I 113th CONGRESS 1st Session H. R. 416 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Ms. Ros-Lehtinen introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To condition security assistance and economic assistance to the Government of Egypt in order to advance United States national security interests in Egypt, including encouraging the advancement of political, economic, and religious freedom in Egypt. 1. Short title This Act may be cited as the Egypt Accountability and Democracy Promotion Act . 2. Declaration of policy The policy of the United States shall be to use its foreign assistance for Egypt, including the Foreign Military Financing program, to advance United States national security interests in Egypt, including encouraging the advancement of political, economic, and religious freedom in Egypt. 3. Limitation on security assistance to the Government of Egypt (a) Limitation Of the amounts available for assistance for Egypt under section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ; relating to the Foreign Military Financing program)— (1) 10 percent of that amount shall be withheld from the Government of Egypt unless, not later than 30 days after the enactment of this Act, the Secretary of State has made the certification described in subsection (c); (2) 50 percent of that amount shall be withheld from the Government of Egypt if a further period of 30 days has elapsed immediately following the 30-day period described in paragraph (1) without a certification described in subsection (c) being in effect; and (3) 100 percent of that amount shall be withheld from the Government of Egypt if a further period of 120 days has elapsed immediately following the 30-day period described in paragraph (2) without a certification described in subsection (c) being in effect. (b) Report If the Secretary of State is unable to make the certification described in subsection (c) and applies the withholding of funds described in paragraph (1), (2), or (3) of subsection (a), as the case may be, the Secretary shall transmit to the appropriate congressional committees a report that contains the reasons therefor. (c) Certification A certification described in this subsection is a certification transmitted by the Secretary of State to the appropriate congressional committees that contains a determination of the Secretary that— (1) (A) the Government of Egypt is not directly or indirectly controlled by or under the influence of a foreign terrorist organization, its affiliates, or its supporters; and (B) no member, affiliate, or supporter of a foreign terrorist organization serves in a policy-making position in a ministry, agency, or instrumentality of the Government of Egypt; (2) the Government of Egypt— (A) has adopted and fully implemented legal reforms that protect the political, economic, and religious freedoms and human rights of all citizens and residents of Egypt; and (B) is not acting to restrict the political, economic, or religious freedoms and human rights of the citizens and residents of Egypt; (3) the Government of Egypt is fully implementing the Israel-Egypt Peace Treaty; and (4) the Government of Egypt is taking concrete, verifiable steps to detect and destroy the smuggling network and tunnels between Egypt and the Gaza Strip and to crack down on violent extremist groups and activities in the Sinai Peninsula. (d) Recertifications Not later than 90 days after the date on which the Secretary of State transmits to the appropriate congressional committees an initial certification under subsection (c), and every 6 months thereafter— (1) the Secretary shall transmit to the appropriate congressional committees a recertification that the requirements contained in subsection (c) are continuing to be met; or (2) if the Secretary is unable to make such a recertification, the Secretary shall apply the withholding of funds described in paragraph (1), (2), or (3) of subsection (a), as the case may be, and the Secretary shall transmit to the appropriate congressional committees a report that contains the reasons therefor. (e) Waiver The Secretary of State may waive the limitation in subsection (a)(3) for one or more 90-day periods with respect to up to 50 percent of the amount required to be withheld under such subsection if, for each such 90-day period, the Secretary determines and certifies to the appropriate congressional committees that it is in the national security interests of the United States to do so and transmits to the appropriate congressional committees a report with detailed reasoning for the determination and certification. (f) Transfer of Certain Interest for Egypt Any interest earned from amounts in an interest bearing account for Egypt to which funds made available under section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ; relating to the Foreign Military Financing program) shall be— (1) transferred to and consolidated with amounts available for assistance for the Middle East Partnership Initiative under chapter 4 of part II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2346 et seq. ; relating to the Economic Support Fund ); and (2) allocated for democracy and governance programs for Egypt, including direct support for secular, democratic nongovernmental organizations. (g) Report Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report that includes the following: (1) A description of the strategic objectives of the United States regarding the provision of United States security assistance to the Government of Egypt. (2) A description of biennial outlays of United States security assistance to the Government of Egypt for the purposes of strategic planning, training, provision of equipment, and construction of facilities, including funding streams. (3) A description of vetting and end-user monitoring systems in place by both Egypt and the United States for defense articles and training provided by the United States, including human rights vetting. (4) A description of actions that the Government of Egypt is taking to— (A) fully implement the Egypt-Israel peace treaty; (B) detect and destroy the smuggling network and tunnels between Egypt and the Gaza Strip and to crack down on violent extremist groups and activities in the Sinai Peninsula; (C) repudiate, combat, and stop incitement to violence against the United States and United States citizens and prohibit the transmission within its domains of satellite television or radio channels that broadcast such incitement; and (D) adopt and implement legal reforms that protect the religious and democratic freedoms of all citizens and residents of Egypt. (5) Recommendations, including with respect to required resources and actions, to maximize the effectiveness of United States security assistance provided to Egypt. (h) GAO Report Not later than 120 days after the date of the submission of the report required under subsection (f), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that— (1) reviews and comments on the report required under subsection (f); and (2) provides recommendations regarding additional actions with respect to the provision of United States security assistance to Egypt, if necessary. (i) Appropriate Congressional Committees Defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs of the House of Representatives; and (2) the Committee on Foreign Relations of the Senate. 4. Limitation on economic assistance to Egypt (a) Limitation Of the amounts available for assistance for Egypt under chapter 4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.; relating to the Economic Support Fund ), none of that amount may be provided for direct or indirect assistance to the Government of Egypt unless a certification described in section 3(c) is in effect. (b) Reallocation During a period in which a certification described in section 3(c) is not in effect, amounts that may not be provided for direct or indirect assistance to the Government of Egypt pursuant to the limitation under subsection (a) shall be reallocated for democracy and governance programs for Egypt, including direct support for secular, democratic nongovernmental organizations, as well as programming and support for rule of law and human rights, good governance, political competition and consensus-building, and civil society. 5. Government of Egypt defined In this Act, the term Government of Egypt means any person, agent, instrumentality, or official of, is affiliated with, or is serving as a representative of the Government of Egypt.

https://www.govinfo.gov/content/pkg/BILLS-113hr416ih/xml/BILLS-113hr416ih.xml

113-hr-417

I 113th CONGRESS 1st Session H. R. 417 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Ms. Ros-Lehtinen (for herself, Mr. Diaz-Balart , Ms. Wasserman Schultz , Ms. Wilson of Florida , and Mr. Garcia ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To direct the Secretary of Agriculture to convey to Miami-Dade County certain federally owned land in Florida, and for other purposes. 1. Conveyance of land comprising Subtropical Horticulture Research Station (a) Definitions In this section: (1) County The term County means Miami-Dade County in the State of Florida. (2) Property The term Property means approximately 2 acres, more or less, of the federally owned land comprising the Subtropical Horticulture Research Station in the County, which— (A) has been mutually delineated by the Secretary and the authorized representative of the County; and (B) fronts on SW 67th Avenue in Palmetto Bay, Florida. (3) Secretary The term Secretary means the Secretary of Agriculture. (b) Property Conveyance (1) In general Not later than 120 days after the date on which the County deposits the consideration under paragraph (2) and cost reimbursement provided in this section with the Department of Agriculture, the Secretary shall convey and quitclaim to the County, all rights, title, and interests of the United States in the Property, subject to easements and rights of record and such other reservations, terms, and conditions as the Secretary may prescribe. (2) Consideration (A) In general As consideration for the conveyance of the Property, the County shall pay to the Secretary an amount in cash equal to the market value of the property. (B) Appraisal To determine the market value of the Property, the Secretary shall have the Property appraised for the highest and best use of the Property in conformity with the Uniform Appraisal Standards for Federal Land Acquisitions developed by the Interagency Land Acquisition Conference. The approved appraisal shall at all times be the property of the United States. (3) Corrections With the agreement of the County, the Secretary may make minor corrections or modifications to the legal description of the Property. (4) Costs (A) Transaction costs Except as provided in subparagraph (C), the County shall, at closing for the conveyance of the Property under this section, pay or reimburse the Secretary, as appropriate, for the reasonable transaction and administrative personnel costs associated with the conveyance authorized by this section, including the transaction costs of appraisal, title, hazardous substances examination, and closing costs. (B) Administrative costs In addition to transaction costs under subparagraph (A), the County shall pay administrative costs in the liquidated amount of $50,000. (C) Attorneys’ fees The County and the Secretary shall each bear their own attorneys’ fees. (5) Survey The County shall, at its cost, survey the exterior boundaries of the Subtropical Horticulture Research Station and the Property in accordance with Federal survey standards and to the satisfaction of the Secretary, and shall provide to the Secretary certified originals with signature and raised seal. (6) Release The County, by a recordable instrument that the Secretary determines is satisfactory, shall release the Department of Agriculture from the instrument dated September 8, 2006, titled Unity of Title . (7) Security fencing On or before closing for the conveyance of the Property under this section, the County shall, at its cost, contract for the construction of a security fence located on the boundary between the Property and the adjacent land administered by the Secretary. The fence shall be of materials and standards approved in advance by the Secretary. The Secretary may approve temporary security structures for use during construction phases of the fence. (8) Other terms The Secretary and the County may otherwise effect the purpose of this section on such additional terms as are mutually acceptable and which are not inconsistent with the provisions of this section. (c) Receipts (1) In general The Secretary shall deposit all funds received from the conveyance authorized under this section, including the market value consideration and the reimbursement for costs, into the Treasury of the United States to be credited to the appropriation for the Agricultural Research Service. (2) Use of funds Notwithstanding any limitation in applicable appropriation Acts for the Department of Agriculture or the Agricultural Research Service, all funds deposited into the Treasury pursuant to subsection (b) shall be available to the Secretary until expended, without further appropriation, for the operation, upkeep, and maintenance of the Subtropical Horticulture Research Station.

https://www.govinfo.gov/content/pkg/BILLS-113hr417ih/xml/BILLS-113hr417ih.xml

113-hr-418

I 113th CONGRESS 1st Session H. R. 418 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Ms. Ros-Lehtinen introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reduce Medicare waste, fraud, and abuse by providing for enhanced penalties to combat Medicare and Medicaid fraud, for a Medicare data-mining system, for a study on applying biometric technology, and for other purposes. 1. Short title This Act may be cited as the Medicare Fraud Enforcement and Prevention Act of 2013 . 2. Enhanced criminal penalties to combat Medicare and Medicaid fraud (a) In general Section 1128B of the Social Security Act ( 42 U.S.C. 1320a–7b ) is amended— (1) in subsection (a), by striking $10,000 or imprisoned for not more than one year and inserting $20,000 or imprisoned for not more than two years ; and (2) in each of subsections (a), (b)(1), (b)(2), (c), and (d), by striking $25,000 or imprisoned for not more than five years and inserting $50,000 or imprisoned for not more than 10 years . (b) Illegal distribution of Medicare or Medicaid beneficiary identification or billing privileges Section 1128B of the Social Security Act (42 U.S.C. 1320a–7b) is amended by adding at the end the following new subsection: (h) Whoever knowingly purchases, sells, or unlawfully distributes, or arranges for the purchase, sale, or unlawful distribution of two or more Medicare or Medicaid beneficiary identification numbers or billing privileges under title XVIII or title XIX shall be imprisoned for not more than 10 years or fined under title 18, United States Code (or, if greater, an amount equal to the monetary loss to the Federal and any State government as a result of such acts), or both. . (c) Effective date The amendments made by this section shall apply to acts committed on or after the date of the enactment of this Act. 3. Enhanced civil authorities to combat Medicare and Medicaid fraud (a) Civil monetary penalties law alignment and other changes (1) Section 1128A(a) of the Social Security Act (42 U.S.C. 1320a–7a(a)) is amended— (A) in paragraph (1), by striking to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)), ; (B) by inserting after paragraph (10), as added by section 6402(d)(2) of the Patient Protection and Affordable Care Act (Public Law 111–148) the following new paragraphs: (11) conspires to commit a violation of this section; or (12) knowingly makes, uses, or causes to be made or used, a false record or statement material to an obligation to pay or transmit money or property to a Federal health care program, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to a Federal health care program; ; (C) in the first sentence— (i) by striking or in cases under paragraph (9) and inserting in cases under paragraph (9) ; and (ii) by striking fact) and inserting fact), in cases under paragraph (11), $50,000 for any violation described in this section committed in furtherance of the conspiracy involved, and in cases under paragraph (12), $50,000 for each false record or statement, or concealment, avoidance, or decrease ; and (D) in the second sentence, by striking material fact). and inserting material fact); or in cases under paragraph (11), an assessment of not more than 3 times the total amount that would otherwise apply for any violation described in this section committed in furtherance of the conspiracy involved; or in cases under paragraph (12), an assessment of not more than 3 times the total amount of the obligation to which the false record or statement was material or that was avoided or decreased. . (2) Section 1128A(c)(1) of the Social Security Act (42 U.S.C. 1320a–7a(c)(1)) is amended by striking six years and inserting 10 years . (3) Section 1128A(i) of the Social Security Act (42 U.S.C. 1320a–7a(i)) is amended— (A) by amending paragraph (2) to read as follows: (2) The term claim means any application, request, or demand, whether under contract, or otherwise, for money or property for items and services under a Federal health care program (as defined in section 1128B(f)), whether or not the United States or a State agency has title to the money or property, that— (A) is presented or caused to be presented to an officer, employee, or agent of the United States, or of any department or agency thereof, or of any State agency (as defined in subsection (i)(1)); or (B) is made to a contractor, grantee, or other recipient if the money or property is to be spent or used on the Federal health care program’s behalf or to advance a Federal health care program interest, and if the Federal health care program— (i) provides or has provided any portion of the money or property requested or demanded; or (ii) will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded. ; (B) by amending paragraph (3) to read as follows: (3) The term item or service means, without limitation, any medical, social, management, administrative, or other item or service used in connection with or directly or indirectly related to a Federal health care program. ; (C) in paragraph (7)— (i) by striking term should know means and inserting terms knowing , knowingly , and should know mean ; (ii) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and (C), respectively; (iii) by inserting before subparagraph (B), as redesignated by clause (ii), the following new subparagraph: (A) has actual knowledge of the information; ; and (iv) in the matter following subparagraph (C), as redesignated by clause (ii)— (I) by inserting require after and ; and (II) by striking is required ; and (D) by adding at the end the following new paragraphs: (8) The term obligation means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment. (9) The term material means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. . (b) Exclusion of responsible corporate officials Section 1128(b) of the Social Security Act ( 42 U.S.C. 1320a–7(b) ) is amended by striking clauses (i) and (ii) of paragraph (15)(A) and inserting the following: (i) who has or had a direct or indirect ownership or control interest in a sanctioned entity at the time of and who knew or should have known (as defined in section 1128(i)(7)) of any of the conduct that formed a basis for the conviction or exclusion described in subparagraph (B); or (ii) who is or was an officer or managing employee (as defined in section 1126(b)) of such an entity at the time of any of the conduct that formed a basis for the conviction or exclusion so described. . (c) Payment suspensions Subsection (o)(1) of section 1862 of the Social Security Act ( 42 U.S.C. 1395y ) is amended by striking may and inserting shall . (d) Civil monetary penalties for false statements or delaying inspections Paragraph (9) of section 1128A(a) of the Social Security Act (42 U.S.C. 1320a–7a(a)) is amended by inserting or to timely provide information in response to a request authorized by section 1128J(b), after regulations), . 4. Enhanced screening, Medicare data-mining system; biometric technology study (a) Enhanced screening Section 1866(j)(2)(B)(ii) of the Social Security Act ( 42 U.S.C. 1395cc(j)(2)(B)(ii) ) is amended by striking may and inserting shall . (b) Access to Real Time Claims and Payment Data Section 1128J(a)(2) of the Social Security Act is amended— (1) by inserting including real time claims and payment data, after access to claims and payment data ; and (2) by adding at the end the following sentence: In carrying out this section, the Inspector General of the Department of Health and Human Services, in consultation with the Attorney General, shall implement mechanisms for the sharing of information about suspected fraud relating to the Federal health care programs under titles XVIII, XIX, and XXI with other appropriate law enforcement officials. . (c) Study on use of biometric technology (1) In general The Secretary of Health and Human Services shall provide for a study that analyzes the feasibility and benefits in reducing waste, fraud, and abuse of carrying out a program (in this subsection referred to as a biometric technology program ) that implements biometric technology to ensure that individuals entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title are physically present at the time and place of receipt of certain items and services (specified by the Secretary) for which payment may be made under such title. Such a program may provide for financial incentives to encourage voluntary participation of providers of services (as defined in section 1861(u) of such Act) and suppliers (as defined in section 1861(d) of such Act). (2) Report Not later than 6 months after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the study conducted under paragraph (1). Such report shall include an analysis of the likely effectiveness of a biometric technology program on reducing waste, fraud, and abuse under the Medicare program and may include recommendations with regard to whether such a program, on a pilot or other basis, should be implemented.

https://www.govinfo.gov/content/pkg/BILLS-113hr418ih/xml/BILLS-113hr418ih.xml

113-hr-419

I 113th CONGRESS 1st Session H. R. 419 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Ms. Ros-Lehtinen (for herself, Mr. Sires , Mr. Diaz-Balart , Mr. Connolly , and Mr. Carter ) introduced the following bill; which was referred to the Committee on Foreign Affairs , 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 strengthen and clarify the commercial, cultural, and other relations between the people of the United States and the people of Taiwan, as codified in the Taiwan Relations Act, and for other purposes. 1. Short title This Act may be cited as the Taiwan Policy Act of 2013 . 2. Findings Congress finds the following: (1) The Taiwan Relations Act ( Public Law 96–8 ; 22 U.S.C. 3301 et seq. ), enacted in 1979, has continued for 34 years to be the cornerstone of United States–Taiwan relations and has served as an anchor for peace and security in the Western Pacific region. (2) The Taiwan Relations Act, in furthering the national interests of the United States in the Western Pacific region, has mandated that the United States will make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability, thus allowing the people of Taiwan to preserve a peaceful, democratic, and prosperous way of life. (3) The future of Taiwan must be determined in a peaceful manner and with the assent of the people of Taiwan. (4) The Taiwan Relations Act declares that— (A) peace and stability in the Western Pacific area are in the political, security, and economic interests of the United States, and are matters of international concern; (B) the United States decision to establish diplomatic relations with the People’s Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means; (C) the United States considers any effort to determine the future of Taiwan by other than peaceful means, including by boycotts or embargoes, a threat to the peace and security of the Western Pacific area and of grave concern to the United States; (D) the United States will maintain the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan; and (E) the preservation and enhancement of the human rights of all the people on Taiwan are reaffirmed as objectives of the United States. (5) In recent years United States–Taiwan relations have suffered from inattention and lack of strategic vision, thereby requiring the Congress to both clarify United States policy toward Taiwan and enhance its oversight role in the implementation of the Taiwan Relations Act. (6) In its China Military Power Report for 2012, Taiwan’s Ministry of National Defense (MND) estimated that more than 1,600 ballistic and cruise missiles are now being aimed at Taiwan by the Second Artillery Corps of the People’s Republic of China and other experts suggest that this number could increase to 1,800 in the near future. (7) The anti-secession law, passed by the National People’s Congress of the People’s Republic of China, was found by House Concurrent Resolution 98, passed in the House of Representatives on March 16, 2005, by a vote of 424–4, to create a legal framework for possible use of force against Taiwan and to provide a legal justification for the use of force against Taiwan, altering the status quo in the region, and thus is of grave concern to the United States. . (8) The legislative requirement to make available defense articles and defense services should include the provision of new F–16 C/D aircraft and upgrades of existing F–16 A/B aircraft essential to Taiwan’s security. (9) The 2012 Department of Defense’s Annual Report to Congress on Military and Security Developments Involving the People’s Republic of China noted that preparing for contingencies in the Taiwan Strait remains the principal focus and driver of much of China’s military investment. In this context, over the past year, the [People’s Liberation Army] continued to build the capabilities and develop the doctrine it considers necessary to deter Taiwan from declaring independence; to deter, delay, and deny effective U.S. intervention in a potential cross-Strait conflict; and to defeat Taiwan forces in the event of hostilities. . (10) The language contained in the Joint Communiqué of the United States of America and the People’s Republic of China, dated August 17, 1982, which states in part that arms sales to Taiwan will not exceed, either in qualitative or in quantitative terms, the level of those supplied in recent years shall not, to any degree, diminish the responsibility of the United States, as legislatively mandated in the Taiwan Relations Act, to make available to Taiwan such defense articles and defense services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability. . (11) The United States has sought diplomatically to preserve Taiwan’s international space, despite outside pressure and coercion, and has sought to secure Taiwan’s meaningful participation in such international organizations as the World Health Organization (WHO). (12) Given the critical importance of airport security in a post-September 11th international environment, the United States recognizes it is crucial for Taiwan to be admitted to meaningful participation in the International Civil Aviation Organization (ICAO) so that Taiwan may contribute to the success of a global strategy to address aviation security threats based on effective international cooperation. (13) Recognizing that the Taiwan Relations Act stated that it is the policy of the United States to preserve and promote extensive, close, and friendly commercial, cultural, and other relations between the people of the United States and the people on Taiwan the Secretary of Homeland Security announced on October 2, 2012, the designation of Taiwan into the Visa Waiver Program (VWP) with eligible Taiwan passport holders able to travel on the VWP beginning November 1, 2012. (14) The conclusion of the Economic Cooperation Framework Agreement (ECFA) between Taiwan and the People’s Republic of China in June 2010 or the adoption of any other cross-Strait economic measures shall not diminish in any degree the requirement contained in the Act to maintain the capacity of the United States to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan. . (15) The theory recently put forward in certain academic circles that the United States should acquiesce to China’s ascendancy in Asia and put aside the commitments made in the Taiwan Relations Act is based upon a false premise that ignores the example of a democratic Taiwan, the historic ties of friendship of the peoples of the United States and Taiwan, and the determination of the United States to remain as a Pacific power. (16) Total United States–Taiwan trade in 2011 was $67,200,000,000 and Taiwan was the 10th largest United States trading partner and the 6th largest market for United States agricultural exports. (17) It is in the economic interests of the United States and the national security interests of Taiwan for the peoples of the United States and Taiwan to further strengthen and revitalize their trade and investment ties, including through an expanded Trans-Pacific Partnership (TPP) Agreement or similar mechanism. 3. Rule of construction Nothing in this Act shall be construed to amend or supersede the Taiwan Relations Act. I Political Relations 101. Relations with the people of Taiwan The following shall be the policies of the United States: (1) Supporting Taiwan, Taiwan’s democracy, and the human rights of its people. (2) As noted in the Taiwan Relations Act, the absence of diplomatic relations or recognition shall not affect the application of the laws of the United States with respect to Taiwan, and the laws of the United States shall apply with respect to Taiwan in the manner that the laws of the United States applied with respect to Taiwan prior to January 1, 1979. . (3) The United States Government shall respect the right of the Taipei Economic and Cultural Representative Office (TECRO) to display its flag on its premises and the American Institute in Taiwan (AIT) and the residence of its Director in Taipei shall, correspondingly, publicly display the United States flag in the same manner as United States embassies, consulates, and official residences throughout the world. (4) The Taipei Economic and Cultural Representative Office and all other instrumentalities established by Taiwan, including the Twin Oaks Estate, may conduct official business activities, including activities which involve participation by Members of the United States Congress and other representatives of the Federal, State, and local governments, without any impediment from the United States Government or any foreign power. 102. Visits by cabinet level officials (a) Findings Congress finds the following: (1) Visits by United States cabinet officials and other high-ranking visitors are an indicator of the breadth and depth of ties between the United States and Taiwan. (2) In December 1992, United States Trade Representative Carla Hills visited Taiwan, marking the first cabinet-level visit since 1979. (3) Over the next 8 years the Administrator of the Small Business Administration, the Secretary of Energy, and 2 Secretaries of Transportation visited Taiwan. (4) No United States cabinet secretary has visited Taiwan since July 2000. (5) In March 2008, candidate Barack Obama wrote in a message congratulating Ma Ying-jeou on his election victory that [t]he U.S. should reopen blocked channels of communication with Taiwan officials , however no Cabinet-level visits to Taiwan have yet taken place. (b) Policy of the United States It shall be the policy of the United States to encourage visits by cabinet-level officials between the United States and Taiwan to foster commercial, technological, and people-to-people exchanges. 103. Revision of guidelines for contacts with Taiwan Notwithstanding the 1994 Taiwan policy review and current mandatory guidance from the Department of State regarding contacts with Taiwan, it shall be the policy of the United States to— (1) permit senior leaders of Taiwan to enter the United States under conditions which demonstrate appropriate courtesy and respect for the dignity of such leaders; (2) permit meetings between high-level Taiwanese and United States officials in all United States executive departments; (3) allow official travel to Taiwan for Department of State and Department of Defense personnel above the rank of office director or, for uniformed military personnel, above the level of 06 (Colonel, Navy Captain); and (4) support a decision by Taiwan to change the name of the Taipei Economic and Cultural Representative Office to that of the Taiwan Representative Office. 104. Requirement for Senate confirmation of an individual appointed to serve as the director of the American institute in Taiwan (a) In general Notwithstanding any other provision of law, the President shall appoint, by and with the advice and consent of the Senate, an individual to serve as the Director of the American Institute in Taiwan. (b) Transition The individual serving as the Director of the American Institute in Taiwan as of the date of the enactment of this Act may continue to serve in such capacity until such time as an individual is appointed and confirmed in accordance with subsection (a). 105. Extradition agreement (a) In general It shall be the policy of the United States to enhance judicial cooperation with Taiwan, currently conducted on the basis of the 2002 Agreement on Mutual Legal Assistance in Criminal Matters, by signing a comprehensive extradition agreement. (b) Report Not later than 180 days after the date of enactment of this Act, the President shall transmit to Congress a report that assesses whether a comprehensive extradition agreement between the United States and Taiwan may be submitted to the Senate for advice and consent as a treaty or whether, because of Taiwan’s unique status, such agreement must be submitted to both the House of Representatives and Senate for legislative approval. 106. Continuation of the six assurances as guidelines in conducting United States–Taiwan relations Notwithstanding any communiqués entered into between the United States and the People’s Republic of China, the United States continues to assent to the six assurances provided to Taiwan in July, 1982, including that the United States— (1) has not agreed to set a date for ending arms sales to Taiwan; (2) has not agreed to hold prior consultations with the People’s Republic of China on arms sales to Taiwan; (3) will not play any mediation role between Taipei and Beijing; (4) has not agreed to revise the Taiwan Relations Act; (5) has not altered its position regarding sovereignty over Taiwan; and (6) will not exert pressure on Taiwan to negotiate with the People’s Republic of China. 107. International organizations (a) Annual program To provide Taiwan with the international space it requires to function effectively in the world community, the Secretary of State shall direct the Department of State to continue its annual program to ensure meaningful participation by Taiwan in the World Health Assembly in Geneva, Switzerland, as well as meaningful participation for Taiwan in other relevant international organizations, such as the International Civil Aviation Organization (ICAO). (b) Meaningful participation by Taiwan The Secretary of State shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure meaningful participation for Taiwan in relevant United Nations Entities in which Taiwan has expressed an interest in participating. 108. Report on Taiwan’s participation in ICAO (a) In general The Secretary of State shall initiate a United States plan to endorse and obtain meaningful participation for Taiwan at the periodic Assemblies held by the International Civil Aviation Organization (ICAO) in Montreal, Canada, including the 38th Assembly to be held in September–October 2013, and in the meetings and activities of the ICAO and shall instruct the United States delegation to Montreal to implement such plan. (b) Report Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary of State shall submit to Congress a report containing the plan required under subsection (a). (c) Form The report required under subsection (b) shall be submitted in unclassified form, but may contain a classified annex if necessary. (d) Annual briefing The Secretary of State should provide an annual briefing to or consult with Congress on any efforts conducted by the United States Government in support of Taiwan’s progress toward meaningful participation in the ICAO. II Security Relations 201. Strengthening the defense of Taiwan (a) Maintenance of sufficient self-Defense capabilities of Taiwan Congress finds that any determination of the nature and quantity of defense articles or defense services to be made available to Taiwan that is made on any basis other than the defense needs of Taiwan, whether pursuant to the August 17, 1982, Communiqué signed with the People’s Republic of China, or any similar executive agreement, order, or policy would violate the intent of Congress specified in section 3(b) of the Taiwan Relations Act ( 22 U.S.C. 3302(b) ). (b) Foreign military sales and licensed defense exports under the Arms Export Control Act Congress finds that, in accordance with the Taiwan Relations Act, the core purpose of foreign military sales and licensed commercial exports under the Arms Export Control Act should be to assist Taiwan in its ability to— (1) deter coercion; (2) defend against a strategy of coercive diplomacy employing threats or limited force; (3) repel an invasion; and (4) partner with civil responders and friendly foreign militaries. (c) Defense transfers In order to accomplish the purposes of this section, the President is authorized to make available to Taiwan defense articles or defense services, including the following: (1) Air and air defense capabilities, including— (A) low-cost, survivable sensors; (B) command and control systems; (C) modern surface to air missiles; (D) upgrades to existing modern combat aircraft as well as new combat aircraft, including Vertical and Short Take-Off and Landing Aircraft (V/STOL); (E) radar, electronic warfare, and jamming capabilities; (F) passive defense measures (such as redundancy, dispersal, camouflage/deception, hard­en­ing, and rapid repair capabilities); and (G) access to satellites for remote sensing and communication. (2) Maritime capabilities, including— (A) additional sensor capacity for comprehensive maritime domain awareness; (B) cost-effective submarines for anti-surface, anti-submarine warfare, and other missions; (C) mines and mine countermeasure vessels; and (D) anti-ship cruise missiles. (3) Ground capabilities, including— (A) layers, short-range air defense; (B) critical infrastructure protection to ensure continuity of government; (C) air mobility; (D) unmanned air vehicles; and (E) accurate, GPS-guided short-range rock­ets. (4) Capacity for partnership with friendly foreign militaries, including— (A) command, control, communications, computers, intelligence, surveillance, and reconnaissance situational awareness systems; (B) enhanced doctrine exchange; and (C) enhanced senior-level training. (d) Rule of construction relating to Arms Export Control Act Nothing in this section shall be construed to supersede or modify section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ). 202. Advanced combat aircraft for Taiwan (a) Statement of policy Notwithstanding the upgrade of Taiwan's F–16 A/B aircraft, Taiwan will experience a growing shortfall in fighter aircraft, particularly as its F–5 aircraft are retired from service. (b) Authority To accept letter of request Pursuant to the foreign military sales program authorized by the Arms Export Control Act, the President is authorized to accept a letter of request from Taiwan for price and availability data or for a formal sales offer with respect to the F–16C/D Fighting Falcon multirole fighter aircraft or other aircraft of similar capability, as may be necessary to enable Taiwan to maintain a sufficient self-defense capability. 203. Consultations on Taiwan arms sales (a) Briefings Not later than 90 days after the date of the enactment of this Act and at least annually thereafter, the Secretary of State, in consultation with the Secretary of Defense, shall provide detailed briefings to Congress on— (1) any discussions conducted between any executive branch agency and the Government of Taiwan during a covered period; and (2) any potential transfer to the Government of Taiwan of defense articles or defense services. (b) Definitions In this section and section 201: (1) Covered period The term covered period means, with respect to— (A) the initial briefing required under subsection (a), the period beginning on the date of the enactment of this Act and ending on the date of such initial briefing; and (B) subsequent briefings required under such subsection, the period beginning on the day after the date of the most recent briefing and ending on the date of any such subsequent briefing. (2) Executive branch agency The term executive branch agency has the meaning given the term agency in section 551(1) of title 5, United States Code. (3) Defense article The term defense article has the meaning given such term in section 47 of the Arms Export Control Act (22 U.S.C. 2794). (4) Defense service The term defense service has the meaning given such term in section 47 of the Arms Export Control Act (22 U.S.C. 2794). 204. Annual report on defense transfers to Taiwan (a) In general Not later than 180 days after the date of the enactment of this Act and annually thereafter, the President shall transmit to Congress a report— (1) detailing each of Taiwan’s requests for purchase of defense articles and defense services during the immediately preceding one-year period, whether submitted through a letter of request (LOR) or conveyed by other authoritative means, except that the first report under this section shall cover the period 2006 through 2011; (2) describing the defense needs asserted by Taiwan as justification for such requests; (3) describing the decisionmaking process used to reject, postpone, or modify any such request, including— (A) with respect to significant military equipment, the country team assessment and recommendation as to whether the United States should sell such equipment; and (B) for each request, the elapse of time between the submission of such request and the completion of the interagency review process by the United States; and (4) detailing those defense articles and defense services listed in the Arms Sale Proposal described in section 25 of the Arms Export Control Act ( 22 U.S.C. 2765 ), including a description of the rationale for including or not including in such Proposal, as the case may be, all sales and licensed exports to Taiwan under such Act of major weapons or weapons-related defense equipment for $7,000,000 or more, and the extent to which a decision to not include in such Proposal such sales to Taiwan is consistent with such section. (b) Form The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary. 205. Report on implementation of Taiwan Relations Act (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on implementation of United States security policy under the Taiwan Relations Act. (b) Matters To be included The report required under subsection (a) shall include, at a minimum, the following: (1) A review of the operational planning, policy reviews, and other preparations of the United States since 2000 to implement section 2(b)(6) and subsections (a), (b), and (c) of section 3 of the Taiwan Relations Act, including the extent to which the United States retains the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people of Taiwan. Such review shall take into account whether Taiwan’s air and air defense forces retain the ability to effectively defend Taiwan against China’s ballistic missile and air threats, and the extent to which the absence of credible Taiwanese air defense forces may complicate the ability of the United States to resist any resort to force that jeopardizes the security of Taiwan. (2) An evaluation of all gaps in relevant knowledge about the capabilities and intentions of the People’s Republic of China as such capabilities and intentions might affect the current and future military balance between Taiwan and China, such as anti-access and area denial capabilities as well as anti-satellite and space warfare developments, including both classified United States intelligence information and Chinese open source writing. (c) Form The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex if necessary. 206. Naval Vessel Transfer Authority (a) Transfer by sale The President is authorized to transfer the OLIVER HAZARD PERRY class guided missile frigates USS TAYLOR (FFG–50), USS GARY (FFG–51), USS CARR (FFG–52), and USS ELROD (FFG–55) to the Taipei Economic and Cultural Representative Office of the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act (22 U.S.C. 3309(a))) on a sale basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (b) Costs of transfers Any expense incurred by the United States in connection with a transfer authorized by this section shall be charged to the recipient notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)). (c) Repair and refurbishment in united states shipyards To the maximum extent practicable, the President shall require, as a condition of the transfer of a vessel under this section, that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that recipient, performed at a shipyard located in the United States, including a United States Navy shipyard. (d) Expiration of authority The authority to transfer a vessel under this section shall expire at the end of the 3-year period beginning on the date of the enactment of this Act. III Economic and Trade Relations 301. Trade and investment framework agreement It is the sense of Congress that, at the earliest opportunity, the United States Trade Representative should seek to resume and successfully conclude negotiations of economic issues in the Trade and Investment Framework Agreement (TIFA) talks with Taiwan. 302. Free trade agreement (a) In general It is the sense of Congress that the ultimate goal of trade negotiations with Taiwan should be the negotiation of a free trade agreement with Taiwan. As building blocks toward that goal, the United States should study the feasibility of negotiating with Taiwan a bilateral— (1) investment agreement; and (2) tax agreement. (b) Report Not later than 180 days after the date of enactment of this Act, the President shall transmit to Congress a report that assesses whether economic and trade agreements between the United States and Taiwan may be submitted to the Senate for advice and consent as a treaty or whether, because of Taiwan’s unique status, such agreements must be submitted to both the House of Representatives and Senate for legislative approval.

https://www.govinfo.gov/content/pkg/BILLS-113hr419ih/xml/BILLS-113hr419ih.xml

113-hr-420

I 113th CONGRESS 1st Session H. R. 420 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Mr. Rodney Davis of Illinois (for himself, Mr. Shimkus , Mrs. Wagner , and Mr. Lipinski ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the new Interstate Route 70 bridge over the Mississippi River connecting St. Louis, Missouri and southwestern Illinois as the Stan Musial Memorial Bridge . 1. Stan Musial Memorial Bridge (a) Designation The new Interstate Route 70 bridge over the Mississippi River that connects St. Louis, Missouri, to southwestern Illinois shall be known and designated as the Stan Musial Memorial Bridge . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the bridge referred to in subsection (a) shall be deemed to be a reference to the Stan Musial Memorial Bridge .

https://www.govinfo.gov/content/pkg/BILLS-113hr420ih/xml/BILLS-113hr420ih.xml

113-hr-421

I 113th CONGRESS 1st Session H. R. 421 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Mr. Reichert (for himself, Mr. King of New York , Mr. Pascrell , and Mr. Conyers ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the COPS ON THE BEAT grant program, and for other purposes. 1. Short title This Act may be cited as the COPS Improvement and Reauthorization Act of 2013 . 2. COPS grant improvements (a) In general Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd ) is amended— (1) by striking subsection (c); (2) by redesignating subsection (b) as subsection (c); (3) by striking subsection (a) and inserting the following: (a) The Office of Community Oriented Policing Services (1) Office There is within the Department of Justice, under the general authority of the Attorney General, a separate and distinct office to be known as the Office of Community Oriented Policing Services (referred to in this subsection as the COPS Office ). (2) Director The COPS Office shall be headed by a Director who shall— (A) be appointed by the Attorney General; and (B) have final authority over all grants, cooperative agreements, and contracts awarded by the COPS Office. (b) Grant authorization The Attorney General shall carry out grant programs under which the Attorney General makes grants to States, units of local government, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia for the purposes described in subsections (c), (d), and (e). ; (4) in subsection (c), as so redesignated— (A) in the heading, by striking uses of grant amounts.— and inserting Community policing and crime prevention grants ; (B) in paragraph (3), by striking , to increase the number of officers deployed in community-oriented policing ; (C) in paragraph (4)— (i) by striking pay for offices and inserting pay for or train officers ; and (ii) by inserting , and to provide for the initial hiring of such officers after duties ; (D) by striking paragraph (9); (E) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; (F) by inserting after paragraph (4) the following: (5) award grants to hire school resource officers and to establish school-based partnerships between local law enforcement agencies and local school systems to enhance school safety and to combat crime, gangs, drug activities, and other problems in and around elementary and secondary schools, including assisting schools with emergency preparedness and preventative measures plans for natural disasters and acts of violence and terrorism. ; (G) by striking paragraph (13); (H) by redesignating paragraphs (14), (15), and (16) as paragraphs (13), (14), and (15), respectively; (I) in paragraph (15), as so redesignated, by striking and at the end; (J) by redesignating paragraph (17) as paragraph (18); (K) by inserting after paragraph (15), as so redesignated, the following: (16) establish and implement innovative programs to reduce and prevent illegal drug manufacturing, distribution, and use, including the manufacturing, distribution, and use of methamphetamine; and (17) award enhancing community policing and crime prevention grants that meet emerging law enforcement needs, as warranted. ; and (L) in paragraph (18), as so redesignated, by striking through (16) and inserting through (17) ; (5) by striking subsections (h) and (i); (6) by redesignating subsections (d) through (g) as subsections (f) through (i), respectively; (7) by inserting after subsection (c), as so redesignated, the following: (d) Troops-to-Cops programs (1) In general Grants made under subsection (b) may be used to hire former members of the Armed Forces to serve as career law enforcement officers for deployment in community oriented policing, particularly in communities that are adversely affected by a recent military base closing. (2) Definition In this subsection, former member of the Armed Forces means a member of the Armed Forces of the United States who is involuntarily separated from the Armed Forces within the meaning of section 1141 of title 10, United States Code. (e) Technology grants The Attorney General may make grants under subsection (b) to develop and use new technologies (including interoperable communications technologies, modernized criminal record technology, and forensic technology) to assist State and local law enforcement agencies in reorienting the emphasis of their activities from reacting to crime to preventing crime and to train law enforcement officers to use such technologies. ; (8) in subsection (f), as so redesignated— (A) in paragraph (1), by striking to States, units of local government, Indian tribal governments, and to other public and private entities, ; (B) in paragraph (2), by striking define for State and local governments, and other public and private entities, and inserting establish ; and (C) in the first sentence of paragraph (3), by inserting (including regional community policing institutes) after training centers or facilities ; (9) in subsection (h), as so redesignated— (A) by striking subsection (a) the first place that term appears and inserting paragraphs (1) and (2) of subsection (c) ; and (B) by striking in each fiscal year pursuant to subsection (a) and inserting in each fiscal year for purposes described in paragraph (1) and (2) of subsection (c) ; (10) in subsection (i), as so redesignated, by striking subsection (a) and inserting subsection (b) ; and (11) in subsection (j)(1), by striking subsection (b) and inserting subsection (c) . (b) Applications Section 1702(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–1(c) ) is amended— (1) by redesignating paragraphs (8) through (11) as paragraphs (9) through (12), respectively; and (2) by inserting after paragraph (7) the following: (8) if the application is for a grant for officers performing homeland security duties, explain how the applicant intends to coordinate with Federal law enforcement in support of the applicant's homeland security mission; . (c) Limitation on use of funds Section 1704(c) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–3(c) ) is amended by striking $75,000 and inserting $125,000 . (d) Definitions Section 1709(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd–8(1) ) is amended by striking who is authorized and inserting who is a sworn law enforcement officer and is authorized . (e) Authorization of appropriations Section 1001(a)(11) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3793(a)(11) ) is amended— (1) in subparagraph (A), by striking fiscal years 2006 through 2009 and inserting fiscal years 2013 through 2017 ; and (2) in subparagraph (B)— (A) in the first sentence— (i) by striking 3 percent and inserting 5 percent ; and (ii) by striking section 1701(d) and inserting section 1701(f) ; and (B) by striking the second sentence and inserting the following: Of the funds available for grants under part Q, not less than $600,000,000 shall be used for grants for the purposes specified in section 1701(c), and not more than $250,000,000 shall be used for grants under section 1701(e). .

https://www.govinfo.gov/content/pkg/BILLS-113hr421ih/xml/BILLS-113hr421ih.xml

113-hr-422

I 113th CONGRESS 1st Session H. R. 422 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Mr. Franks of Arizona (for himself, Mr. Gosar , Mr. Schweikert , Mr. Salmon , Mr. Mulvaney , Mrs. Blackburn , Mr. Messer , Mr. LaMalfa , Mr. Hultgren , and Mr. Weber 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 provide for a credit which is dependent on enactment of State qualified scholarship tax credits and which is allowed against the Federal income tax for charitable contributions to education investment organizations that provide assistance for elementary and secondary education. 1. Short title; findings (a) Short title This Act may be cited as the Children’s Hope Act of 2013 . (b) Findings Congress finds the following: (1) On April 4, 2011, the United States Supreme Court ruled that opponents of Arizona’s private school scholarship tax credit program may not challenge the program on grounds that it violates the Establishment Clause of the First Amendment. (2) The Court ruled 5–4 in Garriott v. Winn and Arizona Christian School Tuition Organization v. Winn against a lawsuit by the Arizona chapter of the American Civil Liberties Union, which contested a tax credit program giving Arizona parents choices other than their neighborhood public schools. (3) The Children’s Hope Act of 2013 builds on the success of the Arizona private school scholarship tax credit program. Thus far, Arizona taxpayers have raised more than $430 million for scholarships since 1998. In 2011 alone, nearly 75,000 taxpayers awarded more than $47 million for 25,000 scholarships to Arizona children. 2. Tax credit for contributions to education investment organizations (a) In General Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to other credits) is amended by inserting after section 30D the following new section: 30E. Contributions to education investment organizations (a) In General There shall be allowed as a credit against the tax imposed by this chapter for the taxable year the aggregate amount of qualified contributions for the taxable year. (b) Limitation The amount allowed as a credit under subsection (a) for a taxable year shall not exceed $100 ($200 in the case of a joint return). (c) Qualified contributions For purposes of this section— (1) In general The term qualified contribution means a charitable contribution (as defined by section 170(c)) to an education investment organization. (2) Education investment organization The term education investment organization means any organization described in section 170(c)(2) if— (A) normally not less than 90 percent of the annual cash contributions to such organization are disbursed in the form of grants to students for qualified elementary and secondary education expenses, and (B) not less than ½ of such disbursements are to students who are eligible for free or reduced-cost lunches under the school lunch program established under the Richard B. Russell National School Lunch Act . (3) Qualified elementary and secondary education expenses The term qualified elementary and secondary education expenses has the meaning given such term by section 530(b)(3), except that child shall be substituted for beneficiary and a child shall be substituted for the designated beneficiary of the trust in clauses (i) and (iii) of subparagraph (A). (4) State credit must be taken first (A) No credit shall be allowed to a taxpayer under this section for a taxable year unless, for the taxable year, the taxpayer is allowed on the taxpayer’s State tax return the minimum State qualified scholarship tax credit (as defined in section 3 of the Children’s Hope Act of 2013 ). (B) No credit shall be allowed to a taxpayer under this section for such taxable year for any contributions that were taken into account for purposes of such State qualified scholarship tax credit. (d) Special Rules (1) Denial of double benefit No deduction shall be allowed under any provision of this chapter for any expense for which a credit is allowed under this section. (2) Time when contributions deemed made For purposes of this section, a taxpayer shall be deemed to have made a contribution to an education investment organization on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). . (b) Scholarships from education investment organizations excluded from income Section 74 of such Code (relating to prizes and awards) is amended by adding at the end the following new subsection: (d) Scholarships from education investment organizations Gross income does not include amounts received as a scholarship from an education investment organization (as defined in section 30E(c)(2)) for qualified elementary and secondary education expenses (as defined in section 30E(c)(3)). Such scholarship shall not be taken into account for purposes of determining eligibility for any Federal program. . (c) Clerical amendment The table of sections for such subpart B is amended by inserting after the item relating to section 30D the following new item: Sec. 30E. Contributions to education investment organizations. . (d) Effective Date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 3. Federal scholarship tax credit conditioned on State qualified scholarship tax credit (a) In general For purposes of section 30E(c)(4) of the Internal Revenue Code of 1986 (as added by section 2 of this Act), a scholarship tax credit shall not be treated as a State qualified scholarship tax credit unless the requirements of subsection (b) are met. (b) Requirements relating to State qualified scholarship tax credit (1) In general For purposes of subsection (a), the requirements of this subsection are met only if— (A) the tax credit is for an amount of not less than $250 per taxpayer and is allowed against the State income tax (property tax for those States that don’t have income tax) for the amount of voluntary cash contributions made by the taxpayer during the taxable year to a school tuition organization described in paragraph (2), (B) the excess of such credit over tax liability may be carried forward for not more than five years, (C) the taxpayer does not require, as a condition of the contribution, that the contribution must benefit a specific child, and (D) such credit is not allowable for direct donations to private schools. (2) School tuition organization For purposes of paragraph (1), a school tuition organization is described in this paragraph if such organization— (A) is an organization operating in the State and is described in section 501(c)(3), and is exempt from tax under section 501(a), of the Internal Revenue Code of 1986, (B) expends at least 90 percent of its annual cash contributions for educational scholarships or tuition grants to children to allow them to attend any qualified school chosen at the sole discretion of their parents, and (C) disburses at least 90 percent of its annual cash contributions within one year of their receipt. (3) Qualified school For purposes of paragraph (2), the term qualified school means any elementary school or secondary school that is located in the State in which the taxpayer resides and does not discriminate on the basis of race, color, handicap, familial status, or national origin and that satisfies the requirements prescribed by State law for such schools as of December 31, 2010. (4) Educational scholarships or tuition grants The term educational scholarship or a tuition grant means any scholarship or grant awarded for qualified elementary and secondary education expenses (as defined in section 30E(c)(3) of the Internal Revenue Code of 1986). (c) State For purposes of this section, the term State means any of the several States.

https://www.govinfo.gov/content/pkg/BILLS-113hr422ih/xml/BILLS-113hr422ih.xml

113-hr-423

I 113th CONGRESS 1st Session H. R. 423 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Mr. Coffman (for himself, Mr. Polis , Mr. Schweikert , Mr. Fleming , Ms. Foxx , and Mr. Cicilline ) 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 amend title 5, United States Code, to provide for the termination of further retirement benefits for Members of Congress, except the right to continue participating in the Thrift Savings Plan, and for other purposes. 1. Amendments relating to the Civil Service Retirement System (a) In general Subchapter III of chapter 83 of title 5, United States Code, is amended by inserting after section 8335 the following: 8335a. Termination of further retirement coverage of Members of Congress (a) In general Notwithstanding any other provision of this subchapter, effective as of the date of enactment of this section— (1) a Member shall not be subject to this subchapter for any further period of time; and (2) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund. (b) Prior rights not affected Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this subchapter with respect to any Member covering any period prior to the date of enactment of this section. (c) Right To participate in Thrift Savings Plan not affected Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. (d) Regulations (1) In general Any regulations necessary to carry out this section may— (A) except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and (B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (2) Refunds The regulations under paragraph (1)(A) shall, in the case of any Member described in subsection (a), provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1), (3), and (4) of section 8342(a) as of the date of enactment of this section. (e) Exclusion For purposes of this section, the term Member does not include the Vice President. . (b) Clerical amendment The table of sections at the beginning of chapter 83 of title 5, United States Code, is amended by inserting after the item relating to section 8335 the following: 8335a. Termination of further retirement coverage of Members of Congress. . 2. Amendments relating to the Federal Employees’ Retirement System (a) In general Subchapter II of chapter 84 of title 5, United States Code, is amended by inserting after section 8425 the following: 8425a. Termination of further retirement coverage of Members of Congress (a) In general Notwithstanding any other provision of this chapter, effective as of the date of enactment of this section— (1) in the case of an individual who first becomes a Member before such date of enactment— (A) such Member shall not be subject to this chapter for any further period of time after such date of enactment; and (B) no further Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Fund; and (2) in the case of an individual who first becomes a Member on or after such date of enactment— (A) such Member shall not be subject to this chapter; and (B) no Government contributions or deductions from basic pay may be made with respect to such Member for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. (b) Prior rights not affected Nothing in subsection (a) shall be considered to nullify, modify, or otherwise affect any right, entitlement, or benefit under this chapter with respect to any Member covering any period prior to the date of enactment of this section. (c) Right To participate in Thrift Savings Plan not affected Nothing in subsection (a) shall affect the eligibility of a Member to participate in the Thrift Savings Plan in accordance with otherwise applicable provisions of law. (d) Regulations (1) In general Any regulations necessary to carry out this section may— (A) except with respect to matters under subparagraph (B), be prescribed by the Director of the Office of Personnel Management; and (B) with respect to matters relating to the Thrift Savings Plan, be prescribed by the Executive Director (as defined by section 8401(13)). (2) Refunds The regulations under paragraph (1)(A) shall, in the case of a Member described in subsection (a)(1), provide that the lump-sum credit shall be payable to such Member to the same extent and in the same manner as if such Member satisfied paragraphs (1), (3), and (4) of section 8424(a) as of the date of enactment of this section. (e) Exclusion For purposes of this section, the term Member does not include the Vice President. . (b) Clerical amendment The table of sections at the beginning of chapter 84 of title 5, United States Code, is amended by inserting after the item relating to section 8425 the following: 8425a. Termination of further retirement coverage of Members of Congress. .

https://www.govinfo.gov/content/pkg/BILLS-113hr423ih/xml/BILLS-113hr423ih.xml

113-hr-424

I 113th CONGRESS 1st Session H. R. 424 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Mr. Gosar (for himself and Mr. Franks of Arizona ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To include the county of Mohave, in the State of Arizona, as an affected area for purposes of making claims under the Radiation Exposure Compensation Act based on exposure to atmospheric nuclear testing. 1. Short title This Act may be cited as the Mohave County Radiation Compensation Act of 2013 . 2. Inclusion under the Radiation Exposure Compensation Act Section 4(b)(1)(C) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note) is amended by inserting Mohave, after Apache, .

https://www.govinfo.gov/content/pkg/BILLS-113hr424ih/xml/BILLS-113hr424ih.xml

113-hr-425

I 113th CONGRESS 1st Session H. R. 425 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Mr. Graves of Missouri (for himself, Mr. Jones , Mr. Westmoreland , Mr. Long , Mrs. Hartzler , Ms. Foxx , and Mr. Barletta ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit the use of funds for the rule entitled Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives published by the Department of Homeland Security on January 3, 2013 (78 Fed. Reg. 535). 1. Limitation on the Use of Funds for a Rule Regarding Provisional Waivers of Inadmissibility No Federal funds may be used to implement, administer, or enforce the final rule entitled Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives published by the Department of Homeland Security on January 3, 2013 (78 Fed. Reg. 535), or any successor or substantially similar rule.

https://www.govinfo.gov/content/pkg/BILLS-113hr425ih/xml/BILLS-113hr425ih.xml

113-hr-426

I 113th CONGRESS 1st Session H. R. 426 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Mr. Polis (for himself, Mrs. Davis of California , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To provide incentives for States and local educational agencies to implement comprehensive reforms and innovative strategies that are designed to lead to significant improvement in outcomes for all students and significant reductions in achievement gaps among subgroups of students, and for other purposes. 1. Short title This Act may be cited as the Race to the Top Act of 2013 . 2. Race to the Top (a) In general Title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7301 et seq. ) is amended— (1) by redesignating part C as part D; (2) by redesignating sections 6301 and 6302 as sections 6401 and 6402, respectively; and (3) by inserting after part B, the following: C Race to the Top 6301. Purposes The purposes of this part are to— (1) provide incentives for States and local educational agencies to implement comprehensive reforms and innovative strategies that are designed to lead to— (A) significant improvements in outcomes for all students, including improvements in student achievement, high school graduation rates, college enrollment rates and rates of college persistence; and (B) significant reductions in achievement gaps among subgroups of students; and (2) encourage the broad identification, adoption, use, dissemination, replication, and expansion of effective State and local policies and practices that lead to significant improvement in outcomes for all students, and the elimination of those policies and practices that are not effective in improving student outcomes. 6302. Reservation of funds From the amounts made available under section 6308 for a fiscal year, the Secretary may reserve not more than 10 percent to carry out activities related to technical assistance, monitoring, outreach, dissemination, and prize awards (which shall be awarded in accordance with section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3601 et seq. )). 6303. Program authorized (a) Program authorization From the amounts made available under section 6308 for a fiscal year, the Secretary shall award grants, on a competitive basis, to States, local educational agencies, or both for the purposes described in section 6301 . (b) Grant and subgrant eligibility limitations (1) ARRA A State that has received a grant under section 14006 of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ; 123 Stat. 283) may not receive a grant under this part during the period of its grant under section 14006 ( Public Law 111–5 ; 123 Stat. 283). (2) Number of grants A State or local educational agency may not receive more than 1 grant under this part per grant period. (3) Number of subgrants A local educational agency may receive a grant and a subgrant for the same fiscal year. (c) Duration of grants (1) In general A grant under this part shall be awarded for a period of not more than 4 years. (2) Continuation of grants In order to receive a grant for a full grant period, a State or local educational agency under this part shall demonstrate to the Secretary, at such time and in such manner as determined by the Secretary, that it is— (A) making progress in implementing its plan under section 6304(a)(3) at a rate that the Secretary determines will result in the State or agency fully implementing its plan during the remainder of the grant period; or (B) making progress against the performance measures set forth in section 6305 at a rate that the Secretary determines will result in the State or agency reaching its targets and achieving the objectives of the grant during the remainder of the grant period. 6304. Applications (a) Applications Each State or local educational agency that desires to receive a grant under this part shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. At a minimum, each such application shall include— (1) documentation of the applicant’s record, as applicable, in— (A) increasing student achievement, including for all subgroups described in section 1111(b)(2)(C)(v)(II); (B) decreasing achievement gaps, including for all subgroups described in section 1111(b)(2)(C)(v)(II); (C) increasing high school graduation rates, including for all subgroups described in section 1111(b)(2)(C)(v)(II); (D) increasing college enrollment and persistence rates, including for all subgroups described in section 1111(b)(2)(C)(v)(II); and (E) any other measure described in section 6305 that is not listed in subparagraph (A) through (D) ; (2) evidence of conditions of innovation and reform that the applicant has established and its proposed plan for implementing additional conditions for innovation and reform, including— (A) a description of how the applicant has identified and eliminated ineffective practices in the past and its plan for doing so in the future; (B) a description of how the applicant has identified and promoted effective practices in the past and its plan for doing so in the future; and (C) steps the applicant has taken and will take to eliminate statutory, regulatory, procedural, or other barriers and to facilitate the full implementation of its proposed plan; (3) a comprehensive and coherent plan for using funds under this part, and other Federal, State, and local funds, to improve the applicant’s performance on the measures described in section 6305 , consistent with criteria set forth by the Secretary, including how the applicant will, if applicable— (A) improve the effectiveness of teachers and school leaders, and promote equity in the distribution of effective teachers and school leaders to ensure that low-income and minority children are not— (i) taught by ineffective teachers at higher rates than other children; and (ii) enrolled in schools led by ineffective leaders at higher rates than other children; (B) strengthen the use of high-quality and timely data to improve instructional practices, policies, and student outcomes, including teacher evaluations; (C) implement internationally bench­marked, college- and career-ready elementary and secondary academic standards, including in the areas of assessment, instructional materials, professional development, and strategies that translate the standards into classroom practice; (D) turn around the persistently lowest-achieving schools; (E) support or coordinate with early learning programs for high-need children from birth through third grade to improve school readiness and ensure that students complete third grade on track for school success; (F) assess students enrolled in kindergarten in elementary schools in the State or local educational agency, as applicable, in order to determine the students’ level of readiness for school success across a broad range of domains of learning and development, including physical well-being and motor development, social and emotional development, approaches toward learning, language development, and cognition and general knowledge; (G) report the to the Secretary the aggregate results from the assessments described in subparagraph (F) with respect to— (i) all kindergarten students in each elementary school assessed; and (ii) all such students in each subgroup described in section 1111(b)(2)(C)(v)(II); and (H) create or maintain successful conditions for high-performing charter schools and other innovative, autonomous public schools; (4) if the applicant is a State— (A) evidence of collaboration between the State, its local educational agencies, schools (as appropriate), parents, teachers, and other stakeholders in developing and implementing the plan described in paragraph (3) , including evidence of the commitment and capacity to implement that plan; and (B) the names of those local educational agencies the State has selected to participate in carrying out the plan; or (C) a description of how it will select local educational agencies to participate in carrying out the plan; (5) if the applicant is a local educational agency, evidence of collaboration between the local educational agency, schools, parents, teachers, and other stakeholders, in developing the plan described in paragraph (3) , including evidence of the commitment and capacity to implement the plan; (6) the applicant’s annual performance measures and targets, consistent with the requirements of section 6305 ; and (7) a description of the applicant’s plan to conduct a rigorous evaluation of the effectiveness of activities carried out with funds under this part. (b) Criteria for evaluating applications (1) In general The Secretary shall award grants under this part on a competitive basis, based on the quality of the applications submitted under subsection (a) , including— (A) each applicant’s record in the areas described in subsection (a)(1) ; (B) each applicant’s record of, and commitment to, establishing conditions for innovation and reform, as described in subsection (a)(2) ; (C) the quality and likelihood of success of each applicant’s plan described in subsection (a)(3) in showing improvement in the areas described in subsection (a)(1) , including each applicant’s capacity to implement the plan and evidence of collaboration as described in subsection (a)(4) or (a)(5) , as applicable; and (D) each applicant’s evaluation plan as described in subsection (a)(7) . (2) Publication of explanation The Secretary shall publish an explanation of how the application review process will ensure an equitable and objective evaluation based on the criteria described in paragraph (1) . (c) Priority In awarding grants to local educational agencies under this part, the Secretary shall give priority to— (1) local educational agencies with the highest numbers or percentages of children from families with incomes below the poverty line; and (2) local educational agencies that serve schools designated with a school locale code of 41, 42, or 43, as determined by the Secretary. 6305. Performance measures Each State and each local educational agency receiving a grant under this part shall establish performance measures and targets, approved by the Secretary, for the programs and activities carried out under this part. These measures shall, at a minimum, track the State’s or agency’s progress in— (1) implementing its plan described in section 6304(a)(3) ; and (2) improving outcomes for all subgroups described in section 1111(b)(2)(C)(v)(II) including, as applicable, by— (A) increasing student achievement; (B) decreasing achievement gaps; (C) increasing high school graduation; (D) increasing college enrollment and persistence rates; (E) improving the effectiveness of teachers and school leaders, increasing the retention of effective teachers and school leaders, and promoting equity in the distribution of effective teachers and school leaders to ensure that low-income and minority children are not— (i) taught by ineffective teachers at higher rates than other children; and (ii) enrolled in schools led by ineffective leaders at higher rates than other children; (F) increasing kindergarten readiness; and (G) making progress on any other measures identified by the Secretary. 6306. Uses of funds (a) Grants to States (1) Subgrants Each State that receives a grant under this part shall use at least 50 percent of its grant to make subgrants to those local educational agencies in the State that participate in the State’s plan under section 6304(a)(3) , based on those local educational agencies’ relative shares of funds under part A of title I for the most recent year for which those data are available. (2) Activities under plan Each State or local educational agency that receives a grant or subgrant, respectively, under this part shall use those funds for any purpose included in the State’s plan under section 6304(a)(3) . (b) Grants to local educational agencies Each local educational agency that receives a grant under this part shall use those funds for any purpose included in the local educational agency’s plan under section 6304(a)(3) . 6307. Reporting (a) Annual report A State or local educational agency that receives a grant under this part shall submit to the Secretary, at such time and in such manner as the Secretary may require, an annual report including— (1) data on the State’s or agency’s progress in achieving the performance targets established under section 6305 ; (2) a description of the challenges the State or agency has faced in implementing its program and how it has addressed or plans to address those challenges; and (3) findings from the evaluation plan as described in section 6304(a)(7) . (b) Local report Each local educational agency that receives a subgrant from a State under this part shall submit to the State such information as the State may require to complete the annual report required under subsection (a) . 6308. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. . (b) Conforming amendments (1) General Provisions The table of contents of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) is amended by striking the items relating to part C of title VI and inserting the following: Part D—General Provisions Sec. 6401. Prohibition against Federal mandates, direction, or control. Sec. 6402. Rule of construction on equalized spending. . (2) Race to the Top The table of contents of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by inserting after the items relating to part B of title VI, the following: Part C—Race to the Top Sec. 6301. Purposes. Sec. 6302. Reservation of funds. Sec. 6303. Program authorized. Sec. 6304. Applications. Sec. 6305. Performance measures. Sec. 6306. Uses of funds. Sec. 6307. Reporting. Sec. 6308. Authorization of appropriations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr426ih/xml/BILLS-113hr426ih.xml

113-hr-427

I 113th CONGRESS 1st Session H. R. 427 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Mr. Quigley (for himself, Ms. Chu , Ms. Norton , Mr. Grijalva , Mr. Deutch , Ms. Lee of California , and Mr. Moran ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prevent the illegal sale of firearms, and for other purposes. 1. Short title This Act may be cited as the Trafficking Reduction And Criminal Enforcement (TRACE) Act . 2. Regulatory requirement to mark firearms with second, hidden serial number Within 12 months after the date of the enactment of this Act, the Attorney General shall promulgate final regulations that require each firearm manufactured in the United States on or after the effective date of the regulation, to be marked with a serial number that is located inside the receiver of the firearm or that is visible only in infrared light, in addition to the serial number with which the firearm is otherwise required by law to be marked. 3. Requirement to preserve instant criminal background check records for 180 days (a) In general Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting after the 180-day period that begins with the date the system complies with subparagraphs (A) and (B), before destroy . (b) Conforming amendment Section 511 of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 922 note; Public Law 112–55 ; 125 Stat. 632) is amended— (1) by striking for— and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period. (c) Regulations Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement the amendments made by this section. 4. Requirement that licensed firearms dealers conduct physical check of their firearms business inventory (a) In general Section 923(g) of title 18, United States Code, is amended by adding at the end the following: (8) Each licensee shall conduct a physical check of the firearms inventory of the business of the licensee licensed under this chapter, in accordance with regulations which shall be prescribed by the Attorney General. . (b) Conforming amendment The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives — Salaries and Expenses in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking the 7th proviso. (c) Regulations Within 180 days after the date of the enactment of this Act, the Attorney General shall prescribe regulations to implement section 923(g)(8) of title 18, United States Code. 5. Elimination of limitations on use of gun trace information (a) The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives — Salaries and Expenses in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking the 6th proviso. (b) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives — Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2010 (18 U.S.C. 923 note; Public Law 111–117 ; 123 Stat. 3128–3129) is amended by striking beginning in fiscal year 2010 and thereafter and inserting in fiscal year 2010 . (c) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives — Salaries and Expenses in title II of division B of the Omnibus Appropriations Act, 2009 ( 18 U.S.C. 923 note; Public Law 111–8 ; 123 Stat. 574–576) is amended by striking beginning in fiscal year 2009 and thereafter and inserting in fiscal year 2009 . (d) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives — Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2008 (18 U.S.C. 923 note; Public Law 110–161 ; 121 Stat. 1903–1904) is amended by striking beginning in fiscal year 2009 and thereafter and inserting in fiscal year 2009 . (e) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives — Salaries and Expenses in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( 18 U.S.C. 923 note; Public Law 109–108 ; 119 Stat. 2295–2296) is amended by striking with respect to any fiscal year .

https://www.govinfo.gov/content/pkg/BILLS-113hr427ih/xml/BILLS-113hr427ih.xml

113-hr-428

I 113th CONGRESS 1st Session H. R. 428 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Mr. Sablan introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require the Secretary of Agriculture to report on the cost differences between providing school meals and supplements in each of the territories of the United States and the 50 States and the District of Columbia, and for other purposes. 1. Short title This Act may be cited as the School Meals Reimbursement Rates Comparison Act of 2013 . 2. Report Not later than April 1, 2014, the Secretary of Agriculture shall prepare and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report on— (1) the cost differences between— (A) providing meals and supplements under the Richard B. Russell National School Act ( 42 U.S.C. 1751 et seq. ) and section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ) in Guam, American Samoa, Puerto Rico, the Virgin Islands, and the Commonwealth of the Northern Mariana Islands, respectively; and (B) the average cost of providing meals and supplements under such provisions of law in the 50 States and the District of Columbia; and (2) the relation of the cost differences determined under paragraph (1) to the national average payment rates for meals and supplements prescribed under sections 4, 11, 13, and 17 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1753 , 1759a, 1761, 1766) and section 4(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)).

https://www.govinfo.gov/content/pkg/BILLS-113hr428ih/xml/BILLS-113hr428ih.xml

113-hr-429

I 113th CONGRESS 1st Session H. R. 429 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Mr. Sablan introduced the following bill; which was referred to the Committee on House Administration A BILL To permit the Delegate from the Commonwealth of the Northern Mariana Islands to designate Federal depository libraries. 1. Short title This Act may be cited as the Northern Mariana Islands Federal Depository Library Act of 2013 . 2. Designation of depository libraries by the Delegate from the Commonwealth of the Northern Mariana Islands Section 1905 of title 44, United States Code, is amended— (1) in the first sentence, by inserting by the Delegate from the Commonwealth of the Northern Mariana Islands, after District of Columbia, ; and (2) in the last sentence, by inserting the Delegate from the Commonwealth of the Northern Mariana Islands may designate two depository libraries in the Commonwealth of the Northern Mariana Islands, after libraries in the District of Columbia, . 3. Requirements of depository libraries in the Commonwealth of the Northern Mariana Islands Section 1909 of title 44, United States Code, is amended— (1) in the first sentence, by inserting the Delegate from the Commonwealth of the Northern Mariana Islands, after District of Columbia, ; and (2) in the last sentence, by inserting and, in the case of a library in the Commonwealth of the Northern Mariana Islands, the Delegate from the Commonwealth of Northern Mariana Islands, after Commissioner of the District of Columbia, .

https://www.govinfo.gov/content/pkg/BILLS-113hr429ih/xml/BILLS-113hr429ih.xml

113-hr-430

I 113th CONGRESS 1st Session H. R. 430 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Ms. Speier (for herself and Mr. Heck of Nevada ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend the Uniform Code of Military Justice to protect new members of the Armed Forces who are undergoing basic training from the sexual advances of the members of the Armed Forces responsible for their instruction. 1. Short title This Act may be cited as the Protect Our Military Trainees Act . 2. Prohibition on sexual acts and sexual contact between certain military instructors and their trainees (a) Prohibition Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended— (1) by redesignating subsections (e) through (g) as subsections (f) through (h); respectively; and (2) by inserting after subsection (d) the following new subsection (e): (e) Sexual acts and sexual contact between certain military instructors and trainees (1) Enhanced sexual assault prohibition A military instructor who commits a sexual act upon a member of the armed forces while the member is undergoing basic training (or its equivalent) or within 30 days after completing such training— (A) is guilty of sexual assault if the military instructor exercised any supervisory authority over the member during such training; and (B) shall be punished as a court-martial may direct. (2) Enhanced abusive sexual contact prohibition A military instructor who commits or causes sexual contact upon or by a member of the armed forces while the member is undergoing basic training (or its equivalent) or within 30 days after completing such training— (A) is guilty of abusive sexual contact if the military instructor exercised any supervisory authority over the member during such training; and (B) shall be punished as a court-martial may direct. (3) Covered military instructors This subsection applies with respect to the following members of the armed forces otherwise subject to this chapter: (A) Drill Sergeants in the Army. (B) Drill Instructors in the Marine Corps. (C) Recruit Division Commanders in the Navy. (D) Military Training instructors in the Air Force. (E) Company Commanders in the Coast Guard. (F) Such other members of the armed forces as the Secretary concerned may designate as having supervisory authority over new recruits undergoing basic training (or its equivalent). (4) Consent Lack of consent is not an element and need not be proven in any prosecution under this subsection. Consent is not a defense for any conduct in issue in any prosecution under this subsection. . (b) Cross references to definitions Chapter 47 of title 10, United States Code (the Uniform Code of Military Justice) is amended— (1) in section 920b(h)(1) (article 120b(h)(1)), by striking section 920(g) of this title (article 120(g)) and inserting section 920 of this title (article 120) ; and (2) in section 920c(d)(1) (article 120c(d)(1)), by striking section 920(g) of this title (article 120(g))) and inserting section 920 of this title (article 120)) .

https://www.govinfo.gov/content/pkg/BILLS-113hr430ih/xml/BILLS-113hr430ih.xml

113-hr-431

I 113th CONGRESS 1st Session H. R. 431 IN THE HOUSE OF REPRESENTATIVES January 25, 2013 Ms. Speier (for herself, Mr. Bishop of New York , Ms. Bonamici , Mr. Cicilline , Ms. Clarke , Mr. Conyers , Mr. Ellison , Mr. Farr , Mr. Grijalva , Ms. Norton , Mr. Holt , Ms. Matsui , Mr. Meeks , Ms. Pingree of Maine , Ms. Schakowsky , Ms. Schwartz , Ms. Slaughter , and Mr. Van Hollen ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To restore certain authorities of the Bureau of Alcohol, Tobacco, Firearms, and Explosives to administer the firearms laws, and for other purposes. 1. Short title This Act may be cited as the Gun Transparency and Accountability (Gun TRAC) Act of 2013 . 2. Use of firearm trace information in civil proceedings Notwithstanding any other provision of law, 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. 3. Requirement to preserve instant criminal background check records for 90 days (a) In general Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting after the 90-day period that begins with the date the system complies with subparagraphs (A) and (B), before destroy . (b) Conforming amendment Section 511 of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 922 note; Public Law 112–55 ; 125 Stat. 632) is amended— (1) by striking for— and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period. 4. Elimination of limitation on imposition of requirement that firearms dealers to conduct physical check of firearms inventory The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking the 7th proviso. 5. Increased penalties for willful noncompliance with firearm licensee inventory reporting order Section 924(a) of title 18, United States Code, is amended by adding at the end the following: (8) Notwithstanding the preceding provisions of this subsection, a person licensed under this chapter who willfully violates an inventory reporting order issued under section 923(g)(1) shall be fined under this title, imprisoned not more than 5 years, or both. . 6. Ineligibility for Federal firearms license of person whose firearms license has been revoked Section 923(a) of title 18, United States Code, is amended by inserting after the 1st sentence the following: The Attorney General may not accept such an application from a person whose license issued under this chapter has been revoked. .

https://www.govinfo.gov/content/pkg/BILLS-113hr431ih/xml/BILLS-113hr431ih.xml

113-hr-432

I 113th CONGRESS 1st Session H. R. 432 IN THE HOUSE OF REPRESENTATIVES January 29, 2013 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prohibit the further extension or establishment of national monuments in Nevada except by express authorization of Congress. 1. Limitation on further extension or establishment of national monuments in Nevada This proviso of the last sentence of the first section of the Act of September 14, 1950 (64 Stat. 849, chapter 950; 16 U.S.C. 431a), is amended by inserting or Nevada after Wyoming .

https://www.govinfo.gov/content/pkg/BILLS-113hr432ih/xml/BILLS-113hr432ih.xml

113-hr-433

I 113th CONGRESS 1st Session H. R. 433 IN THE HOUSE OF REPRESENTATIVES January 29, 2013 Mr. Amodei introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate the Pine Forest Range Wilderness area in Humboldt County, Nevada. 1. Short title; table of contents (a) Short title This Act may be cited as the Pine Forest Range Recreation Enhancement Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Addition to National Wilderness Preservation System. Sec. 5. Administration. Sec. 6. Adjacent management. Sec. 7. Military overflights. Sec. 8. Native American cultural and religious uses. Sec. 9. Release of wilderness study areas. Sec. 10. Wildlife management. Sec. 11. Wildfire, insect, and disease management. Sec. 12. Climatological data collection. Sec. 13. Land exchanges. 2. Findings Congress finds that— (1) public land in the Pine Forest Range contains unique and spectacular natural resources, including— (A) priceless habitat for numerous species of plants and wildlife; and (B) thousands of acres of land that remain in a natural state; (2) continued preservation of the public land would benefit the County and the United States by— (A) ensuring the conservation of ecologically diverse habitat; (B) protecting prehistoric cultural resources; (C) conserving primitive recreational resources; and (D) protecting air and water quality; and (3) designation of the Pine Forest Range as a wilderness area is supported by the State, units of local governments, and the surrounding communities. 3. Definitions In this Act: (1) County The term County means Humboldt County, Nevada. (2) Map The term Map means the map entitled Pine Forest Range Wilderness and dated __, 2011. (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means the State of Nevada. 4. Addition to National Wilderness Preservation System (a) Designation Certain Federal land managed by the Bureau of Land Management, comprising approximately 26,000 acres, as generally depicted on the Map is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Pine Forest Range Wilderness . (b) Boundary (1) Road access The boundary of any portion of the wilderness area designated by subsection (a) that is bordered by a road shall be at least 100 feet away from the edge of the road to allow public access. (2) Road Adjustments The Secretary shall— (A) reroute the road running through Long Meadow to the west to remove the road from the riparian area; (B) reroute the road currently running through Rodeo Flat Meadow to the east to remove the road from the riparian area; and (C) close, except for administrative use, the road along Lower Alder Creek south of Bureau of Land Management road #2083. (3) Reservoir access The boundary of the wilderness area designated by subsection (a) shall be at least 160 feet downstream from the dam at Little Onion Reservoir to allow public access. (c) Map and legal description (1) In general As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the wilderness area designated by subsection (a) with— (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Effect The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map or legal description. (3) Availability Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) Withdrawal Subject to valid existing rights, the wilderness area designated by subsection (a) is withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. 5. Administration (a) Management Subject to valid existing rights, the land designated as wilderness by this Act shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that— (1) any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Livestock Within the wilderness area designated by this Act, the grazing of livestock in areas administered by the Bureau of Land Management in which grazing is established as of the date of enactment of this Act shall be allowed to continue— (1) subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary; and (2) consistent with section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ), including the guidelines set forth in Appendix A of House Report 101–405. (c) Incorporation of acquired land and interests Any land or interest in land within the boundaries of the area designated as wilderness by this Act that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the wilderness area. (d) Water rights (1) Findings Congress finds that— (A) the land designated as wilderness by this Act is located— (i) in the semiarid region of the Great Basin; and (ii) at the headwaters of the streams and rivers on land with respect to which there are few, if any— (I) actual or proposed water resource facilities located upstream; and (II) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (B) the land designated as wilderness by this Act is generally not suitable for use or development of new water resource facilities; and (C) because of the unique nature of the land designated as wilderness by this Act, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws. (2) Purpose The purpose of this section is to protect the wilderness values of the land designated as wilderness by this Act by means other than a federally reserved water right. (3) Statutory construction Nothing in this Act— (A) constitutes an express or implied reservation by the United States of any water or water rights with respect to a wilderness designated by this Act; (B) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (C) establishes a precedent with regard to any future wilderness designations; (D) affects the interpretation of, or any designation made under, any other Act; or (E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (4) Nevada water law The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness area designated by this Act. (5) New projects (A) Definition of water resource facility (i) In general In this paragraph, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (ii) Exclusion In this paragraph, the term water resource facility does not include wildlife guzzlers. (B) Restriction on new water resource facilities Except as otherwise provided in this Act, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within a wilderness area, any portion of which is located in the County. 6. Adjacent management (a) In general Congress does not intend for the designation of land as wilderness by this Act to create a protective perimeter or buffer zone around the wilderness area. (b) Nonwilderness Activities The fact that nonwilderness activities or uses can be seen or heard from areas within the wilderness designated by this Act shall not preclude the conduct of the activities or uses outside the boundary of the wilderness area. 7. Military overflights Nothing in this Act restricts or precludes— (1) low-level overflights of military aircraft over the area designated as wilderness by this Act, including military overflights that can be seen or heard within the wilderness area; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness area. 8. Native American cultural and religious uses Nothing in this Act diminishes— (1) the rights of any Indian tribe; or (2) tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities. 9. Release of wilderness study areas (a) Finding Congress finds that, for the purposes of section 603 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782 ), the Bureau of Land Management land in any portion of the Blue Lakes and Alder Creek wilderness study areas not designated as wilderness by section 4(a) has been adequately studied for wilderness designation. (b) Release Any public land described in subsection (a) that is not designated as wilderness by this Act— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1782(c) ); (2) shall be managed in accordance with— (A) land management plans adopted under section 202 of that Act ( 43 U.S.C. 1712 ); and (B) cooperative conservation agreements in existence on the date of enactment of this Act; and (3) shall be subject to the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). 10. Wildlife management (a) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this Act affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the wilderness area designated by this Act. (b) Management activities In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), management activities to maintain or restore fish and wildlife populations and the habitats to support the populations may be carried out within the wilderness area designated by this Act, if the activities are carried out— (1) consistent with relevant wilderness management plans; and (2) in accordance with— (A) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and (B) appropriate policies, such as those set forth in Appendix B of House Report 101–405, including the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks. (c) Existing activities Consistent with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and in accordance with appropriate policies such as those set forth in Appendix B of House Report 101–405, the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations. (d) Wildlife water development projects Subject to subsection (f), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas designated by section 4(a) if— (1) the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and (2) the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized. (e) Hunting, fishing, and trapping (1) In general The Secretary may designate, by regulation, areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the wilderness areas designated by section 4(a). (2) Consultation Except in emergencies, the Secretary shall consult with the appropriate State agency before promulgating regulations under paragraph (1). (f) Cooperative agreement (1) In general The State, including a designee of the State, may conduct wildlife management activities in the wilderness area designated by this Act— (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9 and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State; and (B) subject to all applicable laws (including regulations). (2) References; clark county For the purposes of this subsection, any reference to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the Pine Forest Range Wilderness. 11. Wildfire, insect, and disease management (a) In general Consistent with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the Secretary may take such measures in the wilderness designated by this Act as may be necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency). (b) Effect Nothing in this Act precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment). 12. Climatological data collection If the Secretary determines that hydrologic, meteorologic, or climatological collection devices are appropriate to further the scientific, educational, and conservation purposes of the wilderness area designated by this Act, nothing in this Act precludes the installation and maintenance of the collection devices within the wilderness area. 13. Land exchanges (a) Definitions In this section: (1) Federal land The term Federal land means Federal land in the County that— (A) is not segregated or withdrawn on or after the date of enactment of this Act; (B) is identified for disposal by the Bureau of Land Management through the Winnemucca Resource Management Plan; and (C) is determined by the Bureau of Land Management to be appropriate for exchange consistent with section 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ). (2) Non-Federal land The term non-Federal land means land identified on the Map as private lands available for exchange . (b) Acquisition of land and interests in land (1) In general Consistent with applicable law and subject to subsection (c), the Secretary may exchange the Federal land for non-Federal land. (2) Incorporation of acquired land Any non-Federal land or interest in non-Federal land in, or adjoining the boundary of, the Pine Forest Range Wilderness Area that is acquired by the United States shall be added to, and administered as part of, the Pine Forest Range Wilderness Area. (c) Conditions Each land exchange under subsection (a) shall be subject to— (1) the condition that the owner of the non-Federal land pay not less than 50 percent of all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances; and (2) such additional terms and conditions as the Secretary may require. (d) Deadline for completion of land exchange It is the intent of Congress that the land exchanges under this section be completed by not later than 5 years after the date of enactment of this Act.

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113-hr-434

I 113th CONGRESS 1st Session H. R. 434 IN THE HOUSE OF REPRESENTATIVES January 29, 2013 Mr. Chabot introduced the following bill; which was referred to the Committee on the Judiciary A BILL To make the moratorium on Internet access taxes and multiple and discriminatory taxes on electronic commerce permanent. 1. Short title This Act may be cited as the Permanent Internet Tax Freedom Act . 2. Permanent moratorium on Internet access taxes and multiple and discriminatory taxes on electronic commerce (a) In General Section 1101(a) of the Internet Tax Freedom Act (47 U.S.C. 151 note) is amended by striking taxes during the period beginning November 1, 2003, and ending November 1, 2014: and inserting taxes: . (b) Effective Date The amendment made by this section shall apply to taxes imposed after the date of the enactment of this Act.

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113-hr-435

I 113th CONGRESS 1st Session H. R. 435 IN THE HOUSE OF REPRESENTATIVES January 29, 2013 Mr. Coffman introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 10, United States Code, to authorize the enlistment in the Armed Forces of additional persons who are residing in the United States and to lawfully admit for permanent residence certain enlistees who are not citizens or other nationals of the United States. 1. Short title This Act may be cited as the Military Enlistment Opportunity Act of 2013 . 2. Qualifications for enlistment in the Armed Forces (a) Additional qualified persons Paragraph (1) of subsection (b) of section 504 of title 10, United States Code, is amended— (1) by redesignating subparagraph (C) as subparagraph (E); and (2) by inserting after subparagraph (B) the following new subparagraphs: (C) A person who, at the time of enlistment in an armed force, has resided continuously in a lawful status in the United States for at least two years. (D) A person who, at the time of enlistment in an armed force, possesses an employment authorization document issued by United States Citizenship and Immigration Services under the requirements of the Department of Homeland Security policy entitled Deferred Action for Childhood Arrivals (DACA). . (b) Admission to Permanent Residence of Certain Enlistees Such section is further amended by adding at the end the following new subsection: (c) Admission to permanent residence of certain enlistees (1) A person described in subsection (b) who, at the time of enlistment in an armed force, is not a citizen or other national of the United States or lawfully admitted for permanent residence shall be adjusted to the status of an alien lawfully admitted for permanent residence under the provisions of section 249 of the Immigration and Nationality Act (8 U.S.C. 1259), except that the alien need not— (A) establish that he or she entered the United States prior to January 1, 1972; and (B) comply with section 212(e) of such Act ( 8 U.S.C. 1182(e) ). (2) The Secretary of Homeland Security shall rescind the lawful permanent resident status of a person whose status was adjusted under paragraph (1) if the person is separated from the armed forces under other than honorable conditions before the person served for a period or periods aggregating five years. Such grounds for rescission are in addition to any other provided by law. The fact that the person was separated from the armed forces under other than honorable conditions shall be proved by a duly authenticated certification from the armed force in which the person last served. The service of the person in the armed forces shall be proved by duly authenticated copies of the service records of the person. (3) Nothing in this subsection shall be construed to alter the process prescribed by sections 328, 329, and 329A of the Immigration and Nationality Act ( 8 U.S.C. 1439 , 1440, 1440–1) by which a person may naturalize through service in the armed forces. . (c) Clerical amendments (1) Section heading The heading of such section is amended to read as follows: 504. Persons not qualified; citizenship or residency requirements; exceptions . (2) Table of sections The table of sections at the beginning of chapter 31 of such title is amended by striking the item relating to section 504 and inserting the following new item: 504. Persons not qualified; citizenship or residency requirements; exceptions. .

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113-hr-436

I 113th CONGRESS 1st Session H. R. 436 IN THE HOUSE OF REPRESENTATIVES January 29, 2013 Mr. Harris (for himself, Mr. Aderholt , Mr. Alexander , Mr. Amash , Mr. Amodei , Mrs. Bachmann , Mr. Bachus , Mr. Barton , Mrs. Black , Mrs. Blackburn , Mr. Brooks of Alabama , Mr. Broun of Georgia , Mr. Bucshon , Mr. Burgess , Mr. Calvert , Mr. Coffman , Mr. DesJarlais , Mr. Duncan of South Carolina , Mr. Duncan of Tennessee , Mr. Fincher , Mr. Fleischmann , Mr. Fortenberry , Mr. Garrett , Mr. Gosar , Mr. Harper , Mr. Huelskamp , Mr. Huizenga of Michigan , Mr. Hurt , Mr. Jordan , Mr. King of Iowa , Mr. Latta , Mr. Gary G. Miller of California , Mr. Miller of Florida , Mr. Mulvaney , Mr. Neugebauer , Mr. Nunnelee , Mr. Palazzo , Mr. Pearce , Mr. Poe of Texas , Mr. Ribble , Mr. Roe of Tennessee , Mr. Ross , Mr. Scalise , Mr. Sensenbrenner , Mr. Sessions , Mr. Smith of Texas , Mr. Stivers , Mr. Stutzman , Mr. Thompson of Pennsylvania , Mr. Thornberry , Mr. Webster of Florida , Mr. Westmoreland , Mr. Wilson of South Carolina , Mr. Wolf , Mr. Womack , and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To preserve open competition and Federal Government neutrality towards the labor relations of Federal Government contractors on Federal and federally funded construction projects. 1. Short title This Act may be cited as the Government Neutrality in Contracting Act . 2. Purposes It is the purpose of this Act to— (1) promote and ensure open competition on Federal and federally funded or assisted construction projects; (2) maintain Federal Government neutrality towards the labor relations of Federal Government contractors on Federal and federally funded or assisted construction projects; (3) reduce construction costs to the Federal Government and to the taxpayers; (4) expand job opportunities, especially for small and disadvantaged businesses; and (5) prevent discrimination against Federal Government contractors or their employees based upon labor affiliation or the lack thereof, thereby promoting the economical, nondiscriminatory, and efficient administration and completion of Federal and federally funded or assisted construction projects. 3. Preservation of open competition and Federal Government neutrality (a) Prohibition (1) General rule The head of each executive agency that awards any construction contract after the date of enactment of this Act, or that obligates funds pursuant to such a contract, shall ensure that the agency, and any construction manager acting on behalf of the Federal Government with respect to such contract, in its bid specifications, project agreements, or other controlling documents does not— (A) require or prohibit a bidder, offeror, contractor, or subcontractor from entering into, or adhering to, agreements with 1 or more labor organizations, with respect to that construction project or another related construction project; or (B) otherwise discriminate against or give preference to a bidder, offeror, contractor, or subcontractor because such bidder, offeror, contractor, or subcontractor— (i) becomes a signatory, or otherwise adheres to, an agreement with 1 or more labor organizations with respect to that construction project or another related construction project; or (ii) refuses to become a signatory, or otherwise adhere to, an agreement with 1 or more labor organizations with respect to that construction project or another related construction project. (2) Application of prohibition The provisions of this section shall not apply to contracts awarded prior to the date of enactment of this Act, and subcontracts awarded pursuant to such contracts regardless of the date of such subcontracts. (3) Rule of construction Nothing in paragraph (1) shall be construed to prohibit a contractor or subcontractor from voluntarily entering into an agreement described in such paragraph. (b) Recipients of grants and other assistance The head of each executive agency that awards grants, provides financial assistance, or enters into cooperative agreements for construction projects after the date of enactment of this Act, shall ensure that— (1) the bid specifications, project agreements, or other controlling documents for such construction projects of a recipient of a grant or financial assistance, or by the parties to a cooperative agreement, do not contain any of the requirements or prohibitions described in subparagraph (A) or (B) of subsection (a)(1); or (2) the bid specifications, project agreements, or other controlling documents for such construction projects of a construction manager acting on behalf of a recipient or party described in paragraph (1), do not contain any of the requirements or prohibitions described in subparagraph (A) or (B) of subsection (a)(1). (c) Failure To comply If an executive agency, a recipient of a grant or financial assistance from an executive agency, a party to a cooperative agreement with an executive agency, or a construction manager acting on behalf of such an agency, recipient or party, fails to comply with subsection (a) or (b), the head of the executive agency awarding the contract, grant, or assistance, or entering into the agreement, involved shall take such action, consistent with law, as the head of the agency determines to be appropriate. (d) Exemptions (1) In general The head of an executive agency may exempt a particular project, contract, subcontract, grant, or cooperative agreement from the requirements of 1 or more of the provisions of subsections (a) and (b) if the head of such agency determines that special circumstances exist that require an exemption in order to avert an imminent threat to public health or safety or to serve the national security. (2) Special circumstances For purposes of paragraph (1), a finding of special circumstances may not be based on the possibility or existence of a labor dispute concerning contractors or subcontractors that are nonsignatories to, or that otherwise do not adhere to, agreements with 1 or more labor organizations, or labor disputes concerning employees on the project who are not members of, or affiliated with, a labor organization. (3) Additional exemption for certain projects The head of an executive agency, upon application of an awarding authority, a recipient of grants or financial assistance, a party to a cooperative agreement, or a construction manager acting on behalf of any of such entities, may exempt a particular project from the requirements of any or all of the provisions of subsection (a) or (b), if the agency head finds— (A) that the awarding authority, recipient of grants or financial assistance, party to a cooperative agreement, or construction manager acting on behalf of any of such entities had issued or was a party to, as of the date of the enactment of this Act, bid specifications, project agreements, agreements with 1 or more labor organizations, or other controlling documents with respect to that particular project, which contained any of the requirements or prohibitions set forth in subsection (a)(1); and (B) that 1 or more construction contracts subject to such requirements or prohibitions had been awarded as of the date of the enactment of this Act. (e) Federal Acquisition Regulatory Council With respect to Federal contracts to which this section applies, not later than 60 days after the date of enactment of this Act, the Federal Acquisition Regulatory Council shall take appropriate action to amend the Federal Acquisition Regulation to implement the provisions of this section. (f) Definitions In this section: (1) Construction contract The term construction contract means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (2) Executive agency The term executive agency has the meaning given such term in section 105 of title 5, United States Code, except that such term shall not include the Government Accountability Office. (3) Labor organization The term labor organization has the meaning given such term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)).

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113-hr-437

I 113th CONGRESS 1st Session H. R. 437 IN THE HOUSE OF REPRESENTATIVES January 29, 2013 Mrs. McCarthy of New York (for herself, Mr. Perlmutter , Mr. Schiff , Mr. Van Hollen , Mr. Deutch , Mr. Carney , Ms. Speier , Mr. Nadler , Mr. Larson of Connecticut , Mr. Pascrell , Mr. Cicilline , Mr. Tierney , Ms. DeLauro , Mr. Cohen , Ms. Schakowsky , Mr. Blumenauer , Mr. Takano , Mr. Swalwell of California , Mrs. Lowey , Mrs. Carolyn B. Maloney of New York , Mr. Brady of Pennsylvania , Ms. Matsui , Ms. Frankel of Florida , Mr. Meeks , Mr. Sires , Mr. McGovern , Ms. Tsongas , Mr. Kennedy , Mr. Huffman , Mr. George Miller of California , Mr. Himes , Ms. Slaughter , Ms. McCollum , Mr. Holt , Mr. Moran , Mr. Grijalva , Ms. DeGette , Mr. Levin , Mr. Serrano , Mr. Quigley , Mr. Lowenthal , Ms. Esty , Ms. Eshoo , Mr. Sherman , Ms. Lofgren , Ms. Hahn , Mr. Cartwright , Mr. Bishop of New York , Ms. Jackson Lee , Mr. Pallone , Mr. Scott of Virginia , Mr. Conyers , and Ms. Meng ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes. 1. Short title This Act may be cited as the Assault Weapons Ban of 2013 . 2. Definitions (a) In general Section 921(a) of title 18, United States Code, is amended— (1) by inserting after paragraph (29) the following: (30) The term semiautomatic pistol means any repeating pistol that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. (31) The term semiautomatic shotgun means any repeating shotgun that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; and (B) requires a separate pull of the trigger to fire each cartridge. ; and (2) by adding at the end the following: (36) The term semiautomatic assault weapon means any of the following, regardless of country of manufacture or caliber of ammunition accepted: (A) A semiautomatic rifle that has the capacity to accept a detachable magazine and any 1 of the following: (i) A pistol grip. (ii) A forward grip. (iii) A folding, telescoping, or detachable stock. (iv) A grenade launcher or rocket launcher. (v) A barrel shroud. (vi) A threaded barrel. (B) A semiautomatic rifle that has a fixed magazine with the capacity to accept more than 10 rounds, except for an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. (C) Any part, combination of parts, component, device, attachment, or accessory that is designed or functions to accelerate the rate of fire of a semiautomatic rifle but not convert the semiautomatic rifle into a machinegun. (D) A semiautomatic pistol that has the capacity to accept a detachable magazine and any 1 of the following: (i) A threaded barrel. (ii) A second pistol grip. (iii) A barrel shroud. (iv) The capacity to accept a detachable magazine at some location outside of the pistol grip. (v) A semiautomatic version of an automatic firearm. (E) A semiautomatic pistol with a fixed magazine that has the capacity to accept more than 10 rounds. (F) A semiautomatic shotgun that has any 1 of the following: (i) A folding, telescoping, or detachable stock. (ii) A pistol grip. (iii) A fixed magazine with the capacity to accept more than 5 rounds. (iv) The ability to accept a detachable magazine. (v) A forward grip. (vi) A grenade launcher or rocket launcher. (G) Any shotgun with a revolving cylinder. (H) All of the following rifles, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK types, including the following: (I) AK, AK47, AK47S, AK–74, AKM, AKS, ARM, MAK90, MISR, NHM90, NHM91, Rock River Arms LAR–47, SA85, SA93, Vector Arms AK–47, VEPR, WASR–10, and WUM. (II) IZHMASH Saiga AK. (III) MAADI AK47 and ARM. (IV) Norinco 56S, 56S2, 84S, and 86S. (V) Poly Technologies AK47 and AKS. (ii) All AR types, including the following: (I) AR–10. (II) AR–15. (III) Armalite M15 22LR Carbine. (IV) Armalite M15–T. (V) Barrett REC7. (VI) Beretta AR–70. (VII) Bushmaster ACR. (VIII) Bushmaster Carbon 15. (IX) Bushmaster MOE series. (X) Bushmaster XM15. (XI) Colt Match Target Rifles. (XII) DoubleStar AR rifles. (XIII) DPMS Tactical Rifles. (XIV) Heckler & Koch MR556. (XV) Olympic Arms. (XVI) Remington R–15 rifles. (XVII) Rock River Arms LAR–15. (XVIII) Sig Sauer SIG516 rifles. (XIX) Smith & Wesson M&P15 Rifles. (XX) Stag Arms AR rifles. (XXI) Sturm, Ruger & Co. SR556 rifles. (iii) Barrett M107A1. (iv) Barrett M82A1. (v) Beretta CX4 Storm. (vi) Calico Liberty Series. (vii) CETME Sporter. (viii) Daewoo K–1, K–2, Max 1, Max 2, AR 100, and AR 110C. (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. (x) Feather Industries AT–9. (xi) Galil Model AR and Model ARM. (xii) Hi-Point Carbine. (xiii) HK–91, HK–93, HK–94, HK–PSG–1, and HK USC. (xiv) Kel-Tec Sub–2000, SU–16, and RFB. (xv) SIG AMT, SIG PE–57, Sig Sauer SG 550, and Sig Sauer SG 551. (xvi) Springfield Armory SAR–48. (xvii) Steyr AUG. (xviii) Sturm, Ruger Mini-14 Tactical Rife M–14/20CF. (xix) All Thompson rifles, including the following: (I) Thompson M1SB. (II) Thompson T1100D. (III) Thompson T150D. (IV) Thompson T1B. (V) Thompson T1B100D. (VI) Thompson T1B50D. (VII) Thompson T1BSB. (VIII) Thompson T1–C. (IX) Thompson T1D. (X) Thompson T1SB. (XI) Thompson T5. (XII) Thompson T5100D. (XIII) Thompson TM1. (XIV) Thompson TM1C. (xx) UMAREX UZI Rifle. (xxi) UZI Mini Carbine, UZI Model A Carbine, and UZI Model B Carbine. (xxii) Valmet M62S, M71S, and M78. (xxiii) Vector Arms UZI Type. (xxiv) Weaver Arms Nighthawk. (xxv) Wilkinson Arms Linda Carbine. (I) All of the following pistols, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) All AK–47 types, including the following: (I) Centurion 39 AK pistol. (II) Draco AK–47 pistol. (III) HCR AK–47 pistol. (IV) IO Inc. Hellpup AK–47 pistol. (V) Krinkov pistol. (VI) Mini Draco AK–47 pistol. (VII) Yugo Krebs Krink pistol. (ii) All AR–15 types, including the following: (I) American Spirit AR–15 pistol. (II) Bushmaster Carbon 15 pistol. (III) DoubleStar Corporation AR pistol. (IV) DPMS AR–15 pistol. (V) Olympic Arms AR–15 pistol. (VI) Rock River Arms LAR 15 pistol. (iii) Calico Liberty pistols. (iv) DSA SA58 PKP FAL pistol. (v) Encom MP–9 and MP–45. (vi) Heckler & Koch model SP–89 pistol. (vii) Intratec AB–10, TEC–22 Scorpion, TEC–9, and TEC–DC9. (viii) Kel-Tec PLR 16 pistol. (ix) The following MAC types: (I) MAC–10. (II) MAC–11. (III) Masterpiece Arms MPA A930 Mini Pistol, MPA460 Pistol, MPA Tactical Pistol, and MPA Mini Tactical Pistol. (IV) Military Armament Corp. Ingram M–11. (V) Velocity Arms VMAC. (x) Sig Sauer P556 pistol. (xi) Sites Spectre. (xii) All Thompson types, including the following: (I) Thompson TA510D. (II) Thompson TA5. (xiii) All UZI types, including Micro-UZI. (J) All of the following shotguns, copies, duplicates, variants, or altered facsimiles with the capability of any such weapon thereof: (i) Franchi LAW–12 and SPAS 12. (ii) All IZHMASH Saiga 12 types, including the following: (I) IZHMASH Saiga 12. (II) IZHMASH Saiga 12S. (III) IZHMASH Saiga 12S EXP–01. (IV) IZHMASH Saiga 12K. (V) IZHMASH Saiga 12K–030. (VI) IZHMASH Saiga 12K–040 Taktika. (iii) Streetsweeper. (iv) Striker 12. (K) All belt-fed semiautomatic firearms, including TNW M2HB. (L) Any combination of parts from which a firearm described in subparagraphs (A) through (K) can be assembled. (M) The frame or receiver of a rifle or shotgun described in subparagraph (A), (B), (C), (F), (G), (H), (J), or (K). (37) The term large capacity ammunition feeding device — (A) means a magazine, belt, drum, feed strip, or similar device, including any such device joined or coupled with another in any manner, that has an overall capacity of, or that can be readily restored, changed, or converted to accept, more than 10 rounds of ammunition; and (B) does not include an attached tubular device designed to accept, and capable of operating only with, .22 caliber rimfire ammunition. . (b) Related definitions Section 921(a) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following: (38) The term barrel shroud — (A) means a shroud that is attached to, or partially or completely encircles, the barrel of a firearm so that the shroud protects the user of the firearm from heat generated by the barrel; and (B) does not include— (i) a slide that partially or completely encloses the barrel; or (ii) an extension of the stock along the bottom of the barrel which does not encircle or substantially encircle the barrel. (39) The term detachable magazine means an ammunition feeding device that can be removed from a firearm without disassembly of the firearm action. (40) The term fixed magazine means an ammunition feeding device that is permanently fixed to the firearm in such a manner that it cannot be removed without disassembly of the firearm. (41) The term folding, telescoping, or detachable stock means a stock that folds, telescopes, detaches or otherwise operates to reduce the length, size, or any other dimension, or otherwise enhances the concealability, of a firearm. (42) The term forward grip means a grip located forward of the trigger that functions as a pistol grip. (43) The term rocket means any simple or complex tubelike device containing combustibles that on being ignited liberate gases whose action propels the tube through the air and has a propellant charge of not more than 4 ounces. (44) The term grenade launcher or rocket launcher means an attachment for use on a firearm that is designed to propel a grenade, rocket, or other similar destructive device. (45) The term permanently inoperable means a firearm which is incapable of discharging a shot by means of an explosive and incapable of being readily restored to a firing condition. (46) The term pistol grip means a grip, a thumbhole stock, or any other characteristic that can function as a grip. (47) The term threaded barrel means a feature or characteristic that is designed in such a manner to allow for the attachment of a device such as a firearm silencer or a flash suppressor. (48) The term qualified law enforcement officer has the meaning given the term in section 926B of title 18, United States Code. (49) The term grandfathered semiautomatic assault weapon means any semiautomatic assault weapon the importation, possession, sale, or transfer of which would be unlawful under section 922(v) but for the exception under paragraph (2) of such section. (50) The term belt-fed semiautomatic firearm means any repeating firearm that— (A) utilizes a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round; (B) requires a separate pull of the trigger to fire each cartridge; and (C) has the capacity to accept a belt ammunition feeding device. . 3. Restrictions on assault weapons and large capacity ammunition feeding devices (a) In general Section 922 of title 18, United States Code, is amended— (1) by inserting after subsection (u) the following: (v) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a semiautomatic assault weapon. (2) Paragraph (1) shall not apply to the possession, sale, or transfer of any semiautomatic assault weapon otherwise lawfully possessed under Federal law on the date of enactment of the Assault Weapons Ban of 2013 . (3) Paragraph (1) shall not apply to any firearm that— (A) is manually operated by bolt, pump, lever, or slide action; (B) has been rendered permanently inoperable; or (C) is an antique firearm, as defined in section 921 of this title. (4) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); (B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving a firearm, of a semiautomatic assault weapon— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; (D) the importation, sale, manufacture, transfer, or possession of a semiautomatic assault weapon by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General; or (E) the importation, sale, manufacture, transfer, or possession of a firearm specified in Appendix A to this section, as such firearm was manufactured on the date of introduction of the Assault Weapons Ban of 2013 . (5) For purposes of paragraph (4)(A), the term campus law enforcement officer means an individual who is— (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. (6) The Attorney General shall establish and maintain, in a timely manner, a record of the make, model, and, if available, date of manufacture of any semiautomatic assault weapon which the Attorney General is made aware has been used in relation to a crime under Federal or State law, and the nature and circumstances of the crime involved, including the outcome of relevant criminal investigations and proceedings. The Attorney General shall annually submit a copy of the record established under this paragraph to the Congress and make the record available to the general public. (w) (1) It shall be unlawful for a person to import, sell, manufacture, transfer, or possess, in or affecting interstate or foreign commerce, a large capacity ammunition feeding device. (2) Paragraph (1) shall not apply to the possession of any large capacity ammunition feeding device otherwise lawfully possessed on or before the date of enactment of the Assault Weapons Ban of 2013 . (3) Paragraph (1) shall not apply to— (A) the importation for, manufacture for, sale to, transfer to, or possession by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State, or a sale or transfer to or possession by a qualified law enforcement officer employed by the United States or a department or agency of the United States or a State or a department, agency, or political subdivision of a State for purposes of law enforcement (whether on or off duty), or a sale or transfer to or possession by a campus law enforcement officer for purposes of law enforcement (whether on or off duty); (B) the importation for, or sale or transfer to a licensee under title I of the Atomic Energy Act of 1954 for purposes of establishing and maintaining an on-site physical protection system and security organization required by Federal law, or possession by an employee or contractor of such licensee on-site for such purposes or off-site for purposes of licensee-authorized training or transportation of nuclear materials; (C) the possession, by an individual who is retired in good standing from service with a law enforcement agency and is not otherwise prohibited from receiving ammunition, of a large capacity ammunition feeding device— (i) sold or transferred to the individual by the agency upon such retirement; or (ii) that the individual purchased, or otherwise obtained, for official use before such retirement; or (D) the importation, sale, manufacture, transfer, or possession of any large capacity ammunition feeding device by a licensed manufacturer or licensed importer for the purposes of testing or experimentation authorized by the Attorney General. (4) For purposes of paragraph (3)(A), the term campus law enforcement officer means an individual who is— (A) employed by a private institution of higher education that is eligible for funding under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ); (B) responsible for the prevention or investigation of crime involving injury to persons or property, including apprehension or detention of persons for such crimes; (C) authorized by Federal, State, or local law to carry a firearm, execute search warrants, and make arrests; and (D) recognized, commissioned, or certified by a government entity as a law enforcement officer. ; and (2) by adding at the end the following: (aa) Secure storage or safety device requirement for grandfathered semiautomatic assault weapons It shall be unlawful for any person, other than a licensed importer, licensed manufacturer, or licensed dealer, to store or keep under the dominion or control of that person any grandfathered semiautomatic assault weapon that the person knows, or has reasonable cause to believe, will be accessible to an individual prohibited from receiving or possessing a firearm under subsection (g), (n), or (x), or any provision of State law, unless the grandfathered semiautomatic assault weapon is— (1) carried on the person, or within such close proximity that the person can readily retrieve and use the grandfathered semiautomatic assault weapon as if the grandfathered semiautomatic assault weapon were carried on the person; or (2) locked by a secure gun storage or safety device that the prohibited individual has no ability to access. . (b) Identification markings for semiautomatic assault weapons Section 923(i) of title 18, United States Code, is amended by adding at the end the following: The serial number of any semiautomatic assault weapon manufactured after the date of enactment of the Assault Weapons Ban of 2013 shall clearly show the date on which the weapon was manufactured or made, legibly and conspicuously engraved or cast on the weapon, and such other identification as the Attorney General shall by regulations prescribe. . (c) Identification markings for large capacity ammunition feeding devices Section 923(i) of title 18, United States Code, as amended by this Act, is amended by adding at the end the following: A large capacity ammunition feeding device manufactured after the date of enactment of the Assault Weapons Ban of 2013 shall be identified by a serial number and the date on which the device was manufactured or made, legibly and conspicuously engraved or cast on the device, and such other identification as the Attorney General shall by regulations prescribe. . (d) Seizure and forfeiture of large capacity ammunition feeding devices Subsection (d) of section 924 of title 18, United States Code, is amended— (1) in paragraph (1)— (A) by inserting or large capacity ammunition feeding device after firearm or ammunition each time it appears; (B) by inserting or large capacity ammunition feeding device after firearms or ammunition each time it appears; and (C) by striking or (k) and inserting (k), (r), (v), or (w) ; (2) in paragraph (2)— (A) in subparagraph (C), by inserting or large capacity ammunition feeding devices after firearms or quantities of ammunition ; and (3) in paragraph (3)— (A) in subparagraph (E), by inserting 922(r), 922(v), 922(w), after 922(n), . (e) Appendix A Section 922 of title 18, United States Code, is amended by adding at the end the following: Appendix A—Firearms exempted by the Assault Weapons Ban of 2013 Centerfire Rifles—Autoloaders Benelli R1 Rifle Browning BAR Mark II Safari Magnum Rifle Browning BAR Mark II Safari Semi-Auto Rifle Browning BAR Stalker Rifles Browning High-Power Rifle Browning Longtrac Rifle Browning Shorttrac Rifle Heckler & Koch HK630 Heckler & Koch HK770 Heckler & Koch HK940 Heckler & Koch Model 300 Rifle Heckler & Koch SL7 Rifle Iver Johnson 50th Anniversary M–1 Carbine (w/o folding stock) Iver Johnson M–1 Carbine (w/o folding stock) M–1 Carbines with standard fixed stock M–1 Garand with fixed 8 round capacity and standard stock Marlin Model 9 Camp Carbine Marlin Model 45 Carbine Remington Model 74 Remington Model 81 Remington Model 740 Remington Model 742 Remington Model 750 Synthetic Remington Model 750 Woodmaster Remington Model 7400 Rifle Remington Model 7400 Special Purpose Auto Rifle Remington Nylon 66 Auto-Loading Rifle Ruger Mini 30 Ruger Mini-14 (w/o folding stock) Ruger PC4 Ruger PC9 SKS type rifles with fixed 10 round magazine and standard fixed stock Winchester Model SXR Centerfire Rifles—Lever & Slide Action Arms Timber Wolf Pump Action Beretta 1873 Renegade Lever Action Beretta Gold Rush Slide Action Big Horn Armory Model 89 Browning BLR Model 181 Lever Action, All Models Browning BPR Pump Rifle Browning Model 53 Lever Action Browning Model 65 Grade 1 Lever Action Rifle Browning Model 71 Rifle and Carbine Browning Model 81 BLR Browning Model 81 BLR Lever-Action Rifle Browning Model 81 Long Action BLR Browning Model 1886 High Grade Carbine Browning Model 1886 Lever-Action Carbine Browning Model B–92 Carbine Charles Daly Model 1892 Lever Action, All Models Chiappa 1886 Lever Action Rifles Cimarron 1860 Henry Replica Cimarron 1866 Winchester Replicas Cimarron 1873 30″ Express Rifle Cimarron 1873 Short Rifle Cimarron 1873 Sporting Rifle Cimarron 1873 Winchester Replicas Dixie Engraved 1873 Rifle Dixie Lightning Rifle and Carbines E.M.F. 1860 Henry Rifle E.M.F. 1866 Yellowboy Lever Actions E.M.F. Model 73 Lever-Action Rifle E.M.F. Model 1873 Lever Actions Henry .30/30 Lever Action Carbine Henry Big Boy .357 Magnum Henry Big Boy .44 Magnum Henry Big Boy .45 Colt Henry Big Boy Deluxe Engraved .44 Magnum Henry Big Boy Deluxe Engraved .45 Colt Marlin Model 30AS Lever-Action Carbine Marlin Model 62 Lever Action Marlin Model 93 Lever Action Marlin Model 308MX Marlin Model 308MXLR Marlin Model 336 Deluxe Marlin Model 336C Marlin Model 336CS Lever-Action Carbine Marlin Model 336DL Lever Action Marlin Model 336SS Marlin Model 336W Marlin Model 336XLR Marlin Model 338MX Marlin Model 338MXLR Marlin Model 444 Marlin Model 444 Lever-Action Marlin Model 444XLR Marlin Model 1894 Marlin Model 1894 Cowboy Marlin Model 1894 Lever Action, All Models Marlin Model 1894C Marlin Model 1894CL Classic Marlin Model 1894CS Carbine Marlin Model 1894S Lever-Action Carbine Marlin Model 1894SS Marlin Model 1895 Marlin Model 1895 Cowboy Marlin Model 1895 Lever Action, All Models Marlin Model 1895G Marlin Model 1895GS Marlin Model 1895M Marlin Model 1895MXLR Marlin Model 1895SBL Marlin Model 1895SS Lever-Action Rifle Marlin Model 1895XLR Marlin XLR Lever Action Rifles Mitchell 1858 Henry Replica Mitchell 1866 Winchester Replica Mitchell 1873 Winchester Replica Mossberg 464 Lever Action Rifle Mossberg Model 472 Lever Action Mossberg Model 479 Lever Action Navy Arms 1866 Yellowboy Rifle Navy Arms 1873 Sporting Rifle Navy Arms 1873 Winchester-Style Rifle Navy Arms 1892 Short Rifle Navy Arms Henry Carbine Navy Arms Henry Trapper Navy Arms Iron Frame Henry Navy Arms Military Henry Rifle Puma Bounty Hunter Rifle Puma Model 92 Rifles & Carbines Remington 7600 Slide Action Remington Model 6 Pump Action Remington Model 14, 14 ½ Pump Actions Remington Model 141 Pump Action Remington Model 760 Slide Actions Remington Model 7600 Special Purpose Slide Action Remington Model 7600 Synthetic Remington Model 7615 Camo Hunter Remington Model 7615 Ranch Carbine Remington Model 7615 SPS Rossi M92 SRC Saddle-Ring Carbine Rossi M92 SRS Short Carbine Rossi R92 Lever Action Carbines Ruger Model 96/44 Lever Action Savage 99C Lever-Action Rifle Savage Model 170 Pump Action Taurus Thunderbolt Pump Action Taylor’s & CO., Inc. 1865 Spencer Carbine/Rifle Taylor’s & CO., Inc. 1892 Carbine/Rifle U.S. Fire Arms Standard Lightning Magazine Rifle Uberti 1866 Sporting Rifle Uberti 1873 Sporting Rifle Uberti 1876 Rifle Uberti 1883 Burgess Lever Action Rifle/Carbine Uberti Henry Rifle Uberti Lightning Rifle/Carbine Winchester Lever Actions, All Other Center Fire Models Winchester Model 94 Big Bore Side Eject Winchester Model 94 Ranger Side Eject Lever-Action Rifle Winchester Model 94 Side Eject Lever-Action Rifle Winchester Model 94 Trapper Side Eject Winchester Model 94 Wrangler Side Eject Winchester Model 1895 Safari Centennial Centerfire Rifles—Bolt Action Accurate Arms Raptor & Backpack Bolt Action Rifles Alpine Bolt-Action Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1733D Mannlicher Rifle Arnold Arms African Safari & Alaskan Trophy Rifles A-Square Caesar Bolt-Action Rifle A-Square Genghis Khan Bolt Action Rifle A-Square Hamilcar Bolt Action Rifle A-Square Hannibal Bolt-Action Rifle Auguste Francotte Bolt-Action Rifles Bansners Ultimate Bolt Action Rifles Beeman/HW 60J Bolt-Action Rifle Benton & Brown Firearms, Inc. Model 93 Bolt Action Rifle Blackheart International BBG Hunter Bolt Action Blackheart International LLC BBG Light Sniper Bolt Action Blaser R8 Professional Blaser R84 Bolt-Action Rifle Blaser R93 Bolt Action Rifle BRNO 537 Sporter Bolt-Action Rifle BRNO ZKB 527 Fox Bolt-Action Rifle BRNO ZKK 600, 601, 602 Bolt-Action Rifles Brown Precision Company Bolt Action Sporter Browning A-Bolt Gold Medallion Browning A-Bolt Left Hand Browning A-Bolt Micro Medallion Browning A-Bolt Rifle Browning A-Bolt Short Action Browning A-Bolt Stainless Stalker Browning Euro-Bolt Rifle Browning High-Power Bolt Action Rifle Browning X-Bolt Bolt Action Rifle Carbon One Bolt Action Rifle Carl Gustaf 2000 Bolt-Action Rifle Century Centurion 14 Sporter Century Enfield Sporter #4 Century M70 Sporter Century Mauser 98 Sporter Century Swedish Sporter #38 Cheytac M–200 Cheytac M70 Sporter Cooper Model 21 Bolt Action Rifle Cooper Model 22 Bolt Action Rifle Cooper Model 38 Centerfire Sporter Cooper Model 56 Bolt Action Rifle CZ 527 Bolt Action Rifles CZ 550 Bolt Action Rifles CZ 750 Sniper Rifle Dakota 22 Sporter Bolt-Action Rifle Dakota 76 Classic Bolt-Action Rifle Dakota 76 Safari Bolt-Action Rifle Dakota 76 Short Action Rifles Dakota 97 Bolt Action Rifle Dakota 416 Rigby African Dakota Predator Rifle DSA DS–MP1 Bolt Action Rifle E.A.A./Sabatti Rover 870 Bolt-Action Rifle EAA/Zastava M–93 Black Arrow Rifle Ed Brown Hunting and Model 704 Bolt Action Rifles Heym Bolt Action Rifles Heym Magnum Express Series Rifle Howa Bolt Action Rifles Howa Lightning Bolt-Action Rifle Howa Realtree Camo Rifle H–S Precision Bolt Action Rifles Interarms Mark X Bolt Action Rifles Interarms Mark X Viscount Bolt-Action Rifle Interarms Mark X Whitworth Bolt-Action Rifle Interarms Mini-Mark X Rifle Interarms Whitworth Express Rifle Iver Johnson Model 5100A1 Long-Range Rifle KDF K15 American Bolt-Action Rifle Kenny Jarrett Bolt Action Rifle Kimber Bolt Action Rifles Krico Model 600 Bolt-Action Rifle Krico Model 700 Bolt-Action Rifles Magnum Research Mount Eagle Rifles Marlin Model XL7 Marlin Model XL7C Marlin Model XL7L Marlin Model XL7W Marlin Model XS7 Marlin Model XS7C Marlin Model XS7Y Marlin XL–7/XS7 Bolt Action Rifles Mauser Model 66 Bolt-Action Rifle Mauser Model 99 Bolt-Action Rifle McMillan Classic Stainless Sporter McMillan Signature Alaskan McMillan Signature Classic Sporter McMillan Signature Super Varminter McMillan Signature Titanium Mountain Rifle McMillan Talon Safari Rifle McMillan Talon Sporter Rifle Merkel KR1 Bolt Action Rifle Midland 1500S Survivor Rifle Mossberg Model 100 ATR (All-Terrain Rifle) Navy Arms TU–33/40 Carbine Nosler Model 48 Varmint Rifle Parker Hale Bolt Action Rifles Parker-Hale Model 81 Classic African Rifle Parker-Hale Model 81 Classic Rifle Parker-Hale Model 1000 Rifle Parker-Hale Model 1100 Lightweight Rifle Parker-Hale Model 1100M African Magnum Parker-Hale Model 1200 Super Clip Rifle Parker-Hale Model 1200 Super Rifle Parker-Hale Model 1300C Scout Rifle Parker-Hale Model 2100 Midland Rifle Parker-Hale Model 2700 Lightweight Rifle Parker-Hale Model 2800 Midland Rifle Remington 700 ADL Bolt-Action Rifle Remington 700 BDL Bolt-Action Rifle Remington 700 BDL European Bolt-Action Rifle Remington 700 BDL Left Hand Remington 700 BDL SS Rifle Remington 700 BDL Varmint Special Remington 700 Camo Synthetic Rifle Remington 700 Classic Rifle Remington 700 Custom KS Mountain Rifle Remington 700 Mountain Rifle Remington 700 MTRSS Rifle Remington 700 Safari Remington 700 Stainless Synthetic Rifle Remington 700 Varmint Synthetic Rifle Remington Model 40–X Bolt Action Rifles Remington Model 700 Alaskan Ti Remington Model 700 Bolt Action Rifles Remington Model 700 CDL Remington Model 700 CDL Boone and Crockett Remington Model 700 CDL Left-Hand Remington Model 700 CDL SF Limited Edition Remington Model 700 LSS Remington Model 700 Mountain LSS Remington Model 700 Sendero SF II Remington Model 700 SPS Remington Model 700 SPS Buckmasters Edition Remington Model 700 SPS Buckmasters Edition ‘Young Bucks’ Youth Remington Model 700 SPS Stainless Remington Model 700 SPS Tactical Rifle Remington Model 700 SPS Varmint Remington Model 700 SPS Varmint (Left-Hand) Remington Model 700 SPS Youth Synthetic Left-Hand Remington Model 700 VL SS Thumbhole Remington Model 700 VLS Remington Model 700 VS SF II Remington Model 700 VTR Remington Model 700 XCR Remington Model 700 XCR Camo Remington Model 700 XCR Compact Tactical Rifle Remington Model 700 XCR Left-Hand Remington Model 700 XCR Tactical Long Range Rifle Remington Model 715 Remington Model 770 Remington Model 770 Bolt Action Rifles Remington Model 770 Stainless Camo Remington Model 770 Youth Remington Model 798 Remington Model 798 Safari Remington Model 798 SPS Remington Model 799 Remington Model Seven 25th Anniversary Remington Model Seven Bolt Action Rifles Remington Model Seven CDL Remington Model Seven Custom KS Remington Model Seven Custom MS Rifle Remington Model Seven Predator Remington Model Seven Youth Rifle Ruger M77 Hawkeye African Ruger M77 Hawkeye Alaskan Ruger M77 Hawkeye All-Weather Ruger M77 Hawkeye All-Weather Ultra Light Ruger M77 Hawkeye Compact Ruger M77 Hawkeye International Ruger M77 Hawkeye Laminate Compact Ruger M77 Hawkeye Laminate Left-Handed Ruger M77 Hawkeye Predator Ruger M77 Hawkeye Sporter Ruger M77 Hawkeye Standard Ruger M77 Hawkeye Standard Left-Handed Ruger M77 Hawkeye Tactical Ruger M77 Hawkeye Ultra Light Ruger M77 Mark II All-Weather Stainless Rifle Ruger M77 Mark II Express Rifle Ruger M77 Mark II Magnum Rifle Ruger M77 Mark II Rifle Ruger M77 Mark II Target Rifle Ruger M77 RSI International Carbine Ruger M77 Ruger Compact Magnum Ruger M77RL Ultra Light Ruger M77VT Target Rifle Ruger Model 77 Bolt Action Rifles Sako Bolt Action Rifles Sako Classic Bolt Action Sako Deluxe Lightweight Sako FiberClass Sporter Sako Hunter Left-Hand Rifle Sako Hunter LS Rifle Sako Hunter Rifle Sako Mannlicher-Style Carbine Sako Safari Grade Bolt Action Sako Super Deluxe Sporter Sako TRG–S Bolt-Action Rifle Sako Varmint Heavy Barrel Sauer 90 Bolt-Action Rifle Savage 16/116 Rifles Savage 110 Bolt Action Rifles Savage 110CY Youth/Ladies Rifle Savage 110F Bolt-Action Rifle Savage 110FP Police Rifle Savage 110FXP3 Bolt-Action Rifle Savage 110G Bolt-Action Rifle Savage 110GV Varmint Rifle Savage 110GXP3 Bolt-Action Rifle Savage 110WLE One of One Thousand Limited Edition Rifle Savage 112 Bolt Action Rifles Savage 112FV Varmint Rifle Savage 116 Bolt Action Rifles Savage 116FSS Bolt-Action Rifle Savage Axis Series Bolt Action Rifles Savage Model 10 Bolt Action Rifles Savage Model 10GXP Package Guns Savage Model 11/111 Series Bolt Action Rifles Savage Model 12 Series Rifles Savage Model 14/114 Rifles Savage Model 25 Bolt Action Rifles Savage Model 110GXP3 Package Guns Savage Model 112BV Heavy Barrel Varmint Rifle Savage Model 112FVS Varmint Rifle Savage Model 116FSK Kodiak Rifle Shilen Rifles Inc. DGA Bolt Action Rifles Smith & Wesson i-Bolt Rifle Steyr Scout Bolt Action Rifle Steyr SSG 69 PII Bolt Action Rifle Steyr SSG08 Bolt Action Rifle Steyr-Mannlicher Luxus Model L, M, S Steyr-Mannlicher Model M Professional Rifle Steyr-Mannlicher Sporter Models SL, L, M, S, S/T Thompson/Center ICON Bolt Action Rifles Thompson/Center Icon Classic Long Action Rifle Thompson/Center Icon Medium Action Rifle Thompson/Center Icon Precision Hunter Thompson/Center Icon Weather Shield Long Action Rifle Thompson/Center Icon Weather Shield Medium Action Rifle Thompson/Center Venture Tikka Bolt-Action Rifle Tikka Premium Grade Rifles Tikka T3 Bolt Action Rifles Tikka Varmint/Continental Rifle Tikka Whitetail/Battue Rifle Ultra Light Arms Model 20 Rifle Ultra Light Arms Model 24 Ultra Light Arms Model 28, Model 40 Rifles Voere Model 2155, 2150 Bolt-Action Rifles Voere Model 2165 Bolt-Action Rifle Voere VEC 91 Lightning Bolt-Action Rifle Weatherby Classicmark No. 1 Rifle Weatherby Lasermark V Rifle Weatherby Mark V Crown Custom Rifles Weatherby Mark V Deluxe Bolt-Action Rifle Weatherby Mark V Rifles Weatherby Mark V Safari Grade Custom Rifles Weatherby Mark V Sporter Rifle Weatherby Vanguard Bolt Action Rifles Weatherby Vanguard Classic No. 1 Rifle Weatherby Vanguard Classic Rifle Weatherby Vanguard VGX Deluxe Rifle Weatherby Vanguard Weatherguard Rifle Weatherby Weatherguard Alaskan Rifle Weatherby Weathermark Alaskan Rifle Weatherby Weathermark Rifle Weatherby Weathermark Rifles Wichita Classic Rifle Wichita Varmint Rifle Winchester Model 70 Bolt Action Rifles Winchester Model 70 Custom Sharpshooter Winchester Model 70 Custom Sporting Sharpshooter Rifle Winchester Model 70 DBM Rifle Winchester Model 70 DBM–S Rifle Winchester Model 70 Featherweight Winchester Model 70 Featherweight Classic Winchester Model 70 Featherweight WinTuff Winchester Model 70 Lightweight Rifle Winchester Model 70 SM Sporter Winchester Model 70 Sporter Winchester Model 70 Sporter WinTuff Winchester Model 70 Stainless Rifle Winchester Model 70 Super Express Magnum Winchester Model 70 Super Grade Winchester Model 70 Synthetic Heavy Varmint Rifle Winchester Model 70 Varmint Winchester Ranger Rifle Centerfire Rifles—Single Shot Armsport 1866 Sharps Rifle, Carbine Ballard Arms Inc. 1875 #3 Gallery Single Shot Rifle Ballard Arms Inc. 1875 #4 Perfection Rifle Ballard Arms Inc. 1875 #7 Long Range Rifle Ballard Arms Inc. 1875 #8 Union Hill rifle Ballard Arms Inc. 1875 1 1/2 Hunter Rifle Ballard Arms Inc. 1885 High Wall Sporting Rifle Ballard Arms Inc. 1885 Low Wall Single Shot Brown Model 97D Single Shot Rifle Brown Model One Single Shot Rifle Browning Model 1885 Single Shot Rifle C. Sharps Arms 1875 Target & Sporting Rifle C. Sharps Arms Custom New Model 1877 C. Sharps Arms New Model 1885 High Wall Rifle C.Sharps Arms 1874 Bridgeport Sporting Rifle C.Sharps Arms 1875 Classic Sharps C.Sharps Arms New Model 1874 Old Reliable C.Sharps Arms New Model 1875 Rifle C.Sharps Arms New Model 1875 Target & Long Range Cabela's 1874 Sharps Sporting Cimarron Billy Dixon 1874 Sharps Cimarron Model 1885 High Wall Cimarron Quigley Model 1874 Sharps Cimarron Silhouette Model 1874 Sharps Dakota Model 10 Single Shot Rifle Dakota Single Shot Rifle Desert Industries G–90 Single Shot Rifle Dixie Gun Works 1873 Trapdoor Rifle/Carbine Dixie Gun Works 1874 Sharps Rifles Dixie Gun Works Remington Rolling Block Rifles EMF Premier 1874 Sharps Harrington & Richardson Buffalo Classic Rifle (CR–1871) Harrington & Richardson CR 45–LC Harrington & Richardson Handi-Mag Rifle Harrington & Richardson Handi-Rifle Harrington & Richardson Handi-Rifle Compact Harrington & Richardson New England Hand-Rifle/Slug Gun Combos Harrington & Richardson Stainless Handi-Rifle Harrington & Richardson Stainless Ultra Hunter Thumbhole Stock Harrington & Richardson Superlight Handi-Rifle Compact Harrington & Richardson Survivor Rifle Harrington & Richardson Synthetic Handi-Rifle Harrington & Richardson Ultra Hunter Rifle Harrington & Richardson Ultra Varmint Fluted Harrington & Richardson Ultra Varmint Rifle Harrington & Richardson Ultra Varmint Thumbhole Stock Krieghoff Hubertus Single Shot Meacham High Wall Merkel K1 Lightweight Stalking Rifle Merkel K2 Custom Stalking Rifle Model 1885 High Wall Rifle Navy Arms #2 Creedmoor Rifle Navy Arms 1873 John Bodine Rolling Black Rifle Navy Arms 1873 Springfield Cavalry Carbine Navy Arms 1874 Sharps Rifles Navy Arms 1874 1885 High Wall Rifles Navy Arms Rolling Block Buffalo Rifle Navy Arms Sharps “Quigley” Rifle Navy Arms Sharps Cavalry Carbine Navy Arms Sharps Plains Rifle New England Firearms Handi-Rifle New England Firearms Sportster/Versa Pack Rifle New England Firearms Survivor Rifle Red Willow Armory Ballard No. 1.5 Hunting Rifle Red Willow Armory Ballard No. 4.5 Target Rifle Red Willow Armory Ballard No. 5 Pacific Red Willow Armory Ballard No. 8 Union Hill Rifle Red Willow Armory Ballard Rifles Remington Model Rolling Block Rifles Remington Model SPR18 Blued Remington Model SPR18 Nickel Remington Model SPR18 Single Shot Rifle Remington-Style Rolling Block Carbine Rossi Match Pairs Rifles Rossi Single Shot Rifles Rossi Wizard Ruger No. 1 RSI International Ruger No. 1 Stainless Sporter Ruger No. 1 Stainless Standard Ruger No. 1A Light Sporter Ruger No. 1B Single Shot Ruger No. 1H Tropical Rifle Ruger No. 1S Medium Sporter Ruger No. 1V Special Varminter Sharps 1874 Old Reliable Shiloh 1875 Rifles Shiloh Sharps 1874 Business Rifle Shiloh Sharps 1874 Long Range Express Shiloh Sharps 1874 Military Carbine Shiloh Sharps 1874 Military Rifle Shiloh Sharps 1874 Montana Roughrider Shiloh Sharps Creedmoor Target Thompson/Center Contender Carbine Thompson/Center Contender Carbine Survival System Thompson/Center Contender Carbine Youth Model Thompson/Center Encore Thompson/Center Stainless Contender Carbine Thompson/Center TCR ’87 Single Shot Rifle Thompson/Encore Rifles Traditions 1874 Sharps Deluxe Rifle Traditions 1874 Sharps Standard Rifle Traditions Rolling Block Sporting Rifle Uberti (Stoeger Industries) Sharps Rifles Uberti 1871 Rolling Block Rifle/Carbine Uberti 1874 Sharps Sporting Rifle Uberti 1885 High Wall Rifles Uberti Rolling Block Baby Carbine Uberti Springfield Trapdoor Carbine/Rifle Drillings, Combination Guns, Double Rifles A. Zoli Rifle-Shotgun O/U Combo Auguste Francotte Boxlock Double Rifle Auguste Francotte Sidelock Double Rifles Baikal IZH–94 Express Baikal MP94– (IZH–94) O/U Beretta Express SSO O/U Double Rifles Beretta Model 455 SxS Express Rifle Chapuis RGExpress Double Rifle CZ 584 SOLO Combination Gun CZ 589 Stopper O/U Gun Dakota Double Rifle Garbi Express Double Rifle Harrington & Richardson Survivor Harrington & Richardson Synthetic Handi-Rifle/Slug Gun Combo Heym Model 55B O/U Double Rifle Heym Model 55FW O/U Combo Gun Heym Model 88b Side-by-Side Double Rifle Hoenig Rotary Round Action Combination Rifle Hoenig Rotary Round Action Double Rifle Kodiak Mk. IV Double Rifle Kreighoff Teck O/U Combination Gun Kreighoff Trumpf Drilling Krieghoff Drillings Lebeau-Courally Express Rifle 5X5 Merkel Boxlock Double Rifles Merkel Drillings Merkel Model 160 Side-by-Side Double Rifles Merkel Over/Under Combination Guns Merkel Over/Under Double Rifles Remington Model SPR94 .410/Rimfire Remington Model SPR94 12 Gauge/Centerfire Rizzini Express 90L Double Rifle Savage 24F O/U Combination Gun Savage 24F–12T Turkey Gun Springfield Inc. M6 Scout Rifle/Shotgun Tikka Model 412s Combination Gun Tikka Model 412S Double Fire Rimfire Rifles—Autoloaders AMT Lightning 25/22 Rifle AMT Lightning Small-Game Hunting Rifle II AMT Magnum Hunter Auto Rifle Anschutz 525 Deluxe Auto Armscor Model 20P Auto Rifle Browning Auto .22 Rifles Browning Auto–22 Rifle Browning Auto–22 Grade VI Browning BAR .22 Auto Rifle Browning SA–22 Semi-Auto 22 Rifle Henry U.S. Survival .22 Henry U.S. Survival Rifle AR–7 Krico Model 260 Auto Rifle Lakefield Arms Model 64B Auto Rifle Marlin Model 60 Self Loading Rifles Marlin Model 60C Marlin Model 60SB Marlin Model 60S–CF Marlin Model 60SN Marlin Model 60ss Self-Loading Rifle Marlin Model 70 Auto-loading Rifles Marlin Model 70 HC Auto Marlin Model 70P Papoose Marlin Model 70PSS Marlin Model 795 Marlin Model 795SS Marlin Model 922 Magnum Self-Loading Rifle Marlin Model 990l Self-Loading Rifle Marlin Model 995 Self-Loading Rifle Mossberg 702 Plinkster Norinco Model 22 ATD Rifle Remington 552BDL Speedmaster Rifle Remington Model 522 Viper Autoloading Rifle Remington Model 597 Blaze Camo Remington Model 597 Pink Camo Remington Model 597 Synthetic Scope Combo Ruger 10/22 Autoloading Carbine (w/o folding stock) Ruger 10/22 Compact Ruger 10/22 Sporter Ruger 10/22 Target Survival Arms AR–7 Explorer Rifle Texas Remington Revolving Carbine Thompson/Center R–55 All-Weather Thompson/Center R–55 Benchmark Thompson/Center R–55 Classic Thompson/Center R–55 Rifles Thompson/Center R–55 Sporter Voere Model 2115 Auto Rifle Rimfire Rifles—Lever & Slide Action Browning BL–22 Lever-Action Rifle Henry .22 Lever Action Rifles, All Models Henry Golden Boy .17 HMR Henry Golden Boy .22 Henry Golden Boy .22 Magnum Henry Golden Boy Deluxe Henry Lever .22 Magnum Henry Lever Action .22 Henry Lever Carbine .22 Henry Lever Octagon .22 Henry Lever Octagon .22 Magnum Henry Lever Youth Model .22 Henry Pump Action Octagon .22 Henry Pump Action Octagon .22 Magnum Henry Varmint Express .17 HMR Marlin 39TDS Carbine Marlin Model 39A Golden Lever Action Marlin Model 39AS Golden Lever-Action Rifle Mossberg Model 464 Rimfire Lever Action Rifle Norinco EM–321 Pump Rifle Remington 572BDL Fieldmaster Pump Rifle Rossi Model 62 SA Pump Rifle Rossi Model 62 SAC Carbine Rossi Model G2 Gallery Rifle Ruger Model 96 Lever-Action Rifle Taurus Model 62- Pump Taurus Model 72 Pump Rifle Winchester Model 9422 Lever-Action Rifle Winchester Model 9422 Magnum Lever-Action Rifle Rimfire Rifles—Bolt Actions & Single Shots Anschutz 1416D/1516D Classic Rifles Anschutz 1418D/1518D Mannlicher Rifles Anschutz 1700 FWT Bolt-Action Rifle Anschutz 1700D Bavarian Bolt-Action Rifle Anschutz 1700D Classic Rifles Anschutz 1700D Custom Rifles Anschutz 1700D Graphite Custom Rifle Anschutz 1702 D H B Classic Anschutz 1713 Silhouette Anschutz Achiever Anschutz Achiever Bolt-Action Rifle Anschutz All other Bolt Action Rimfire Models Anschutz Kadett Anschutz Model 1502 D Classic Anschutz Model 1517 D Classic Anschutz Model 1517 MPR Multi Purpose Anschutz Model 1517 S–BR Anschutz Model 1710 D KL Anschutz Model 1717 Classic Anschutz Model 1717 Silhouette Sporter Anschutz Model G4 MPB Anschutz Model Woodchucker Armscor Model 14P Bolt-Action Rifle Armscor Model 1500 Rifle Beeman/HW 60–J–ST Bolt-Action Rifle BRNO ZKM 452 Deluxe BRNO ZKM–456 Lux Sporter BRNO ZKM–452 Deluxe Bolt-Action Rifle Browning A-Bolt 22 Bolt-Action Rifle Browning A-Bolt Gold Medallion Browning T-Bolt Rimfire Rifles Cabanas Espronceda IV Bolt-Action Rifle Cabanas Leyre Bolt-Action Rifle Cabanas Master Bolt-Action Rifle Cabanas Phaser Rifle Chipmunk Single Shot Rifle Cooper Arms Model 36S Sporter Rifle Cooper Model 57–M Bolt Action Rifle CZ 452 Bolt Action Rifles Dakota 22 Sporter Bolt-Action Rifle Davey Crickett Single Shot Rifle Harrington & Richardson Sportster Harrington & Richardson Sportster 17 Hornady Magnum Rimfire Harrington & Richardson Sportster Compact Henry Mini Bolt Action Rifle Henry Acu-Bolt .22 Henry Mini Bolt Youth .22 Kimber Bolt Action .22 Rifles Krico Model 300 Bolt-Action Rifles Lakefield Arms Mark I Bolt-Action Rifle Lakefield Arms Mark II Bolt-Action Rifle Magtech Model MT Bolt Action Rifle Magtech Model MT–22C Bolt-Action Rifle Marlin Model 15YN Little Buckaroo Marlin Model 25MN Bolt-Action Rifle Marlin Model 25N Bolt-Action Repeater Marlin Model 880 Bolt-Action Rifle Marlin Model 881 Bolt-Action Rifle Marlin Model 882 Bolt-Action Rifle Marlin Model 883 Bolt-Action Rifle Marlin Model 883SS Bolt-Action Rifle Marlin Model 915 YN Little Buckaroo Marlin Model 915Y (Compact) Marlin Model 915YS (Compact) Marlin Model 917 Marlin Model 917S Marlin Model 917V Marlin Model 917VR Marlin Model 917VS Marlin Model 917VS–CF Marlin Model 917VSF Marlin Model 917VST Marlin Model 917VT Marlin Model 925 Marlin Model 925C Marlin Model 925M Marlin Model 925R Marlin Model 925RM Marlin Model 980S Marlin Model 980S–CF Marlin Model 981T Marlin Model 982 Bolt Action Rifle Marlin Model 982VS Marlin Model 982VS–CF Marlin Model 983 Marlin Model 983S Marlin Model 983T Marlin Model XT–17 Series Bolt Action Rifles Marlin Model XT–22 Series Bolt Action Rifles Mauser Model 107 Bolt-Action Rifle Mauser Model 201 Bolt-Action Rifle Meacham Low-Wall Rifle Mossberg Model 801/802 Bolt Rifles Mossberg Model 817 Varmint Bolt Action Rifle Navy Arms TU–33/40 Carbine Navy Arms TU–KKW Sniper Trainer Navy Arms TU–KKW Training Rifle New England Firearms Sportster Single Shot Rifles Norinco JW–15 Bolt-Action Rifle Norinco JW–27 Bolt-Action Rifle Remington 40–XR Rimfire Custom Sporter Remington 541–T Remington 541–T HB Bolt-Action Rifle Remington 581–S Sportsman Rifle Remington Model Five Remington Model Five Youth Rossi Matched Pair Single Shot Rifle Ruger 77/17 Ruger 77/22 Ruger 77/22 Rimfire Bolt-Action Rifle Ruger 77/44 Ruger K77/22 Varmint Rifle Savage CUB T Mini Youth Savage Mark I–G Bolt Action Savage Mark II Bolt Action Rifles Savage Model 30 G Stevens Favorite Savage Model 93 Rifles Thompson/Center Hotshot Youth Rifle Ultra Light Arms Model 20 RF Bolt-Action Rifle Winchester Model 52B Sporting Rifle Winchester Wildcat Bolt Action Rifle 22 Competition Rifles—Centerfire & Rimfire Anschutz 1803D Intermediate Match Anschutz 1808D RT Super Match 54 Target Anschutz 1827B Biathlon Rifle Anschutz 1827BT Fortner Biathlon Rifle Anschutz 1903 Rifles Anschutz 1903D Match Rifle Anschutz 1907 Match Rifle Anschutz 1910 Super Match II Anschutz 1911 Match Rifle Anschutz 1912 Rifles Anschutz 1913 Super Match Rifle Anschutz 54.18MS REP Deluxe Silhouette Rifle Anschutz 54.18MS Silhouette Rifle Anschutz 64 MP R Silhouette Rifle Anschutz 64–MS Left Silhouette Anschutz Super Match 54 Target Model 2007 Anschutz Super Match 54 Target Model 2013 Beeman/Feinwerkbau 2600 Target Rifle Cooper Arms Model TRP–1 ISU Standard Rifle E.A.A./HW 60 Target Rifle E.A.A./HW 660 Match Rifle E.A.A./Weihrauch HW 60 Target Rifle Ed Brown Model 704, M40A2 Marine Sniper Finnish Lion Standard Target Rifle Krico Model 360 S2 Biathlon Rifle Krico Model 360S Biathlon Rifle Krico Model 400 Match Rifle Krico Model 500 Kricotronic Match Rifle Krico Model 600 Match Rifle Krico Model 600 Sniper Rifle Lakefield Arms Model 90B Target Rifle Lakefield Arms Model 91T Target Rifle Lakefield Arms Model 92S Silhouette Rifle Marlin Model 2000 Target Rifle Mauser Model 86–SR Specialty Rifle McMillan 300 Phoenix Long Range Rifle McMillan Long Range Rifle McMillan M–86 Sniper Rifle McMillan M–89 Sniper Rifle McMillan National Match Rifle Parker-Hale M–85 Sniper Rifle Parker-Hale M–87 Target Rifle Remington 40–X Bolt Action Rifles Remington 40–XB Rangemaster Target Centerfire Remington 40–XBBR KS Remington 40–XC KS National Match Course Rifle Remington 40–XR KS Rimfire Position Rifle Sako TRG–21 Bolt-Action Rifle Sako TRG–22 Bolt Action Rifle Springfield Armory M–1 Garand Steyr-Mannlicher SSG Rifles Steyr-Mannlicher Match SPG–UIT Rifle Steyr-Mannlicher SSG P–I Rifle Steyr-Mannlicher SSG P–II Rifle Steyr-Mannlicher SSG P–III Rifle Steyr-Mannlicher SSG P–IV Rifle Tanner 300 Meter Free Rifle Tanner 50 Meter Free Rifle Tanner Standard UIT Rifle Time Precision 22RF Bench Rifle Wichita Silhouette Rifle Shotguns—Autoloaders American Arms American Arms/Franchi Black Magic 48/AL Benelli Bimillionaire Benelli Black Eagle Competition Auto Shotgun Benelli Cordoba Benelli Executive Series Benelli Legacy Model Benelli M1 Benelli M1 Defense Benelli M1 Tactical Benelli M1014 Limited Edition Benelli M2 Benelli M2 Field Steady Grip Benelli M2 Practical Benelli M2 Tactical Benelli M2 American Series Benelli M3 Convertible Benelli M4 Models Vinci Steady Grip Benelli Montefeltro Super 90 20–Gauge Shotgun Benelli Montefeltro Super 90 Shotgun Benelli Raffaello Series Shotguns Benelli Sport Model Benelli Super 90 M1 Field Model Benelli Super Black Eagle II Models Benelli Super Black Eagle II Steady Grip Benelli Super Black Eagle Models Benelli Super Black Eagle Shotgun Benelli Super Black Eagle Slug Gun Benelli Super Vinci Benelli Supersport Benelli Two-Gun Sets Benelli Ultralight Benelli Vinci Beretta 390 Field Auto Shotgun Beretta 390 Super Trap, Super Skeet Shotguns Beretta 3901 Citizen Beretta 3901 Rifled Slug Gun Beretta 3901 Statesman Beretta A–303 Auto Shotgun Beretta A400 Series Beretta AL–2 Models Beretta AL–3 Deluxe Trap Beretta AL390 Series Beretta AL391 Teknys Gold Beretta AL391 Teknys Gold Sporting Beretta AL391 Teknys Gold Target Beretta AL391 Urika 2 Camo AP Beretta AL391 Urika 2 Camo Max–4 Beretta AL391 Urika 2 Classic Beretta AL391 Urika 2 Gold Beretta AL391 Urika 2 Gold Sporting Beretta AL391 Urika 2 Parallel Target SL Beretta AL391 Urika 2 Sporting Beretta AL391 Urika 2 Synthetic Beretta ES100 Pintail Series Beretta Model 1200 Field Beretta Model 1201F Auto Shotgun Beretta Model 300 Beretta Model 301 Series Beretta Model 302 Series Beretta Model 60 Beretta Model 61 Beretta Model A304 Lark Beretta Model AL391 Series Beretta Model TX4 Storm Beretta Silver Lark Beretta UGB25 Xcel Beretta Vittoria Auto Shotgun Beretta Xtrema2 Breda Altair Breda Altair Special Breda Aries 2 Breda Astro Breda Astrolux Breda Echo Breda Ermes Series Breda Gold Series Breda Grizzly Breda Mira Breda Standard Series Breda Xanthos Brolin BL–12 Brolin SAS–12 Browning A–500G Auto Shotgun Browning A–500G Sporting Clays Browning A–500R Auto Shotgun Browning Auto–5 Light 12 and 20 Browning Auto–5 Magnum 12 Browning Auto–5 Magnum 20 Browning Auto–5 Stalker Browning B2000 Series Browning BSA 10 Auto Shotgun Browning BSA 10 Stalker Auto Shotgun Browning Gold Series Browning Maxus Series Charles Daly Field Grade Series Charles Daly Novamatic Series Charles Daly Tactical Churchill Regent Churchill Standard Model Churchill Turkey Automatic Shotgun Churchill Windsor Cosmi Automatic Shotgun CZ 712 CZ 720 CZ 912 Escort Escort Series European American Armory (EAA) Bundra Series Fabarms Ellegi Series Fabarms Lion Series Fabarms Tactical FNH USA Model SLP Franchi 610VS Franchi 612 Series Franchi 620 Franchi 712 Franchi 720 Franchi 912 Franchi AL 48 Franchi AL 48 Series Franchi Elite Franchi I–12 Inertia Series Franchi Prestige H&K Model 512 H&R Manufrance H&R Model 403 Hi-Standard 10A Hi-Standard 10B Hi-Standard Semi Automatic Model Hi-Standard Supermatic Series Ithaca Mag–10 Ithaca Model 51 Series LaSalle Semi-automatic Ljutic Bi-matic Autoloader Luger Ultra-light Model Marlin SI 12 Series Maverick Model 60 Auto Shotgun Model AL–1 Mossberg 1000 Mossberg Model 600 Auto Shotgun Mossberg Model 930 All-Purpose Field Mossberg Model 930 Slugster Mossberg Model 930 Turkey Mossberg Model 930 Waterfowl Mossberg Model 935 Magnum Combos Mossberg Model 935 Magnum Flyway Series Waterfowl Mossberg Model 935 Magnum Grand Slam Series Turkey Mossberg Model 935 Magnum Turkey Mossberg Model 935 Magnum Waterfowl New England Firearms Excell Auto Combo New England Firearms Excell Auto Synthetic New England Firearms Excell Auto Turkey New England Firearms Excell Auto Walnut New England Firearms Excell Auto Waterfowl Nighthawk Tactical Semi-auto Ottomanguns Sultan Series Remington 105Ti Series Remington 1100 20–Gauge Deer Gun Remington 1100 LT–20 Auto Remington 1100 LT–20 Tournament Skeet Remington 1100 Special Field Remington 11–48 Series Remington 11–96 Series Remington Model 105 Cti Remington Model 11 Series Remington Model 1100 Classic Trap Remington Model 1100 Competition Remington Model 1100 G3 Remington Model 1100 G3 Remington Model 1100 Series Remington Model 1100 Shotgun Remington Model 1100 Sporting Series Remington Model 11–87 Sportsman Camo Remington Model 11–87 Sportsman Super Mag Synthetic Remington Model 11–87 Sportsman Super Mag Waterfowl Remington Model 11–87 Sportsman Synthetic Remington Model 11–87 Sportsman Youth Remington Model 11–87 Sportsman Youth Synthetic Remington Model 48 Series Remington Model 58 Series Remington Model 870 Classic Trap Remington Model 878A Automaster Remington Model SP–10 Magnum Satin Remington Model SP–10 Waterfowl Remington Model SPR453 Remington Versa-Max Series Savage Model 720 Savage Model 726 Savage Model 740C Skeet Gun Savage Model 745 Savage Model 755 Series Savage Model 775 Series Scattergun Technologies K–9 Scattergun Technologies SWAT Scattergun Technologies Urban Sniper Model SKB 1300 Upland SKB 1900 SKB 300 Series SKB 900 Series SKS 3000 Smith & Wesson Model 1000 Smith & Wesson Model 1012 Series Spartan Gun Works SPR453 TOZ Model H–170 Tri-Star Diana Series Tri-Star Phantom Series Tri-Star Viper Series Tula Arms Plant TOZ 87 Verona 401 Series Verona 405 Series Verona 406 Series Verona SX801 Series Weatherby Centurion Series Weatherby Field Grade Weatherby Model 82 Weatherby SA–08 Series Weatherby SA–459 TR Weatherby SAS Series Winchester 1500 Winchester Model 50 Winchester Model 59 Winchester Super X1 Series Winchester Super X2 Series Winchester Super X3 Series Shotguns—Slide Actions ADCO Diamond Grade ADCO Diamond Series Shotguns ADCO Mariner Model ADCO Sales Inc. Gold Elite Series Armscor M–30 Series Armscor M–5 Baikal IZH–81 Baikal MP133 Benelli Nova Series Benelli Supernova Series Beretta Ariete Standard Beretta Gold Pigeon Pump Beretta Model SL–12 Beretta Ruby Pigeon Pump Beretta Silver Pigeon Pump Brolin Field Series Brolin Lawman Model Brolin Slug Special Brolin Slugmaster Brolin Turkey Master Browning BPS Game Gun Deer Special Browning BPS Game Gun Turkey Special Browning BPS Pigeon Grade Pump Shotgun Browning BPS Pump Shotgun Browning BPS Pump Shotgun (Ladies and Youth Model) Browning BPS Series Pump Shotgun Browning BPS Stalker Pump Shotgun Browning Model 12 Limited Edition Series Browning Model 42 Pump Shotgun Century IJ12 Slide Action Century Ultra 87 Slide Action Charles Daly Field Hunter Ducks Unlimited Dinner Guns EAA Model PM2 Escort Field Series Fort Worth Firearms GL18 H&R Pardner Pump Hi-Standard Flite-King Series Hi-Standard Model 200 Interstate Arms Model 981 Interstate Arms Model 982T Ithaca Deerslayer II Rifled Shotgun Ithaca Model 87 Deerslayer Shotgun Ithaca Model 87 Deluxe Pump Shotgun Ithaca Model 87 Series Shotguns Ithaca Model 87 Supreme Pump Shotgun Ithaca Model 87 Turkey Gun Magtech Model 586–VR Pump Shotgun Maverick Models 88, 91 Pump Shotguns Mossberg 200 Series Shotgun Mossberg 3000 Pump shotgun Mossberg 535 ATS Series Pump Shotguns Mossberg Field Grade Model 835 Pump Shotgun Mossberg Model 500 All Purpose Field Mossberg Model 500 Bantam Mossberg Model 500 Bantam Combo Mossberg Model 500 Bantam Pump Mossberg Model 500 Camo Pump Mossberg Model 500 Combos Mossberg Model 500 Flyway Series Waterfowl Mossberg Model 500 Grand Slam Series Turkey Mossberg Model 500 Muzzleloader Mossberg Model 500 Muzzleloader Combo Mossberg Model 500 Series Pump Shotguns Mossberg Model 500 Slugster Mossberg Model 500 Sporting Pump Mossberg Model 500 Super Bantam All Purpose Field Mossberg Model 500 Super Bantam Combo Mossberg Model 500 Super Bantam Slug Mossberg Model 500 Super Bantam Turkey Mossberg Model 500 Trophy Slugster Mossberg Model 500 Turkey Mossberg Model 500 Waterfowl Mossberg Model 505 Series Pump Shotguns Mossberg Model 505 Youth All Purpose Field Mossberg Model 535 ATS All Purpose Field Mossberg Model 535 ATS Combos Mossberg Model 535 ATS Slugster Mossberg Model 535 ATS Turkey Mossberg Model 535 ATS Waterfowl Mossberg Model 835 Regal Ulti-Mag Pump Mossberg Model 835 Series Pump Shotguns Mossberg Model 835 Ulti-Mag Mossberg Turkey Model 500 Pump National Wild Turkey Federation (NWTF) Banquet/Guns of the Year New England Firearms Pardner Pump Combo New England Firearms Pardner Pump Field New England Firearms Pardner Pump Slug Gun New England Firearms Pardner Pump Synthetic New England Firearms Pardner Pump Turkey Gun New England Firearms Pardner Pump Walnut New England Firearms Pardner Pump-Compact Field New England Firearms Pardner Pump-Compact Synthetic New England Firearms Pardner Pump-Compact Walnut Norinco Model 98 Field Series Norinco Model 983 Norinco Model 984 Norinco Model 985 Norinco Model 987 Orvis Grand Vazir Series Quail Unlimited Limited Edition Pump Shotguns Remington 870 Express Remington 870 Express Rifle Sighted Deer Gun Remington 870 Express Series Pump Shotguns Remington 870 Express Turkey Remington 870 High Grade Series Remington 870 High Grades Remington 870 Marine Magnum Remington 870 Special Field Remington 870 Special Purpose Deer Gun Remington 870 Special Purpose Synthetic Camo Remington 870 SPS Special Purpose Magnum Remington 870 SPS–BG–Camo Deer/Turkey Shotgun Remington 870 SPS–Deer Shotgun Remington 870 SPS–T Camo Pump Shotgun Remington 870 TC Trap Remington 870 Wingmaster Remington 870 Wingmaster Series Remington 870 Wingmaster Small Gauges Remington Model 11–87 XCS Super Magnum Waterfowl Remington Model 870 Ducks Unlimited Series Dinner Pump Shotguns Remington Model 870 Express Remington Model 870 Express JR. Remington Model 870 Express Shurshot Synthetic Cantilever Remington Model 870 Express Super Magnum Remington Model 870 Express Synthetic Remington Model 870 Express Youth Gun Remington Model 870 Express Youth Synthetic Remington Model 870 SPS Shurshot Synthetic Cantilever Remington Model 870 SPS Shurshot Synthetic Turkey Remington Model 870 SPS Special Purpose Magnum Series Pump Shotguns Remington Model 870 SPS Super Mag Max Gobbler Remington Model 870 XCS Marine Magnum Remington Model 870 XCS Super Magnum Winchester 12 Commercial Riot Gun Winchester 97 Commercial Riot Gun Winchester Model 12 Pump Shotgun Winchester Model 120 Ranger Winchester Model 1200 Series Shotgun Winchester Model 1300 Ranger Pump Gun Winchester Model 1300 Ranger Pump Gun Combo & Deer Gun Winchester Model 1300 Series Shotgun Winchester Model 1300 Slug Hunter Deer Gun Winchester Model 1300 Turkey Gun Winchester Model 1300 Walnut Pump Winchester Model 42 High Grade Shotgun Winchester Speed Pump Defender Winchester SXP Series Pump Shotgun Zoli Pump Action Shotgun Shotguns—Over/Unders ADCO Sales Diamond Series Shotguns American Arms/Franchi Falconet 2000 O/U American Arms Lince American Arms Silver I O/U American Arms Silver II Shotgun American Arms Silver Skeet O/U American Arms Silver Sporting O/U American Arms Silver Trap O/U American Arms WS/OU 12, TS/OU 12 Shotguns American Arms WT/OU 10 Shotgun American Arms/Franchi Sporting 2000 O/U Armsport 2700 O/U Goose Gun Armsport 2700 Series O/U Armsport 2900 Tri-Barrel Shotgun AYA Augusta AYA Coral A AYA Coral B AYA Excelsior AYA Model 37 Super AYA Model 77 AYA Model 79 Series Baby Bretton Over/Under Shotgun Baikal IZH27 Baikal MP310 Baikal MP333 Baikal MP94 Beretta 90 DE LUXE Beretta 682 Gold E Skeet Beretta 682 Gold E Trap Beretta 682 Gold E Trap Bottom Single Beretta 682 Series Beretta 682 Super Sporting O/U Beretta 685 Series Beretta 686 Series Beretta 686 White Onyx Beretta 686 White Onyx Sporting Beretta 687 EELL Classic Beretta 687 EELL Diamond Pigeon Beretta 687 EELL Diamond Pigeon Sporting Beretta 687 series Beretta 687EL Sporting O/U Beretta Alpha Series Beretta America Standard Beretta AS Beretta ASE 90 Competition O/U Shotgun Beretta ASE 90 Gold Skeet Beretta ASE Gold Beretta ASE Series Beretta ASEL Beretta BL Sereis Beretta DT10 Series Beretta DT10 Trident EELL Beretta DT10 Trident L Sporting Beretta DT10 Trident Skeet Beretta DT10 Trident Sporting Beretta DT10 Trident Trap Combo Beretta Europa Beretta Field Shotguns Beretta Gamma Series Beretta Giubileo Beretta Grade Four Beretta Grade One Beretta Grade Three Beretta Grade Two Beretta Milano Beretta Model 686 Ultralight O/U Beretta Model SO5, SO6, SO9 Shotguns Beretta Onyx Hunter Sport O/U Shotgun Beretta Over/Under Field Shotguns Beretta Royal Pigeon Beretta S56 Series Beretta S58 Series Beretta Series 682 Competition Over/Unders Beretta Silver Pigeon II Beretta Silver Pigeon II Sporting Beretta Silver Pigeon III Beretta Silver Pigeon III Sporting Beretta Silver Pigeon IV Beretta Silver Pigeon S Beretta Silver Pigeon V Beretta Silver Snipe Beretta Skeet Set Beretta SO–1 Beretta SO–2 Beretta SO–3 Beretta SO–4 Beretta SO5 Beretta SO6 EELL Beretta SO–10 Beretta SO10 EELL Beretta Sporting Clay Shotguns Beretta SV10 Perennia Beretta Ultralight Beretta Ultralight Deluxe Bertuzzi Zeus Bertuzzi Zeus Series Beschi Boxlock Model Big Bear Arms IJ–39 Big Bear Arms Sterling Series Big Bear IJ–27 Blaser F3 Series Bosis Challenger Titanium Bosis Laura Bosis Michaelangelo Bosis Wild Series Boss Custom Over/Under Shotguns Boss Merlin Boss Pendragon Breda Pegaso Series Breda Sirio Standard Breda Vega Series Bretton Baby Standard Bretton Sprint Deluxe BRNO 500/501 BRNO 502 BRNO 801 Series BRNO 802 Series BRNO BS–571 BRNO BS–572 BRNO ZH–300 BRNO ZH–301 BRNO ZH–302 BRNO ZH–303 Browning 325 Sporting Clays Browning 625 Series Browning 725 Series Browning B–25 Series Browning B–26 Series Browning B–27 Series Browning B–125 Custom Shop Series Browning Citori 525 Series Browning Citori GTI Sporting Clays Browning Citori Lightning Series Browning Citori O/U Shotgun Browning Citori O/U Skeet Models Browning Citori O/U Trap Models Browning Citori Plus Trap Combo Browning Citori Plus Trap Gun Browning Cynergy Series Browning Diana Grade Browning Lightning Sporting Clays Browning Micro Citori Lightning Browning Midas Grade Browning Special Sporting Clays Browning Sporter Model Browning ST–100 Browning Superlight Citori Over/Under Browning Superlight Citori Series Browning Superlight Feather Browning Superposed Pigeon Grade Browning Superposed Standard BSA Falcon BSA O/U BSA Silver Eagle Cabela’s Volo Caprinus Sweden Model Centurion Over/Under Shotgun Century Arms Arthemis Chapuis Over/Under Shotgun Charles Daly Country Squire Model Charles Daly Deluxe Model Charles Daly Diamond Series Charles Daly Empire Series Charles Daly Field Grade O/U Charles Daly Lux Over/Under Charles Daly Maxi-Mag Charles Daly Model 105 Charles Daly Model 106 Charles Daly Model 206 Charles Daly Over/Under Shotguns, Japanese Manufactured Charles Daly Over/Under Shotguns, Prussian Manufactured Charles Daly Presentation Model Charles Daly Sporting Clays Model Charles Daly Superior Model Charles Daly UL Churchill Imperial Model Churchill Monarch Churchill Premiere Model Churchill Regent Trap and Skeet Churchill Regent V Churchill Sporting Clays Churchill Windsor III Churchill Windsor IV Classic Doubles Model 101 Series Cogswell & Harrison Woodward Type Connecticut Shotgun Company A. Galazan Model Connecticut Shotgun Company A–10 American Connecticut Valley Classics Classic Field Waterfowler Connecticut Valley Classics Classic Sporter O/U Continental Arms Centaure Series Cortona Over/Under Shotguns CZ 581 Solo CZ Canvasback 103D CZ Limited Edition CZ Mallard 104A CZ Redhead Deluxe 103FE CZ Sporting CZ Super Scroll Limited Edition CZ Upland Ultralight CZ Wingshooter Dakin Arms Model 170 Darne SB1 Darne SB2 Darne SB3 Depar ATAK Doumoulin Superposed Express Ducks Unlimited Dinner Guns / Guns of the Year, Over/ Under Models Dumoulin Boss Royal Superposed E.A.A, Falcon E.A.A. Scirocco Series E.A.A./Sabatti Falcon-Mon Over/Under E.A.A./Sabatti Sporting Clays Pro-Gold O/U ERA Over/Under Famars di Abbiatico & Salvinelli Aries Famars di Abbiatico & Salvinelli Castrone Famars di Abbiatico & Salvinelli Dove Gun Famars di Abbiatico & Salvinelli Excaliber Series Famars di Abbiatico & Salvinelli Jorema Famars di Abbiatico & Salvinelli Leonardo Famars di Abbiatico & Salvinelli Pegasus Famars di Abbiatico & Salvinelli Posiden Famars di Abbiatico & Salvinelli Quail Gun Famars di Abbiatico & Salvinelli Royal Famars di Abbiatico & Salvinelli Royale Fausti Boutique Series Fausti Caledon Series Fausti Class Series Ferlib Boss Model Finnclassic 512 Series Franchi 2004 Trap Franchi 2005 Combination Trap Franchi Alcione Series Franchi Aristocrat Series Franchi Black Majic Franchi Falconet Series Franchi Instict Series Franchi Model 2003 Trap Franchi Renaissance Series Franchi Sporting 2000 Franchi Undergun Model 3000 Franchi Veloce Series Galef Golden Snipe Galef Silver Snipe Golden Eagle Model 5000 Series Griffon & Howe Black Ram Griffon & Howe Broadway Griffon & Howe Claremont Griffon & Howe Madison Griffon & Howe Silver Ram Griffon & Howe Superbrite Guerini Apex Series Guerini Challenger Sporting Guerini Ellipse Evo Guerini Ellipse Evolution Sporting Guerini Ellipse Limited Guerini Essex Field Guerini Flyaway Guerini Forum Series Guerini Magnus Series Guerini Maxum Series Guerini Summit Series Guerini Tempio Guerini Woodlander H&R Harrich #1 H&R Model 1212 H&R Model 1212WF H&R Pinnacle Hatfields Hatfield Model 1 of 100 Heym Model 55 F Heym Model 55 SS Heym Model 200 Holland & Holland Royal Series Holland & Holland Sporting Model IGA 2000 Series IGA Hunter Series IGA Trap Series IGA Turkey Series IGA Waterfowl Series K.F.C E–2 Trap/Skeet K.F.C. Field Gun Kassnar Grade I O/U Shotgun KDF Condor Khan Arthemis Field/Deluxe Kimber Augusta Series Kimber Marias Series Krieghoff K–80 Four-Barrel Skeet Set Krieghoff K–80 International Skeet Krieghoff K–80 O/U Trap Shotgun Krieghoff K–80 Skeet Shotgun Krieghoff K–80 Sporting Clays O/U Krieghoff K–80/RT Shotguns Krieghoff Model 20 Sporting/Field Krieghoff Model 32 Series Lames Field Model Lames Skeet Model Lames Standard Model Lames California Model Laurona Model 67 Laurona Model 82 Series Laurona Model 83 Series Laurona Model 84 Series Laurona Model 85 Series Laurona Model 300 Series Laurona Silhouette 300 Sporting Clays Laurona Silhouette 300 Trap Laurona Super Model Over/Unders Lebeau Baron Series Lebeau Boss Verres Lebeau Boxlock with sideplates Lebeau Sidelock Lebeau Versailles Lippard Custom Over/Under Shotguns Ljutic LM–6 Deluxe O/U Shotgun Longthorne Hesketh Game Gun Longthorne Sporter Marlin Model 90 Marocchi Avanza O/U Shotgun Marocchi Conquista Over/Under Shotgun Marocchi Conquista Series Marocchi Model 100 Marocchi Model 99 Maverick HS–12 Tactical Maverick Hunter Field Model McMillan Over/Under Sidelock Merkel 201 Series Merkel 2016 Series Merkel 2116 EL Sidelock Merkel 303EL Luxus Merkel Model 100 Merkel Model 101 Merkel Model 101E Merkel Model 200E O/U Shotgun Merkel Model 200E Skeet, Trap Over/Unders Merkel Model 200SC Sporting Clays Merkel Model 203E, 303E Over/Under Shotguns Merkel Model 204E Merkel Model 210 Merkel Model 301 Merkel Model 302 Merkel Model 304E Merkel Model 310E Merkel Model 400 Merkel Model 400E Merkel Model 2000 Series Mossberg Onyx Reserve Field Mossberg Onyx Reserve Sporting Mossberg Silver Reserve Field Mossberg Silver Reserve Series Mossberg Silver Reserve Sporting Norinco Type HL12–203 Omega Standard Over/Under Model Orvis Field Orvis Knockabout Orvis Premier Grade Orvis SKB Green Mountain Uplander Orvis Sporting Clays Orvis Super Field Orvis Uplander Orvis Waterfowler Pederson Model 1000 Series Pederson Model 1500 Series Perazzi Boxlock Action Hunting Perazzi Competition Series Perazzi Electrocibles Perazzi Granditalia Perazzi Mirage Special Four-Gauge Skeet Perazzi Mirage Special Skeet Over/Under Perazzi Mirage Special Sporting O/U Perazzi MS80 Perazzi MT–6 Perazzi MX1/MX2 Perazzi MX3 Perazzi MX4 Perazzi MX5 Perazzi MX6 Perazzi MX7 Over/Under Shotguns Perazzi MX8/20 Over/Under Shotgun Perazzi MX8/MX8 Special Trap, Skeet Perazzi MX9 Single Over/Under Shotguns Perazzi MX10 Perazzi MX11 Perazzi MX12 Hunting Over/Under Perazzi MX14 Perazzi MX16 Perazzi MX20 Hunting Over/Under Perazzi MX28, MX410 Game O/U Shotguns Perazzi MX2000 Perazzi MX2005 Perazzi MX2008 Perazzi Sidelock Action Hunting Perazzi Sporting Classic O/U Perugini Maestro Series Perugini Michelangelo Perugini Nova Boss Pietro Zanoletti Model 2000 Field O/U Piotti Boss Over/Under Shotgun Pointer Italian Model Pointer Turkish Model Remington 396 Series Remington 3200 Series Remington Model 32 Series Remington Model 300 Ideal Remington Model 332 Series Remington Model SPR310 Remington Model SPR310N Remington Model SPR310S Remington Peerless Over/Under Shotgun Remington Premier Field Remington Premier Ruffed Grouse Remington Premier Series Remington Premier STS Competition Remington Premier Upland Richland Arms Model 41 Richland Arms Model 747 Richland Arms Model 757 Richland Arms Model 787 Richland Arms Model 808 Richland Arms Model 810 Richland Arms Model 828 Rigby 401 Sidelock Rota Model 650 Rota Model 72 Series Royal American Model 100 Ruger Red Label O/U Shotgun Ruger Sporting Clays O/U Shotgun Ruger Woodside Shotgun Rutten Model RM 100 Rutten Model RM285 S.I.A.C.E. Evolution S.I.A.C.E. Model 66C S.I.A.C.E.600T Lusso EL San Marco 10–Ga. O/U Shotgun San Marco 12–Ga. Wildflower Shotgun San Marco Field Special O/U Shotgun Sauer Model 66 Series Savage Model 242 Savage Model 420/430 Sig Sauer Aurora Series Sig Sauer SA–3 Sig Sauer SA–5 Silma Model 70 Series SKB Model 85 Series SKB Model 500 Series SKB Model 505 Deluxe Over/Under Shotgun SKB Model 505 Series SKB Model 600 Series SKB Model 605 Series SKB Model 680 Series SKB Model 685 Over/Under Shotgun SKB Model 685 Series SKB Model 700 Series SKB Model 785 Series SKB Model 800 Series SKB Model 880 Series SKB Model 885 Over/Under Trap, Skeet, Sporting Clays SKB Model 885 Series SKB Model 5600 Series SKB Model 5700 Series SKB Model 5800 Series SKB Model GC–7 Series Spartan SPR310/320 Stevens Model 240 Stevens Model 512 Stoeger/IGA Condor I O/U Shotgun Stoeger/IGA ERA 2000 Over/Under Shotgun Techni-Mec Model 610 Over/Under Tikka Model 412S Field Grade Over/Under Traditions 350 Series Traditions Classic Field Series Traditions Classic Upland Series Traditions Gold Wing Series Traditions Real 16 Series Tri Star Model 330 Series Tri-Star Hunter EX Tri-Star Model 300 Tri-Star Model 333 Series Tri-Star Setter Model Tri-Star Silver Series Tri-Star Sporting Model TULA 120 TULA 200 TULA TOZ34 Universal 7112 Universal 7312 Universal 7412 Universal 7712 Universal 7812 Universal 7912 Verona 501 Series Verona 680 Series Verona 702 Series Verona LX692 Series Verona LX980 Series Weatherby Athena Grade IV O/U Shotguns Weatherby Athena Grade V Classic Field O/U Weatherby Athena Series Weatherby Classic Field Models Weatherby II, III Classic Field O/Us Weatherby Orion II Classic Sporting Clays O/U Weatherby Orion II series Weatherby Orion II Sporting Clays O/U Weatherby Orion III Series Weatherby Orion O/U Shotguns Winchester Model 91 Winchester Model 96 Winchester Model 99 Winchester Model 101 All Models and Grades Winchester Model 1001 O/U Shotgun Winchester Model 1001 Series Winchester Model 1001 Sporting Clays O/U Winchester Model G5500 Winchester Model G6500 Winchester Select Series Zoli Condor Zoli Deluxe Model Zoli Dove Zoli Field Special Zoli Pigeon Model Zoli Silver Snipe Zoli Snipe Zoli Special Model Zoli Target Series Zoli Texas Zoli Z Series Zoli Z–90 Series Zoli Z-Sport Series Shotguns—Side by Sides Armas Azor Sidelock Model ADCO Sales Diamond Series Shotguns American Arms Brittany Shotgun American Arms Derby Side-by-Side American Arms Gentry Double Shotgun American Arms Grulla #2 Double Shotgun American Arms TS/SS 10 Double Shotgun American Arms TS/SS 12 Side-by-Side American Arms WS/SS 10 Arizaga Model 31 Double Shotgun Armes de Chasse Sidelock and Boxlock Shotguns Armsport 1050 Series Double Shotguns Arrieta Sidelock Double Shotguns Auguste Francotte Boxlock Shotgun Auguste Francotte Sidelock Shotgun AYA Boxlock Shotguns AYA Sidelock Double Shotguns Baikal IZH–43 Series Shotguns Baikal MP210 Series Shotguns Baikal MP213 Series Shotguns Baikal MP220 Series Shotguns Baker Gun Sidelock Models Baltimore Arms Co. Style 1 Baltimore Arms Co. Style 2 Bayard Boxlock and Sidelock Model Shotguns Beretta 450 series Shotguns Beretta 451 Series Shotguns Beretta 452 Series Shotguns Beretta 470 Series Shotguns Beretta Custom Grade Shotguns Beretta Francia Standard Beretta Imperiale Montecarlo Beretta Model 452 Sidelock Shotgun Beretta Omega Standard Beretta Side-by-Side Field Shotguns Beretta Verona/Bergamo Bertuzzi Ariete Hammer Gun Bertuzzi Model Orione Bertuzzi Venere Series Shotguns Beschi Sidelock and Boxlock Models Bill Hanus Birdgun Doubles Bosis Country SxS Bosis Hammer Gun Bosis Queen Sidelock Boss Robertson SxS Boss SxS Boswell Boxlock Model Boswell Feartherweight Monarch Grade Boswell Merlin Sidelock Boswell Sidelock Model Breda Andromeda Special BRNO ZP Series Shotguns Brown SxS Shotgun Browning B–SS Browning B–SS Belgian/ Japanese Prototype Browning B–SS Sidelock Browning B–SS Sporter Bruchet Model A Bruchet Model B BSA Classic BSA Royal Cabela’s ATA Grade II Custom Cabela’s Hemingway Model Casartelli Sidelock Model Century Coach SxS Chapuis RGP Series Shotguns Chapuis RP Series Shotguns Chapuis Side-by-Side Shotgun Chapuis UGP Round Design SxS Charles Daly 1974 Wildlife Commemorative Charles Daly Classic Coach Gun Charles Daly Diamond SxS Charles Daly Empire SxS Charles Daly Model 306 Charles Daly Model 500 Charles Daly Model Dss Double Charles Daly Superior SxS Churchill Continental Series Shotguns Churchill Crown Model Churchill Field Model Churchill Hercules Model Churchill Imperial Model Churchill Premiere Series Shotguns Churchill Regal Model Churchill Royal Model Churchill Windsor Series Shotguns Cimarron Coach Guns Classic Doubles Model 201 Classic Clot 1878 Hammer Shotgun Cogswell & Harrison Sidelock and Boxlock Shotguns Colt 1883 Hammerless Colt SxS Shotgun Connecticut Shotgun Co. Model 21 Connecticut Shotgun Co. RBL Series Continental Arms Centaure Crescent SxS Model Crucelegui Hermanos Model 150 Double CZ Amarillo CZ Bobwhite CZ Competition CZ Deluxe CZ Durango CZ Grouse CZ Hammer Models CZ Partridge CZ Ringneck CZ Ringneck Target Dakin Model 100 Dakin Model 147 Dakin Model 160 Dakin Model 215 Dakota American Legend Dakota Classic Grade Dakota Classic Grade II Dakota Classic Grade III Dakota Premier Grade Dan Arms Deluxe Field Model Dan Arms Field Model Darne Sliding Breech Series Shotguns Davidson Arms Model 63B Davidson Arms Model 69SL Davidson Arms Model 73 Stagecoach Dumoulin Continental Model Dumoulin Etendard Model Dumoulin Europa Model Dumoulin Liege Model E.A.A. SABA E.A.A./Sabatti Saba-Mon Double Shotgun E.M.F. Model 1878 SxS E.M.F. Stagecoach SxS Model ERA Quail SxS ERA Riot SxS ERA SxS Famars Boxlock Models Famars Castore Famars Sidelock Models Fausti Caledon Fausti Class Fausti Class Round Body Fausti DEA Series Shotguns Ferlib Mignon Hammer Model Ferlib Model F VII Double Shotgun FN Anson SxS Standard Grade FN New Anson SxS Standard Grade FN Sidelock Standard Grade Fox Higher Grade Models (A–F) Fox Sterlingworth Series Franchi Airone Franchi Astore Series Franchi Destino Franchi Highlander Franchi Sidelock Double Barrel Francotte Boxlock Shotgun Francotte Jubilee Model Francotte Sidelock Shotgun Galef Silver Hawk SxS Galef Zabala SxS Garbi Model 100 Garbi Model 101 Side-by-Side Garbi Model 103A, B Side-by-Side Garbi Model 200 Side-by-Side Gastinne Model 105 Gastinne Model 202 Gastinne Model 353 Gastinne Model 98 Gib 10 Gauge Magnum Gil Alhambra Gil Diamond Gil Laga Gil Olimpia Greener Sidelock SxS Shotguns Griffin & Howe Britte Griffin & Howe Continental Sidelock Griffin & Howe Round Body Game Gun Griffin & Howe Traditional Game Gun Grulla 217 Series Grulla 219 Series Grulla Consort Grulla Model 209 Holland Grulla Model 215 Grulla Model 216 Series Grulla Number 1 Grulla Royal Grulla Super MH Grulla Supreme Grulla Windsor H&R Anson & Deeley SxS H&R Model 404 H&R Small Bore SxS hammer Gun Hatfield Uplander Shotgun Henry Atkin Boxlock Model Henry Atkin Sidelock Model Holland & Holland Cavalier Boxlock Holland & Holland Dominion Game Gun Holland & Holland Northwood Boxlock Holland & Holland Round Action Sidelock Holland & Holland Round Action Sidelock Paradox Holland & Holland Royal Hammerless Ejector Sidelock Holland & Holland Sidelock Shotguns Holloway premier Sidelock SxS Model Hopkins & Allen Boxlock and Sidelock Models Huglu SxS Shotguns Husqvarna SxS Shotguns IGA Deluxe Model IGA Turkey Series Model Interstate Arms Model 99 Coach Gun Ithaca Classic Doubles Series Shotguns Ithaca Hammerless Series Iver Johnson Hammerless Model Shotguns Jeffery Boxlock Shotguns Jeffery Sidelock Shotguns K.B.I Grade II SxS Khan Coach Gun Kimber Valier Series Krieghoff Essencia Boxlock Krieghoff Essencia Sidelock Lanber Imperial Sidelock Laurona Boxlock Models Laurona Sidelock Models Lefever Grade A Field Model Lefever Grade A Skeet Model Lefever New Lefever Model Lefever Nitro Special Lefever Sideplate Models Leforgeron Boxlock Ejector Leforgeron Sidelock Ejector Liberty Coach Gun Series MacNaughton Sidelock Model Malin Boxlock Model Malin Sidelock Model Masquelier Boxlock Model Masquelier Sidelock Model Medwell SxS Sidelock Merkel Model 8, 47E Side-by-Side Shotguns Merkel Model 47LSC Sporting Clays Double Merkel Model 47S, 147S Side-by-Sides Merkel Model 76E Merkel Model 122E Merkel Model 126E Merkel Model 280 Series Merkel Model 360 Series Merkel Model 447SL Merkel Model 1620 Series Merkel Model 1622 Series Mossberg Onyx Reserve Sporting Mossberg Silver Reserve Field Navy Arms Model 100 Navy Arms Model 150 Orvis Custom Uplander Orvis Field Grade Orvis Fine Grade Orvis Rounded Action Orvis Waterfowler Parker Fluid Steel Barrel Models (All Grades) Parker Reproductions Side-by-Side Pederson Model 200 Pederson Model 2500 Perazzi DHO Models Perugini Ausonia Perugini Classic Model Perugini Liberty Perugini Regina Model Perugini Romagna Gun Piotti Hammer Gun Piotti King Extra Side-by-Side Piotti King No. 1 Side-by-Side Piotti Lunik Side-by-Side Piotti Monaco Series Piotti Monte Carlo Piotti Piuma Side-by-Side Piotti Westlake Precision Sports Model 600 Series Doubles Premier Italian made SxS Shotguns Premier Spanish made SxS Shotguns Purdy Best Quality Game Gun Remington Model 1900 Hammerless Remington Model SPR210 Remington Model SPR220 Remington Model SPR220 Cowboy Remington Premier SxS Richland Arms Co. Italian made SxS Models Richland Arms Co. Spanish made SxS Models Rigby Boxlock Shotgun Rigby Hammer Shotgun Rizzini Boxlock Side-by-Side Rizzini Sidelock Side-by-Side Rossi Overlund Rossi Squire Rota Model 105 Rota Model 106 Rota Model 411 Series Royal American Model 600 Boxlock Royal American Model 800 Sidelock Ruger Gold Label SAE Model 209E SAE Model 210S SAE Model 340X Sarasqueta Mammerless Sidelock Sarasqueta Model 3 Boxlock Sauer Boxlock Model Shotguns Sauer Sidelock Model Shotguns Savage Fox Model FA–1 Savage Model 550 Scott Blenheim Scott Bowood Scott Chatsworth Scott Kinmount SIACE Italian made SxS Shotguns SKB Model 100 SKB Model 150 SKB Model 200 SKB Model 280 SKB Model 300 SKB Model 385 SKB Model 400 SKB Model 480 SKB Model 485 Smith & Wesson Elite Gold Series Grade I Smith & Wesson Elite Silver Grade I Smith, L.C. Boxlock Hammerless Shotguns Smith, L.C. Sidelock Hammerless Shotguns Spartan SPR Series Shotguns Stevens Model 311/315 Series Stoeger/IGA Uplander Side-by-Side Shotgun Taylor’s SxS Model Tri-Star Model 311 Tri-Star Model 411 Series Ugartechea 10–Ga. Magnum Shotgun Universal Double Wing SxS Vouzelaud Model 315 Series Walther Model WSF Walther Model WSFD Weatherby Atheana Weatherby D’Italia Series Weatherby Orion Westley Richards Best Quality Sidelock Westley Richards Boxlock Shotguns Westley Richards Connaught Model Westley Richards Hand Detachable Lock Model William Douglas Boxlock Winchester Model 21 Winchester Model 24 Zoli Alley Cleaner Zoli Classic Zoli Falcon II Zoli Model Quail Special Zoli Pheasant Zoli Silver Hawk Zoli Silver Snipe Shotguns—Bolt Actions & Single Shots ADCC Diamond Folding Model American Arms Single-Shot ARMSCOR 301A Armsport Single Barrel Shotgun Baikal MP18 Beretta 471 EL Silver Hawk Beretta 471 Silver Hawk Beretta Beta Single Barrel Beretta MKII Trap Beretta Model 412 Beretta Model FS Beretta TR–1 Beretta TR–1 Trap Beretta Vandalia Special Trap Browning BT–99 Competition Trap Special Browning BT–99 Plus Micro Browning BT–99 Plus Trap Gun Browning Micro Recoilless Trap Shotgun Browning Recoilless Trap Shotgun Crescent Single Shot Models CZ Cottontail Desert Industries Big Twenty Shotgun Fefever Long Range Field Frigon FS–4 Frigon FT–1 Frigon FT–C Gibbs Midland Stalker Greener General Purpose GP MKI/MKII H&R Survivor H&R Tracker Slug Model Harrington & Richardson N.W.T.F. Turkey Mag Harrington & Richardson Pardner Harrington & Richardson Pardner Compact Harrington & Richardson Pardner Compact Turkey Gun Harrington & Richardson Pardner Screw-In Choke Harrington & Richardson Pardner Turkey Gun Harrington & Richardson Pardner Turkey Gun Camo Harrington & Richardson Pardner Waterfowl Harrington & Richardson Tamer Harrington & Richardson Tamer 20 Harrington & Richardson Topper Classic Youth Shotgun Harrington & Richardson Topper Deluxe Classic Harrington & Richardson Topper Deluxe Model 098 Harrington & Richardson Topper Junior Harrington & Richardson Topper Model 098 Harrington & Richardson Topper Trap Gun Harrington & Richardson Tracker II Slug Gun Harrington & Richardson Ultra Slug Hunter Harrington & Richardson Ultra Slug Hunter Compact Harrington & Richardson Ultra Slug Hunter Deluxe Harrington & Richardson Ultra Slug Hunter Thumbhole Stock Harrington & Richardson Ultra-Lite Slug Hunter Hi-Standard 514 Model Holland & Holland Single Barrel Trap IGA Reuna Model IGA Single Barrel Classic Ithaca Model 66 Ithaca Single Barrel Trap Iver Johnson Champion Series Iver Johnson Commemorative Series Single Shot Shotgun Iver Johnson Excel Krieghoff K–80 Single Barrel Trap Gun Krieghoff KS–5 Special Krieghoff KS–5 Trap Gun Lefever Trap Gun Ljutic LTX Super Deluxe Mono Gun Ljutic Mono Gun Single Barrel Ljutic Recoilless Space Gun Shotgun Marlin Model 55 Goose Gun Bolt Action Marlin Model 60 Single Shot Marocchi Model 2000 Mossberg Models G–4, 70, 73, 73B Mossberg Models 75 Series Mossberg Models 80, 83, 83B, 83D Mossberg 173 Series Mossberg Model 183 Series Mossberg Model 185 Series Mossberg Model 190 Series Mossberg Model 195 Series Mossberg Model 385 Series Mossberg Model 390 Series Mossberg Model 395 Series Mossberg Model 595 Series Mossberg Model 695 Series New England Firearms N.W.T.F. Shotgun New England Firearms Standard Pardner New England Firearms Survival Gun New England Firearms Tracker Slug Gun New England Firearms Turkey and Goose Gun Parker Single Barrel Trap Models Perazzi TM1 Special Single Trap Remington 90–T Super Single Shotgun Remington Model No. 9 Remington Model 310 Skeet Remington Model No. 3 Rossi Circuit Judge Lever Action Shotgun Rossi Circuit Judge Shotgun Ruger Single Barrel Trap S.W.D. Terminator Savage Kimel Kamper Single Shot Savage Model 210F Slug Warrior Savage Model 212 Slug Gun Savage Model 220 Series Savage Model 220 Slug Gun SEITZ Single Barrel Trap SKB Century II Trap SKB Century Trap SKB Model 505 Trap SKB Model 605 Trap Smith, L.C. Single Barrel Trap Models Snake Charmer II Shotgun Stoeger/IGA Reuna Single Barrel Shotgun Tangfolio Model RSG–16 Tangfolio Blockcard Model Tangfolio Model DSG Tangfolio Model RSG–12 Series Tangfolio Model RSG–20 Tangfolio RSG-Tactical Taurus Circuit Judge Shotgun Thompson/Center Encore Shotgun Thompson/Center Pro Hunter Turkey Shotgun Thompson/Center TCR ’87 Hunter Shotgun Universal Firearms Model 7212 Single Barrel Trap Winchester Model 36 Single Shot Winchester Model 37 Single Shot Winchester Model 41 Bolt Action Winchester Model 9410 Series Zoli Apache Model Zoli Diano Series Zoli Loner Series . 4. Penalties Section 924(a)(1)(B) of title 18, United States Code, is amended by striking or (q) of section 922 and inserting (q), (r), (v), (w), or (aa) of section 922 . 5. Background checks for transfers of grandfathered semiautomatic assault weapons (a) In general Section 922 of title 18, United States Code, as amended by this Act, is amended— (1) by repealing subsection (s); (2) by redesignating subsection (t) as subsection (s); (3) in subsection (s), as redesignated— (A) in paragraph (3)(C)(ii), by striking (as defined in subsection (s)(8)) ; and (B) by adding at the end the following: (7) In this subsection, the term chief law enforcement officer means the chief of police, the sheriff, or an equivalent officer or the designee of any such individual. ; and (4) by inserting after subsection (s), as redesignated, the following: (t) (1) Beginning on the date that is 90 days after the date of enactment of the Assault Weapons Ban of 2013 , it shall be unlawful for any person who is not licensed under this chapter to transfer a grandfathered semiautomatic assault weapon to any other person who is not licensed under this chapter, unless a licensed importer, licensed manufacturer, or licensed dealer has first taken custody of the grandfathered semiautomatic assault weapon for the purpose of complying with subsection (s). Upon taking custody of the grandfathered semiautomatic assault weapon, the licensee shall comply with all requirements of this chapter as if the licensee were transferring the grandfathered semiautomatic assault weapon from the licensee’s inventory to the unlicensed transferee. (2) Paragraph (1) shall not apply to a temporary transfer of possession for the purpose of participating in target shooting in a licensed target facility or established range if— (A) the grandfathered semiautomatic assault weapon is, at all times, kept within the premises of the target facility or range; and (B) the transferee is not known to be prohibited from possessing or receiving a grandfathered semiautomatic assault weapon. (3) Paragraph (1) shall not apply to the transfer of a firearm if— (A) the transfer is a bona fide gift between an individual and a spouse, parent, child, sibling, grandparent, or grandchild of the individual; or (B) the transfer occurs by operation of law, or because of the death of another person for whom the unlicensed transferor is an executor or administrator of an estate or a trustee of a trust created in a will. (4) For purposes of this subsection, the term transfer — (A) shall include a sale, gift, or loan; and (B) does not include temporary custody of the grandfathered semiautomatic assault weapon for purposes of examination or evaluation by a prospective transferee. (5) (A) Notwithstanding any other provision of this chapter, the Attorney General may implement this subsection with regulations. (B) Regulations promulgated under this paragraph— (i) shall include a provision setting a maximum fee that may be charged by licensees for services provided in accordance with paragraph (1); and (ii) shall not include any provision imposing recordkeeping requirements on any unlicensed transferor or requiring licensees to facilitate transfers in accordance with paragraph (1). . (b) Technical and conforming amendments (1) Section 922 Section 922(y)(2) of title 18, United States Code, is amended, in the matter preceding subparagraph (A), by striking , (g)(5)(B), and (s)(3)(B)(v)(II) and inserting and (g)(5)(B) . (2) Section 925a Section 925A of title 18, United States Code, is amended, in the matter preceding paragraph (1), by striking subsection (s) or (t) of section 922 and inserting section 922(s) . (c) Effective date The amendments made by this section shall take effect 90 days after the date of enactment of this Act. 6. Use of Byrne grants for buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices Section 501(a)(1) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3751(a)(1) ) is amended by adding at the end the following: (H) Compensation for surrendered semiautomatic assault weapons and large capacity ammunition feeding devices, as those terms are defined in section 921 of title 18, United States Code, under buy-back programs for semiautomatic assault weapons and large capacity ammunition feeding devices. . 7. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of such provision or amendment to any person or circumstance shall not be affected thereby.

https://www.govinfo.gov/content/pkg/BILLS-113hr437ih/xml/BILLS-113hr437ih.xml

113-hr-438

I 113th CONGRESS 1st Session H. R. 438 IN THE HOUSE OF REPRESENTATIVES January 29, 2013 Ms. Norton introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin, and for other purposes. 1. Short title (a) Short title This Act may be cited as the Fair Pay Act of 2013 . (b) Reference Except as provided in section 8, 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 Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ). 2. Findings Congress finds the following: (1) Wage rate differentials exist between equivalent jobs segregated by sex, race, and national origin in Government employment and in industries engaged in commerce or in the production of goods for commerce. (2) The existence of such wage rate differentials— (A) depresses wages and living standards for employees necessary for their health and efficiency; (B) prevents the maximum utilization of the available labor resources; (C) tends to cause labor disputes, thereby burdening, affecting, and obstructing commerce; (D) burdens commerce and the free flow of goods in commerce; and (E) constitutes an unfair method of competition. (3) Discrimination in hiring and promotion has played a role in maintaining a segregated work force. (4) Many women and people of color work in occupations dominated by individuals of their same sex, race, and national origin. (5) (A) In 2009, a woman in the United States working in a full-time, year-round job earned 77 cents for every dollar earned by a man working in a full-time, year-round job. (B) A 2007 study found that—even when accounting for key factors generally known to influence earnings such as race, educational attainment, and experience—nearly half (49.3 percent) of the pay gap can be explained by differences in the industries and occupations that men and women work in, and 41 percent of the pay gap cannot be accounted for but may be partially explained by discrimination in the workplace. (6) Section 6(d) of the Fair Labor Standards Act of 1938 prohibits discrimination in compensation for equal work on the basis of sex. (7) Artificial barriers to the elimination of discrimination in compensation based upon sex, race, and national origin continue to exist more than 4 decades after the passage of section 6(d) of the Fair Labor Standards Act of 1938, the Equal Pay Act of 1963, and the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. ). Elimination of such barriers would have positive effects, including— (A) providing a solution to problems in the economy created by discrimination through wage rate differentials; (B) substantially reducing the number of working women and people of color earning low wages, thereby reducing the dependence on public assistance; and (C) promoting stable families by enabling working family members to earn a fair rate of pay. 3. Equal pay for equivalent jobs (a) Amendment Section 6 ( 29 U.S.C. 206 ) is amended by adding at the end the following: (h) (1) (A) Except as provided in subparagraph (B), no employer having employees subject to any provision of this section shall discriminate, within any establishment in which such employees are employed, between employees on the basis of sex, race, or national origin by paying wages to employees in such establishment in a job that is dominated by employees of a particular sex, race, or national origin at a rate less than the rate at which the employer pays wages to employees in such establishment in another job that is dominated by employees of the opposite sex or of a different race or national origin, respectively, for work on equivalent jobs. (B) Nothing in subparagraph (A) shall prohibit the payment of different wage rates to employees where such payment is made pursuant to— (i) a seniority system; (ii) a merit system; (iii) a system that measures earnings by quantity or quality of production; or (iv) a differential based on a bona fide factor other than sex, race, or national origin, such as education, training, or experience, except that this clause shall apply only if— (I) the employer demonstrates that— (aa) such factor— (AA) is job-related with respect to the position in question; or (BB) furthers a legitimate business purpose, except that this item shall not apply if the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice; and (bb) such factor was actually applied and used reasonably in light of the asserted justification; and (II) upon the employer succeeding under subclause (I), the employee fails to demonstrate that the differential produced by the reliance of the employer on such factor is itself the result of discrimination on the basis of sex, race, or national origin by the employer. (C) The Equal Employment Opportunity Commission shall issue guidelines specifying criteria for determining whether a job is dominated by employees of a particular sex, race, or national origin for purposes of subparagraph (B)(iv). Such guidelines shall not include a list of such jobs. (D) An employer who is paying a wage rate differential in violation of subparagraph (A) shall not, in order to comply with the provisions of such subparagraph, reduce the wage rate of any employee. (2) No labor organization or its agents representing employees of an employer having employees subject to any provision of this section shall cause or attempt to cause such an employer to discriminate against an employee in violation of paragraph (1)(A). (3) For purposes of administration and enforcement of this subsection, any amounts owing to any employee that have been withheld in violation of paragraph (1)(A) shall be deemed to be unpaid minimum wages or unpaid overtime compensation under this section or section 7. (4) In this subsection: (A) The term labor organization means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (B) The term equivalent jobs means jobs that may be dissimilar, but whose requirements are equivalent, when viewed as a composite of skills, effort, responsibility, and working conditions. . (b) Conforming amendment Section 13(a) ( 29 U.S.C. 213(a) ) is amended in the matter before paragraph (1) by striking section 6(d) and inserting sections 6 (d) and (h) . 4. Prohibited acts Section 15(a) ( 29 U.S.C. 215(a) ) is amended— (1) by striking the period at the end of paragraph (5) and inserting a semicolon; and (2) by adding after paragraph (5) the following: (6) to discriminate against any individual because such individual has opposed any act or practice made unlawful by section 6(h) or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing to enforce section 6(h); or (7) to discharge or in any other manner discriminate against, coerce, intimidate, threaten, or interfere with any employee or any other person because the employee inquired about, disclosed, compared, or otherwise discussed the employee's wages or the wages of any other employee, or because the employee exercised, enjoyed, aided, or encouraged any other person to exercise or enjoy any right granted or protected by section 6(h). . 5. Remedies (a) Enhanced penalties Section 16(b) ( 29 U.S.C. 216(b) ) is amended— (1) by inserting after the first sentence the following: Any employer who violates subsection (d) or (h) of section 6 shall additionally be liable for such compensatory or punitive damages as may be appropriate, except that the United States shall not be liable for punitive damages. ; (2) in the sentence beginning An action to , by striking either of the preceding sentences and inserting any of the preceding sentences of this subsection ; (3) in the sentence beginning No employees , by striking No employees and inserting Except with respect to class actions brought under subsection (f), no employee ; (4) in the sentence beginning The court in , by striking in such action and inserting in any action brought to recover the liability prescribed in any of the preceding sentences of this subsection ; and (5) by striking section 15(a)(3) each place it occurs and inserting paragraphs (3), (6), and (7) of section 15(a) . (b) Action by secretary Section 16(c) ( 29 U.S.C. 216(c) ) is amended— (1) in the first sentence— (A) by inserting or, in the case of a violation of subsection (d) or (h) of section 6, additional compensatory or punitive damages, before and the agreement ; and (B) by inserting before the period the following: , or such compensatory or punitive damages, as appropriate ; (2) in the second sentence, by inserting before the period the following: and, in the case of a violation of subsection (d) or (h) of section 6, additional compensatory or punitive damages ; and (3) in the third sentence, by striking the first sentence and inserting the first or second sentence . (c) Fees Section 16 ( 29 U.S.C. 216 ) is amended by adding at the end the following: (f) In any action brought under this section for a violation of section 6(h), the court shall, in addition to any other remedies awarded to the prevailing plaintiff or plaintiffs, allow expert fees as part of the costs. Any such action may be maintained as a class action as provided by the Federal Rules of Civil Procedure. . 6. Records (a) Records Section 11(c) ( 29 U.S.C. 211(c) ) is amended— (1) by inserting (1) after (c) ; and (2) by adding at the end the following: (2) Every employer subject to section 6(h) shall preserve records that document and support the method, system, calculations, and other bases used by the employer in establishing, adjusting, and determining the wage rates paid to the employees of the employer. Every employer subject to section 6(h) shall preserve such records for such periods of time, and shall make such reports from the records to the Equal Employment Opportunity Commission, as shall be prescribed by the Equal Employment Opportunity Commission by regulation or order as necessary or appropriate for the enforcement of the provisions of section 6(h) or any regulation promulgated pursuant to section 6(h). . (b) Small business exemptions Section 11(c) (as amended by subsection (a)) is further amended by adding at the end the following: (3) Every employer subject to section 6(h) that has 25 or more employees on any date during the first or second year after the effective date of this paragraph, or 15 or more employees on any date during any subsequent year after such second year, shall, in accordance with regulations promulgated by the Equal Employment Opportunity Commission under paragraph (8), prepare and submit to the Equal Employment Opportunity Commission for the year involved a report signed by the president, treasurer, or corresponding principal officer, of the employer that includes information that discloses the wage rates paid to employees of the employer in each classification, position, or job title, or to employees in other wage groups employed by the employer, including information with respect to the sex, race, and national origin of employees at each wage rate in each classification, position, job title, or other wage group. . (c) Protection of confidentiality Section 11(c) (as amended by subsections (a) and (b)) is further amended by adding at the end the following: (4) The rules and regulations promulgated by the Equal Employment Opportunity Commission under paragraph (8), relating to the form of such a report, shall include requirements to protect the confidentiality of employees, including a requirement that the report shall not contain the name of any individual employee. . (d) Use; inspections; examination; regulations Section 11(c) (as amended by subsections (a) through (c)) is further amended by adding at the end the following: (5) The Equal Employment Opportunity Commission may publish any information and data that the Equal Employment Opportunity Commission obtains pursuant to the provisions of paragraph (3). The Equal Employment Opportunity Commission may use the information and data for statistical and research purposes, and compile and publish such studies, analyses, reports, and surveys based on the information and data as the Equal Employment Opportunity Commission may consider appropriate. (6) In order to carry out the purposes of this Act, the Equal Employment Opportunity Commission shall by regulation make reasonable provision for the inspection and examination by any person of the information and data contained in any report submitted to the Equal Employment Opportunity Commission pursuant to paragraph (3). (7) The Equal Employment Opportunity Commission shall by regulation provide for the furnishing of copies of reports submitted to the Equal Employment Opportunity Commission pursuant to paragraph (3) to any person upon payment of a charge based upon the cost of the service. (8) The Equal Employment Opportunity Commission shall issue rules and regulations prescribing the form and content of reports required to be submitted under paragraph (3) and such other reasonable rules and regulations as the Equal Employment Opportunity Commission may find necessary to prevent the circumvention or evasion of such reporting requirements. In exercising the authority of the Equal Employment Opportunity Commission under paragraph (3), the Equal Employment Opportunity Commission may prescribe by general rule simplified reports for employers for whom the Equal Employment Opportunity Commission finds that because of the size of the employers a detailed report would be unduly burdensome. . 7. Research, education, and technical assistance program; report to congress Section 4(d) ( 29 U.S.C. 204(d) ) is amended by adding at the end the following: (4) The Equal Employment Opportunity Commission shall conduct studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement the provisions of section 6(h) prohibiting wage rate discrimination between employees performing work in equivalent jobs on the basis of sex, race, or national origin. Such studies, information, and technical assistance shall be based on and include reference to the objectives of such section to eliminate such discrimination. In order to achieve the objectives of such section, the Equal Employment Opportunity Commission shall carry on a continuing program of research, education, and technical assistance including— (A) conducting and promoting research with the intent of developing means to expeditiously correct the wage rate differentials described in section 6(h); (B) publishing and otherwise making available to employers, labor organizations, professional associations, educational institutions, the various media of communication, and the general public the findings of studies and other materials for promoting compliance with section 6(h); (C) sponsoring and assisting State and community informational and educational programs; and (D) providing technical assistance to employers, labor organizations, professional associations and other interested persons on means of achieving and maintaining compliance with the provisions of section 6(h). (5) The report submitted biennially by the Secretary to Congress under paragraph (1) shall include a separate evaluation and appraisal regarding the implementation of section 6(h). . 8. Conforming amendments (a) Congressional employees (1) Application Section 203(a)(1) of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1313(a)(1) ) is amended— (A) by striking subsections (a)(1) and (d) of section 6 and inserting subsections (a)(1), (d), and (h) of section 6 ; and (B) by striking 206 (a)(1) and (d) and inserting 206 (a)(1), (d), and (h) . (2) Remedies Section 203(b) of such Act ( 2 U.S.C. 1313(b) ) is amended by inserting before the period the following: or, in an appropriate case, under section 16(f) of such Act ( 29 U.S.C. 216(f) ) . (b) Executive branch employees (1) Application Section 413(a)(1) of title 3, United States Code, as added by section 2(a) of the Presidential and Executive Office Accountability Act ( Public Law 104–331 ; 110 Stat. 4053), is amended by striking subsections (a)(1) and (d) of section 6 and inserting subsections (a)(1), (d), and (h) of section 6 . (2) Remedies Section 413(b) of such title is amended by inserting before the period the following: or, in an appropriate case, under section 16(f) of such Act . 9. Effective date The amendments made by this Act shall take effect 1 year after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr438ih/xml/BILLS-113hr438ih.xml

113-hr-439

I 113th CONGRESS 1st Session H. R. 439 IN THE HOUSE OF REPRESENTATIVES January 29, 2013 Ms. Norton 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 ensure that the Metropolitan Washington Airports Authority complies with certain Federal regulations and statutes. 1. Application of Federal regulations and statutes (a) Federal acquisition regulation The Metropolitan Washington Airports Authority shall comply with the Federal Acquisition Regulation. (b) Employment of relatives; restrictions Section 3110(a)(1) of title 5, United States Code, is amended— (1) in subparagraph (C) by striking and ; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: (D) the Metropolitan Washington Airports Authority; and .

https://www.govinfo.gov/content/pkg/BILLS-113hr439ih/xml/BILLS-113hr439ih.xml

113-hr-440

I 113th CONGRESS 1st Session H. R. 440 IN THE HOUSE OF REPRESENTATIVES January 29, 2013 Mr. Posey introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to extend the post-employment restrictions on lobbying by Members of Congress and officers and employees of the legislative branch. 1. Short title This Act may be cited as the Stop the Revolving Door in Washington Act . 2. Extension of post-employment restrictions (a) Extension of restrictions Section 207(e) of title 18, United States Code, is amended— (1) by amending paragraph (1) to read as follows: (1) Members of Congress Any person who is a Senator or a Member of the House of Representatives and who, within 5 years after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former Senator or Member seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. ; (2) by striking paragraphs (2), (3), (4), (5), and (6) and inserting the following: (2) Officers of the Congress Any person who is an elected officer of the Senate or of the House of Representatives and who, within 2 years after that person leaves office, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former elected officer seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. (3) Employees of the Congress Any person who is an employee of the Senate, or an employee of the House of Representatives, to whom paragraph (5)(A) applies and who, within 2 years after the termination of that employment, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. (4) Employees of other legislative offices Any person who is an employee of any other legislative office of the Congress to whom paragraph (5)(B) applies and who, within 2 years after the termination of that employment, knowingly makes, with the intent to influence, any communication to or appearance before any Member, officer, or employee of either House of Congress or any employee of any other legislative office of the Congress, on behalf of any other person (except the United States) in connection with any matter on which such former employee seeks action by a Member, officer, or employee of either House of Congress, in his or her official capacity, shall be punished as provided in section 216 of this title. ; (3) by redesignating paragraphs (7), (8), and (9), as paragraphs (5), (6), and (7), respectively; (4) in paragraph (5), as redesignated— (A) in subparagraph (A), by striking paragraphs (2), (3), (4), and (5) and inserting paragraph (3) ; and (B) in subparagraph (B), by striking paragraph (6) and inserting paragraph (4) ; and (5) in paragraph (7)(G), as redesignated, by striking (3), (4), or (5) and inserting or (3) . (b) Conforming amendment Section 103(a) of the Honest Leadership and Open Government Act of 2007 ( 2 U.S.C. 104d(a) ) is amended by striking paragraph (2), (3), (4), or (5) and inserting paragraph (3) . 3. Effective date The amendments made by section 2 shall apply to individuals who leave office or employment to which such amendments apply on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr440ih/xml/BILLS-113hr440ih.xml

113-hr-441

I 113th CONGRESS 1st Session H. R. 441 IN THE HOUSE OF REPRESENTATIVES January 29, 2013 Mr. Posey introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Consolidated Omnibus Budget Reconciliation Act of 1985 to authorize the Commissioner of U.S. Customs and Border Protection to enter into reimbursable fee agreements for the provision of additional services at Customs ports of entry, and for other purposes. 1. Short title This Act may be cited as the Services to Allow New Destinations for Tourism Act or STAND for Tourism Act . 2. Reimbursable fee agreements for provision of additional Customs services (a) In general Section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c ) is amended by adding at the end the following: (l) Reimbursable fee agreements for provision of additional Customs services (1) In general Notwithstanding any other provision of law, and upon the request of any person requesting Customs services, the Commissioner may enter into an agreement with such person under which the person agrees to pay a fee to reimburse U.S. Customs and Border Protection for the provision of additional services and any other costs incurred by U.S. Customs and Border Protection relating to such services at Customs ports of entry. (2) Accounts and use of funds Funds collected pursuant to any agreement entered into under this subsection— (A) shall be credited to accounts that may be established by the Commissioner for the provision of U.S. Customs and Border Protection services and remain available until expended for the purposes described in paragraph (1), without fiscal year limitation; and (B) shall be used to pay any expenses incurred by U.S. Customs and Border Protection in providing additional Customs services and any other costs incurred by U.S. Customs and Border Protection relating to such services at Customs ports of entry. (3) Amount and payment of fees The amount of the fee to be charged pursuant to an agreement entered into under this subsection shall be paid by each person requesting additional Customs services and shall include the salary and expenses of individuals employed by U.S. Customs and Border Protection to provide such Customs services and other costs incurred by U.S. Customs and Border Protection relating to such services at Customs ports of entry, such as temporary placement or permanent relocation of those individuals. (4) Failure to pay fee Any person who, after notice and demand for payment of any fee charged under subsection (a) of this section, fails to pay such fee in a timely manner shall— (A) be guilty of a misdemeanor, and if convicted thereof shall pay a fine that does not exceed an amount equal to 200 percent of such fee in addition to court costs; and (B) be liable for a penalty or liquidated damage equal to 2 times the amount of the fee in addition to court costs. Any amount collected pursuant to this paragraph shall be deposited into 1 or more of the accounts established under paragraph (2) and shall be available as described therein. (5) Provision of facilities and equipment Each facility at which such Customs services are performed shall provide, maintain, and equip, without cost to the Federal Government, such facilities in accordance with U.S. Customs and Border Protection specifications. (6) Definitions In this subsection— (A) the term Commissioner means the Commissioner of U.S. Customs and Border Protection of the Department of Homeland Security; and (B) the term person means— (i) a natural person; or (ii) a corporation, partnership, trust, association, or any other public or private entity, including any foreign government or transit authority, or any officer, employee, or agent thereof. . (b) Conforming amendment (1) In general Section 13031(e)(2)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 ( 19 U.S.C. 58c(e)(2)(A) ) is amended by adding at the end before the period the following: , or any agreement entered into pursuant to subsection (l) of this section . (2) Effective date The amendment made by paragraph (1) shall take effect on October 1, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr441ih/xml/BILLS-113hr441ih.xml

113-hr-442

I 113th CONGRESS 1st Session H. R. 442 IN THE HOUSE OF REPRESENTATIVES January 29, 2013 Mr. Posey 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 that a former Member of Congress or former Congressional employee who receives compensation as a lobbyist shall not be eligible for retirement benefits or certain other Federal benefits. 1. Short title This Act may be cited as the End the Congressional Revolving Door Act . 2. Prohibition relating to certain Federal benefits for a former Member of Congress or former Congressional employee who receives compensation as a lobbyist (a) In general A covered individual who is a registered lobbyist shall not be eligible for any covered benefits for any month— (1) which begins after the date of the enactment of this Act; and (2) in or for which such covered individual is— (A) employed as a lobbyist; and (B) entitled to compensation as a lobbyist. (b) Covered individual For purposes of this section, the term covered individual means an individual who becomes a former Member of Congress or a former Congressional employee after the date of the enactment of this Act. (c) Covered benefits For purposes of this section, the term covered benefits , as used with respect to a covered individual, means any payment or other benefit which is payable, by virtue of service performed by such covered individual, under any of the following: (1) The Civil Service Retirement System, including the Thrift Savings Plan. (2) The Federal Employees’ Retirement System, including the Thrift Savings Plan. (3) The Federal Employees’ Health Benefits Program, including enhanced dental benefits and enhanced vision benefits under chapters 89A and 89B, respectively, of title 5, United States Code. (4) The Federal Employees’ Group Life Insurance Program. (d) Definitions For purposes of this section— (1) the term Member of Congress means a Senator, Member of the House of Representatives, or Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico; (2) the term Congressional employee has the meaning given such term by section 2107 of title 5, United States Code; (3) the term registered lobbyist means— (A) a lobbyist registered or required to register, or on whose behalf a registration is filed or required to be filed, under section 4 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1603 ); and (B) an individual registered or required to register as the agent of a foreign principal under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.); and (4) the term lobbyist has the meaning given such term by section 3 of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602 ). (e) Rule of construction Nothing in this section shall be considered to prevent the payment of— (1) any lump-sum credit, as defined by section 8331(8) or 8401(19) of title 5, United States Code, to which an individual is entitled; or (2) any amount in the account of an individual in the Thrift Savings Fund which, as of the date on which paragraphs (1) and (2) of subsection (a) are first met with respect to such individual, is nonforfeitable. (f) Regulations Any regulations necessary to carry out this section may be prescribed— (1) except as provided in paragraph (2), by the Director of the Office of Personnel Management; and (2) to the extent that this Act relates to the Thrift Savings Plan, by the Executive Director (as defined by section 8401(13) of title 5, United States Code).

https://www.govinfo.gov/content/pkg/BILLS-113hr442ih/xml/BILLS-113hr442ih.xml

113-hr-443

I 113th CONGRESS 1st Session H. R. 443 IN THE HOUSE OF REPRESENTATIVES February 1, 2013 Mr. Brooks of Alabama (for himself, Mr. Bachus , Mr. Jones , and Mr. Southerland ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To increase the statutory limit on the public debt by $1 trillion upon the adoption by Congress of a balanced budget Constitutional amendment and by an additional $1 trillion upon ratification by the States of that amendment. 1. Short title This Act may be cited as the Protecting America’s Solvency Act of 2013 . 2. Increase in the statutory limit on the public debt (a) Adoption Effective upon the adoption by the Congress of a balanced budget Constitutional amendment with the provisions described in section 3 below, the statutory limit on the public debt set forth in section 3101(b) of title 31, United States Code, is increased by $1 trillion. (b) Ratification Effective upon the ratification by the States of the balanced budget Constitutional amendment with the provisions described in section 3 below, the statutory limit on the public debt set forth in section 3101(b) of title 31, United States Code, is increased by an additional $1 trillion. 3. Required provisions of a balanced budget constitutional amendment A balanced budget Constitutional amendment, to comply with the requirements of section 2 above, must include the following provisions: (1) Total outlays of the United States for any fiscal year shall not exceed total receipts for that fiscal year. Total receipts shall include all receipts of the United States except those derived from borrowing. Total outlays shall include all outlays of the United States except those for repayment of debt principal. The United States shall have no fiscal year deficits except pursuant to the terms of the amendment. (2) The fiscal year deficit prohibition described herein may be suspended by a majority of the membership of both Houses of Congress, by roll call vote, for any fiscal year in which the United States is actively engaged in military conflict pursuant to a war declared by Congress pursuant to article I, section 8, or may be suspended by four-fifths of the membership of Congress, by roll call vote, for any other fiscal year. (3) In any fiscal year in which Congress does not suspend the amendment pursuant to its terms and in which total outlays will or may exceed total receipts, the President shall take such steps as are necessary to ensure total outlays for that fiscal year do not exceed total receipts. The President may not order any increase in taxes or other revenue measures to enforce the amendment. A President’s failure to prevent a prohibited fiscal year deficit is an impeachable offense. (4) Any Member of Congress and any Governor or attorney general of any State shall have standing and a cause of action to seek judicial enforcement of the amendment. No court of the United States or of any State may order any increase in taxes or other revenue measures to prevent or reduce fiscal year deficits. (5) (A) The amendment shall be phased-in beginning with the first fiscal year commencing six or more months after ratification of the amendment by the States. (B) Within three months after ratification, the President shall calculate the total outlays, the total receipts, and the resulting deficit of the United States for the fiscal year in which the amendment was ratified. This deficit is the Base Deficit . (C) Fiscal year deficits shall be phased out as follows: (i) The deficit for the first fiscal year commencing 6 or more months after ratification by the States of the amendment shall not exceed 80 percent of the Base Deficit. (ii) The deficit for the first fiscal year commencing 18 or more months after ratification by the States of the amendment shall not exceed 60 percent of the Base Deficit. (iii) The deficit for the first fiscal year commencing 30 or more months after ratification by the States of the amendment shall not exceed 40 percent of the Base Deficit. (iv) The deficit for the first fiscal year commencing 42 or more months after ratification by the States of the amendment shall not exceed 20 percent of the Base Deficit. (v) There shall be no deficit for any fiscal year commencing 54 or more months after ratification by the States of the amendment.

https://www.govinfo.gov/content/pkg/BILLS-113hr443ih/xml/BILLS-113hr443ih.xml

113-hr-444

I 113th CONGRESS 1st Session H. R. 444 IN THE HOUSE OF REPRESENTATIVES AN ACT To require that, if the President’s fiscal year 2014 budget does not achieve balance in a fiscal year covered by such budget, the President shall submit a supplemental unified budget by April 1, 2013, which identifies a fiscal year in which balance is achieved, and for other purposes. 1. Short title This Act may be cited as the Require Presidential Leadership and No Deficit Act or the Require a PLAN Act . 2. Purpose and findings (a) Purpose The purpose of this Act is to require the President to submit to Congress a supplemental unified budget if the President’s budget for fiscal year 2014 does not achieve balance in a fiscal year covered by such budget. (b) Findings Congress finds the following: (1) With this year’s expected failure to meet the statutory deadline for submission of his budget, as stated by the Office of Management and Budget, the President will have only met the statutory deadline in one of his five budget submissions. (2) Despite a promise to cut the deficit in half, the deficit doubled during the President’s first year in office and has exceeded $1 trillion for four years now. (3) Since taking office, the President has allowed the Federal debt to grow by nearly $6 trillion and total debt now exceeds the size of the entire economy of the United States. (4) Under the President’s most recent budget submission, the budget never achieves balance. (5) The President’s fiscal year 2013 budget submission includes the admission that under his own policies the Federal Government’s fiscal position gradually deteriorates . 3. Submission of a supplemental unified budget (a) In general If the President’s budget for fiscal year 2014, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, results in a projected deficit in every fiscal year for which estimates are provided in such budget, then the President shall submit a supplemental unified budget pursuant to subsection (b). (b) Contents of supplemental unified budget Not later than April 1, 2013, the President shall submit to Congress a supplemental unified budget that includes— (1) the information required under section 1105(a) of title 31, United States Code; (2) an estimate of the earliest fiscal year in which the supplemental budget is not projected to result in a deficit; (3) a detailed description of additional policies to be implemented in order to achieve such result (including an evaluation of duplicative agency functions and agency effectiveness, and proposals for consolidating duplicative functions and programs between agencies in the interests of cost-savings); (4) an explanation of the differences between the President’s budget for fiscal year 2014 and the supplemental unified budget referred to in this subsection; (5) an estimate of the cost per taxpayer of the annual deficit for each year in which the supplemental unified budget is projected to result in a deficit; and (6) under a separate heading entitled Direct Spending , which shall include a category for Means-Tested Direct Spending and a category for Nonmeans-Tested Direct Spending and sets forth— (A) the average rate of growth for each category in the total amount of outlays during the 10-year period preceding the budget year; (B) information on the budget proposals for reform of such programs; (C) a description of programs which shall be considered means-tested direct spending and nonmeans-tested direct spending for purposes of this paragraph; and (D) an annual estimate of the total amount of outlays for each such program for the period covered by the budget proposal. (c) Definition The term unified budget means the total level of outlays, total level of receipts, and the resulting deficit or surplus of the United States Government for a fiscal year. Passed the House of Representatives February 6, 2013. Karen L. Haas, Clerk.

https://www.govinfo.gov/content/pkg/BILLS-113hr444eh/xml/BILLS-113hr444eh.xml

113-hr-445

I 113th CONGRESS 1st Session H. R. 445 IN THE HOUSE OF REPRESENTATIVES February 1, 2013 Mr. Dent (for himself and Mr. Tonko ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize a National Heritage Area Program, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the National Heritage Area 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 and purposes. Sec. 3. Definitions. Sec. 4. National Heritage Areas System. Sec. 5. Feasibility studies. Sec. 6. Management plan. Sec. 7. Designation. Sec. 8. Evaluation. Sec. 9. Local coordinating entities. Sec. 10. Relationship to other Federal agencies. Sec. 11. Property owners and regulatory protections. Sec. 12. Funding. Sec. 13. Sunset. 2. Findings and purposes (a) Findings The Congress finds the following: (1) Certain areas of the United States tell nationally significant stories; they illustrate significant aspects of our heritage; possess exceptional natural, cultural, scenic, and historic resources; and represent the diversity of our national character. (2) In these areas, the interaction of natural processes, geography, history, cultural traditions, and economic and social forces form distinctive landscapes that should be recognized, conserved, enhanced, and interpreted to improve the quality of life in the regions and to provide opportunities for public appreciation, education, enjoyment, and economic sustainability. (3) Local initiatives based on community and regional visions, involving public/private partnerships, are critical to conserving, enhancing, and interpreting natural, historic, scenic, and cultural resources related to our American heritage. These initiatives should be encouraged and supported by the Federal Government with the concurrence of the relevant Federal land management agencies and tribal governments by providing financial and technical assistance. (4) Partnerships among Federal, State, tribal, and local governments, nonprofit organizations, the private sector, and citizens provide the most viable framework to recognize, conserve, enhance, and interpret the resources of places that have made important contributions to the national story. (5) Communities and regions need assistance to set resource stewardship and interpretive goals, and to implement strategies for resource conservation and renewed economic viability in these areas. (6) A unified national process as well as certain standards for designation of National Heritage Areas need to be established to provide a consistent framework. The process should include a system for approval of heritage area management plans. (7) National Heritage Areas located near or encompassing units of the National Park System provide an additional basis for public enjoyment of parks and park-related resources, and it is appropriate for these parks to participate in, assist with, and benefit from local heritage initiatives that conserve and interpret resources over a larger area beyond the park’s boundaries. (8) It is in the national interest, and will benefit future generations, to establish a system of National Heritage Areas to encourage natural and cultural resource conservation, interpretation, enhancement, and economic sustainability, and for full public understanding and appreciation of the many resources, places, events, and peoples that have contributed to the rich heritage of this Nation. (b) Purposes The purposes of this Act are to— (1) establish a system of regional and community-based National Heritage Areas to conserve, enhance, and interpret natural, historic, scenic, and cultural resources that together tell nationally significant stories representing our country’s heritage; (2) promote public understanding, appreciation and enjoyment of the many places, events, and people that have contributed to our diverse national story; (3) promote innovative and partnership-driven management strategies that recognize regional values, to encourage locally tailored resource stewardship and interpretation, to develop economically viable and innovative approaches to community conservation, and to provide for the effective leveraging of Federal funds with State, local, tribal, and private funding sources; (4) provide unified national standards and processes for conducting feasibility studies, designating National Heritage Areas, and approving heritage area management plans; (5) provide appropriate linkages among units of the National Park System, and communities, governments, and organizations within National Heritage Areas to conserve, enhance, and interpret resources outside of park boundaries; and (6) authorize the Secretary of the Interior to provide financial and technical assistance to local coordinating entities that act as a catalyst for diverse regions, communities, organizations, and citizens to undertake projects and programs for resource stewardship and interpretation. 3. Definitions In this Act: (1) Feasibility study The term feasibility study means a study conducted by the Secretary of the Interior, or conducted by one or more other interested parties and reviewed by the Secretary, in accordance with the criteria and processes outlined in section 5, to determine whether an area meets the criteria to be designated as a National Heritage Area by Congress. (2) Local coordinating entity The term local coordinating entity means the entity designated by Congress to undertake, in partnership with others, the management plan and to act as a catalyst for implementation projects and programs among diverse partners in a National Heritage Area. (3) Management plan The term management plan means the plan prepared by the local coordinating entity for a National Heritage Area that specifies actions, policies, strategies, performance goals, and recommendations taken to meet the goals of the heritage area as specified in this Act. (4) National heritage area The term National Heritage Area means a region designated by Congress that tells nationally significant stories representing our American heritage. (5) Proposed national heritage area The term proposed National Heritage Area is an area or corridor under study by the Secretary of the Interior or other parties for potential designation by Congress as a National Heritage Area. (6) Secretary The term Secretary means the Secretary of the Interior. (7) System The term system means the system of National Heritage Areas established under section 4. (8) Tribal government The term tribal government means the governing body of an Indian tribe, band, nation, or other organized group or community of Indians that is recognized by the Secretary as having a government-to-government relationship with the United States and is eligible for the special programs and services provided by the United States to Indians because of their status as Indians, as evidenced by inclusion of the tribe on the list of recognized tribes published by the Secretary under the Federally Recognized Indian Tribe List Act of 199 ( 25 U.S.C. 479a ). (9) Tribal lands The term tribal lands means all lands within the exterior boundaries of any Indian reservation, all lands the title to which is held by the United States in trust for an Indian tribe or lands the title to which is held by an Indian tribe subject to a restriction by the United States against alienation, and all dependent Indian communities. 4. National Heritage Areas System (a) In general In order to recognize certain areas of the United States that tell nationally significant stories and to conserve, enhance, and interpret the areas’ natural, historic, scenic, and cultural resources that together illustrate significant aspects of our country’s heritage, there is established a National Heritage Areas System through which the Secretary may provide technical and financial assistance to local coordinating entities to support the establishment, development, and continuity of the National Heritage Areas. (b) System The National Heritage Areas System shall be composed of the following: (1) National Heritage Areas designated before the date of the enactment of this Act. (2) National Heritage Areas designated under this Act. (c) Relationship to the national park system (1) Relationship to national park units The Secretary shall— (A) assure to the maximum extent practicable, participation and assistance by any unit of the National Park System located near or encompassed by any National Heritage Area in local initiatives for that National Heritage Area that conserve and interpret resources consistent with an approved management plan for the National Heritage Area; and (B) work with National Heritage Areas to promote public enjoyment of units of the National Park System and park-related resources. (2) Applicability of laws National Heritage Areas shall not be considered to be units of the National Park System nor shall the areas be subject to the authorities applicable to units of the National Park System. (d) Duties Under the system, the Secretary shall— (1) undertake studies as directed by Congress through legislation to assess the feasibility of designating proposed National Heritage Areas or review and comment on studies undertaken by other parties for this purpose as provided in section 5; (2) review and approve or disapprove the management plan for a National Heritage Area as provided in section 7; (3) submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the United States Senate reports describing the activities conducted with respect to National Heritage Areas in accordance with this Act; and (4) conduct an evaluation of the accomplishments and prepare a report with recommendations for the National Park Service’s future role with respect to each designated National Heritage Area as outlined in section 8. (e) Authorities In carrying out this Act, the Secretary may— (1) provide technical and financial assistance in accordance with the provisions of section 10, and the amounts authorized under section 12, on a reimbursable or nonreimbursable basis as determined by the Secretary in the development and implementation of management plans and for administrative functions for designated National Heritage Areas; (2) enter into cooperative agreements with other Federal agencies, State, tribal and local governments, local coordinating entities, and other interested parties to carry out the purposes of this Act; (3) provide information, promote understanding, and encourage research on National Heritage Areas in partnership with local coordinating entities; and (4) provide national oversight, analysis, coordination, technical and financial assistance, and support to ensure consistency and accountability of the system. 5. Feasibility studies The Secretary, in undertaking a feasibility study, or reviewing a feasibility study conducted by others, shall apply the following criteria to determine the suitability and feasibility of designating a proposed National Heritage Area: (1) The proposed area is worthy of designation as a National Heritage Area because— (A) the area includes natural, historic, cultural, or scenic resources that are associated with nationally significant themes and events and these resources— (i) combine to form a distinct and cohesive landscape; and (ii) retain enough integrity to support the themes and events associated with the area’s national importance; and (B) the area provides opportunities to conserve natural, historic, cultural, or scenic resource through local and regional partnerships. (2) A conceptual boundary for the proposed area is developed based upon community input and the resources and themes that support the area’s national importance. (3) Residents, business interests, nonprofit organizations, and governments, including Federal land management agencies and tribal governments within the proposed area, have been involved in the feasibility study process and have demonstrated significant support through letters and other means for National Heritage Area designation. (4) A local coordinating entity has been selected to operate the proposed heritage area’s activities and the organization is supported by residents, business interests, nonprofit organizations, and governments within the proposed area. (5) The recommendations put forth in the feasibility study are consistent with continued economic activity within the area. 6. Management plan The plan for any National Heritage Area shall— (1) use a comprehensive planning approach that includes— (A) opportunities for stakeholders (i.e., community members, local and regional governments, tribes, businesses, nonprofits, and others) to be involved in the planning process; (B) opportunities for stakeholders to review and comment on the draft plan; and (C) documentation of the planning and public participation processes used to develop the plan, including how it was prepared, who was involved in the process, and how and when the stakeholders were involved; (2) include an inventory of the natural, historic, cultural, or scenic resources of the National Heritage Area related to the nationally significant themes and events of the region that should be protected, enhanced, interpreted, managed, or developed; (3) identify comprehensive goals, strategies, policies, and recommendations for telling the story of the region’s heritage and encouraging long-term resource protection, enhancement, interpretation, and development; (4) include recommendations for ways in which local, State, tribal, and Federal entities may best be coordinated, including the role of the National Park Service and other Federal agencies associated with the National Heritage Area, to further the purposes of this Act; (5) outline a strategy for the local coordinating entity to achieve financial sustainability; (6) include an implementation program that identifies— (A) prioritized actions and criteria for selecting future projects; (B) the ways in which stakeholders will be involved in their implementation; (C) existing and potential sources of funding; (D) performance goals; and (E) the manner in which the plan will be evaluated and updated; and (7) include a business plan for the local coordinating entity that, at minimum, addresses management and operation, products or services offered, the target market for products and services, and revenue streams. 7. Designation (a) In general The designation of a National Heritage Area shall be— (1) by Act of Congress; and (2) contingent on the prior completion of a management plan and an affirmative determination by the Secretary that the area meets the criteria provided in section 5. (b) Component of the system Any National Heritage Area designated under subsection (a) shall be a component of the National Heritage Areas System established in section 4. 8. Evaluation (a) In general Not later than every 10 years after the date on which of the National Heritage Area occurs, the Secretary shall conduct an evaluation of the accomplishments of the National Heritage Area and prepare a report with recommendations for the National Park Service’s continued role with respect to the National Heritage Area. (b) Evaluation components An evaluation prepared under subsection (a) shall— (1) assess the progress of the local coordinating entity with respect to— (A) accomplishing the purposes of the authorizing legislation for the National Heritage Area; and (B) achieving the goals and objectives of the approved management plan for the National Heritage Area; (2) analyze the Federal, State, local, and private investments in the National Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. (c) Recommendations Based upon the evaluation under subsection (a), the Secretary shall prepare a report with recommendations for the National Park Service’s continued role with respect to the National Heritage Area. If the report recommends that Federal funding for the National Heritage Area be— (1) continued, the report shall include an analysis of— (A) ways in which Federal funding for the National Heritage Area may be reduced or eliminated over time; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination; and (2) eliminated, the report to Congress shall include a description potential impacts on conservation, interpretation, and sustainability of the partnership. (d) Submission to congress On completion of a report under subsection (c), the Secretary shall submit the report to— (1) the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Natural Resources of the House of Representatives. 9. Local coordinating entities (a) Duties To further the purposes of the National Heritage Area, the local coordinating entity shall— (1) prepare and submit a management plan for the National Heritage Area to the Secretary in accordance with section 7; (2) submit an annual report to the Secretary for any fiscal year in which it receives Federal funds under this Act, setting forth its specific performance goals and accomplishments, expenses and income, amounts and sources of matching funds as appropriate, the amounts leveraged with Federal funds and sources of such leveraging, and grants made to any other entities during the year for which the report is made; (3) make available for audit for any fiscal year in which it receives Federal funds under this Act, all information pertaining to the expenditure of such funds and any matching funds; and (4) encourage by appropriate means economic viability and sustainability that is consistent with the purposes of the National Heritage Area. (b) Authorities The local coordinating entity may, subject to the prior approval of the Secretary, for the purposes of preparing and implementing the approved management plan for the National Heritage Area, use Federal funds made available through this Act to— (1) make grants to political jurisdictions, nonprofit organizations, and other parties within the National Heritage Area; (2) enter into cooperative agreements with or provide technical assistance to political jurisdictions, nonprofit organizations, Federal agencies, and other interested parties; (3) hire and compensate staff which may include individuals with expertise in natural, cultural, and historic resources conservation; economic and community development; and heritage planning; (4) obtain money or services from any source including any that are provided under other Federal laws or programs; (5) contract for goods or services; and (6) support activities of partners and any other activities that further the purposes of the National Heritage Area and are consistent with the approved management plan. (c) Prohibitions on the acquisition of real property The local coordinating entity may not use Federal funds received under this Act to acquire any interest in real property. 10. Relationship to other Federal agencies (a) Provision of assistance This Act shall not affect the authority of any Federal official to provide technical or financial assistance under any other law. (b) Coordination The head of any Federal agency planning to conduct activities that may have an impact on a designated National Heritage Area shall consult and coordinate these activities with the Secretary and the local coordinating entity. (c) Other laws and regulations This Act shall not modify any law or regulation authorizing Federal officials to manage Federal land under their control or limit the discretion of Federal land managers to implement approved land use plans within the boundaries of a National Heritage Area, nor shall this Act be construed to modify, alter, or amend any authorized uses of these Federal lands. 11. Property owners and regulatory protections Nothing in this Act shall be construed to— (1) abridge the rights of any property owner, whether public or private, including the right to refrain from participating in any plan, project, program, or activity conducted within the National Heritage Area; (2) require any property owner to permit public access (including Federal, State, tribal, or local government access) to such property or to modify any provisions of Federal, State, tribal, or local law with regard to public access or use of private lands; (3) alter any duly adopted land use regulation or any approved land use plan or any other regulatory authority of any Federal, State, or local agency or tribal government, or to convey any land use or other regulatory authority to any local coordinating entity; (4) authorize or imply the reservation or appropriation of water or water rights; (5) diminish the authority of the State to manage fish and wildlife including the regulation of fishing and hunting within the National Heritage Area; or (6) create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. 12. Funding (a) Authorization of appropriations (1) There are authorized to be appropriated to carry out the activities under section 9 not more than $700,000 for any fiscal year for each National Heritage Area to remain available until expended. (2) In addition to amounts authorized in paragraph (1), there are authorized to be appropriated to the Secretary— (A) not more than $300,000 for any fiscal year, to conduct feasibility studies by the National Park Service in accordance with the provisions of section 5, with not more than $100,000 allocated in the fiscal year for any one feasibility study for a proposed National Heritage Area; and (B) not more than $750,000 for any fiscal year, to conduct management plans by the National Park Service in accordance with the provisions of section 6, with not more than $250,000 allocated in the fiscal year for any one management plan for a proposed National Heritage Area. (3) Funding provided under paragraph (2) shall be in the form of grants approved by the National Park Service and provided to the local coordinating entity conducting the feasibility study or management plan. (b) Matching funds As a condition of providing financial assistance under this section to a local coordinating entity, the Secretary shall require the entity to provide matching funds— (1) equal to the amount of the financial assistance provided for designated National Heritage Areas for any Fiscal Year; (2) of 25 percent of the total grant amount received for feasibility study; and (3) of 50 percent of the total grant amount received for a management plan. The local coordinating entity’s matching funds— (A) must be from non-Federal sources; and (B) may be made in the form of in-kind contributions of goods or services fairly valued. (c) Administrative There are authorized to be appropriated to the Secretary such sums as may be necessary for technical assistance, oversight, and administrative purposes. 13. Sunset The system of National Heritage Areas within the National Park System established under this Act shall expire on the date that is 25 years after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr445ih/xml/BILLS-113hr445ih.xml

113-hr-446

I 113th CONGRESS 1st Session H. R. 446 IN THE HOUSE OF REPRESENTATIVES February 1, 2013 Mr. Deutch introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish the National Criminal Justice Commission. 1. Short title This Act may be cited as the National Criminal Justice Commission Act of 2013 . 2. Findings Congress finds that— (1) it is in the interest of the Nation to establish a commission to undertake a comprehensive review of the criminal justice system; (2) there has not been a comprehensive study since the President’s Commission on Law Enforcement and Administration of Justice was established in 1965; (3) that commission, in a span of 18 months, produced a comprehensive report entitled The Challenge of Crime in a Free Society, which contained 200 specific recommendations on all aspects of the criminal justice system involving Federal, State, tribal, and local governments, civic organizations, religious institutions, business groups, and individual citizens; and (4) developments over the intervening 45 years require once again that Federal, State, tribal, and local governments, civic organizations, religious institutions, business groups, and individual citizens come together to review evidence and consider how to improve the criminal justice system. 3. Establishment of commission There is established a commission to be known as the National Criminal Justice Commission (referred to in this Act as the Commission ). 4. Purpose of the commission The Commission shall undertake a comprehensive review of the criminal justice system, encompassing current Federal, State, local, and tribal criminal justice policies and practices, and make reform recommendations for the President, Congress, State, local, and tribal governments. 5. Review and recommendations (a) General review The Commission shall undertake a comprehensive review of all areas of the criminal justice system, including Federal, State, local, and tribal governments’ criminal justice costs, practices, and policies. (b) Findings and recommendations After conducting a review of the United States criminal justice system as required by section 5(a), the Commission shall make findings regarding such review and recommendations for changes in oversight, policies, practices, and laws designed to prevent, deter, and reduce crime and violence, reduce recidivism, improve cost-effectiveness, and ensure the interests of justice at every step of the criminal justice system. (c) Prior commissions The Commission shall take into consideration the work of prior relevant commissions in conducting its review. (d) State and local government In making its recommendations, the Commission should consider the financial and human resources of State and local governments. Recommendations shall not infringe on the legitimate rights of the States to determine their own criminal laws or the enforcement of such laws. (e) Public hearings The Commission shall conduct public hearings in various locations around the United States. (f) Consultation with government and nongovernment representatives (1) In general The Commission shall— (A) closely consult with Federal, State, local, and tribal government and nongovernmental leaders, including State, local, and tribal law enforcement officials, legislators, public health officials, judges, court administrators, prosecutors, defense counsel, victims’ rights organizations, probation and parole officials, criminal justice planners, criminologists, civil rights and liberties organizations, formerly incarcerated individuals, professional organizations, and corrections officials; and (B) include in the final report required by subsection (g) summaries of the input and recommendations of these leaders. (2) United States Sentencing Commission To the extent the review and recommendations required by this section relate to sentencing policies and practices for the Federal criminal justice system, the Commission shall conduct such review and make such recommendations in consultation with the United States Sentencing Commission. (g) Report (1) Report Not later than 18 months after the first meeting of the Commission, the Commission shall prepare and submit a final report that contains a detailed statement of findings, conclusions, and recommendations of the Commission to Congress, the President, State, local, and tribal governments. (2) Goal of unanimity It is the sense of the Congress that, given the national importance of the matters before the Commission, the Commission should work toward unanimously supported findings and recommendations. (3) Public availability The report submitted under this subsection shall be made available to the public. (4) Votes on recommendations in report Consistent with paragraph (2), the Commission shall state the vote total for each recommendation contained in its report to Congress. 6. Membership (a) In general The Commission shall be composed of 14 members, as follows: (1) One member shall be appointed by the President, who shall serve as co-chairman of the Commission. (2) One member shall be appointed by the leader of the Senate (majority or minority leader, as the case may be) of the Republican Party, in consultation with the leader of the House of Representatives (majority or minority leader, as the case may be) of the Republican Party, who shall serve as co-chairman of the Commission. (3) Two members shall be appointed by the senior member of the Senate leadership of the Democratic Party, in consultation with the Democratic leadership of the Committee on the Judiciary. (4) Two members shall be appointed by the senior member of the Senate leadership of the Republican Party, in consultation with the Republican leadership of the Committee on the Judiciary. (5) Two members shall be appointed by the senior member of the leadership of the House of Representatives of the Republican Party, in consultation with the Republican leadership of the Committee on the Judiciary. (6) Two members shall be appointed by the senior member of the leadership of the House of Representatives of the Democratic Party, in consultation with the Democratic leadership of the Committee on the Judiciary. (7) Two members, who shall be State and local representatives, shall be appointed by the President in agreement with leader of the Senate (majority or minority leader, as the case may be) of the Republican Party and the leader of the House of Representatives (majority or minority leader, as the case may be) of the Republican Party. (8) Two members, who shall be State and local representatives, shall be appointed by the President in agreement with leader of the Senate (majority or minority leader, as the case may be) of the Democratic Party and the leader of the House of Representatives (majority or minority leader, as the case may be) of the Democratic Party. (b) Membership (1) Qualifications The individuals appointed from private life as members of the Commission shall be individuals with distinguished reputations for integrity and nonpartisanship who are nationally recognized for expertise, knowledge, or experience in such relevant areas as— (A) law enforcement; (B) criminal justice; (C) national security; (D) prison and jail administration; (E) prisoner reentry; (F) public health, including physical and sexual victimization, drug addiction and mental health; (G) victims’ rights; (H) civil liberties; (I) court administration; (J) social services; and (K) State, local, and tribal government. (2) Disqualification An individual shall not be appointed as a member of the Commission if such individual possesses any personal financial interest in the discharge of any of the duties of the Commission. (3) Terms Members shall be appointed for the life of the Commission. (c) Appointment; first meeting (1) Appointment Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. (2) First meeting The Commission shall hold its first meeting on the date that is 60 days after the date of enactment of this Act, or not later than 30 days after the date on which funds are made available for the Commission, whichever is later. (3) Ethics At the first meeting of the Commission, the Commission shall draft appropriate ethics guidelines for commissioners and staff, including guidelines relating to conflict of interest and financial disclosure. The Commission shall consult with the Senate and House Committees on the Judiciary as a part of drafting the guidelines and furnish the Committees with a copy of the completed guidelines. (d) Meetings; quorum; vacancies (1) Meetings The Commission shall meet at the call of the co-chairs or a majority of its members. (2) Quorum Eight members of the Commission shall constitute a quorum for purposes of conducting business, except that 2 members of the Commission shall constitute a quorum for purposes of receiving testimony. (3) Vacancies Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. If vacancies in the Commission occur on any day after 45 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day, so long as at least 1 Commission member chosen by a member of each party, Republican and Democratic, is present. (e) Actions of commission (1) In general The Commission— (A) shall act by resolution agreed to by a majority of the members of the Commission voting and present; and (B) may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this title— (i) which shall be subject to the review and control of the Commission; and (ii) any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission. (2) Delegation Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this Act. 7. Administration (a) Staff (1) Executive director The Commission shall have a staff headed by an Executive Director. The Executive Director shall be paid at a rate established for the Certified Plan pay level for the Senior Executive Service under section 5382 of title 5, United States Code. (2) Appointment and compensation The co-chairs of the Commission shall designate and fix the compensation of the Executive Director and, in accordance with rules agreed upon by the Commission, may appoint and fix the compensation of such other personnel as may be necessary to enable the Commission to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (3) Personnel as Federal employees (A) In general The Executive Director and any personnel of the Commission who are employees shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (B) Members of commission Subparagraph (A) shall not be construed to apply to members of the Commission. (4) The compensation of commissioners Each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States, State, or local government shall serve without compensation in addition to that received for their services as officers or employees. (5) Travel expenses While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703(b) of title 5, United States Code. (b) Experts and consultants With the approval of the Commission, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. (c) Detail of government employees Upon the request of the Commission, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Commission to assist in carrying out the duties of the Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. (d) Other resources The Commission shall have reasonable access to materials, resources, statistical data, and other information such Commission determines to be necessary to carry out its duties from the Library of Congress, the Department of Justice, the Office of National Drug Control Policy, the Department of State, and other agencies of the executive and legislative branches of the Federal Government. The co-chairs of the Commission shall make requests for such access in writing when necessary. (e) Volunteer services Notwithstanding the provisions of section 1342 of title 31, United States Code, the Commission is authorized to accept and utilize the services of volunteers serving without compensation. The Commission may reimburse such volunteers for local travel and office supplies, and for other travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code. A person providing volunteer services to the Commission shall be considered an employee of the Federal Government in performance of those services for the purposes of chapter 81 of title 5 of the United States Code, relating to compensation for work-related injuries, chapter 171 of title 28 of the United States Code, relating to tort claims, and chapter 11 of title 18 of the United States Code, relating to conflicts of interest. (f) Obtaining official data The Commission may secure directly from any agency of the United States information necessary to enable it to carry out this Act. Upon the request of the co-chairs of the Commission, the head of that department or agency shall furnish that information to the Commission. The Commission shall not have access to sensitive information regarding ongoing investigations. (g) Mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (h) Administrative reporting The Commission shall issue biannual status reports to Congress regarding the use of resources, salaries, and all expenditures of appropriated funds. (i) Contracts The Commission is authorized to enter into contracts with Federal and State agencies, private firms, institutions, and individuals for the conduct of activities necessary to the discharge of its duties and responsibilities. A contract, lease or other legal agreement entered into by the Commission may not extend beyond the date of the termination of the Commission. (j) Gifts Subject to existing law, the Commission may accept, use, and dispose of gifts or donations of services or property. (k) Administrative assistance The Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this Act. These administrative services may include human resource management, budget, leasing, accounting, and payroll services. (l) Nonapplicability of fACA and public access to meetings and minutes (1) In general The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (2) Meetings and minutes (A) Meetings (i) Administration All meetings of the Commission shall be open to the public, except that a meeting or any portion of it may be closed to the public if it concerns matters or information described in section 552b(c) of title 5, United States Code. Interested persons shall be permitted to appear at open meetings and present oral or written statements on the subject matter of the meeting. The Commission may administer oaths or affirmations to any person appearing before it. (ii) Notice All open meetings of the Commission shall be preceded by timely public notice in the Federal Register of the time, place, and subject of the meeting. (B) Minutes and public availability Minutes of each open meeting shall be kept and shall contain a record of the people present, a description of the discussion that occurred, and copies of all statements filed. The minutes and records of all open meetings and other documents that were made available to or prepared for the Commission shall be available for public inspection and copying at a single location in the offices of the Commission. (m) Archiving Not later than the date of termination of the Commission, all records and papers of the Commission shall be delivered to the Archivist of the United States for deposit in the National Archives. 8. Authorization of appropriations (a) In general There are authorized to be appropriated for fiscal years 2014 and 2015 such sums as are necessary to carry out the purposes of this Act, not to exceed $7,000,000 per year for each fiscal year, and not more than $14,000,000 total. None of the funds appropriated under this Act may be utilized for international travel. (b) Availability Any sums appropriated under the subsection (a) shall remain available, without fiscal year limitation, until expended. 9. Sunset The Commission shall terminate 60 days after it submits its report to Congress.

https://www.govinfo.gov/content/pkg/BILLS-113hr446ih/xml/BILLS-113hr446ih.xml

113-hr-447

I 113th CONGRESS 1st Session H. R. 447 IN THE HOUSE OF REPRESENTATIVES February 1, 2013 Mr. Franks of Arizona (for himself, Mr. Lipinski , Mr. Peterson , Mr. Alexander , Mr. Amodei , Mrs. Bachmann , Mr. Bachus , Mr. Benishek , Mr. Bilirakis , Mr. Bishop of Utah , Mrs. Black , Mrs. Blackburn , Mr. Gibbs , Mr. Bonner , Mr. Boustany , Mr. Brady of Texas , Mr. Broun of Georgia , Mr. Buchanan , Mr. Bucshon , Mr. Carter , Mr. Cassidy , Mr. Chabot , Mr. Cole , Mr. Conaway , Mr. Cotton , Mr. Cramer , Mr. Culberson , Mr. Daines , Mr. DesJarlais , Mr. Duncan of Tennessee , Mr. Duncan of South Carolina , Mrs. Ellmers , Mr. Farenthold , Mr. Fincher , Mr. Fleming , Mr. Flores , Mr. Forbes , Mr. Fortenberry , Mr. Garrett , Mr. Gohmert , Mr. Gowdy , Mr. Graves of Georgia , Mr. Griffin of Arkansas , Mr. Grimm , Mr. Guthrie , Mr. Hall , Mr. Harris , Mrs. Hartzler , Mr. Huelskamp , Mr. Huizenga of Michigan , Mr. Hultgren , Ms. Jenkins , Mr. Johnson of Ohio , Mr. Jones , Mr. Jordan , Mr. Kelly , Mr. King of Iowa , Mr. LaMalfa , Mr. Lamborn , Mr. Latta , Mr. Long , Mr. Luetkemeyer , Mr. Marchant , Mr. McCaul , Mr. McKinley , Mr. Mica , Mr. Miller of Florida , Mr. Mullin , Mr. Mulvaney , Mr. Neugebauer , Mr. Nugent , Mr. Nunnelee , Mr. Olson , Mr. Palazzo , Mr. Pearce , Mr. Pitts , Mr. Poe of Texas , Mr. Pompeo , Mrs. Roby , Mr. Roe of Tennessee , Mr. Rogers of Alabama , Mr. Salmon , Mr. Schweikert , Mr. Smith of Texas , Mr. Stewart , Mr. Stivers , Mr. Walberg , Mr. Weber of Texas , Mr. Westmoreland , Mr. Wilson of South Carolina , and Mr. Yoder ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prohibit discrimination against the unborn on the basis of sex or race, and for other purposes. 1. Short title This Act may be cited as the Prenatal Nondiscrimination Act (PRENDA) of 2013 . 2. Findings and constitutional authority (a) Findings The Congress makes the following findings: (1) Sex discrimination findings (A) Women are a vital part of American society and culture and possess the same fundamental human rights and civil rights as men. (B) United States law prohibits the dissimilar treatment of males and females who are similarly situated and prohibits sex discrimination in various contexts, including the provision of employment, education, housing, health insurance coverage, and athletics. (C) Sex is an immutable characteristic ascertainable at the earliest stages of human development through existing medical technology and procedures commonly in use, including maternal-fetal bloodstream DNA sampling, amniocentesis, chorionic villus sampling or CVS , and obstetric ultrasound. In addition to medically assisted sex determination, a growing sex-determination niche industry has developed and is marketing low-cost commercial products, widely advertised and available, that aid in the sex determination of an unborn child without the aid of medical professionals. Experts have demonstrated that the sex-selection industry is on the rise and predict that sex selection will continue to be a growing trend in the United States. Sex determination is always a necessary step to the procurement of a sex-selection abortion. (D) A sex-selection abortion is an abortion undertaken for purposes of eliminating an unborn child of an undesired sex. Sex-selection abortion is barbaric, and described by scholars and civil rights advocates as an act of sex-based or gender-based violence, predicated on sex discrimination. Sex-selection abortions are typically late-term abortions performed in the 2d or 3rd trimester of pregnancy, often after the unborn child has developed sufficiently to feel pain. Substantial medical evidence proves that an unborn child can experience pain at 20 weeks after conception, and perhaps substantially earlier. By definition, sex-selection abortions do not implicate the health of the mother of the unborn, but instead are elective procedures motivated by sex or gender bias. (E) The targeted victims of sex-selection abortions performed in the United States and worldwide are overwhelmingly female. The selective abortion of females is female infanticide, the intentional killing of unborn females, due to the preference for male offspring or son preference . Son preference is reinforced by the low value associated, by some segments of the world community, with female offspring. Those segments tend to regard female offspring as financial burdens to a family over their lifetime due to their perceived inability to earn or provide financially for the family unit as can a male. In addition, due to social and legal convention, female offspring are less likely to carry on the family name. Son preference is one of the most evident manifestations of sex or gender discrimination in any society, undermining female equality, and fueling the elimination of females’ right to exist in instances of sex-selection abortion. (F) Sex-selection abortions are not expressly prohibited by United States law or the laws of 46 States. Sex-selection abortions are performed in the United States. In a March 2008 report published in the Proceedings of the National Academy of Sciences, Columbia University economists Douglas Almond and Lena Edlund examined the sex ratio of United States-born children and found evidence of sex selection, most likely at the prenatal stage . The data revealed obvious son preference in the form of unnatural sex-ratio imbalances within certain segments of the United States population, primarily those segments tracing their origins to countries where sex-selection abortion is prevalent. The evidence strongly suggests that some Americans are exercising sex-selection abortion practices within the United States consistent with discriminatory practices common to their country of origin, or the country to which they trace their ancestry. While sex-selection abortions are more common outside the United States, the evidence reveals that female feticide is also occurring in the United States. (G) The American public supports a prohibition of sex-selection abortion. In a March 2006 Zogby International poll, 86 percent of Americans agreed that sex-selection abortion should be illegal, yet only four States proscribe sex-selection abortion. In a 2012 poll conducted by the Charlotte Lozier Institute, 80 percent of Americans agreed that sex-selection abortion should be illegal. (H) Despite the failure of the United States to proscribe sex-selection abortion, the United States Congress has expressed repeatedly, through Congressional resolution, strong condemnation of policies promoting sex-selection abortion in the Communist Government of China . Likewise, at the 2007 United Nation’s Annual Meeting of the Commission on the Status of Women, 51st Session, the United States delegation spearheaded a resolution calling on countries to condemn sex-selective abortion, a policy directly contradictory to the permissiveness of current United States law, which places no restriction on the practice of sex-selection abortion. The United Nations Commission on the Status of Women has urged governments of all nations to take necessary measures to prevent . . . prenatal sex selection . (I) A 1990 report by Harvard University economist Amartya Sen, estimated that more than 100 million women were demographically missing from the world as early as 1990 due to sexist practices, including sex-selection abortion. Many experts believe sex-selection abortion is the primary cause. More recent estimates of women missing from the world range in the hundreds of millions. (J) Countries with longstanding experience with sex-selection abortion—such as the Republic of India, the United Kingdom, and the People’s Republic of China—have enacted restrictions on sex selection, and have steadily continued to strengthen prohibitions and penalties. The United States, by contrast, has no law in place to restrict sex-selection abortion, establishing the United States as affording less protection from sex-based feticide than the Republic of India or the People’s Republic of China, whose recent practices of sex-selection abortion were vehemently and repeatedly condemned by United States congressional resolution and by the United States Ambassador to the Commission on the Status of Women. Public statements from within the medical community reveal that citizens of other countries come to the United States for sex-selection procedures that would be criminal in their country of origin. Because the United States permits abortion on the basis of sex, the United States may effectively function as a safe haven for those who seek to have American physicians do what would otherwise be criminal in their home countries—a sex-selection abortion, most likely late-term. (K) The American medical community opposes sex selection. The American Congress of Obstetricians and Gynecologists ( ACOG ) stated in its 2007 Ethics Committee Opinion, Number 360, that sex selection is inappropriate because it ultimately supports sexist practices . The American Society of Reproductive Medicine ( ASRM ) published a 2004 Ethics Committee Opinion, noting that central to the controversy of sex selection in the use of assisted reproductive technology ( ART ) is the potential for inherent gender discrimination , … the risk of psychological harm to sex-selected offspring (i.e., by placing on them expectations that are too high),  … and reinforcement of gender bias in society as a whole. Sex selection in ART remains vulnerable to the judgment that no matter what its basis, [the method] identifies gender as a reason to value one person over another, and it supports socially constructed stereotypes of what gender means. In doing so, it not only reinforces possibilities of unfair discrimination, but may trivialize human reproduction by making it depend on the selection of nonessential features of offspring. The ASRM ethics opinion continues, ongoing problems with the status of women in the United States make it necessary to take account of concerns for the impact of sex-selection on goals of gender equality. The American Association of Pro-Life Obstetricians and Gynecologists, an organization with hundreds of members—many of whom are former abortionists—makes the following declaration: Sex selection abortions are more graphic examples of the damage that abortion inflicts on women. In addition to increasing premature labor in subsequent pregnancies, increasing suicide and major depression, and increasing the risk of breast cancer in teens who abort their first pregnancy and delay childbearing, sex selection abortions are often targeted at fetuses simply because the fetus is female. As physicians who care for both the mother and her unborn child, the American Association of Pro-Life Obstetricians and Gynecologists vigorously opposes aborting fetuses because of their gender. The President’s Council on Bioethics published a Working Paper stating the council’s belief that society’s respect for reproductive freedom does not prohibit the regulation or prohibition of sex control , defined as the use of various medical technologies to choose the sex of one’s child. The publication expresses concern that sex control might lead to … dehumanization and a new eugenics . (L) (i) Sex-selection abortions are often coerced, and therefore, the opposite of choice . Researchers at the University of California at Berkeley and the University of California at San Francisco completed a study of Indian-American women who had undergone sex-selection abortions in the United States. The study found that sex-selection abortions are often the product of violent coercion. (ii) Women who carried a female unborn child to term said they were subject to varying degrees of verbal and physical abuse, which may be to the point of actually inducing a sex-selection abortion. A woman may be denied food, water, and rest to induce an abortion where the family determines that the woman is carrying a female unborn child. Some women described being hit, pushed, choked and kicked in the abdomen in a husband’s attempt to forcibly terminate a female unborn child. Pregnancy is already a vulnerable time for women; the most common cause of death for pregnant women in the United States is homicide, often at the hands of the unborn child’s father. (iii) The study concluded that sex selection can be the product of an abusive environment created by marital partners, an extended family, or both. One-third of the women in the study reported that a history of family violence exacerbated when they did not give birth to a son. Notably, because the researchers had reason to fear for the participants’ exposure to marital violence, all subjects received information on local South Asian women’s organizations offering assistance for victims of family violence. The failure to bear a son is a serious matter; the birth of a daughter could result in violence or a brutal death for the mother at the hands of the father and mother-in-law. For example, photojournalist Walter Astrada’s renowned documentary tells the story of an Indian woman who was tortured and abandoned by her husband and mother-in-law for refusing to abort twin girls. Sex-selection abortion has long been considered a form of violence against women, and the study proved that both the women and the unborn daughter are victims of violence where sex-selection abortion is legally available but not sought by the mother. Forty percent of the women had terminated prior pregnancies when they learned that the unborn child was female. Of the women who discovered they were pregnant with a girl during the interview period, 89 percent underwent a sex-selection abortion. Among those that did not abort their unborn daughters, 100 percent expressed ambivalence about prior sex-selection abortions. Further, 100 percent cited physical and psychological trauma from the past abortions as reasons for not seeking another. Most tragically, 100 percent expressed guilt, shame and sadness over their inability to save the daughters they had aborted. (iv) Coercive sex-selection abortions are suspected in other western countries as well. Following a 2012 investigation of sex-selection abortion in the United Kingdom, Dr. Tony Falconer, President of the Royal College of Obstetrics and Gynaecology, raised the specter that women may be experiencing violence and coercion to force sex-selection abortions. (v) A growing body of research documents the relationship between intimate partner violence and reproductive coercion. (M) Sex-selection abortion harms women. Researchers at the University of California found that women in the United States who undergo sex-selection abortions are at increased risk for psychological and physical morbidity, documented by their descriptions of depression, anxiety, chronic pain, physical abuse, closely spaced pregnancies, and forced abortions . Further, 100 percent of the study participants who chose to carry unborn baby girls cited physical and psychological trauma from past abortions as reasons for not seeking another. Similarly, Indian-Canadian counselor, Aruna Papp, stated publicly that in her 30 years of experience treating Indian-Canadian women, she has found that sex-selection abortion is the leading cause of mental illness among women in the Punjabi Health Services, Peel region, and the leading cause of depression and attempted suicide in the South Asian Settlement Services in Scarborough. Some of Papp’s patients obtained their sex-selection abortions in Michigan and New York. Papp also reports many other physical ailments that are related to two, three, or four abortions . (N) Sex-selection abortion results in an unnatural sex-ratio imbalance. An unnatural sex-ratio imbalance is undesirable, due to the inability of the numerically predominant sex to find mates. Experts worldwide document that a significant sex-ratio imbalance in which males numerically predominate can be a cause of increased violence and militancy within a society. Likewise, an unnatural sex-ratio imbalance gives rise to the commoditization of humans in the form of human trafficking, and a consequent increase in kidnapping and other violent crime. (O) Sex-selection abortions have the effect of diminishing the representation of women in the American population, and therefore, the American electorate. (P) Sex-selection abortion reinforces sex discrimination and has no place in a civilized society. (2) Racial discrimination findings (A) Minorities are a vital part of American society and culture and possess the same fundamental human rights and civil rights as the majority. (B) United States law prohibits discrimination on the basis of race in various contexts, including employment, education, housing, health insurance coverage, and athletics. (C) A race-selection abortion is an abortion performed for purposes of eliminating an unborn child because the child or a parent of the child is of an undesired race. Race-selection abortion is barbaric, and described by civil rights advocates as an act of race-based violence, predicated on race discrimination. By definition, race-selection abortions do not implicate the health of mother of the unborn, but instead are elective procedures motivated by race bias. (D) A thorough review of the history of the American population control movement and its close affiliation with the American Eugenics Society reveals a history of targeting certain racial or ethnic groups for family planning . This history likely contributes to the current statistic that a Black baby is five times as likely to be aborted as a White baby, often in a federally subsidized clinic. (E) Abortion is the leading cause of death in the Black community. With approximately 450,000 Black abortions per year, more Black Americans lose their lives each year to abortion than to cancer, heart disease, diabetes, AIDS, and violence combined. These statistics are derived by comparing the abortion statistics of the Alan Guttmacher Institute (formerly the research arm of Planned Parenthood) to the National Vital Statistics annual reports showing the number of deaths by cause and race. The numbers for each of these variables have remained relatively constant from year to year, since 2005. (F) Only one State, Arizona, has enacted law to proscribe the performance of race-selection abortions. (G) Race-selection abortions have the effect of diminishing the number of minorities in the American population and therefore, the American electorate. (H) Race-selection abortion reinforces racial discrimination and has no place in a civilized society. (3) General findings (A) The history of the United States includes examples of both sex discrimination and race discrimination. The people of the United States ultimately responded in the strongest possible legal terms by enacting constitutional amendments correcting elements of such discrimination. Women, once subjected to sex discrimination that denied them the right to vote, now have suffrage guaranteed by the 19th Amendment. African-Americans, once subjected to race discrimination through slavery that denied them equal protection of the laws, now have that right guaranteed by the 14th Amendment. The elimination of discriminatory practices has been and is among the highest priorities and greatest achievements of American history. (B) Implicitly approving the discriminatory practices of sex-selection abortion and race-selection abortion by choosing not to prohibit them will reinforce these inherently discriminatory practices, and evidence a failure to protect a segment of certain unborn Americans because those unborn are of a sex or racial makeup that is disfavored. Sex-selection and race-selection abortions trivialize the value of the unborn on the basis of sex or race, reinforcing sex and race discrimination, and coarsening society to the humanity of all vulnerable and innocent human life, making it increasingly difficult to protect such life. Thus, Congress has a compelling interest in acting—indeed it must act—to prohibit sex-selection abortion and race-selection abortion. (b) Constitutional authority In accordance with the above findings, Congress enacts the following pursuant to Congress’ power under— (1) the Commerce Clause; (2) section 2 of the 13th Amendment; (3) section 5 of the 14th Amendment, including the power to enforce the prohibition on government action denying equal protection of the laws; and (4) section 8 of article I to make all laws necessary and proper for the carrying into execution of powers vested by the Constitution in the Government of the United States. 3. Discrimination against the unborn on the basis of race or sex (a) In general Chapter 13 of title 18, United States Code, is amended by adding at the end the following: 250. Discrimination against the unborn on the basis of race or sex (a) In general Whoever knowingly— (1) performs an abortion knowing that such abortion is sought based on the sex, gender, color or race of the child, or the race of a parent of that child; (2) uses force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion; (3) solicits or accepts funds for the performance of a sex-selection abortion or a race-selection abortion; or (4) transports a woman into the United States or across a State line for the purpose of obtaining a sex-selection abortion or race-selection abortion; or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both. (b) Civil remedies (1) Civil action by woman on whom abortion is performed A woman upon whom an abortion has been performed or attempted in violation of subsection (a)(2) may in a civil action against any person who engaged in a violation of subsection (a) obtain appropriate relief. (2) Civil action by relatives The father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (a), or a maternal grandparent of the unborn child if the pregnant woman is an unemancipated minor, may in a civil action against any person who engaged in the violation, obtain appropriate relief, unless the pregnancy or abortion resulted from the plaintiff’s criminal conduct or the plaintiff consented to the abortion. (3) Appropriate relief Appropriate relief in a civil action under this subsection includes— (A) objectively verifiable money damages for all injuries, psychological and physical, including loss of companionship and support, occasioned by the violation of this section; and (B) punitive damages. (4) Injunctive relief (A) In general A qualified plaintiff may in a civil action obtain injunctive relief to prevent an abortion provider from performing or attempting further abortions in violation of this section. (B) Definition In this paragraph the term qualified plaintiff means— (i) a woman upon whom an abortion is performed or attempted in violation of this section; (ii) a maternal grandparent of the unborn child if the woman upon whom an abortion is performed or attempted in violation of this section is an unemancipated minor; (iii) the father of an unborn child who is the subject of an abortion performed or attempted in violation of subsection (a); or (iv) the Attorney General. (5) Attorneys fees for plaintiff The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection. (c) Exception A woman upon whom a sex-selection or race-selection abortion is performed may not be prosecuted or held civilly liable for any violation of this section, or for a conspiracy to violate this section. (d) Loss of federal funding A violation of subsection (a) shall be deemed for the purposes of title VI of the Civil Rights Act of 1964 to be discrimination prohibited by section 601 of that Act. (e) Reporting requirement A physician, physician’s assistant, nurse, counselor, or other medical or mental health professional shall report known or suspected violations of any of this section to appropriate law enforcement authorities. Whoever violates this requirement shall be fined under this title or imprisoned not more than 1 year, or both. (f) Expedited consideration It shall be the duty of the United States district courts, United States courts of appeal, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this section. (g) Protection of privacy in court proceedings (1) In general Except to the extent the Constitution or other similarly compelling reason requires, in every civil or criminal action under this section, the court shall make such orders as are necessary to protect the anonymity of any woman upon whom an abortion has been performed or attempted if she does not give her written consent to such disclosure. Such orders may be made upon motion, but shall be made sua sponte if not otherwise sought by a party. (2) Orders to parties, witnesses, and counsel The court shall issue appropriate orders to the parties, witnesses, and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard the identity of the woman described in paragraph (1) from public disclosure. (3) Pseudonym required In the absence of written consent of the woman upon whom an abortion has been performed or attempted, any party, other than a public official, who brings an action under this section shall do so under a pseudonym. (4) Limitation This subsection shall not be construed to conceal the identity of the plaintiff or of witnesses from the defendant or from attorneys for the defendant. (h) Definition In this section— (1) the term abortion means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman, with knowledge that the termination by those means will with reasonable likelihood cause the death of the unborn child, unless the act is done with the intent to— (A) save the life or preserve the health of the unborn child; (B) remove a dead unborn child caused by spontaneous abortion; or (C) remove an ectopic pregnancy; (2) the term sex-selection abortion means an abortion undertaken for purposes of eliminating an unborn child of an undesired sex; and (3) the term race-selection abortion means an abortion performed for purposes of eliminating an unborn child because the child or a parent of the child is of an undesired race. . (b) Clerical amendment The table of sections at the beginning of chapter 13 of title 18, United States Code, is amended by adding after the item relating to section 249 the following new item: 250. Discrimination against the unborn on the basis of race or sex. . 4. Severability If any portion of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application.

https://www.govinfo.gov/content/pkg/BILLS-113hr447ih/xml/BILLS-113hr447ih.xml

113-hr-448

I 113th CONGRESS 1st Session H. R. 448 IN THE HOUSE OF REPRESENTATIVES February 1, 2013 Mr. Gosar introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require that the prevailing wage utilized for purposes of subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act), be determined by the Bureau of Labor Statistics. 1. Short title This Act may be cited as the Responsibility in Federal Contracting Act . 2. Bureau of Labor Statistics determination of prevailing wage Section 3142(b) of title 40, United States Code, is amended— (1) by inserting (acting through the Bureau of Labor Statistics of the Department of Labor) after Secretary of Labor ; and (2) by inserting before the period at the end the following: , using surveys carried out by the Bureau of Labor Statistics that use proper random statistical sampling techniques .

https://www.govinfo.gov/content/pkg/BILLS-113hr448ih/xml/BILLS-113hr448ih.xml

113-hr-449

I 113th CONGRESS 1st Session H. R. 449 IN THE HOUSE OF REPRESENTATIVES February 1, 2013 Mr. Miller of Florida introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Ways and Means and Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide an amnesty period during which veterans and their family members can register certain firearms in the National Firearms Registration and Transfer Record, and for other purposes. 1. Short title This Act may be cited as the Veterans’ Heritage Firearms Act of 2013 . 2. Amnesty period for veterans to register qualifying firearms (a) Registration Subject to such regulations as the Attorney General may prescribe, the applicable veteran or a member of the family of such a veteran, who owns and possesses a qualifying firearm, may register the firearm in the National Firearms Registration and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986) during the amnesty period. (b) Qualifying firearm (1) In general For purposes of this section, the term qualifying firearm means any firearm which was acquired— (A) before October 31, 1968; and (B) by a veteran, while the veteran was a member of the Armed Forces and was stationed outside the continental United States. (2) Presumption of validity In the absence of clear and convincing evidence to the contrary, the Attorney General shall accept as true and accurate any affidavit, document, or other evidence submitted by an individual to establish that a firearm meets the requirements of paragraph (1). (c) Hearings If the Attorney General determines that an individual may not register a firearm under subsection (a) during the amnesty period, the Attorney General, on the request of such individual, shall— (1) provide the individual any evidence on which the Attorney General’s decision is based; and (2) promptly hold a hearing to review the determination. (d) Limited immunity (1) Criminal liability under title 18 An individual who registers a firearm under subsection (a) of this section— (A) shall be treated, for purposes of subsections (a)(3) and (o) of section 922 of title 18, United States Code, as having lawfully acquired and possessed the firearm before the date of the enactment of chapter 44 of such title and of each provision of that chapter; and (B) shall not be liable for any violation of that chapter which— (i) is based solely on the ownership, possession, transportation, importation, or alteration of the firearm by the individual; and (ii) occurred before or concurrent with the registration. (2) Criminal liability under internal revenue code Except as provided in paragraph (3), an individual who registers a firearm under subsection (a) shall not be liable for a violation of chapter 53 or 75 of the Internal Revenue Code of 1986 with respect to the firearm which occurred before or concurrent with the registration. (3) Transfer tax liability Paragraph (2) shall not affect the liability of any individual for any transfer tax imposed under section 5811 of the Internal Revenue Code of 1986. (4) Attempts to register In the case of an applicable veteran or a member of such a veteran’s family who attempts to register a qualifying firearm in the National Firearms Registration and Transfer Record at a time other than during the amnesty period, paragraphs (1), (2), and (3) shall apply with respect to the individual if the individual surrenders the firearm to a law enforcement agency not later than 30 days after notification by the Attorney General of potential criminal liability for continued possession of the firearm. (e) Forfeiture A firearm registered under subsection (a) shall not be subject to seizure or forfeiture under chapter 53 or 75 of the Internal Revenue Code of 1986 or chapter 44 of title 18, United States Code, for a violation of any such chapter with respect to the firearm which occurred before or concurrent with the registration. (f) Notice; forms; mailbox rule (1) Notice of amnesty period The Attorney General shall provide clear printed notices providing information regarding the amnesty period and registering a firearm during the period. To the extent feasible, the Attorney General shall ensure that the notices are posted in post offices, law enforcement buildings, and businesses of licensed firearms dealers. (2) VA Outreach The Secretary of Veterans Affairs, in consultation with the Attorney General, shall carry out an outreach program and develop a communications strategy to provide to veterans information regarding the amnesty period and registering a firearm during the period, including by posting notices in facilities of the Department of Veterans Affairs and on the Internet website of the Department. (3) Forms The Attorney General shall make available any forms necessary for registering a firearm in the National Firearms Registration and Transfer Record. To the extent feasible, the Attorney General shall make such forms available in the locations referred to in paragraphs (1) and (2) and through the Internet website for the Bureau of Alcohol, Tobacco, Firearms, and Explosives. (4) Mailbox rule For purposes of this section, the Attorney General shall treat any form that is postmarked during the amnesty period as received during the amnesty period. (g) Definitions In this section: (1) Amnesty period The term amnesty period means the 180-day period beginning on the date that is 90 days after the date of the enactment of this Act. (2) Firearm The term firearm has the meaning given the term in section 5845 of the Internal Revenue Code of 1986, except that the term does not include— (A) any device described in subsection (f)(1) of such section; or (B) any combination of parts— (i) designed or intended for use in converting any device into a device described in subparagraph (A); or (ii) from which a device described in subparagraph (A) may be readily assembled. (3) Applicable veteran The term applicable veteran means, with respect to a firearm, the veteran referred to in subsection (b)(1) with respect to the firearm. (4) Veteran The term veteran has the meaning given such term in section 101(2) of title 38, United States Code. (5) Family (A) In general The term family means, with respect to a veteran, any grandparent of the veteran or of any spouse of the veteran, any lineal descendant of any such grandparent, and any spouse of any such lineal descendant. (B) Special rules For purposes of subparagraph (A): (i) A spouse of an individual who is legally separated from the individual under a decree of divorce or separate maintenance shall be treated as the spouse of the individual. (ii) Individuals related by the half blood or by legal adoption shall be treated as if they are related by the whole blood. (6) Continental united states The term continental United States means the several States and the District of Columbia, but does not include Alaska or Hawaii. 3. Transfer of firearms to museums (a) Transfer of forfeited firearms to museums (1) In general The Attorney General shall transfer each firearm which has been forfeited to the United States to the first qualified museum that submits a request for the firearm in such form and manner as the Attorney General may specify. (2) Destruction of forfeited firearms prohibited The Attorney General shall not destroy any firearm which has been forfeited to the United States until the end of the 5-year period beginning on the date of the forfeiture. (3) Catalogue of firearms With respect to each firearm that is available to be transferred to a museum under paragraph (1), the Attorney General shall, not later than 60 days after the forfeiture of the firearm, publish information which identifies the firearm (including a picture) on the web page of the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The information shall be available to the public without cost and without restriction. (4) Registration of firearms Any firearm transferred under paragraph (1) to a qualified museum shall be registered to the transferee in the National Firearms Registration and Transfer Record (described in section 5841 of the Internal Revenue Code of 1986). (5) Firearm In this subsection, the term firearm means any firearm (as defined in section 2(g)(2) of this Act) which is treated as a curio or relic under chapter 44 of title 18, United States Code. (6) Qualified museum In this subsection, the term qualified museum means— (A) any museum owned or operated by a unit of Federal, State, or local government; and (B) any museum which— (i) is open to the public; (ii) is incorporated as a not-for-profit corporation under applicable State law; (iii) may possess a firearm in the collection of the museum under the laws of the State in which the collection is displayed; (iv) holds a license under chapter 44 of title 18, United States Code, as a collector of curios or relics; and (v) certifies to the Attorney General that— (I) the museum is not engaged in the trade or business of buying or selling firearms; (II) with respect to the transfer of any firearm under paragraph (1), the museum is not requesting the transfer of the firearm for purpose of sale; and (III) the museum shall, not later than 90 days after the museum ceases operations, file an application pursuant to chapter 53 of the Internal Revenue Code of 1986 to transfer any machinegun transferred to the museum under paragraph (1) to an entity or person who may lawfully possess the machinegun under section 922(o) of title 18, United States Code, or abandon the machinegun to Federal, State, or local law enforcement authorities. (b) Transfer of machineguns to museums Section 922(o)(2) of title 18, United States Code, is amended— (1) in subparagraph (A), by striking or at the end; (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following: (B) a transfer to or by, or possession by, a museum that is open to the public and incorporated as a not-for-profit corporation under applicable State law; or .

https://www.govinfo.gov/content/pkg/BILLS-113hr449ih/xml/BILLS-113hr449ih.xml

113-hr-450

I 113th CONGRESS 1st Session H. R. 450 IN THE HOUSE OF REPRESENTATIVES February 1, 2013 Mr. Posey introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Consumer Financial Protection Act of 2010 to bring the Bureau of Consumer Financial Protection into the regular appropriations process, and for other purposes. 1. Short title This Act may be cited as the Bureau of Consumer Financial Protection Accountability Act . 2. Bringing the Bureau into the regular appropriations process Section 1017 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5497 ) is amended— (1) in subsection (a)— (A) by amending the heading of such subsection to read as follows: Budget, financial management, and audit.— ; (B) by striking paragraphs (1), (2), and (3); (C) by redesignating paragraphs (4) and (5) as paragraphs (1) and (2), respectively; and (D) in paragraph (1), as so redesignated— (i) by striking subparagraph (E); and (ii) by redesignating subparagraph (F) as subparagraph (E); (2) by striking subsections (b) and (c); (3) by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; and (4) in subsection (c), as so redesignated— (A) by striking paragraphs (1), (2), and (3) and inserting the following: (1) Authorization of appropriations There is authorized to be appropriated such funds as may be necessary to carry out this title for fiscal year 2013. ; and (B) by redesignating paragraph (4) as paragraph (2).

https://www.govinfo.gov/content/pkg/BILLS-113hr450ih/xml/BILLS-113hr450ih.xml

113-hr-451

I 113th CONGRESS 1st Session H. R. 451 IN THE HOUSE OF REPRESENTATIVES February 1, 2013 Mr. Posey introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 500 North Brevard Avenue in Cocoa Beach, Florida, as the Richard K. Salick Post Office . 1. Richard K. Salick Post Office (a) Designation The facility of the United States Postal Service located at 500 North Brevard Avenue in Cocoa Beach, Florida, shall be known and designated as the Richard K. Salick Post Office . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Richard K. Salick Post Office .

https://www.govinfo.gov/content/pkg/BILLS-113hr451ih/xml/BILLS-113hr451ih.xml

113-hr-452

I 113th CONGRESS 1st Session H. R. 452 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Rigell , Mr. Meehan , and Mr. Cummings ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To prevent gun trafficking. 1. Short title This Act may be cited as the Gun Trafficking Prevention Act of 2013. . 2. Firearms trafficking (a) In general Chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Trafficking in firearms (a) Offenses Except as provided in subsection (b), it shall be unlawful for any person, in or affecting interstate commerce,— (1) to purchase, attempt to purchase, or transfer a firearm, with the intent to deliver the firearm to another person who the transferor knows, or has reasonable cause to believe, is prohibited by Federal or State law from possessing a firearm; (2) in purchasing, attempting to purchase, or transferring a firearm, to intentionally provide false or misleading material information on a Bureau of Alcohol, Tobacco, Firearms, and Explosives firearms transaction record form; or (3) to knowingly direct, promote, or facilitate conduct that violates paragraph (1) or (2). (b) Gift exceptions Subsection (a) shall not apply to a firearm that is— (1) lawfully acquired by a person to be given to another person not prohibited from possessing a firearm under Federal or State law as a gift; or (2) lawfully received or otherwise acquired by a court-appointed trustee, receiver, or conservator for, or on behalf of, an estate or creditor or by a person to carry out a bequest, or an acquisition by intestate succession under the laws of the State of residence of the person. (c) Penalties (1) In general Any person who violates this section shall be fined under this title, imprisoned for not more than 20 years, or both. (2) Organizer enhancement If a violation of subsection (a) is committed by a person in concert with 5 or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, such person may be sentenced to an additional term of imprisonment of not more than 5 consecutive years. (3) Conspiracy Any person who conspires to commit an offense described in this section shall be fined under this title, imprisoned for not more than 10 years, or both. . (b) Technical and conforming amendment The table of sections for chapter 44 of title 18, United States Code, is amended by adding at the end the following: 932. Trafficking in firearms. . (c) Directive to the sentencing commission (1) In general Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of offenses under section 932 of title 18, United States Code (as added by subsection (a)). (2) Requirement In carrying out this section, the Commission shall review the penalty structure that the guidelines currently provide based on the number of firearms involved in the offense and determine whether any changes to that penalty structure are appropriate in order to reflect the intent of Congress that such penalties reflect the gravity of the offense.

https://www.govinfo.gov/content/pkg/BILLS-113hr452ih/xml/BILLS-113hr452ih.xml