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113-hr-453

I 113th CONGRESS 1st Session H. R. 453 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Cassidy (for himself and Mr. Palazzo ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide tax relief with respect to the Hurricane Isaac disaster area. 1. Short title This Act may be cited as the Investment Savings Access After Catastrophes Act of 2013 . 2. Hurricane Isaac disaster area For purposes of this Act, the term Hurricane Isaac disaster area means any parish or county of Louisiana or Mississippi which is (in whole or in part) in the area with respect to which a major disaster has been declared by the President before September 10, 2012, under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act by reason of Hurricane Isaac. 3. Suspension of personal casualty loss limitations Paragraphs (1) and (2) of section 165(h) of the Internal Revenue Code of 1986 shall not apply to losses described in section 165(c)(3) of such Code which arise in the Hurricane Isaac disaster area during the 2-year period beginning on August 26, 2012, and which are attributable to Hurricane Isaac. In the case of any other losses, section 165(h)(2)(A) of such Code shall be applied without regard to the losses referred to in the preceding sentence. 4. Treatment of net operating losses attributable to Hurricane Isaac (a) Extension of carryback period During the 2-year period beginning on August 26, 2012, if a portion of any net operating loss of the taxpayer for any taxable year is a Hurricane Isaac loss, section 172(b)(1) of the Internal Revenue Code of 1986 shall be applied with respect to such portion— (1) by substituting 5 taxable years for 2 taxable years in subparagraph (A)(i) thereof, and (2) by not taking such portion into account in determining any eligible loss of the taxpayer under subparagraph (F) thereof for the taxable year. (b) Suspension of 90-Percent AMT limitation Section 56(d)(1) of such Code shall be applied by increasing the amount determined under subparagraph (A)(ii)(I) thereof by the sum of the carrybacks and carryovers of any net operating loss attributable to the portion described in subsection (a). (c) Hurricane Isaac loss For purposes of this section— (1) In general The term Hurricane Isaac loss means the lesser of— (A) the excess of— (i) the net operating loss for such taxable year, over (ii) the specified liability loss for such taxable year to which a 10-year carryback applies under section 172(b)(1)(C) of such Code, or (B) the amount of any deduction for any qualified Hurricane Isaac casualty loss to the extent taken into account in computing the net operating loss for such taxable year. (2) Qualified Hurricane Isaac casualty loss (A) In general The term qualified Hurricane Isaac casualty loss means any uncompensated section 1231 loss (as defined in section 1231(a)(3)(B) of such Code) of property located in the Hurricane Isaac disaster area if— (i) such loss is allowed as a deduction under section 165 of such Code for the taxable year, and (ii) such loss is by reason of Hurricane Isaac. (B) Applicable rules For purposes of subparagraph (A), rules similar to the rules of subparagraphs (B) and (C) of paragraph (3), and paragraph (4), of section 1400N(k) of such Code and shall apply. 5. Tax-favored withdrawals from retirement plans (a) In general A qualified Hurricane Isaac distribution shall be treated as a qualified hurricane distribution for purposes of section 1400Q(a) of the Internal Revenue Code of 1986. (b) Qualified Hurricane Isaac distribution For purposes of subsection (a), the term qualified Hurricane Isaac distribution means any distribution from an eligible retirement plan made on or after August 26, 2012, and before September 11, 2014, to an individual whose principal place of abode on August 26, 2012, is located in the Hurricane Isaac disaster area and who has sustained an economic loss by reason of Hurricane Isaac. (c) Applicable rules For purposes of this section, rules similar to the rules of section 1400Q(a) of such Code (other than paragraph (4)(A) thereof) shall apply. 6. Rescission of unspent and uncommitted Federal funds (a) In general Notwithstanding any other provision of law, of all available unobligated Federal funds, an amount in appropriated discretionary unexpired funds determined by the Director of the Office of Management and Budget to be equal to the reduction in Federal revenues by reason of the enactment of this Act is rescinded. (b) Implementation Not later than 60 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall— (1) identify the accounts and amounts rescinded to implement subsection (a); and (2) submit a report to the Secretary of the Treasury and Congress of the accounts and amounts identified under paragraph (1) for rescission. (c) Exception This section shall not apply to the unobligated Federal funds of the Department of Defense or the Department of Veterans Affairs.

https://www.govinfo.gov/content/pkg/BILLS-113hr453ih/xml/BILLS-113hr453ih.xml

113-hr-454

I 113th CONGRESS 1st Session H. R. 454 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Fattah (for himself, Mr. Brady of Pennsylvania , and Ms. Schwartz ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To designate the medical center of the Department of Veterans Affairs located at 3900 Woodland Avenue in Philadelphia, Pennsylvania, as the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center . 1. Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center (a) Designation The medical center of the Department of Veterans Affairs located at 3900 Woodland Avenue in Philadelphia, Pennsylvania, shall be known and designated as the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the medical center referred to in subsection (a) shall be deemed to be a reference to the Corporal Michael J. Crescenz Department of Veterans Affairs Medical Center .

https://www.govinfo.gov/content/pkg/BILLS-113hr454ih/xml/BILLS-113hr454ih.xml

113-hr-455

I 113th CONGRESS 1st Session H. R. 455 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Ms. Slaughter (for herself, Ms. Bonamici , Mrs. Christensen , Mr. Cicilline , Mr. Conyers , Ms. DeLauro , Ms. Edwards , Mr. Ellison , Ms. Eshoo , Mr. Holt , Mr. Honda , Mr. Huffman , Mr. Israel , Mr. Langevin , Mr. Larsen of Washington , Ms. Lofgren , Ms. McCollum , Ms. Moore , Ms. Norton , Ms. Pingree of Maine , Mr. Polis , Ms. Linda T. Sánchez of California , Ms. Schwartz , Ms. Tsongas , Mr. Van Hollen , Ms. Wasserman Schultz , Ms. Waters , Mr. Waxman , and Mr. Yarmuth ) 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 certain coeducational elementary and secondary schools to make available information on equality in school athletic programs, and for other purposes. 1. Short title This Act may be cited as the High School Data Transparency Act of 2013 . 2. Findings and purposes (a) Findings The Congress finds as follows: (1) Participation in sports teaches youth critical life skills and has a significant positive impact on all areas of their lives, especially for girls. (2) Girls who participate in sports have higher levels of confidence and self-esteem, lower levels of depression, are less likely to be suicidal, are more likely to have a positive body image than female non-athletes, and are half as likely to experience an unintended pregnancy as compared to female non-athletes. Girls who participate in sports have higher graduation rates, receive better grades, and are less likely to smoke or use illegal drugs. (3) Sports participation effectively combats obesity, which is particularly significant given that one in six girls are obese or overweight and African-Americans and Hispanic girls face even greater risks. (4) Despite advances in athletic opportunities for women and girls since the passage of title IX of the Education Amendments of 1972, discrimination still limits athletic opportunities for females in interscholastic and intercollegiate athletics. Girls comprise 49 percent of the high school population, but receive only 41 percent of all interscholastic athletic participation opportunities nationwide. This translates into 1,300,000 fewer opportunities to play high school sports for girls than for boys. These lost participation opportunities also result in the loss of athletic scholarships that make it possible for many girls and young women to attend college. (5) There is ample evidence that girls’ teams often receive inferior benefits and services when they do play, in areas such as overall budgets; travel; equipment; uniforms; facilities, including locker rooms, fields, and practice and competitive facilities; training and medical services; publicity; access to coaches; and scheduling of practices, games, and sports seasons. (6) Without information about how athletic opportunities and benefits are being allocated at the elementary and secondary school levels, students may be deprived of opportunities to play sports and to receive athletic scholarships to attend college. (7) Students, parents, and schools should be aware of the athletic opportunities and benefits available to male and female students so that they can work to enhance athletic opportunities for all and address any inequities. (b) Purposes The purposes of this Act are as follows: (1) To ensure that information about the allocation of athletic opportunities and benefits at the elementary and secondary school levels is available to all students. (2) To promote equal opportunities for both boys and girls to engage in school-sponsored athletics. (3) To provide boys and girls with equal access to the physical, psychological, health and other benefits that result from playing sports. 3. Disclosure of statistics on equality in athletic programs Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. ) is amended by adding at the end the following: 9537. Equality in athletic programs (a) Report Each coeducational elementary or secondary school that participates in any program under this Act and has an athletic program, shall annually, for the immediately preceding academic year, prepare a report that contains the following information: (1) The number of students that attended the school and for each student an identification of such student’s— (A) sex; (B) race; and (C) ethnicity. (2) A listing of the teams that competed in athletic competition and for each such team the following data: (A) The total number of participants as of the day of the first scheduled contest for the team, and for each participant an identification of such participant’s— (i) sex; (ii) race; and (iii) ethnicity. (B) The year the team began. (C) The total expenditures for each team from school and nonschool sources, including a listing of the following data for each team: (i) Expenditures for travel. (ii) Expenditures for equipment (including any equipment replacement schedule). (iii) Expenditures for uniforms (including any uniform replacement schedule). (iv) Expenditures for facilities (including locker rooms, fields, and gymnasiums) and their maintenance and repair. (v) Expenditures for training and medical facilities and services. (vi) Expenditures for publicity for competitions (including press guides, press releases, game programs, and publicity personnel). (D) The total number of trainers and medical personnel, and for each trainer or medical personnel an identification of such person’s— (i) sex; (ii) employment status (including whether such person is employed full-time or part-time, and whether such person is a head or assistant trainer or medical services provider) and duties other than providing training or medical services; and (iii) qualifications, including whether the person is a professional or student. (E) The total number of coaches, and for each coach an identification of such coach’s— (i) sex; (ii) employment status (including whether such coach is employed full-time or part-time, and whether such coach is a head or assistant coach) and duties other than coaching; and (iii) qualifications, including whether the person is a professional or student. (F) Total annual revenues generated by the team (including contributions from outside sources such as booster clubs), disaggregated by source. (G) The total number of competitions scheduled, and for each scheduled competition an indication of what day of the week and time the competition was scheduled. (H) The total number of practices scheduled, and for each scheduled practice an indication of what day of the week and time the practice was scheduled. (I) The season in which the team competed. (J) Whether such team participated in postseason competition, and the success of such team in any postseason competition. (3) The average annual institutional salary attributable to coaching of the head coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the head coaches of women’s teams, across all offered sports. (4) The average annual institutional salary attributable to coaching of the assistant coaches of men’s teams, across all offered sports, and the average annual institutional salary attributable to coaching of the assistant coaches of women’s teams, across all offered sports. (b) Special rule For the purpose of reporting the information described in paragraphs (3) and (4) of subsection (a), if a coach has responsibilities for more than 1 team and the school does not allocate such coach’s salary by team, the school should divide the salary by the number of teams for which the coach has responsibility and allocate the salary among the teams on a basis consistent with the coach’s responsibilities for the different teams. (c) Disclosure of information to students and public On an annual basis, each coeducational elementary or secondary school described in subsection (a) shall— (1) make available to students, potential students, and the public, upon request, the information contained in each report by the school under this section by October 15 of each school year; and (2) ensure that all students at the school and members of the relevant community are informed of their right to request such information. (d) Submission; information availability On an annual basis, each coeducational elementary or secondary school described in subsection (a) shall provide the information contained in each report by the school under this section to the Commissioner for Education Statistics not later than 15 days after the date that the school makes such information available under subsection (c). (e) Duties of Commissioner for Education Statistics The Commissioner for Education Statistics shall— (1) ensure that the data required under this section are posted on the Department of Education’s Web site within a reasonable period of time; and (2) not later than 180 days after the date of the enactment of the High School Data Transparency Act of 2013 , notify all elementary and secondary schools in all States about the requirements under subsection (c) and issue guidance to all elementary and secondary schools on how to collect and report the information required under this section. .

https://www.govinfo.gov/content/pkg/BILLS-113hr455ih/xml/BILLS-113hr455ih.xml

113-hr-456

I 113th CONGRESS 1st Session H. R. 456 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Schiff (for himself, Mr. Sherman , and Mr. Waxman ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To require the Administrator of the Federal Aviation Administration to prescribe regulations to reduce helicopter noise pollution in certain residential areas, and for other purposes. 1. Short title This Act may be cited as the Los Angeles Residential Helicopter Noise Relief Act of 2013 . 2. Findings The Congress finds the following: (1) Residents across Los Angeles County suffer intrusive and disruptive low-flying helicopter traffic above their neighborhoods. (2) Los Angeles County is home to a unique and excessively large concentration of scenic, historic, entertainment, and transportation venues, including sight-seeing, movie studios, movie star homes, outdoor entertainment facilities, Griffith Park, the Hollywood Sign, freeways, and many others, that generate extensive helicopter activity. (3) Los Angeles County is home to the world’s leading civil helicopter manufacturer that conducts extensive helicopter operational testing in the region. (4) The unique terrain of canyons and valleys surrounding residential neighborhoods in Los Angeles County often concentrates high decibel level noise from the low-flying helicopters in and around residences in Los Angeles County. (5) The concentrated noise interrupts daily life for many Los Angeles County residents by drowning out conversations and disrupting sleep cycles. (6) Despite multiple efforts from several community and homeowner organizations in Los Angeles County to address these disturbances, helicopter traffic in Los Angeles County is not currently regulated by the Federal Aviation Administration or any other agency. (7) At the request of members of Congress, the Federal Aviation Administration formed an internal working group in July 2012 to solicit input from local communities and stakeholders on helicopter noise and safety issues in Los Angeles County. (8) As part of that process, several public meetings were held in the fall and summer of 2012 that have allowed the Federal Aviation Administration and stakeholders to hear and better understand the concerns and complaints of affected residents. (9) The Federal Aviation Administration is scheduled to release a report in May 2013 evaluating a full set of voluntary and regulatory options to reduce helicopter noise and address safety issues in Los Angeles County. (10) The report should explore how helicopters can be regulated in Los Angeles County in a manner that provides relief to residents from helicopter noise while also meeting the needs of relevant stakeholders, including first responders. 3. Regulations to reduce helicopter noise pollution in certain residential areas (a) Regulations required Not later than 1 year after the date of the enactment of this Act, the Administrator of the Federal Aviation Administration shall prescribe regulations for helicopter operations in Los Angeles County, California, that include requirements relating to the flight paths and altitudes associated with such operations to reduce helicopter noise pollution in residential areas, increase safety, and minimize scheduled commercial aircraft delays. (b) Exemptions In prescribing regulations under subsection (a), the Administrator shall exempt helicopter operations related to emergency, law enforcement, or military activities from the requirements described in that subsection. (c) Consultations In prescribing regulations under subsection (a), the Administrator shall make reasonable efforts to consult with local communities and local helicopter operators in order to develop regulations that meet the needs of local communities, helicopter operators, and the Federal Aviation Administration.

https://www.govinfo.gov/content/pkg/BILLS-113hr456ih/xml/BILLS-113hr456ih.xml

113-hr-457

I 113th CONGRESS 1st Session H. R. 457 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Issa introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 276 of the Immigration and Nationality Act to impose mandatory sentencing ranges with respect to aliens who reenter the United States after having been removed, and for other purposes. 1. Short title This Act may be cited as the Criminal Alien Accountability Act . 2. Mandatory sentencing ranges related to reentry by removed alien (a) Findings The Congress finds as follows: (1) The security of the United States is dependent on the Nation’s ability to regulate the immigration of aliens into the United States. (2) Removal from the United States of certain criminal aliens is necessary, and the unauthorized reentry of those aliens constitutes a threat to the people of the United States. (3) The Congress should deter such reentry by specifying mandatory sentencing ranges for these crimes. (b) Mandatory sentencing ranges for reentering aliens Section 276 of the Immigration and Nationality Act ( 8 U.S.C. 1326 ) is amended— (1) in subsection (a), in the matter following paragraph (2), by striking imprisoned not more than 2 years, and insert imprisoned for a term of not less than 1 year and not more than 2 years, ; and (2) in subsection (b)— (A) in paragraph (1), by striking imprisoned not more than 10 years, and insert imprisoned for a term of not less than 5 years and not more than 10 years, ; (B) in paragraph (2), by striking imprisoned not more than 20 years, and insert imprisoned for a term of not less than 10 years and not more than 20 years, ; and (C) in paragraph (4), by striking imprisoned for not more than 10 years, and insert imprisoned for a term of not less than 5 years and not more than 10 years, . (c) Mandatory sentencing ranges for persons aiding or assisting certain reentering aliens Section 277 of the Immigration and Nationality Act (8 U.S.C. 1327) is amended— (1) by striking Any person and inserting (a) Subject to subsection (b), any person ; and (2) by adding at the end the following: (b) (1) Any person who knowingly aids or assists any alien violating section 276(b) to reenter the United States, or who connives or conspires with any person or persons to allow, procure, or permit any such alien to reenter the United States, shall be fined under title 18, United States Code, or imprisoned for a term imposed under paragraph (2), or both. (2) The term of imprisonment imposed under paragraph (1) shall be within the range to which the reentering alien is subject under section 276(b). .

https://www.govinfo.gov/content/pkg/BILLS-113hr457ih/xml/BILLS-113hr457ih.xml

113-hr-458

I 113th CONGRESS 1st Session H. R. 458 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Issa introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to provide for nonimmigrant status for an alien who is the parent or legal guardian of a United States citizen child if the child was born abroad and is the child of a deceased member of the Armed Forces of the United States. 1. Short title This Act may be cited as the Fallen Heroes Family Act of 2013 . 2. Nonimmigrant status for alien parent of U.S. citizen child of deceased member of Armed Forces Section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) is amended— (1) in subparagraph (U), by striking or at the end; (2) in subparagraph (V), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following: (W) subject to section 214(s), an alien who is the parent of a child who— (i) is a United States citizen; (ii) was born outside the United States and its outlying possessions; and (iii) had a natural parent who— (I) served honorably in an active-duty status in the military, air, or naval forces of the United States; and (II) died on or after September 11, 2001, as a result of injury or disease incurred in or aggravated by that service. . 3. Parent to include legal guardian Section 101(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(2) ) is amended by adding at the end the following: For purposes of subsection (a)(15)(W) and section 201(b)(2)(A)(i), the term parent includes a legal guardian or other person standing in loco parentis. . 4. Conditions on admission Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) (1) In the case of a nonimmigrant described in section 101(a)(15)(W), the Secretary of Homeland Security shall authorize the nonimmigrant to engage in employment in the United States during the period of authorized admission and shall provide the nonimmigrant with an employment authorized endorsement or other appropriate document signifying authorization of employment. (2) The period of authorized admission of such a nonimmigrant shall terminate on the date that is 180 days after the 21st birthday of the child described in section 101(a)(15)(W), except that if the child files a petition under section 204(a)(1)(A)(i) to classify the nonimmigrant as an immediate relative before such date, such period shall terminate on the date that is 30 days after the date on which such petition is denied. (3) Not more than 1 alien may be admitted to the United States as a nonimmigrant with regard to each child described in section 101(a)(15)(W), unless an alien previously so admitted with respect to that child has died. .

https://www.govinfo.gov/content/pkg/BILLS-113hr458ih/xml/BILLS-113hr458ih.xml

113-hr-459

I 113th CONGRESS 1st Session H. R. 459 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Issa introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to promote innovation, investment, and research in the United States, to eliminate the diversity immigrant program, and for other purposes. 1. Short title This Act may be cited as the STEM Visa Act of 2013 . 2. Immigrant visas for certain advanced STEM graduates (a) Worldwide level of immigration Section 201(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d)(2) ) is amended by adding at the end the following: (D) (i) In addition to the increase provided under subparagraph (C), the number computed under this paragraph for fiscal year 2015 and subsequent fiscal years shall be further increased by the number specified in clause (ii), to be used in accordance with paragraphs (6) and (7) of section 203(b), except that— (I) immigrant visa numbers made available under this subparagraph but not required for the classes specified in paragraphs (6) and (7) of section 203(b) shall not be counted for purposes of subsection (c)(3)(C); and (II) for purposes of paragraphs (1) through (5) of section 203(b), the increase under this subparagraph shall not be counted for purposes of computing any percentage of the worldwide level under this subsection. (ii) The number specified in this clause is 55,000, reduced for any fiscal year by the number by which the number of visas under section 201(e) would have been reduced in that year pursuant to section 203(d) of the Nicaraguan Adjustment and Central American Relief Act (8 U.S.C. 1151 note) if section 201(e) had not been repealed by section 3 of the STEM Visa Act of 2013. (iii) Immigrant visa numbers made available under this subparagraph for fiscal year 2015, but not used for the classes specified in paragraphs (6) and (7) of section 203(b) in such year, may be made available in subsequent years as if they were included in the number specified in clause (ii) only to the extent of the cumulative number of petitions under section 204(a)(1)(F), and applications for a labor certification under section 212(a)(5)(A), filed in fiscal year 2015 with respect to aliens seeking a visa under paragraph (6) or (7) of section 203(b) up to, but not exceeding, the number specified in clause (ii) for such year. Such immigrant visa numbers may only be made available in fiscal years after fiscal year 2015 in connection with a petition under section 204(a)(1)(F), or an application for a labor certification under section 212(a)(5)(A), that was filed in fiscal year 2015. (iv) Immigrant visa numbers made available under this subparagraph for fiscal year 2016, but not used for the classes specified in paragraphs (6) and (7) of section 203(b) during such year, may be made available in subsequent years as if they were included in the number specified in clause (ii) only to the extent of the cumulative number of petitions under section 204(a)(1)(F), and applications for a labor certification under section 212(a)(5)(A), filed in fiscal year 2015 with respect to aliens seeking a visa under paragraph (6) or (7) of section 203(b) up to, but not exceeding, the number specified in clause (ii) for such year. Such immigrant visa numbers may only be made available in fiscal years after fiscal year 2016 in connection with a petition under section 204(a)(1)(F), or an application for a labor certification under section 212(a)(5)(A), that was filed in fiscal year 2016. (v) Immigrant visa numbers made available under this subparagraph for fiscal year 2017, but not used for the classes specified in paragraphs (6) and (7) of section 203(b) in such year, may be made available in subsequent years as if they were included in the number specified in clause (ii), but only— (I) to the extent of the cumulative number of petitions under section 204(a)(1)(F), and applications for a labor certification under section 212(a)(5)(A), filed in fiscal year 2017 with respect to aliens seeking a visa under paragraph (6) or (7) of section 203(b) up to, but not exceeding, the number specified in clause (ii) for such year; (II) if the immigrant visa numbers used under this subparagraph for fiscal year 2016 with respect to aliens seeking a visa under paragraph (6) or (7) of section 203(b) were less than the number specified in clause (ii) for such year; and (III) if the processing standards set forth in sections 204(a)(1)(F)(ii) and 212(a)(5)(A)(vi) were not met in fiscal year 2017. Such immigrant visa numbers may only be made available in fiscal years after fiscal year 2017 in connection with a petition under section 204(a)(1)(F), or an application for a labor certification under section 212(a)(5)(A), that was filed in fiscal year 2016. (vi) Immigrant visa numbers made available under this subparagraph for fiscal year 2017, but not used for the classes specified in paragraphs (6) and (7) of section 203(b) in such year, may be made available in subsequent years as if they were included in the number specified in clause (ii), but only— (I) to the extent of the cumulative number of petitions under section 204(a)(1)(F), and applications for a labor certification under section 212(a)(5)(A), filed in fiscal year 2017 with respect to aliens seeking a visa under paragraph (6) or (7) of section 203(b) up to, but not exceeding, the number specified in clause (ii) for such year; (II) if the immigrant visa numbers used under this subparagraph for fiscal year 2016 with respect to aliens seeking a visa under paragraph (6) or (7) of section 203(b) were less than the number specified in clause (ii) for such year; and (III) if the processing standards set forth in sections 204(a)(1)(F)(ii) and 212(a)(5)(A)(vi) were not met in fiscal year 2018. Such immigrant visa numbers may only be made available in fiscal years after fiscal year 2017 in connection with a petition under section 204(a)(1)(F), or an application for a labor certification under section 212(a)(5)(A), that was filed in fiscal year 2018. . (b) Numerical limitation to any single foreign state Section 202(a)(5)(A) of such Act ( 8 U.S.C. 1152(a)(5)(A) ) is amended by striking or (5) and inserting (5), (6), or (7) . (c) Preference allocation for employment-Based immigrants Section 203(b) of such Act ( 8 U.S.C. 1153(b) ) is amended— (1) by redesignating paragraph (6) as paragraph (8); and (2) by inserting after paragraph (5) the following: (6) Aliens holding doctorate degrees from u.s. doctoral institutions of higher education in science, technology, engineering, or mathematics (A) In general Visas shall be made available, in a number not to exceed the number specified in section 201(d)(2)(D)(ii), to qualified immigrants who— (i) hold a doctorate degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education; and (ii) have taken all doctoral courses in a field of science, technology, engineering, or mathematics, including all courses taken by correspondence (including courses offered by telecommunications) or by distance education, while physically present in the United States. (B) Definitions For purposes of this paragraph, paragraph (7), and sections 101(a)(15)(F)(i)(I) and 212(a)(5)(A)(iii)(III): (i) The term distance education has the meaning given such term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (ii) The term field of science, technology, engineering, or mathematics means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, and physical sciences. (iii) The term United States doctoral institution of higher education means an institution that— (I) is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ) or is a proprietary institution of higher education (as defined in section 102(b) of such Act ( 20 U.S.C. 1002(b) )); (II) was classified by the Carnegie Foundation for the Advancement of Teaching on January 1, 2012, as a doctorate-granting university with a very high or high level of research activity or classified by the National Science Foundation after the date of enactment of this paragraph, pursuant to an application by the institution, as having equivalent research activity to those institutions that had been classified by the Carnegie Foundation as being doctorate-granting universities with a very high or high level of research activity; (III) is accredited by an accrediting body that is itself accredited either by the Department of Education or by the Council for Higher Education Accreditation. (C) Labor certification required (i) In general Subject to clause (ii), the Secretary of Homeland Security may not approve a petition filed for classification of an alien under subparagraph (A) unless the Secretary of Homeland Security is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A), except that the Secretary of Homeland Security may, when the Secretary deems it to be in the national interest, waive this requirement. (ii) Requirement deemed satisfied The requirement of clause (i) shall be deemed satisfied with respect to an employer and an alien in a case in which a certification made under section 212(a)(5)(A)(i) has already been obtained with respect to the alien by that employer. (7) Aliens holding master’s degrees from u.s. doctoral institutions of higher education in science, technology, engineering, or mathematics (A) In general Any visas not required for the class specified in paragraph (6) shall be made available to the class of aliens who— (i) hold a master’s degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education that was either part of a master’s program that required at least 2 years of enrollment or part of a 5-year combined baccalaureate-master’s degree program in such field; (ii) have taken all master’s degree courses in a field of science, technology, engineering, or mathematics, including all courses taken by correspondence (including courses offered by telecommunications) or by distance education, while physically present in the United States. (B) Labor certification required (i) In general Subject to clause (ii), the Secretary of Homeland Security may not approve a petition filed for classification of an alien under subparagraph (A) unless the Secretary of Homeland Security is in receipt of a determination made by the Secretary of Labor pursuant to the provisions of section 212(a)(5)(A), except that the Secretary of Homeland Security may, when the Secretary deems it to be in the national interest, waive this requirement. (ii) Requirement deemed satisfied The requirement of clause (i) shall be deemed satisfied with respect to an employer and an alien in a case in which a certification made under section 212(a)(5)(A)(i) has already been obtained with respect to the alien by that employer. (C) Definitions The definitions in paragraph (6)(B) shall apply for purposes of this paragraph. . (d) Procedure for granting immigrant status Section 204(a)(1)(F) of such Act (8 U.S.C. 1154(a)(1)(F)) is amended— (1) by striking (F) and inserting (F)(i) ; (2) by striking or 203(b)(3) and inserting 203(b)(3), 203(b)(6), or 203(b)(7) ; (3) by striking Attorney General and inserting Secretary of Homeland Security ; and (4) by adding at the end the following: (ii) The following processing standards shall apply with respect to petitions under clause (i) relating to alien beneficiaries qualifying under paragraph (6) or (7) of section 203(b): (I) The Secretary of Homeland Security shall adjudicate such petitions not later than 60 days after the date on which the petition is filed. In the event that additional information or documentation is requested by the Secretary during such 60-day period, the Secretary shall adjudicate the petition not later than 30 days after the date on which such information or documentation is received. (II) The petitioner shall be notified in writing within 30 days of the date of filing if the petition does not meet the standards for approval. If the petition does not meet such standards, the notice shall include the reasons therefore and the Secretary shall provide an opportunity for the prompt resubmission of a modified petition. . (e) Labor certification and qualification for certain immigrants Section 212(a)(5) of such Act ( 8 U.S.C. 1182(a)(5) ) is amended— (1) in subparagraph (A)— (A) in clause (ii)— (i) in subclause (I), by striking , or at the end and inserting a semicolon; (ii) in subclause (II), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (III) holds a doctorate degree in a field of science, technology, engineering, or mathematics from a United States doctoral institution of higher education (as defined in section 203(b)(6)(B)(iii)). ; (B) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; (C) by inserting after clause (i) the following: (ii) Job order (I) In general An employer who files an application under clause (i) shall submit a job order for the labor the alien seeks to perform to the State workforce agency in the State in which the alien seeks to perform the labor. The State workforce agency shall post the job order on its official agency website for a minimum of 30 days and not later than 3 days after receipt using the employment statistics system authorized under section 15 of the Wagner-Peyser Act ( 29 U.S.C. 49 et seq. ). (II) Links The Secretary of Labor shall include links to the official websites of all State workforce agencies on a single webpage of the official website of the Department of Labor. ; and (D) by adding at the end the following: (vi) Processing standards for alien beneficiaries qualifying under paragraphs (6) and (7) of section 203(b) The following processing standards shall apply with respect to applications under clause (i) relating to alien beneficiaries qualifying under paragraph (6) or (7) of section 203(b): (I) The Secretary of Labor shall adjudicate such applications not later than 180 days after the date on which the application is filed. In the event that additional information or documentation is requested by the Secretary during such 180-day period, the Secretary shall adjudicate the application not later than 60 days after the date on which such information or documentation is received. (II) The applicant shall be notified in writing within 60 days of the date of filing if the application does not meet the standards for approval. If the application does not meet such standards, the notice shall include the reasons therefore and the Secretary shall provide an opportunity for the prompt resubmission of a modified application. ; and (2) in subparagraph (D), by striking (2) or (3) and inserting (2), (3), (6), or (7) . (f) GAO study Not later than June 30, 2018, the Comptroller General of the United States shall provide to the Congress the results of a study on the use by the National Science Foundation of the classification authority provided under section 203(b)(6)(B)(iii)(II) of the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)(B)(iii)(II)), as added by this section. (g) Effective date The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after such date. Nothing in the preceding sentence shall be construed to prohibit the Secretary of Homeland Security from accepting before such date petitions under section 204(a)(1)(F) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(F)) relating to alien beneficiaries qualifying under paragraph (6) or (7) of section 203(b) of such Act ( 8 U.S.C. 1153(b) ) (as added by this section). 3. Elimination of diversity immigrant program (a) Worldwide level of diversity immigrants Section 201 of the Immigration and Nationality Act ( 8 U.S.C. 1151 ) is amended— (1) in subsection (a)— (A) by inserting and at the end of paragraph (1); (B) by striking ; and at the end of paragraph (2) and inserting a period; and (C) by striking paragraph (3); and (2) by striking subsection (e). (b) Allocation of diversity immigrant visas Section 203 of such Act ( 8 U.S.C. 1153 ) is amended— (1) by striking subsection (c); (2) in subsection (d), by striking (a), (b), or (c), and inserting (a) or (b), ; (3) in subsection (e), by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (4) in subsection (f), by striking (a), (b), or (c) and inserting (a) or (b) ; and (5) in subsection (g), by striking (a), (b), and (c) and inserting (a) and (b) . (c) Procedure for granting immigrant status Section 204 of such Act ( 8 U.S.C. 1154 ) is amended— (1) by striking subsection (a)(1)(I); and (2) in subsection (e), by striking (a), (b), or (c) and inserting (a) or (b) . (d) Effective date The amendments made by this section shall take effect on October 1, 2014, and shall apply with respect to fiscal years beginning on or after such date. 4. Permanent priority dates (a) In general Section 203 of the Immigration and Nationality Act (8 U.S.C. 1153) is amended by adding at the end the following: (i) Permanent priority dates (1) In general Subject to subsection (h)(3) and paragraph (2), the priority date for any employment-based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. (2) Subsequent employment-based petitions Subject to subsection (h)(3), an alien who is the beneficiary of any employment-based petition that was approvable when filed (including self-petitioners) shall retain the priority date assigned with respect to that petition in the consideration of any subsequently filed employment-based petition (including self-petitions). . (b) Effective date The amendment made by subsection (a) shall take effect on October 1, 2014, and shall apply to aliens who are a beneficiary of a classification petition pending on or after such date. 5. Student visa reform (a) In general Section 101(a)(15)(F) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F) ) is amended to read as follows: (F) an alien— (i) who— (I) is a bona fide student qualified to pursue a full course of study in a field of science, technology, engineering, or mathematics (as defined in section 203(b)(6)(B)(ii)) leading to a bachelors or graduate degree and who seeks to enter the United States for the purpose of pursuing such a course of study consistent with section 214(m) at an institution of higher education (as described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) or a proprietary institution of higher education (as defined in section 102(b) of such Act ( 20 U.S.C. 1002(b) )) in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security, after consultation with the Secretary of Education, which institution shall have agreed to report to the Secretary of Homeland Security the termination of attendance of each nonimmigrant student, and if any such institution fails to make reports promptly the approval shall be withdrawn; or (II) is engaged in temporary employment for optional practical training related to such alien’s area of study following completion of the course of study described in subclause (I); (ii) who has a residence in a foreign country which the alien has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study, and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with section 214(m) at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by the alien and approved by the Secretary of Homeland Security, after consultation with the Secretary of Education, which institution of learning or place of study shall have agreed to report to the Secretary of Homeland Security the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn; (iii) who is the spouse or minor child of an alien described in clause (i) or (ii) if accompanying or following to join such an alien; or (iv) who is a national of Canada or Mexico, who maintains actual residence and place of abode in the country of nationality, who is described in clause (i) or (ii) except that the alien’s qualifications for and actual course of study may be full or part-time, and who commutes to the United States institution or place of study from Canada or Mexico. . (b) Admission Section 214(b) of the Immigration and Nationality Act ( 8 U.S.C. 1184(b) ) is amended by inserting (F)(i), before (L) or (V) . (c) Conforming amendment Section 214(m)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(m)(1) ) is amended, in the matter preceding subparagraph (A), by striking (i) or (iii) and inserting (i), (ii), or (iv) . (d) Effective date The amendments made by this section shall take effect on October 1, 2014, and shall apply to nonimmigrants who possess or are granted status under section 101(a)(15)(F) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(F)) on or after such date.

https://www.govinfo.gov/content/pkg/BILLS-113hr459ih/xml/BILLS-113hr459ih.xml

113-hr-460

I 113th CONGRESS 1st Session H. R. 460 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. McKinley (for himself, Mrs. Capps , Mrs. Capito , Mr. Young of Florida , Mr. Moran , Mr. Wolf , Mr. Tonko , Mr. Runyan , Mr. Conyers , Ms. Bonamici , Mr. Cicilline , Mr. DeFazio , Mr. Michaud , Mr. Farr , Ms. Pingree of Maine , Mr. Rangel , and Mr. Crenshaw ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XXVII of the Public Health Service Act to limit co-payment, coinsurance, or other cost-sharing requirements applicable to prescription drugs in a specialty drug tier to the dollar amount (or its equivalent) of such requirements applicable to prescription drugs in a non-preferred brand drug tier, and for other purposes. 1. Short title This Act may be cited as the Patients’ Access to Treatments Act of 2013 . 2. Cost-sharing requirements applicable to prescription drugs in a specialty drug tier (a) In general Subpart II of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended by adding at the end the following: 2719B. Cost-sharing requirements applicable to prescription drugs in a specialty drug tier (a) Requirement A group health plan, or a health insurance issuer offering group or individual health insurance, that provides coverage for prescription drugs and uses a formulary or other tiered cost-sharing structure shall not impose cost-sharing requirements applicable to prescription drugs in a specialty drug tier that exceed the dollar amount (or its equivalent) of cost-sharing requirements applicable to prescription drugs in a non-preferred brand drug tier (or prescription drugs in a brand drug tier if there is no non-preferred brand drug tier). (b) Special rule If a formulary used by a group health plan or a health insurance issuer offering group or individual health insurance contains more than one non-preferred brand drug tier, then the requirements of subsection (a) shall be applied with respect to the non-preferred brand drug tier for which beneficiary cost-sharing is lowest. (c) Definitions In this section: (1) The term cost-sharing includes co-payment and coinsurance. (2) The term drug tier means, with respect to a group health plan or health insurance issuer offering group or individual health insurance coverage that uses a formulary or other cost-sharing structure, a category of drugs— (A) within such formulary or structure for which the total dollar amount of cost-sharing requirements for any drug does not vary by more than ten percent from the total dollar amount of cost-sharing requirements for any other drug; and (B) that are prescription drugs. (3) The term non-preferred brand drug tier means, with respect to a group health plan or health insurance issuer offering group or individual health insurance coverage that uses a formulary or other tiered cost-sharing structure, a category of drugs— (A) within a drug tier in such formulary or structure for which beneficiary cost-sharing is greater than drug tiers for generic drugs or preferred brand drugs in the formulary or structure; (B) that are prescription drugs; and (C) that are not included within a specialty drug tier. (4) The term prescription drug means— (A) a drug subject to section 503(b)(1) of the Federal Food, Drug, or Cosmetic Act; and (B) includes a drug described in subparagraph (A) that is a biological product (as defined in section 351(i) of this Act). (5) The term specialty drug tier means, with respect to a group health plan or health insurance issuer offering group or individual health insurance coverage that uses a formulary or other tiered cost-sharing structure, a category of drugs— (A) within a drug tier in such formulary or structure for which beneficiary cost-sharing is greater than drug tiers for generic drugs, preferred brand drugs, or non-preferred drugs in the plan’s formulary; and (B) that are prescription drugs. . (b) Effective date Section 2719B of the Public Health Service Act, as added by subsection (a), applies to plan years beginning on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr460ih/xml/BILLS-113hr460ih.xml

113-hr-461

I 113th CONGRESS 1st Session H. R. 461 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Bishop of Utah (for himself, Mr. Chaffetz , Mr. Matheson , and Mr. Stewart ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to increase the maximum age limit for an original appointment to a position as a Federal law enforcement officer in the case of any individual who has been discharged or released from active duty in the Armed Forces under honorable conditions, and for other purposes. 1. Increase in maximum age limit (a) Positions subject to CSRS Section 3307(d) of title 5, United States Code, is amended— (1) by striking (d) The and inserting (d)(1) Except as provided in paragraph (2), the ; and (2) by adding at the end the following: (2) The maximum limit of age within which an original appointment may be made to a position as a law enforcement officer (as defined by section 8331(20)) shall, in the case of an individual who, before the effective date of such appointment, was discharged or released from active duty in the armed forces under honorable conditions, be 40 years of age. . (b) Positions subject to FERS Section 3307(e) of title 5, United States Code, is amended— (1) in paragraph (1), by striking Except as provided in paragraph (2), and inserting Except as provided in paragraph (2) or (3), ; and (2) by adding at the end the following: (3) The maximum age limit for an original appointment to a position as a law enforcement officer (as defined by section 8401(17)) shall, in the case of an individual who, before the effective date of such appointment, was discharged or released from active duty in the armed forces under honorable conditions, be 40 years of age. . 2. Amendments to prevent mandatory separation before becoming eligible to retire (a) Amendment relating to CSRS Section 8335(b) of title 5, United States Code, is amended by adding at the end the following: (3) In the case of an employee who, before the date of such employee’s original appointment to a position as a law enforcement officer, was discharged or released from active duty in the armed forces under honorable conditions, paragraph (1) shall be applied— (A) by substituting 60 for 57 ; and (B) by substituting 63 years for 60 years . . (b) Amendment relating to FERS Section 8425(b) of title 5, United States Code, is amended by adding at the end the following: (3) In the case of an employee who, before the date of such employee’s original appointment to a position as a law enforcement officer (as defined by section 8331(20) or 8401(17)), was discharged or released from active duty in the armed forces under honorable conditions, paragraph (1) shall be applied— (A) by substituting 60 for 57 ; and (B) by substituting 63 years for 60 years . . 3. Effective date (a) Amendments relating to maximum age limit The amendments made by section 1 shall apply with respect to appointments made after the end of the 6-month period beginning on the date of the enactment of this Act. (b) Amendments relating to mandatory separation The amendments made by section 2 shall apply with respect to individuals originally appointed as law enforcement officers (within the meaning of the amendment made by subsection (a) or (b) of section 2, as appropriate) after the end of the 6-month period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr461ih/xml/BILLS-113hr461ih.xml

113-hr-462

I 113th CONGRESS 1st Session H. R. 462 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Bishop of Utah (for himself, Mr. Chaffetz , Mr. Matheson , and Mr. Stewart ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the conveyance of certain public land within the boundaries of Camp Williams, Utah, to support the training and readiness of the Utah National Guard. 1. Short title This Act may be cited as the Utah National Guard Readiness Act . 2. Land conveyance, Camp Williams, Utah (a) Conveyance required Not later than 120 days after the date of the enactment of this Act, the Secretary of the Interior, acting through the Bureau of Land Management, shall convey, without consideration, to the State of Utah all right, title, and interest of the United States in and to certain lands comprising approximately 420 acres, as generally depicted on a map entitled Proposed Camp Williams Land Transfer and dated June 14, 2011, which are located within the boundaries of the public lands currently withdrawn for military use by the Utah National Guard and known as Camp Williams, Utah, for the purpose of permitting the Utah National Guard to use the conveyed land as provided in subsection (c). (b) Supersedence of executive order Executive Order No. 1922 of April 24, 1914, as amended by section 907 of the Camp W.G. Williams Land Exchange Act of 1989 (title IX of Public Law 101–628 ; 104 Stat. 4501), is hereby superseded, only insofar as it affects the lands identified for conveyance to the State of Utah under subsection (a). (c) Reversionary interest The lands conveyed to the State of Utah under subsection (a) shall revert to the United States if the Secretary of Defense determines that the land, or any portion thereof, is sold or attempted to be sold, or that the land, or any portion thereof, is used for non-National Guard or non-national defense purposes. (d) Hazardous materials With respect to any portion of the land conveyed under subsection (a) that the Secretary of Defense determines is subject to reversion under subsection (c), if the Secretary of Defense also determines that the portion of the conveyed land contains hazardous materials, the State of Utah shall pay the United States an amount equal to the fair market value of that portion of the land, and the reversionary interest shall not apply to that portion of the land.

https://www.govinfo.gov/content/pkg/BILLS-113hr462ih/xml/BILLS-113hr462ih.xml

113-hr-463

I 113th CONGRESS 1st Session H. R. 463 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mrs. Black introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to reform the provisions relating to status under section 101(a)(15)(U) of that Act. 1. Eligibility Section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U) ) is amended— (1) by amending clause (ii) to read as follows: (ii) the spouse and children of an alien described in clause (i), if accompanying or following to join the alien; and ; and (2) in clause (iii), by striking or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes; . 2. Duration of status (a) In general Section 214(p)(6) of such Act ( 8 U.S.C. 1184(p)(6) ) is amended to read as follows: (6) Duration of status The authorized period of status of an alien as a nonimmigrant under section 101(a)(15)(U) shall be not more than the shorter of 3 years or the period of limitations prescribed in the applicable law governing the criminal activity described in section 101(a)(15)(U)(iii). Such authorized period of status shall be extended upon certification from a Federal, State, or local law enforcement official, prosecutor, judge, or other Federal, State, or local authority investigating or prosecuting criminal activity described in section 101(a)(15)(U)(iii) that the alien's presence in the United States is required to assist in the investigation or prosecution of such criminal activity. The Secretary of Homeland Security may extend, beyond the period authorized under this section, the authorized period of status of an alien as a nonimmigrant under section 101(a)(15)(U) if the Secretary determines that an extension of such period is warranted due to exceptional circumstances. The Secretary may grant work authorization to any alien who has a pending, bona fide application for nonimmigrant status under section 101(a)(15)(U). . (b) Limitation on adjustment of status Section 245 of such Act ( 8 U.S.C. 1255 ) is amended by striking subsection (m).

https://www.govinfo.gov/content/pkg/BILLS-113hr463ih/xml/BILLS-113hr463ih.xml

113-hr-464

I 113th CONGRESS 1st Session H. R. 464 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Capuano introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to reduce the limit on the amount of certain contributions which may be made to a candidate with respect to an election for Federal office. 1. Reduction in Contribution Limits for Contributions to Individual Candidates (a) Reduction in Limit Section 315(a)(1)(A) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441a(a)(1)(A) ) is amended by striking $2,000 and inserting $1,000 . (b) Application of Indexing (1) In general Section 315(c)(1)(B) of such Act ( 2 U.S.C. 441a(c)(1)(B) ) is amended by striking after 2002 and inserting after 2002 (or, in the case of the limitation established under subsection (a)(1)(A), after 2016) . (2) Determination of base period Section 315(c)(2)(B) of such Act (2 U.S.C. 441a(c)(2)(B)) is amended— (A) in clause (i), by striking and at the end; (B) in clause (ii)— (i) by striking (a)(1)(A), , and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new clause: (iii) for purposes of subsection (a)(1)(A), calendar year 2015. . 2. Effective Date The amendments made by this Act shall apply with respect to elections occurring after December 2014.

https://www.govinfo.gov/content/pkg/BILLS-113hr464ih/xml/BILLS-113hr464ih.xml

113-hr-465

I 113th CONGRESS 1st Session H. R. 465 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Capuano introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to prohibit the conversion of leadership PAC funds to personal use. 1. Short Title This Act may be cited as the Leadership PAC Limitation Act . 2. Prohibiting Conversion of Leadership PAC Funds to Personal Use (a) Prohibition Section 313(b)(1) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 439a(b)(1) ) is amended by inserting after subsection (a) the following: or funds of a leadership PAC (as defined in section 304(i)(8)(B)) . (b) Effective Date The amendment made by subsection (a) shall apply with respect to elections occurring on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr465ih/xml/BILLS-113hr465ih.xml

113-hr-466

I 113th CONGRESS 1st Session H. R. 466 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Capuano 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 prohibit the Commissioner of Social Security from publishing the social security numbers of deceased individuals in the Death Master File, and for other purposes. 1. Short title This Act may be cited as the Social Security Death Master File Privacy Act of 2013 . 2. Prohibition on publication of social security account numbers in the Death Master File (a) In general Section 205(c)(2) of the Social Security Act ( 42 U.S.C. 405(c)(2) ) is amended by adding at the end the following: (I) (i) The Commissioner of Social Security may not publish in the Death Master File (or any other public database maintained by the Commissioner that contains information relating to the death of individuals) the social security account number of any deceased individual. (ii) The Commissioner shall not be compelled to disclose the social security account number of any deceased individual to any member of the public under section 552 of title 5, United States Code. For purposes of such section, this clause shall be considered a statute described in subsection (b)(3)(B) of such section. . (b) Information sharing with Federal and State agencies Section 205(r)(3) of such Act ( 42 U.S.C. 405(r)(3) ) is amended by inserting after such information the following: (including information related to a deceased individual received by the Commissioner other than as described in paragraph (1)) . (c) Effective date The amendments made by this section shall take effect 90 days after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr466ih/xml/BILLS-113hr466ih.xml

113-hr-467

I 113th CONGRESS 1st Session H. R. 467 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Connolly introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XIX of the Social Security Act to redistribute Federal funds that would otherwise be made available to States that do not provide for the Medicaid expansion in accordance with the Affordable Care Act to those States electing to provide those Medicaid benefits. 1. Short title This Act may be cited as the Medicaid Expansion Incentive Act of 2013 . 2. Redistribution of Federal Medicaid funds to States electing to meet ACA Medicaid expansion requirements from States not so electing (a) In general Section 1903 of the Social Security Act ( 42 U.S.C. 1396b ) is amended by adding at the end the following new subsection: (aa) Bonus for States electing To meet ACA Medicaid expansion requirements from funds made available by other States not electing To meet those requirements (1) In general In the case of a participating State for a fiscal year as determined under paragraph (2), in accordance with regulations of the Secretary, the State shall be entitled to an increase in payments under its State plan under this title in an amount determined under paragraph (3) of the Secretary’s estimate of the net reduction in Federal expenditures for nonparticipating States (including the amount of the additional Federal financial participation under this title that otherwise would have been paid to such States if they were participating States) during the fiscal year as a result of such States not applying the ACA Medicaid expansion requirements. (2) Notice regarding participation (A) In general Before the beginning of each fiscal year (beginning with fiscal year 2014) each of the 50 States and the District of Columbia is requested to inform the Secretary, in a form and manner specified by the Secretary and accompanied by such assurances regarding State plan amendments as the Secretary may specify, if the State will be applying its State plan under this title for such fiscal year in accordance with the requirements specified in the amendments made by paragraphs (1) and (2) of section 2001(a) of the Patient Protection and Affordable Care Act (in this subsection referred to as the ACA Medicaid expansion requirements ), which include requirements described in— (i) section 1902(a)(10)(A)(I)(VIII); and (ii) section 1902(k). The Secretary shall not accept information submitted under this subparagraph for a fiscal year after the beginning of the fiscal year involved. (B) Determination of participating and nonparticipating States Taking into account the information submitted under subparagraph (A) for a fiscal year, the Secretary shall determine for the fiscal year which of the 50 States and the District of Columbia will be applying the ACA Medicaid expansion requirements for the fiscal year and which will not. For purposes of this subsection— (i) each State or District determined to be applying such requirements for a fiscal year is referred to as a participating State for such fiscal year; and (ii) each State or District determined not to be applying such requirements for a fiscal year is referred to as a nonparticipating State for such fiscal year. (3) Amount of increase The Secretary shall compute the increase in payments under this subsection for a participating State for a fiscal year, to the extent of available funds, in accordance with a formula specified by the Secretary. Within the amount of available funds, such formula may take into account elements such as— (A) increasing to 100 percent the FMAP for newly eligible mandatory individuals; (B) increasing the matching percentage for administrative costs attributable to application of ACA Medicaid expansion requirements; and (C) an increase in DSH allotments. (4) Publication of information on estimated impact of nonparticipation The Secretary shall publish for each nonparticipating State for each fiscal year— (A) the amount of the additional Federal funds under this title for the fiscal year that the Secretary estimates the State has forgone as a result of its not being a participating State for such fiscal year; and (B) the number of additional beneficiaries that would have been covered under the State plan under this title in the fiscal year if the State had been a participating State for the fiscal year. .

https://www.govinfo.gov/content/pkg/BILLS-113hr467ih/xml/BILLS-113hr467ih.xml

113-hr-468

I 113th CONGRESS 1st Session H. R. 468 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Connolly introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 5, United States Code, to provide that payments under the Federal employees’ group life insurance program shall be made in a lump sum, unless the insured or the recipient elects otherwise. 1. Short title This Act may be cited as the Federal Life Insurance Transparency Act . 2. Amendment relating to form of payment (a) In general Section 8705 of title 5, United States Code, is amended by adding at the end the following: (f) (1) Group life insurance and group accidental death insurance payable under this chapter, by reason of the death of an employee, shall be paid in the form determined as follows: (A) In the form of payment elected by the person to whom the payment is to be made. (B) In the absence of an election under subparagraph (A), in the form of payment elected by the employee. (C) In the absence of an election under subparagraphs (A) and (B), in the form of a lump-sum payment. (2) An election under subparagraph (A) or (B) of paragraph (1) shall not be effective unless it is made in such form and manner as the Office may require. (3) The Office shall prescribe any regulations necessary to carry out this subsection. Such regulations shall provide for at least 1 alternative form of payment besides the form of payment described in paragraph (1)(C). . (b) Effective date The amendment made by subsection (a) shall apply in the case of any employee (as defined by section 8701 of title 5, United States Code) who becomes insured in any calendar year beginning at least 3 months after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr468ih/xml/BILLS-113hr468ih.xml

113-hr-469

I 113th CONGRESS 1st Session H. R. 469 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Connolly introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To reduce the heat island effect and associated ground level ozone pollution from Federal facilities. 1. Short title This Act may be cited as the Heat Island and Smog Reduction Act of 2013 . 2. Findings The Congress finds the following: (1) Parking lots, dark-colored rooftops, and lack of tree canopy in urban areas causes the heat island effect, wherein urban areas are significantly hotter than surrounding rural areas due to solar heat being collected by components of the built environment. (2) According to the EPA, this heat island effect can raise afternoon-to-evening temperatures of urban areas by up to 22 degrees Fahrenheit compared to surrounding rural areas. (3) Higher air temperatures in urban areas lead to higher levels of ground level ozone pollution, commonly known as smog. (4) In hot weather, each additional degree Celsius in heat causes approximately a 5-percent increase in smog pollution, according to Lawrence Berkley National Laboratory studies. (5) Negative health impacts of smog include increased incidence of asthma, throat irritation, scarring of lung tissue, emphysema, and premature death. (6) The urban heat island effect increases electricity demand associated with air-conditioning; conversely, heat island mitigation through increased tree canopy can reduce air-conditioning costs by up to 50 percent, creating potential cost savings through lower Federal energy bills. (7) According to the Lawrence Berkley National Laboratory, the urban heat island is responsible for 10 to 15 percent of peak electric demand, so mitigating the urban heat island effect will improve the reliability of the power grid by reducing peak demand. (8) Urban heat island temperatures can be lowered by increasing tree canopy and by using paving and roofing materials with higher solar reflectivity. (9) Many metropolitan regions that include substantial Federal property, including the National Capital Region, fail to meet air quality standards for ozone. 3. Heat island reduction plans for Federal properties and facilities (a) In general Not later than April 1, 2014, each Federal department or agency shall develop a heat island reduction plan for all Federal property and facilities that are— (1) under the possession or control of such department or agency; and (2) located in an area that is designated under section 107(d) of the Clean Air Act ( 42 U.S.C. 7407(d) ) as being in nonattainment with respect to the national ambient air quality standards for ozone. (b) Contents Each heat island reduction plan under this section shall include measures— (1) to maximize tree cover on Federal property; and (2) to increase solar reflectivity through techniques such as using roofs with high solar reflectivity (cool roofs), vegetated roofs, and paving materials with higher solar reflectivity. (c) Annual report Not later than one year after the date of the enactment of this Act, and annually thereafter, the Administrator of the General Services Administration shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report assessing the progress of Federal departments and agencies in developing and implementing heat island reduction plans under this section.

https://www.govinfo.gov/content/pkg/BILLS-113hr469ih/xml/BILLS-113hr469ih.xml

113-hr-470

I 113th CONGRESS 1st Session H. R. 470 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Connolly introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To improve the efficiency of Federal Executive Boards to enhance the coordination, economy, and effectiveness of Federal agency activities, including emergency preparedness and continuity of operations, in geographic areas outside the Washington, DC, metropolitan area. 1. Short title This Act may be cited as the Federal Executive Board Efficiency Act . 2. Federal executive boards (a) In general Chapter 11 of title 5, United States Code, is amended by adding at the end the following: 1106. Federal executive boards (a) Purposes The purposes of this section are to— (1) strengthen the coordination of Government activities; (2) facilitate interagency collaboration to improve the efficiency and effectiveness of Federal programs; (3) facilitate communication and collaboration on Federal emergency preparedness and continuity of operations for the Federal workforce in applicable geographic areas; and (4) provide stable funding for Federal Executive Boards. (b) Definitions In this section: (1) Agency The term agency — (A) means an Executive agency as defined under section 105; and (B) shall not include the Government Accountability Office. (2) Director The term Director means the Director of the Office of Personnel Management. (3) Federal executive board The term Federal Executive Board means an interagency entity established by the Director, in consultation with the headquarters of appropriate agencies, in a geographic area with a high concentration of Federal employees outside the Washington, DC, metropolitan area to strengthen the management and administration of agency activities and coordination among local Federal officers to implement national initiatives in that geographic area. (c) Establishment (1) In general The Director shall establish Federal Executive Boards in geographic areas outside the Washington, DC, metropolitan area. Before establishing Federal Executive Boards that are not in existence on the date of enactment of this section, the Director shall consult with the headquarters of appropriate agencies to determine the number and location of the Federal Executive Boards. (2) Membership Each Federal Executive Board for a geographic area shall consist of an appropriate senior officer for each agency in that geographic area. The appropriate senior officer may designate, by title of office, an alternate representative who shall attend meetings and otherwise represent the agency on the Federal Executive Board in the absence of the appropriate senior officer. An alternate representative shall be a senior officer in the agency. (3) Location of federal executive boards In determining the location for the establishment of Federal Executive Boards, the Director shall consider— (A) whether a Federal Executive Board exists in a geographic area on the date of enactment of this section; (B) whether a geographic area has a strong, viable, and active Federal Executive Association; (C) whether the Federal Executive Association of a geographic area petitions the Director to become a Federal Executive Board; and (D) such other factors as the Director and the headquarters of appropriate agencies consider relevant. (d) Administration and oversight (1) In general The Director shall provide for the administration and oversight of Federal Executive Boards, including— (A) establishing staffing policies in consultation with the headquarters of agencies participating in Federal Executive Boards; (B) designating an agency to staff each Federal Executive Board based on recommendations from that Federal Executive Board; (C) establishing communications policies for the dissemination of information to agencies; (D) in consultation with the headquarters of appropriate agencies, establishing performance standards for the Federal Executive Board staff; (E) developing accountability initiatives to ensure Federal Executive Boards are meeting performance standards; and (F) administering Federal Executive Board funding through the fund established in subsection (f). (2) Staffing In making designations under paragraph (1)(B), the Director shall give preference to agencies staffing Federal Executive Boards. (e) Governance and activities (1) In general Each Federal Executive Board shall— (A) subject to the approval of the Director, adopt by-laws or other rules for the internal governance of the Federal Executive Board; (B) elect a Chairperson from among the members of the Federal Executive Board, who shall serve for a set term; (C) serve as an instrument of outreach for the national headquarters of agencies relating to agency activities in the geographic area; (D) provide a forum for the exchange of information relating to programs and management methods and problems— (i) between the national headquarters of agencies and the field; and (ii) among field elements in the geographic area; (E) develop local coordinated approaches to the development and operation of programs that have common characteristics; (F) communicate management initiatives and other concerns from Federal officers and employees in the Washington, DC, area to Federal officers and employees in the geographic area to achieve better mutual understanding and support; (G) develop relationships with State and local governments and nongovernmental organizations to help fulfill the roles and responsibilities of that Board; (H) in coordination with appropriate agencies and consistent with any relevant memoranda of understanding between the Office of Personnel Management and such agencies, facilitate communication, collaboration, and training to prepare the Federal workforce for emergencies and continuity of operations; and (I) take other actions as agreed to by the Federal Executive Board and the Director. (2) Coordination of certain activities The facilitation of communication, collaboration, and training described under paragraph (1)(H) shall, when appropriate, be coordinated and defined through memoranda of understanding entered into between the Director and headquarters of appropriate agencies. (f) Funding (1) Establishment of fund The Director shall establish a fund within the Office of Personnel Management for financing essential Federal Executive Board functions— (A) including basic staffing and operating expenses; and (B) excluding the costs of the Office of Personnel Management relating to administrative and oversight activities conducted under subsection (d). (2) Deposits There shall be deposited in the fund established under paragraph (1) contributions from the headquarters of each agency participating in Federal Executive Boards, in an amount determined by a formula established by the Director, in consultation with the headquarters of such agencies and the Office of Management and Budget. (3) Contributions (A) Formula The formula for contributions established by the Director shall consider the number of employees in each agency in all geographic areas served by Federal Executive Boards. The contribution of the headquarters of each agency to the fund shall be recalculated at least every 2 years. (B) In-kind contributions At the sole discretion of the Director, the headquarters of an agency may provide in-kind contributions instead of providing monetary contributions to the fund. (4) Use of excess amounts Any unobligated and unexpended balances in the fund which the Director determines to be in excess of amounts needed for essential Federal Executive Board functions shall be allocated by the Director, in consultation with the headquarters of agencies participating in Federal Executive Boards, among the Federal Executive Boards for the activities under subsection (e) and other priorities, such as conducting training. (5) Administrative and oversight costs The Office of Personnel Management shall pay for costs relating to administrative and oversight activities conducted under subsection (d) from appropriations made available to the Office of Personnel Management. (g) Reports The Director shall submit annual reports to Congress and agencies on Federal Executive Board program outcomes and budget matters. (h) Regulations The Director shall prescribe regulations necessary to carry out this section. . (b) Report Not later than 60 days after the date of enactment of this Act, the Director of the Office of Personnel Management shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives that includes— (1) a description of essential Federal Executive Board functions; (2) details of basic staffing requirements for each Federal Executive Board; (3) estimates of basic staffing and operating expenses for each Federal Executive Board; and (4) a comparison of basic staffing and operating expenses for Federal Executive Boards operating before the date of enactment of this Act and such expenses for Federal Executive Boards after the implementation of this Act. (c) Technical and conforming amendments The table of sections for chapter 11 of title 5, United States Code, is amended by inserting after the item relating to section 1105 the following: 1106. Federal Executive Boards. .

https://www.govinfo.gov/content/pkg/BILLS-113hr470ih/xml/BILLS-113hr470ih.xml

113-hr-471

I 113th CONGRESS 1st Session H. R. 471 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Connolly introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for the more accurate computation of retirement benefits for certain firefighters employed by the Federal Government. 1. Short title This Act may be cited as the Federal Firefighter Pay Equity Act . 2. Findings and purpose (a) Findings Congress finds that— (1) certain firefighters employed by the Federal Government are required by law to work a regular tour of duty consisting of 72 hours per week; (2) 19 of those 72 hours per week are considered to be overtime hours for purposes of computing pay; (3) the pay computed for those 19 overtime hours each week are not accurately accounted for when computing such firefighters’ retirement benefits; and (4) those inaccurate computations have led to reduced retirement benefits for Federal firefighters. (b) Purpose The purpose of this Act is to correct the manner in which retirement benefits for Federal firefighters are computed so as to account for pay earned for regularly scheduled overtime hours during a normal tour of duty. 3. Computation of annuity based on certain firefighter service (a) In general Section 5545b of title 5, United States Code, is amended by adding at the end the following: (e) For purposes of any determination of average pay under section 8331(4) or 8401(3), in the case of a firefighter who is subject to subsection (b), the rate of basic pay in effect for such firefighter for a year of creditable service (or, in the case of an annuity under subsection (d) or (e)(1) of section 8341 or under chapter 84 based on less than 3 years of creditable service, for any other period of creditable service) shall, in addition to the amount determined under subsection (b) for such year (or other period), include an amount equal to one-half the firefighter’s basic hourly rate (as computed under subsection (b)(1)(A)) for such year (or other period) times the number of overtime hours included as part of such firefighter’s regular tour of duty during such year (or other period). . (b) Conforming amendments Sections 8331(4) and 8401(3) of title 5, United States Code, are amended by striking the semicolon at the end and inserting , subject to section 5545b(e); . 4. Effective date The amendments made by this Act shall apply with respect to any annuity, entitlement to which is based on a separation from service occurring after the end of the 60-day period beginning on the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr471ih/xml/BILLS-113hr471ih.xml

113-hr-472

I 113th CONGRESS 1st Session H. R. 472 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Connolly introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committees on Armed Services , Transportation and Infrastructure , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reduce Federal expenditures associated with data center real estate and electricity consumption, to implement savings reductions proposed by Federal employees, to reduce energy costs across Federal Executive agencies, and for other purposes. 1. Short title and table of contents (a) Short title This Act may be cited as the Federal Cost Reduction Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Reduction and consolidation of data centers. Sec. 5. GSA reports. Sec. 6. Reduction of printing. Sec. 7. Implementation of Federal employee cost savings proposals. Sec. 8. Power purchase agreement program. Sec. 9. Federal facility energy efficiency and renewable energy projects fund. Sec. 10. Incentives for Executive agencies for utility energy savings contracts. Sec. 11. Renewable energy facilities surveys by Executive agencies. Sec. 12. Adoption of personal computer power savings techniques by Executive agencies. Sec. 13. Federal energy management and data collection standard. Sec. 14. Advanced metering best practices for advanced metering. Sec. 15. Availability of funds for design updates. Sec. 16. Continuous commissioning within the Federal building stock. Sec. 17. Elimination of State matching requirement for energy efficiency upgrades at National Guard and reserve armories and readiness centers. 2. Findings Congress finds the following: (1) The number of Federal data centers has quintupled over the past decade from 400 to more than 2,000. (2) Data center consolidation, including data centers of the House of Representatives, has reduced electricity expenses and requisite real estate where it has been pursued. (3) Federal energy expenses exceed $24 billion annually, while most existing Federal facilities do not meet efficiency standards that are expected for new Federal construction. (4) Contract period limitations of 10 years for Federal Executive agencies limit deployment of domestic energy sources that could reduce long-term Federal energy expenses. (5) Energy saving performance contracts can offer low or zero cost options for improving energy efficiency in Federal facilities. (6) The Federal Government spends $1.3 billion annually on employee printing. (7) Federal employees estimate that they immediately recycle 35 percent of all paper printed, equating to $440.4 million in potential annual savings. (8) Only 9 percent of Federal Executive agencies have automatic duplex printing. (9) The Department of Veterans Affairs has developed an acquisition personnel training center to improve Federal employee productivity and reduce employee turnover. (10) Federal employees have proposed more than 18,000 ways to save taxpayer money through the Save Awards . 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Oversight and Government Reform of the House of Representatives; and (B) the Committee on Homeland Security and Governmental Affairs of the Senate. (2) Energy savings performance contract The term energy savings performance contract means a contract that provides for the performance of services for the design, acquisition, installation, testing, operation, and, where appropriate, maintenance and repair of an identified energy conservation measure or series of measures at one or more locations. (3) Federal data center The term Federal data center — (A) means a room within a conventional building that is devoted to data processing servers, including server closets that are typically less than 200 square feet and server rooms that are typically less than 500 square feet; (B) means larger floor spaces or entire buildings dedicated to housing servers, storage devices, and network equipment; and (C) does not include any facilities that are exclusively devoted to communications and network equipment (such as telephone exchanges and telecommunications rooms and closets). (4) Executive agency Except as provided in section 8, the term Executive agency has the meaning given that term in section 105 of title 5, United States Code. 4. Reduction and consolidation of data centers (a) OMB recommendation Not later than 6 months after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services and the heads of other Executive agencies, shall issue recommendations for reducing or consolidating the number of Federal data centers in existence as of the date of the enactment of this Act— (1) by at least 40 percent not later than September 30, 2018; and (2) by at least 80 percent not later than September 30, 2023. (b) Reduction of data centers Not later than 6 months after the issuance of recommendations by the Director of the Office of Management and Budget under subsection (a), the head of each Executive agency shall implement the recommendations by reducing the number of Federal data centers in accordance with such recommendations. 5. GSA reports (a) Report on reducing real estate costs and energy expenditures Not later than one year after the date of the enactment of this Act, the Administrator of General Services shall submit to the appropriate congressional committees a report on the following: (1) Recommendations to reduce long-term real estate costs through consolidating or eliminating leased space and any additional authority that might be necessary to replace leased space with owned space if the payback period is 15 years or fewer. (2) A description of a plan by the General Services Administration to use energy saving performance contracts and other low-capital investments to reduce energy expenditures. (b) Report and plan To reduce Federal automobile parking expenses (1) Initial report Not later than 6 months after the date of the enactment of this Act, the Administrator of General Services shall submit to the Congress a report on the annual expense for each of fiscal years 2002 through 2012 for Federal employee parking, including— (A) parking spaces and parking facilities that are leased or owned by the Federal Government; (B) maintenance and construction costs for such spaces and facilities; and (C) the total construction costs for parking facilities that are used by Federal employees for fiscal years 2002 through 2012. (2) Plan to reduce parking expenses Not later than one year after the date of the enactment of this Act, the General Services Administration shall submit a report to Congress that includes a plan, using existing agency authorities, to reduce the expense for Federal employee parking by at least five percent annually for each of the next 5 fiscal years after date of enactment of this Act. 6. Reduction of printing Not later than 6 months after the date of the enactment of this Act, each Executive agency shall establish a plan to reduce by 35 percent the volume of material printed during fiscal year 2013 for each of fiscal years 2014 through 2024, including a requirement for duplex printing as the default setting on all Federal printers and copiers, where applicable, and shall submit such plan to the Office of the Environmental Executive. 7. Implementation of Federal employee cost savings proposals Not later than 12 months after the date of the enactment of this Act, the Director of the Office of Personnel Management shall submit to the appropriate congressional committees a plan to implement Federal employee cost savings proposals. 8. Power purchase agreement program (a) Definitions In this section: (1) Cost-effective The term cost-effective means, with respect to a power purchase agreement entered into by the head of an Executive agency for a Federal facility that is owned or controlled by the Executive agency, that the 30-year average cost for the purchase of electricity under the power purchase agreement from 1 or more renewable energy generating systems is not greater than an amount equal to 110 percent of the cost of an equal quantity of electricity from the current electricity supplier of the Federal facility, taking into consideration each— (A) applicable cost, including any cost resulting from— (i) a demand charge; (ii) an applicable rider; (iii) a fuel adjustment charge; or (iv) any other surcharge; and (B) reasonably anticipated increase in the cost of the electricity resulting from— (i) inflation; (ii) increased regulatory requirements; (iii) decreased availability of fossil fuels; and (iv) any other factor that may increase the cost of electricity. (2) Executive agency The term Executive agency has the meaning given the term in section 133 of title 41, United States Code. (3) Federal facility The term Federal facility has the meaning given the term facility in section 543(f)(1)(C) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(f)(1)(C) ). (4) Government corporation The term Government corporation has the meaning given the term in section 103 of title 5, United States Code. (5) Renewable energy source The term renewable energy source has the meaning given the term in section 551 of the National Energy Conservation Policy Act ( 42 U.S.C. 8259 ). (b) Power purchase agreement projects (1) Authorization of heads of executive agencies In accordance with paragraphs (2) and (3), the head of each Executive agency or a designee may establish 1 or more projects under which the head of the Executive agency may offer to enter into power purchase agreements during the 10-year period beginning on the date of enactment of this Act for the purchase of electricity from 1 or more Federal facilities that are owned or controlled by the Executive agency from renewable energy sources located at the Federal facility. (2) Cost-effective requirement A head of an Executive agency described in paragraph (1) may offer to enter into a power purchase agreement described in that paragraph only if the power purchase agreement is cost-effective. (3) Term of power purchase agreement Notwithstanding any other provision of law (including regulations), the term of a power purchase agreement described in paragraph (1) may not be longer than a period of 30 years. (4) Allocation of incremental costs Each head of an Executive agency (including the Administrator of General Services) who enters into a power purchase agreement under paragraph (1) for the purchase of electricity at a Federal facility that is owned or controlled by the Executive agency for distribution to 1 or more other Executive agencies shall allocate, on an annual basis for the period covered by the power purchase agreement, the incremental cost or incremental savings of the power purchase agreement for the purchase of electricity at a Federal facility from renewable energy sources (as compared to the cost of electricity from the electricity supplier of the Federal facility) among each user of the Federal facility based on the proportion that— (A) the electricity usage of the user of the Federal facility; bears to (B) the aggregate electricity usage of all users of the Federal facility. (c) Power purchase agreements with multiple Federal facilities An Executive agency may enter into an interagency agreement as part of a power purchase agreement that involves more than 1 Federal facility. (d) Negotiated rate as basis for determining cost effectiveness of future energy efficiency or renewable energy projects An Executive agency that enters into a power purchase agreement may not use the negotiated rate as a basis for determining the business case or economic feasibility of future energy efficiency or renewable energy projects. (e) Regulations The Secretary of Energy shall promulgate such regulations as are necessary to carry out this section. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as are necessary for each of fiscal years 2014 through 2017, to remain available until expended. 9. Federal facility energy efficiency and renewable energy projects fund (a) Establishment There is established in the Treasury of the United States a revolving fund, to be known as the Federal Facility Energy Efficiency and Renewable Energy Projects Fund (referred to in this section as the Fund ), consisting of such amounts as are appropriated to the Fund under subsection (b). (b) Transfers to fund (1) Authorization of appropriations There are authorized to be appropriated to the Fund $500,000,000, to remain available until expended. (2) Loan repayments There are appropriated to the Fund, out of funds of the Treasury not otherwise appropriated, amounts equivalent to loan amounts repaid and received in the Treasury under subsection (e). (c) Expenditures from fund (1) In general Subject to paragraph (2), on request by the Secretary of Energy (referred to in this section as the Secretary ), the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide assistance for energy efficiency and renewable energy projects carried out at Federal facilities in accordance with subsection (e). (2) Administrative expenses An amount not exceeding 10 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this section. (d) Transfers of amounts (1) In general The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Federal facility energy efficiency and renewable energy projects fund program (1) In general The Secretary shall establish a Federal facility energy efficiency and renewable energy projects fund program under which the Secretary shall make loans to Executive agencies to assist the agencies in reducing energy use and related purposes, as determined by the Secretary. (2) Guidelines for applications Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidelines for Executive agencies to submit applications for loans under this subsection. (3) Eligibility Each Executive agency shall be eligible to submit an application for a loan under this subsection. (4) Loan awards (A) In general The Secretary shall award loans under this subsection on a competitive basis. (B) Allocation The Secretary shall convene a committee of Executive agencies to determine allocation from the Fund to carry out this subsection after a competitive assessment of the technical and economic effectiveness of each application for a loan under this subsection. (C) Selection In determining whether to provide a loan to an Executive agency for a project under this subsection, the Secretary shall consider— (i) the cost-effectiveness of the project; (ii) the amount of energy and cost savings anticipated to the Federal Government; (iii) the amount of funding committed to the project by the agency; (iv) the extent that a project will leverage financing from other non-Federal sources; and (v) any other factor that the Secretary determines will result in the greatest amount of energy and cost savings to the Federal Government. 10. Incentives for Executive agencies for utility energy savings contracts Not later than 180 days after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense and the Administrator of General Services, shall promulgate regulations that enable Executive agencies to retain the financial savings that result from entering into utility energy savings contracts. 11. Renewable energy facilities surveys by Executive agencies (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense and the Administrator of General Services, shall promulgate regulations that establish appropriate methods and procedures for use by Executive agencies to implement, unless inconsistent with the mission of the Executive agencies or impracticable due to environmental constraints, the identification of all potential locations at Federal facilities of the agencies for renewable energy projects (including available land, building roofs, and parking structures). (b) Identification of potential locations Not later than 1 year after the date of the promulgation of regulations under subsection (a), each Executive agency shall complete the report of the agency that identifies potential locations described in subsection (a). 12. Adoption of personal computer power savings techniques by Executive agencies (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense, the Secretary of Veterans Affairs, and the Administrator of General Services, shall issue guidance for Executive agencies to employ advanced tools allowing energy savings through the use of computer hardware, energy efficiency software, and power management tools. (b) Reports on plans and savings Not later than 90 days after the date of the issuance of the guidance under subsection (a), each Executive agency shall submit to the Secretary of Energy a report that describes— (1) the plan of the agency for implementing the guidance within the agency; and (2) estimated energy and financial savings from employing the tools described in subsection (a). 13. Federal energy management and data collection standard (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Energy, in consultation with the Secretary of Defense, the Administrator of General Services, the Office of Science and Technology Policy, and relevant industry and nonprofit groups, shall develop and issue guidance on a Federal energy management and data collection standard. (b) Requirements Guidance described in subsection (a) shall include, at a minimum, a plan for the General Services Administration to publish energy consumption data for individual Federal facilities on a single, searchable website, accessible by the public at no cost to access. 14. Advanced metering best practices for advanced metering Section 543(e) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(e) ) is amended by striking paragraph (3) and inserting the following: (3) Plan (A) In general Not later than 180 days after the date on which guidelines are established under paragraph (2), in a report submitted by the agency under section 548(a), each agency shall submit to the Secretary a plan describing the manner in which the agency will implement the requirements of paragraph (1), including— (i) how the agency will designate personnel primarily responsible for achieving the requirements; and (ii) a demonstration by the agency, complete with documentation, of any finding that advanced meters or advanced metering devices (as those terms are used in paragraph (1)), are not practicable. (B) Updates Reports submitted under subparagraph (A) shall be updated annually. (4) Best practices report (A) In general Not later than 180 days after the date of enactment of the Federal Cost Reduction Act of 2013 , the Secretary of Energy, in consultation with the Secretary of Defense and the Administrator of General Services, shall develop, and issue a report on, best practices for the use of advanced metering of energy use in Federal facilities, buildings, and equipment by Federal agencies. (B) Updating The report described under subparagraph (A) shall be updated annually. (C) Components The report shall include, at a minimum— (i) summaries and analysis of the reports by agencies under paragraph (3); (ii) recommendations on standard requirements or guidelines for automated energy management systems, including— (I) potential common communications standards to allow data sharing and reporting; (II) means of facilitating continuous commissioning of buildings and evidence-based maintenance of buildings and building systems; and (III) standards for sufficient levels of security and protection against cyber threats to ensure systems cannot be controlled by unauthorized persons; and (iii) an analysis of— (I) the types of advanced metering and monitoring systems being piloted, tested, or installed in Federal buildings; and (II) existing techniques used within the private sector or other non-Federal government buildings. . 15. Availability of funds for design updates Section 3307 of title 40, United States Code, is amended— (1) by redesignating subsections (d) through (h) as subsections (e) through (i); and (2) by inserting after subsection (c) the following: (d) Availability of funds for design updates (1) In general Subject to paragraph (2), for any project for which congressional approval is received under subsection (a) and for which the design has been substantially completed but construction has not begun, the Administrator of General Services may use appropriated funds to update the project design to meet applicable Federal building energy efficiency standards established under section 305 of the Energy Conservation and Production Act ( 42 U.S.C. 6834 ) and other requirements established under section 3312 of this title. (2) Limitation The use of funds under paragraph (1) shall not exceed 125 percent of the estimated energy or other cost savings associated with the updates as determined by a life-cycle cost analysis under section 544 of the National Energy Conservation Policy Act ( 42 U.S.C. 8254 ). . 16. Continuous commissioning within the Federal building stock (a) In general Section 3312 of title 40, United States Code, is amended— (1) by redesignating subsections (c) through (g) as subsections (d) through (h), respectively; and (2) by inserting after subsection (b) the following: (c) Continuous commissioning within the Federal building stock (1) In general Not later than 1 year after the date of enactment of the Federal Cost Reduction Act of 2013 , the Administrator and the Secretary of Energy shall incorporate commissioning and recommissioning standards (as those terms are defined in section 543(f) of the National Energy Conservation Policy Act ( 42 U.S.C. 8253(f) )), for all real property that— (A) is more than $10,000,000 in value; (B) has more than 50,000 square feet; or (C) has energy intensity of more than $2 per square foot. (2) Regulations Not later than 180 days after the date of enactment of the Federal Cost Reduction Act of 2013 , the Administrator and the Secretary of Energy shall promulgate such regulations as are necessary to carry out this subsection. . (b) Conforming amendments Section 3312 of title 40, United States Code, is amended— (1) in subsection (e)(1) (as redesignated by subsection (a)(1)), by striking and (c) and inserting and (d) ; (2) in the first sentence of subsection (f) (as so redesignated), by striking and (c) and inserting and (d) ; and (3) in subsection (g) (as so redesignated), by striking subsection (b), (c), or (d) or for failure to carry out any recommendation under subsection (e) and inserting subsection (b), (d), or (e) or for failure to carry out any recommendation under subsection (f) . 17. Elimination of State matching requirement for energy efficiency upgrades at National Guard and reserve armories and readiness centers Section 18236(b) of title 10, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking A contribution and inserting (1) Subject to paragraph (2), a contribution ; (3) by striking For the purpose and inserting (3) For the purpose ; and (4) by inserting after subparagraph (B) of paragraph (1), as so designated, the following new paragraph: (2) If an armory or readiness center project for which a contribution is made under paragraph (4) or (5) of section 18233(a) of this title consists of or includes an energy efficiency upgrade, the Secretary of Defense shall cover— (A) 100 percent of the cost of architectural, engineering, and design services related to the upgrade (including advance architectural, engineering, and design services under section 18233(e) of this title), as provided in subparagraph (A) of paragraph (1); and (B) 100 percent of the cost of construction related to the upgrade, notwithstanding subparagraph (B) of paragraph (1), and payment of such cost shall not be considered in applying the limitation in such subparagraph. .

https://www.govinfo.gov/content/pkg/BILLS-113hr472ih/xml/BILLS-113hr472ih.xml

113-hr-473

I 113th CONGRESS 1st Session H. R. 473 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Connolly introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend titles XVIII and XIX of the Social Security Act with respect to the qualification of the director of food services of a Medicare skilled nursing facility or a Medicaid nursing facility. 1. Short title This Act may be cited as the Safe Food for Seniors Act of 2013 . 2. Qualification of director of food services of a Medicare skilled nursing facility or a Medicaid nursing facility (a) In general Sections 1819(b)(4)(A) and 1919(b)(4)(A) of the Social Security Act (42 U.S.C. 1395i–3(b)(4)(A), 1396r(b)(4)(A)) are each amended by adding at the end the following: With respect to meeting the staffing requirement imposed by the Secretary to carry out clause (iv), the full-time director of food services of the facility, if not a qualified dietitian (as defined in section 483.35(a)(2) of title 42, Code of Federal Regulations, as in effect as of the date of the enactment of this section), shall be a Certified Dietary Manager meeting the requirements of the Certifying Board for Dietary Managers or have equivalent military or academic qualifications (as specified by the Secretary). . (b) Effective date The amendments made by subsection (a) shall take effect on the date that is 180 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr473ih/xml/BILLS-113hr473ih.xml

113-hr-474

I 113th CONGRESS 1st Session H. R. 474 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Connolly introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to allow a credit against income tax for qualified conservation contributions which include National Scenic Trails. 1. Short title This Act may be cited as the Complete America’s Great Trails Act . 2. National Scenic Trail conservation credit (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 new section: 30E. National Scenic Trail conservation credit (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the fair market value of any National Scenic Trail conservation contribution of the taxpayer for the taxable year. (b) National Scenic Trail conservation contribution For purposes of this section— (1) In general The term National Scenic Trail conservation contribution means any qualified conservation contribution— (A) to the extent the qualified real property interest with respect to such contribution includes a National Scenic Trail (or portion thereof) and its trail corridor, and (B) with respect to which the taxpayer makes an election under this section. (2) National Scenic Trail The term National Scenic Trail means any trail authorized and designated under section 5 of the National Trails System Act ( 16 U.S.C. 1244 ), but only if such trail is at least 200 miles in length. (3) Trail corridor The term trail corridor means so much of the corridor of a trail as is— (A) not less than— (i) 150 feet wide on each side of such trail, or (ii) in the case of an interest in real property of the taxpayer which includes less than 150 feet on either side of such trail, the entire distance with respect to such interest on such side, and (B) not greater than 2,640 feet wide. (4) Qualified conservation contribution; qualified real property interest The terms qualified conservation contribution and qualified real property interest have the respective meanings given such terms by section 170(h), except that paragraph (2)(A) thereof shall be applied without regard to any qualified mineral interest (as defined in paragraph (6) thereof). (c) Special rules (1) Fair market value Fair market value of any National Scenic Trail conservation contribution shall be determined under rules similar to the valuation rules under Treasury Regulations under section 170, except that in any case, to the extent practicable, fair market value shall be determined by reference to the highest and best use of the real property with respect to such contribution. (2) Election irrevocable An election under this section may not be revoked. (3) Denial of double benefit No deduction shall be allowed under this chapter with respect to any qualified conservation contribution with respect to which an election is made under this section. (d) Limitation based on amount of tax; carryforward of unused credit (1) Limitation The credit allowed under subsection (a) for any taxable year shall not exceed the sum of— (A) the taxpayer’s regular tax liability (as defined in section 26(b)) for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 30, 30B, 30C, and 30D, plus (B) the tax imposed by section 55. (2) Carryforward (A) In general If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for any taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such succeeding taxable year. (B) Limitation No credit may be carried forward under this subsection to any taxable year following the tenth taxable year after the taxable year in which the credit arose. For purposes of the preceding sentence, credits shall be treated as used on a first-in first-out basis. . (b) Continued use not inconsistent with conservation purposes A contribution of an interest in real property shall not fail to be treated as a National Scenic Trail conservation contribution (as defined in section 30E(b) of the Internal Revenue Code of 1986) solely by reason of continued use of the real property, such as for recreational or agricultural use (including motor vehicle use related thereto), if, under the circumstances, such use does not impair significant conservation interests and is not inconsistent with the purposes of the National Trails System Act ( 16 U.S.C. 1241 et seq. ). (c) Study regarding efficacy of National Scenic Trail conservation credit (1) In general The Secretary of the Interior shall, in consultation with the Secretary of the Treasury, study— (A) the efficacy of the National Scenic Trail conservation credit under section 30E of the Internal Revenue Code of 1986 in completing, extending, and increasing the number of National Scenic Trails (as defined in section 30E(b) of such Code), and (B) the feasibility and estimated costs and benefits of— (i) making such credit refundable (in whole or in part), and (ii) allowing transfer of such credit. (2) Report Not later than 4 years after the date of the enactment of this Act, the Secretary of the Interior shall submit a report to Congress on the results of the study conducted under this subsection. (d) Conforming amendment 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: 30E. National Scenic Trail conservation credit. . (e) Effective date The amendments made by this section shall apply to contributions made after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr474ih/xml/BILLS-113hr474ih.xml

113-hr-475

I 113th CONGRESS 1st Session H. R. 475 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Gerlach 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 include vaccines against seasonal influenza within the definition of taxable vaccines. 1. Addition of vaccines against seasonal influenza to list of taxable vaccines (a) In general Subparagraph (N) of section 4132(a)(1) of the Internal Revenue Code of 1986 is amended by inserting or any other vaccine against seasonal influenza before the period. (b) Effective date (1) Sales, etc The amendment made by this section shall apply to sales and uses on or after the later of— (A) the first day of the first month which begins more than 4 weeks after the date of the enactment of this Act, or (B) the date on which the Secretary of Health and Human Services lists any vaccine against seasonal influenza (other than any vaccine against seasonal influenza listed by the Secretary prior to the date of the enactment of this Act) for purposes of compensation for any vaccine-related injury or death through the Vaccine Injury Compensation Trust Fund. (2) Deliveries For purposes of paragraph (1) and section 4131 of the Internal Revenue Code of 1986, in the case of sales on or before the effective date described in such paragraph for which delivery is made after such date, the delivery date shall be considered the sale date.

https://www.govinfo.gov/content/pkg/BILLS-113hr475ih/xml/BILLS-113hr475ih.xml

113-hr-476

I 113th CONGRESS 1st Session H. R. 476 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Gingrey of Georgia (for himself and Mr. Conaway ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend title 31, United States Code, to require the President to submit with the budget an estimate of the deficit using generally accepted accounting principles, and to amend the Congressional Budget Act of 1974 to require the Congressional Budget Office to submit the same with its report to the Committees on the Budget of the House of Representatives and the Senate. 1. Short title This Act may be cited as the Generally Accepted Accounting Principles Act or the GAAP Act . 2. Budget deficit calculation using generally accepted accounting principles (a) In general Section 1105(a) of title 31, United States Code, is amended— (1) by redesignating the second paragraph (37) (relating to a list of plans and reports for elimination or consolidation) as paragraph (39); and (2) by adding at the end the following new paragraph: (40) an estimate of the deficit or surplus for the fiscal year for which the budget is submitted, prepared using generally accepted accounting principles. . (b) Effective date The requirement added by subsection (a) shall take effect beginning with the budget submission made by the President in 2015. 3. Congressional Budget Office report to the Committees on the Budget of the House of Representatives and the Senate (a) In general Section 202(e)(1)(A) of the Congressional Budget Act of 1974 ( 2 U.S.C. 602(e)(1)(A) ) is amended by inserting prepared using both cash basis accounting and generally accepted accounting principles after (including related surpluses and deficits . (b) Effective date The requirement added by subsection (a) shall take effect beginning with the report that the Director of the Congressional Budget Office submits in 2015.

https://www.govinfo.gov/content/pkg/BILLS-113hr476ih/xml/BILLS-113hr476ih.xml

113-hr-477

I 113th CONGRESS 1st Session H. R. 477 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Gingrey of Georgia (for himself, Mrs. Black , Mr. Palazzo , Mr. Jones , Ms. Foxx , Mr. Westmoreland , Mr. Duncan of South Carolina , Mr. Barletta , Mr. Rohrabacher , and Mr. Nunnelee ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to make changes related to family-sponsored immigrants and to reduce the number of such immigrants, and for other purposes. 1. Short title This Act may be cited as the Nuclear Family Priority Act . 2. Immediate relative definition Section 201(b)(2)(A)(i) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended— (1) by striking children, spouses, and parents and inserting children and spouses ; and (2) by striking States, except that and all that follows through of age. and inserting States. . 3. Change in family-sponsored immigrant categories Section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) is amended to read as follows: (a) Preference allocation for spouses and children of permanent resident aliens Qualified immigrants who are the spouses or children of an alien lawfully admitted for permanent residence shall be allotted visas in a number not to exceed the worldwide level specified in section 201(c). . 4. Change in worldwide level of family-sponsored immigrants Section 201(c) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c) ) is amended— (1) by amending paragraph (1) to read as follows: (1) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to— (A) 88,000; minus (B) the number computed under paragraph (2). ; (2) by striking paragraphs (2), (3), and (5); and (3) by redesignating paragraph (4) as paragraph (2). 5. Conforming amendments (a) Numerical limitation to any single foreign state Section 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended— (1) in subsection (a)(4)— (A) by amending subparagraphs (A) and (B) to read as follows: (A) 75 percent of family-sponsored immigrants not subject to per country limitation Of the visa numbers made available under section 203(a) in any fiscal year, 75 percent shall be issued without regard to the numerical limitation under paragraph (2). (B) Treatment of remaining 25 percent for countries subject to subsection (e) (i) In general Of the visa numbers made available under section 203(a) in any fiscal year, the remaining 25 percent shall be available, in the case of a foreign state or dependent area that is subject to subsection (e) only to the extent that the total number of visas issued in accordance with subsection (A) to natives of the foreign state or dependent area is less than the subsection (e) ceiling (as defined in clause (ii)). (ii) Subsection (e) ceiling defined In clause (i), the term subsection (e) ceiling means, for a foreign state or dependent area, 77 percent of the maximum number of visas that may be made available under section 203(a) to immigrants who are natives of the state or area consistent with subsection (e). ; and (B) by striking subparagraphs (C) and (D); and (2) in subsection (e)— (A) in paragraph (1), by adding and at the end; (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (C) in the final sentence, by striking respectively, and all that follows through the period at the end and inserting respectively. . (b) Rules for determining whether certain aliens are children Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended by striking (a)(2)(A) each place such term appears and inserting (a) . (c) Procedure for granting immigrant status Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended— (1) in subsection (a)(1)— (A) in subparagraph (A)(i), by striking to classification by reason of a relationship described in paragraph (1), (3), or (4) of section 203(a) or ; (B) in subparagraph (B), by striking 203(a)(2)(A) and 203(a)(2) each place such terms appear and inserting 203(a) ; and (C) in subparagraph (D)(i)(I), by striking a petitioner for preference status under paragraph (1), (2), or (3) and all that follows through the period at the end and inserting an individual under 21 years of age for purposes of adjudicating such petition and for purposes of admission as an immediate relative under section 201(b)(2)(A)(i) or a family-sponsored immigrant under section 203(a), as appropriate, notwithstanding the actual age of the individual. ; (2) in subsection (f)(1), by striking 201(b), 203(a)(1), or 203(a)(3), as appropriate. and inserting 201(b). ; and (3) by striking subsection (k). (d) Waivers of inadmissibility Section 212(d)(11) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(11) ) is amended by striking (other than paragraph (4) thereof) . (e) Conditional permanent resident status for certain alien spouses and sons and daughters Section 216(h)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1186a(h)(1)(C) ) is amended by striking 203(a)(2) and inserting 203(a) . (f) Classes of deportable aliens Section 237(a)(1)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(E)(ii)) is amended by striking 203(a)(2) and inserting 203(a) . 6. Nonimmigrant status for alien parent of adult United States citizens (a) In general Section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) is amended— (1) in subparagraph (U), by striking or at the end; (2) in subparagraph (V), by striking the period at the end and inserting or ; and (3) by adding at the end the following: (W) Subject to section 214(s), an alien who is a parent of a citizen of the United States, if the citizen is at least 21 years of age. . (b) Conditions on admission Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) (1) The initial period of authorized admission for a nonimmigrant described in section 101(a)(15)(W) shall be 5 years. Such period may be extended by the Secretary of Homeland Security so long as the United States citizen son or daughter of the nonimmigrant is residing in the United States. (2) A nonimmigrant described in section 101(a)(15)(W) is not authorized to be employed in the United States and is not eligible, notwithstanding any other provision of law, for any Federal, State, or local public benefit. In the case of such a nonimmigrant, the United States citizen son or daughter shall be responsible for the support of the nonimmigrant, regardless of the resources of the nonimmigrant. (3) An alien is ineligible to receive a visa and ineligible to be admitted into the United States as a nonimmigrant described in section 101(a)(15)(W) unless the alien provides satisfactory proof that the United States citizen son or daughter has arranged for the provision to the alien, at no cost to the alien, of health insurance coverage applicable during the period of the alien’s presence in the United States. . 7. Effective date; applicability The amendments made by this Act shall take effect on the first day of the second fiscal year that begins after the date of the enactment of this Act, except that the following shall be considered invalid: (1) Any petition under section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) seeking classification of an alien under a family-sponsored immigrant category eliminated by the amendments made by this Act that is filed after the date of the introduction of this Act. (2) Any application for an immigrant visa based on a petition described in paragraph (1).

https://www.govinfo.gov/content/pkg/BILLS-113hr477ih/xml/BILLS-113hr477ih.xml

113-hr-478

I 113th CONGRESS 1st Session H. R. 478 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Gingrey of Georgia introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) to make the E-Verify Program permanent and mandatory, and to provide for certain changes to procedures for participants in the Program. 1. Short title This Act may be cited as the E-Verify Modernization Act of 2013 . 2. E-verify made permanent and mandatory (a) Made permanent Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding before the period at the end of the last sentence the following: , except that the E-Verify Program described in section 403(a) shall be a permanent program . (b) Made mandatory Section 402 of such Act is amended— (1) in subsection (a), by inserting after Except as specifically provided in subsection (e) the following: or subsection (g) ; and (2) by adding at the end the following: (g) Mandatory participation in the E-Verify Program Not later than 60 days after the date of enactment of the E-Verify Modernization Act of 2013, every person or other entity that hires one or more individuals for employment in the United States shall elect to participate in the E-Verify program described in section 403(a), and shall comply with the terms and conditions of such an election, including by verifying through the E-Verify program that each such individual is authorized to work in the United States. . 3. Procedures for participants Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1324a note) is amended— (1) in subsection (a)(3)(A), by adding at the end the following: The person or other entity may wait for confirmation of the individual's identity and work eligibility before beginning to pay or train the individual. ; (2) in subsection (a)(3), by adding at the end the following: (C) Current employees Not later than 14 business days after beginning to participate in the program, a person or other entity may use the program to verify the employment authorization of an employee hired prior to the participation in the program only if the person or other entity verifies the employment authorization of every employee hired prior to the participation in the program. ; and (3) in subsection (a)(4)(B)(iii), by inserting after until a nonconfirmation becomes final the following: and the individual exhausts any administrative or judicial review if the individual initiates such review. .

https://www.govinfo.gov/content/pkg/BILLS-113hr478ih/xml/BILLS-113hr478ih.xml

113-hr-479

I 113th CONGRESS 1st Session H. R. 479 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Grijalva (for himself, Mr. Blumenauer , Mr. DeFazio , Mr. Holt , Mr. Honda , Ms. Lee of California , Ms. McCollum , Mr. McGovern , Mrs. Napolitano , Ms. Pingree of Maine , Mr. Rangel , Ms. Slaughter , Mr. Farr , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit the transfer of defense articles and defense services to the governments of foreign countries that are engaging in gross violations of internationally recognized human rights, and for other purposes. 1. Short title This Act may be cited as the Arms Sale Responsibility Act of 2013 . 2. Sense of Congress provisions (a) Transfer of conventional arms It is the sense of Congress that it should be the policy of the United States to maintain adherence to a policy of restraint in transferring conventional arms if evidence exists of substantial risk that such arms will be used to commit or facilitate serious violations of international human rights law or international humanitarian law. (b) Arms control agreements In furtherance of the policy described in subsection (a), the President, in negotiating any conventional arms control agreement, should undertake a concerted effort— (1) to encourage the national control list of each party to the agreement to cover all types of weaponry, munitions, armaments and related material used for potentially lethal force in military and law enforcement operations, as well as any parts, components and accessories thereof, and machines, technologies and technical expertise for making, developing and maintaining those items; (2) to conduct an effective inquiry and meaningful assessment of each application or proposal for authorization to export or internationally transfer arms on a case-by-case basis; (3) to deny an arms transfer authorization if there is a substantial risk that the arms will be used to commit or facilitate serious violations of international human rights law or international humanitarian law and to ensure such denial remains in place until steps are taken to mitigate the level of risk; (4) to require import and transit state authorizations, and certified end use assurances, before issuing an export license or authorization for any international transfer of conventional arms and to ensure minimum details in the end use assurance include the exporter, consignee, purchasers, country of final destination, description of type and quantity of items, specific purpose they will be used, an expiration date, and an undertaking that they will not be used for purposes other than those declared or re-exported without permission; (5) to require delivery verification to be officially certified on receipt of the shipment of conventional arms by the end user, which includes at a minimum, the name and address of the exporter and the importer, the serial number of the import certificate, a description of the goods, the quantity and value, the port of arrival and the name of the ship, aircraft or other carrier; and (6) to require each party to the agreement to establish a clear legal framework for lawful brokering and shipping activities relating to transfers of conventional arms. 3. Prohibition on transfer of defense articles and defense services to certain foreign governments (a) Prohibition For each fiscal year beginning on or after the date of enactment of this Act, no defense articles or defense services may be transferred to the government of a foreign country under the Foreign Assistance Act of 1961 or the Arms Export Control Act unless the President submits to Congress a certification described in subsection (b) with respect to the transfer of such defense articles or defense services. (b) Certification A certification referred to in subsection (a) is a certification that— (1) the government of the foreign country is not engaging in gross violations of internationally recognized human rights, including— (A) by carrying out— (i) excessive force against or unlawful killings of unarmed protesters; (ii) extrajudicial or arbitrary executions; (iii) disappearances; (iv) torture or severe mistreatment; (v) prolonged arbitrary imprisonment; (vi) systematic official discrimination on the basis of race, ethnicity, religion, gender, national origin, or political affiliation; or (vii) grave breaches of international humanitarian law; and (B) by failing to— (i) vigorously investigate, discipline, or prosecute those individuals responsible for gross violations of internationally recognized human rights; (ii) allow the free functioning of domestic and international human rights organizations; (iii) provide access on a regular basis to humanitarian organizations in humanitarian emergencies; or (iv) divert the transfer of defense articles or defense services to a third country which facilitates one or more of the actions described in subparagraph (A); and (2) the government of the country is not identified by the Secretary of State in the Department of State’s most recent Country Reports on Human Rights Practices as having governmental armed forces or government supported armed groups, including paramilitaries, militias, or civil defense forces, that recruit or use child soldiers. (c) Failure To Continue To Comply Any certification with respect to a foreign government for a fiscal year under subsection (b) shall cease to be effective for that fiscal year if the President certifies to Congress that such government has not continued to comply with the requirements contained in such subsection. (d) Notifications to congress The President shall submit to Congress initial certifications under subsection (b) as part of the submission of the annual congressional presentation documents for foreign assistance programs for each fiscal year beginning on or after the date of enactment of this Act and shall, where appropriate, submit additional or amended certifications at any time thereafter in that fiscal year. (e) Exemptions (1) In general The prohibition contained in subsection (a) shall not apply with respect to a foreign government for a fiscal year if— (A) subject to paragraph (2), the President submits a request for an exemption to Congress containing a determination that it is in the national security interest of the United States to provide defense articles or defense services to such government; or (B) the President determines that an emergency exists under which it is vital to the interest of the United States to provide military defense articles or defense services to such government. (2) Disapproval A request for an exemption to provide defense articles or defense services to a foreign government shall not take effect, or shall cease to be effective, if a law is enacted disapproving such request. (f) Definitions In this section— (1) the term defense article has the meaning given the term in section 47(3) of the Arms Export Control Act; and (2) the term defense service has the meaning given the term in section 47(4) of the Arms Export Control Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr479ih/xml/BILLS-113hr479ih.xml

113-hr-480

I 113th CONGRESS 1st Session H. R. 480 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Hastings of Florida introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to disallow a deduction for amounts paid or incurred by a responsible party relating to a discharge of oil. 1. Denial of deduction for amounts paid or incurred by a responsible party (a) In general Section 162 of the Internal Revenue Code of 1986 is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: (q) Certain expenses of a responsible party (1) In general No deduction shall be allowed under subsection (a) for any amount paid or incurred by a responsible party relating to any incident resulting in the discharge of oil into the navigable waters, other than an incident caused by an act of God or an act of war. (2) Definitions Any term used in paragraph (1) which is also used in the Oil Pollution Act of 1990 shall have the meaning given such term by such Act. . (b) Effective date The amendment made by this section shall apply to returns of tax the due date of which (including extensions of time) is after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr480ih/xml/BILLS-113hr480ih.xml

113-hr-481

I 113th CONGRESS 1st Session H. R. 481 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Heck of Nevada introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to accept certain documents as proof of service in determining the eligibility of an individual to receive amounts from the Filipino Veterans Equity Compensation Fund, and for other purposes. 1. Proof of eligibility for Filipino Veterans Equity Compensation Fund (a) Proof Section 1002 of the American Recovery and Reinvestment Act of 2009 (division A of Public Law 111–5 ; 38 U.S.C. 107 note) is amended by adding at the end the following new subsections: (m) Proof of service (1) In general The Secretary shall accept as proof of the service described in subsection (d) or (n)— (A) the name of the eligible person included on the Approved Revised Reconstructed Guerilla Roster (commonly known as the Missouri List ); (B) documents included in the claims folder of the eligible person that prove such service, including an affidavit from the government of the Philippines certifying such service (AGO Form 23); or (C) any other documents that are issued or accepted by the government of the Philippines as proof of such service. (2) Source of documents The Secretary may not reject a document under paragraph (1) solely because the document is issued by the government of the Philippines. (3) Government of the Philippines In this subsection, the term government of the Philippines includes the Commonwealth of the Philippines, the Commonwealth Army of the Philippines, and the Republic of the Philippines. (n) Civilian guerilla forces Service as a civilian guerilla in the Philippines during the period described in paragraph (1) of subsection (d) shall be treated as service described under such subsection for purposes of a person being eligible for benefits under this section. (o) Cooperation The Secretary of the Army shall cooperate with the Secretary of Veterans Affairs in carrying out this section. . (b) Extended application period Section 1002(c) of the American Recovery and Reinvestment Act of 2009 (division A of Public Law 111–5 ; 38 U.S.C. 107 note) is amended by adding at the end the following new paragraph: (3) Extended application period Notwithstanding paragraph (1), the Secretary may make a payment from the compensation fund to an eligible person who, during the 180-day period beginning on the date of the enactment of this section, submits to the Secretary— (A) a claim for benefits under this section; or (B) with respect to a person who filed a claim for benefits under this section during the period described in paragraph (1), a new claim or an appeal to such previously filed claim. .

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113-hr-482

I 113th CONGRESS 1st Session H. R. 482 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Holt (for himself, Mr. Capuano , Mrs. Davis of California , Mr. McDermott , Ms. Chu , Mr. Larsen of Washington , Ms. Bonamici , Ms. Schwartz , Ms. Lee of California , Mr. Ellison , Mr. Schiff , Mr. Hastings of Florida , Mr. Sires , Ms. Shea-Porter , Mr. Pascrell , Mr. Honda , Mr. Pallone , Mr. Payne , Ms. Hahn , Mr. Doyle , Mr. Grijalva , Mr. Pocan , and Ms. Meng ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prevent harassment at institutions of higher education, and for other purposes. 1. Short title This Act may be cited as the Tyler Clementi Higher Education Anti-Harassment Act of 2013 . 2. Institutional and financial assistance information for students Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— (1) by striking the subsection heading and inserting Disclosure of campus security and harassment policy and campus crime statistics. ; (2) in paragraph (6)(A)— (A) by redesignating clauses (ii) and (iii) as clauses (vi) and (vii), respectively; and (B) by inserting after clause (i) the following: (ii) The term commercial mobile service has the meaning given the term in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ). (iii) The term electronic communication means any transfer of signs, signals, writing, images, sounds, or data of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system. (iv) The term electronic messaging services has the meaning given the term in section 102 of the Communications Assistance for Law Enforcement Act ( 47 U.S.C. 1001 ). (v) The term harassment means conduct, including acts of verbal, nonverbal, or physical aggression, intimidation, or hostility (including conduct that is undertaken in whole or in part, through the use of electronic messaging services, commercial mobile services, electronic communications, or other technology) that— (I) is sufficiently severe, persistent, or pervasive so as to limit a student's ability to participate in or benefit from a program or activity at an institution of higher education, or to create a hostile or abusive educational environment at an institution of higher education; and (II) is based on a student's actual or perceived— (aa) race; (bb) color; (cc) national origin; (dd) sex; (ee) disability; (ff) sexual orientation; (gg) gender identity; or (hh) religion. ; (3) by redesignating paragraphs (9) through (18) as paragraphs (10) through (19), respectively; and (4) by inserting after paragraph (8) the following: (9) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding harassment, which shall include— (i) a prohibition of harassment of enrolled students by other students, faculty, and staff— (I) on campus; (II) in noncampus buildings or on noncampus property; (III) on public property; (IV) through the use of electronic mail addresses issued by the institution of higher education; (V) through the use of computers and communication networks, including any telecommunications service, owned, operated, or contracted for use by the institution of higher education or its agents; or (VI) during an activity sponsored by the institution of higher education or carried out with the use of resources provided by the institution of higher education; (ii) a description of the institution's programs to combat harassment, which shall be aimed at the prevention of harassment; (iii) a description of the procedures that a student should follow if an incident of harassment occurs; and (iv) a description of the procedures that the institution will follow once an incident of harassment has been reported. (B) The statement of policy described in subparagraph (A) shall address the following areas: (i) Procedures for timely institutional action in cases of alleged harassment, which procedures shall include a clear statement that the accuser and the accused shall be informed of the outcome of any disciplinary proceedings in response to an allegation of harassment. (ii) Possible sanctions to be imposed following the final determination of an institutional disciplinary procedure regarding harassment. (iii) Notification of existing counseling, mental health, or student services for victims or perpetrators of harassment, both on campus and in the community. (iv) Identification of a designated employee or office at the institution that will be responsible for receiving and tracking each report of harassment by a student, faculty, or staff member. . 3. Anti-harassment Competitive Grant program (a) Definitions In this section: (1) Eligible Entity The term eligible entity means— (A) an institution of higher education, including an institution of higher education in a collaborative partnership with a nonprofit organization; or (B) a consortium of institutions of higher education located in the same State. (2) Harassment The term harassment has the meaning given the term in section 485(f)(6)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(6)(A) ), as amended by section 2 of this Act. (3) Secretary The term Secretary means the Secretary of Education. (b) Program Authorized The Secretary is authorized to award grants, on a competitive basis, to eligible entities to enable eligible entities to carry out the authorized activities described in subsection (d). (c) Amount of Grant Awards The Secretary shall ensure that each grant awarded under this section is of sufficient amount to enable the grantee to meet the purpose of this section. (d) Authorized Activities An eligible entity that receives a grant under this section shall use the funds made available through the grant to address one or more of the types of harassment listed in section 485(f)(6)(A)(v)(II) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(6)(A)(v)(II) ), as amended by section 2 of this Act, by initiating, expanding, or improving programs— (1) to prevent the harassment of students at institutions of higher education; (2) at institutions of higher education that provide counseling or redress services to students who have suffered such harassment or students who have been accused of subjecting other students to such harassment; or (3) that educate or train students, faculty, or staff of institutions of higher education about ways to prevent harassment or ways to address such harassment if it occurs. (e) Application To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information, as the Secretary may require. (f) Duration; Renewal A grant under this section shall be awarded for a period of not more than 3 years. The Secretary may renew a grant under this section for one additional period of not more than 2 years. (g) Award Considerations In awarding a grant under this section, the Secretary shall select eligible entities that demonstrate the greatest need for a grant and the greatest potential benefit from receipt of a grant. (h) Report and Evaluation (1) Evaluation and Report to the Secretary Not later than 6 months after the end of the eligible entity's grant period, the eligible entity shall— (A) evaluate the effectiveness of the activities carried out with the use of funds awarded pursuant to this section in decreasing harassment and improving tolerance; and (B) prepare and submit to the Secretary a report on the results of the evaluation conducted by the entity. (2) Evaluation and Report to Congress Not later than 12 months after the date of receipt of the first report submitted pursuant to paragraph (1) and annually thereafter, the Secretary shall provide to Congress a report that includes the following: (A) The number and types of eligible entities receiving assistance under this section. (B) The anti-harassment programs being implemented with assistance under this section and the costs of such programs. (C) Any other information determined by the Secretary to be useful in evaluating the overall effectiveness of the program established under this section in decreasing incidents of harassment at institutions of higher education. (3) Best Practices Report The Secretary shall use the information provided under paragraph (1) to publish a report of best practices for combating harassment at institutions of higher education. The report shall be made available to all institutions of higher education and other interested parties. (i) Authorization of Appropriations There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2014 through 2019. 4. Effect on other laws Nothing in this Act shall be construed to invalidate or limit rights, remedies, procedures, or legal standards available to victims of discrimination under any other Federal law or law of a State or political subdivision of a State, including title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 or 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 , 794a), or the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). The obligations imposed by this Act are in addition to those imposed by title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ), title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. ), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

https://www.govinfo.gov/content/pkg/BILLS-113hr482ih/xml/BILLS-113hr482ih.xml

113-hr-483

I 113th CONGRESS 1st Session H. R. 483 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Hudson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To repeal the Federal estate and gift taxes. 1. Short title This Act may be cited as the Farmers Against Crippling Taxes Act . 2. Repeal of estate and gift taxes (a) In general Subtitle B of the Internal Revenue Code of 1986 (relating to estate, gift, and generation-skipping taxes) is hereby repealed. (b) Effective date The repeal made by subsection (a) shall apply to estates of decedents dying, gifts made, and generation-skipping transfers made after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr483ih/xml/BILLS-113hr483ih.xml

113-hr-484

I 113th CONGRESS 1st Session H. R. 484 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Hunter (for himself, Mr. Hultgren , Mr. Mulvaney , Mrs. Bachmann , Mr. Grimm , Mr. Radel , Mr. Michaud , Mr. Nunnelee , Mr. Pitts , Mr. Palazzo , Mr. Kinzinger of Illinois , Mrs. Blackburn , Mr. Stutzman , Mr. Broun of Georgia , and Mr. Long ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To recognize a primary measure of national unemployment for purposes of the Federal Government. 1. Short title This Act may be cited as the Real Unemployment Calculation Act . 2. Primary measure of unemployment The measure of unemployment issued by the Bureau of Labor Statistics known as U5 shall be treated by the Bureau as the official unemployment rate and shall be considered by the Federal Government as the primary measure of unemployment in the United States.

https://www.govinfo.gov/content/pkg/BILLS-113hr484ih/xml/BILLS-113hr484ih.xml

113-hr-485

I 113th CONGRESS 1st Session H. R. 485 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Ms. Eddie Bernice Johnson of Texas (for herself, Mr. King of New York , Ms. Linda T. Sánchez of California , Ms. Speier , Mr. Moran , Mr. Rangel , Mr. Conyers , Ms. Bonamici , Mr. DeFazio , Ms. Norton , Mr. Cicilline , Ms. Bordallo , Mr. Blumenauer , Ms. Roybal-Allard , Ms. Wilson of Florida , Ms. Jackson Lee , Mr. Connolly , Mr. Doggett , Mr. Ben Ray Luján of New Mexico , Mr. Honda , Mr. Holt , Ms. Slaughter , Mr. Grijalva , Mr. Yarmuth , Mr. Walden , Mr. Ryan of Ohio , Mr. Larsen of Washington , Ms. Loretta Sanchez of California , Ms. Schakowsky , Mr. Welch , and Mr. Schrader ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish the position of National Nurse for Public Health, to be filled by the same individual serving as the Chief Nurse Officer of the Public Health Service. 1. Short title This Act may be cited as the National Nurse Act of 2013 . 2. National Nurse for Public Health Title XVII of the Public Health Service Act ( 42 U.S.C. 300u et seq. ) is amended by adding at the end the following: 1711. National Nurse for Public Health (a) Establishment (1) In general There is established within the Office of the Surgeon General a full-time position, to be filled by a registered nurse to be known as the National Nurse for Public Health. (2) Appointment (A) In general Except for the initial appointment of the National Nurse for Public Health under subparagraph (B), the Secretary shall appoint the National Nurse for Public Health in accordance with Commissioned Corps Instruction CC23.4.6 (relating to Chief Professional Officer Nominations), as in effect on February 13, 2008. (B) Initial appointment Not later than 30 days after the date of enactment of this section, the Secretary shall appoint the individual serving as the Chief Nurse Officer of the Public Health Service as the first National Nurse for Public Health. (3) Relation to position of Chief Nurse Officer The individual serving as the National Nurse for Public Health shall also serve as the Chief Nurse Officer of the Public Health Service. (b) Rank and grade The National Nurse for Public Health shall have the same rank and grade as the Deputy Surgeon General of the Public Health Service. (c) Duties The National Nurse for Public Health shall carry out the following: (1) Provide leadership and coordination of Public Health Service nursing professional affairs for the Office of the Surgeon General and other agencies of the Public Health Service, including providing representation for the Government of the United States at the Global Forum for Government Chief Nursing and Midwifery Officers and serving as a member of the Federal Nursing Service Council. (2) Represent the Surgeon General and the agencies of Public Health Service in communications with groups and societies concerned with nursing issues at the local, State, national, and international levels. (3) Provide guidance and advice to the Surgeon General and the Nurse Professional Advisory Committee on matters such as standards, recruitment, retention, readiness, and career development of nurses employed by and contracted with agencies of the Public Health Service. (4) Conduct media campaigns and make personal appearances for purposes of paragraphs (5) through (7). (5) Provide guidance and leadership for activities to promote the public health, including encouraging nurses and other health professionals to be volunteers and developing projects that educate the public about and engage the public in prevention practices to achieve better health. (6) Provide guidance and leadership to encourage nurses to engage in furthering their education in order to conduct nursing research, increase the awareness of evidence-based practice, and educate future nurses. (7) Provide guidance and leadership for activities that will increase public safety and emergency preparedness. (d) National health priorities—Healthy People 2020 (1) In general The National Nurse for Public Health, in cooperation with the Surgeon General of the Public Health Service, heads of the agencies of the Public Health Service, States, and organizations that represent health professionals, shall participate in the identification of national health priorities. (2) Addressing national health priorities The National Nurse for Public Health, in addressing national health priorities, shall encourage volunteerism of nurses and other individuals, and strengthen the relationship between Government agencies and health-related national organizations. (3) Community-based projects (A) Implementation In addressing national health priorities, the National Nurse for Public Health shall— (i) provide guidance and coordination on recommended activities to organizations; (ii) acknowledge successful programs and encourage their replication; (iii) promote the dissemination of evidence-based practice in educating the public on health promotion and disease prevention activities; (iv) encourage practicing nurses and other health professionals, including retired health professionals and students enrolled in health professional programs, to participate in health promotion activities and replicate successful health promotion activities; and (v) monitor activities being conducted through the collection and evaluation of data to determine if national health priorities are being addressed. (B) Media campaigns The National Nurse for Public Health shall ensure that media campaigns conducted under subsection (c)(4) include media campaigns regarding the national health priorities. (C) Evaluations The National Nurse for Public Health shall, directly or through awards of grants or contracts, evaluate the activities encouraged by the National Nurse for Public Health and conducted by community-based, nonprofit organizations to determine the extent to which such activities have succeeded in carrying out national health priorities. (D) Dissemination of information The National Nurse for Public Health shall disseminate information to governmental agencies, schools, and community-based, nonprofit organizations interested in health promotion and improving public health through community action. .

https://www.govinfo.gov/content/pkg/BILLS-113hr485ih/xml/BILLS-113hr485ih.xml

113-hr-486

I 113th CONGRESS 1st Session H. R. 486 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Keating (for himself, Mr. Rogers of Kentucky , Mr. Rahall , Mr. Lynch , Ms. Hanabusa , and Mr. Buchanan ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to incentivize the development of abuse-deterrent drugs. 1. Short title This Act may be cited as the Stop Tampering of Prescription Pills Act of 2013 . 2. Abuse-deterrent technology (a) Definition Section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ) is amended by adding at the end the following: (ss) The term abuse-deterrent drug means a drug that— (1) contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (2) has been formulated for oral administration; and (3) (A) exhibits physicochemical properties (demonstrated by in vitro, in vivo, or other testing, or some combination thereof, as determined appropriate by the Secretary) that make product manipulation significantly more difficult or ineffective in altering the characteristics of the drug for purposes of misuse or abuse when compared to drugs without such properties; or (B) contains one or more additional active or inactive ingredients that are intended to deter abuse through potential pharmacological effects, the effectiveness of which has been demonstrated by at least one adequate and well-controlled investigation. . (b) Required information in application for approval of brand name drugs Section 505(b) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(b) ) is amended by adding at the end the following: (7) Abuse-deterrent drugs If an application submitted under this subsection is potentially subject to refusal under subsection (d)(7), the application shall include such information as the Secretary determines necessary to demonstrate that the application is not subject to such refusal. . (c) Approval of new brand name drugs Section 505(d) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(d) ) is amended— (1) by inserting (7)(A) such drug has been formulated for oral administration; (B) such drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (C) such drug is not an abuse-deterrent drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that (i) contains the same active moiety; (ii) is an abuse-deterrent drug, and (iii) has not been discontinued from marketing; or after (6) the application failed to contain the patent information prescribed by subsection (b); or ; (2) by striking (7) based on fair and inserting (8) based on fair ; (3) by striking clauses (1) through (6) and inserting paragraphs (1) through (7) ; and (4) by inserting The Secretary may issue an order approving an application, even if paragraph (7) applies, upon a finding that paragraphs (1) through (6) and paragraph (8) do not apply and that such approval is necessary either to prevent or alleviate a drug shortage or to otherwise address a significant unmet public health need. before As used in this subsection and subsection (e) . (d) Generic drugs Section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) is amended— (1) in paragraph (2)— (A) subparagraph (A)— (i) in clause (vii), by striking and at the end; (ii) in clause (viii), by striking the period at the end and inserting ; and ; (iii) by inserting after clause (viii) the following: (ix) if the listed drug is an abuse-deterrent drug due to its physicochemical properties, information from comparative in vitro, in vivo, or other testing, or some combination thereof, as appropriate based on the type of data submitted for the listed drug, that demonstrates the new drug resists manipulation or the effect of manipulation to a degree at least comparable to the listed drug. ; and (iv) in the continuation text at the end of the subparagraph, by striking clauses (i) through (viii) and inserting clauses (i) through (ix) ; (B) in subparagraph (C)— (i) in clause (i), by striking or at the end; (ii) in clause (ii), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (iii) that the listed drug is an abuse-deterrent drug and one or more of the new drug’s active moieties differ in any material respect (in amount or otherwise) from those of the listed drug. ; (2) in paragraph (5), by adding at the end the following: (G) If a drug has been approved pursuant to an application submitted under paragraph (2), and thereafter the listed drug referred to in the application becomes an abuse-deterrent drug, the drug so approved shall not be considered to be bioequivalent to, or to have the same therapeutic effect as, the listed drug (as described in paragraph (2)(A)(iv)) unless and until the drug so approved has been found by the Secretary to meet the requirements of paragraph (2)(A)(ix). ; and (3) in paragraph (6)— (A) by striking (6) If a drug and inserting (6)(A) If a drug ; (B) by striking (A) for the and inserting (i) for the ; (C) by striking (B) if the and inserting (ii) if the ; and (D) by adding at the end the following: (B) For purposes of this paragraph and paragraph (7)(C), a withdrawal or suspension of a drug formulated for oral administration shall be considered to have been for safety or effectiveness reasons if— (i) the approval of a listed drug, which is not an abuse-deterrent drug, is withdrawn or suspended, or a listed drug, which is not an abuse-deterrent drug, is withdrawn from sale; and (ii) the Secretary has previously approved pursuant to an application under subsection (b) a drug that— (I) is in the same dosage form; (II) contains the same controlled substance as an active moiety; (III) is an abuse-deterrent drug; and (IV) has not been discontinued from marketing. . (e) Withdrawal of previously approved brand name and generic drugs Section 505(e) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(e) ) is amended— (1) by inserting or (6)(A) the drug contains as an active moiety a controlled substance that has been classified as opium, an opiate, or a derivative thereof, as such terms are defined or used in section 102 of the Controlled Substances Act; (B) the drug is formulated for oral administration; (C) the drug is not an abuse-deterrent drug; and (D) the Secretary has previously approved pursuant to an application submitted under subsection (b) or (j) a drug that contains the same active moiety, is an abuse-deterrent drug, and has not been discontinued from marketing before : Provided, ; and (2) by adding at the end the following: The Secretary may waive the application of paragraph (6) of the first sentence of this subsection in the case of a drug intended for use in a special needs population. In withdrawing (under paragraph (6) of the first sentence of this subsection) the approval of an application with respect to any drug, the Secretary shall, on a case-by-case basis, delay the effective date of such withdrawal for a period deemed sufficient by the Secretary to give the sponsor an opportunity to obtain approval under this section for a formulation of the drug meeting the criteria described in paragraph (2) of the definition of a abuse-deterrent drug in section 201(ss). . (f) Listed drugs Section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(7) ) is amended by adding at the end the following: (D) Beginning 60 days after the date of the enactment of the Stop Tampering of Prescription Pills Act of 2013 , the Secretary shall— (i) include in the list under subparagraph (A) a list of each drug or category of drugs which the Secretary has found to be abuse-deterrent drugs; and (ii) update the list under subparagraph (A)— (I) to remove from the list of abuse-deterrent drugs any drug the Secretary later determines is not an abuse-deterrent drug; and (II) as required by subparagraph (C) to reflect the application of paragraph (6)(B) to drugs that are withdrawn or suspended. .

https://www.govinfo.gov/content/pkg/BILLS-113hr486ih/xml/BILLS-113hr486ih.xml

113-hr-487

I 113th CONGRESS 1st Session H. R. 487 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mrs. McMorris Rodgers (for herself and Mr. Thompson of California ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for a Medicare primary care graduate medical education pilot project in order to improve access to the primary care workforce. 1. Short title This Act may be cited as the Primary Care Workforce Access Improvement Act of 2013 . 2. Medicare primary care graduate medical education pilot project (a) Establishment The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall conduct a pilot project under the Medicare program under title XVIII of the Social Security Act, in accordance with the provisions of this section, to test models for providing payment under such title for direct graduate medical education and indirect medical education to medical education entities, which entities are not otherwise eligible to receive such payments under the Medicare program, for the costs of training primary care residents. (b) Duration The Secretary shall conduct the pilot project under this section over a 5-year period, which shall begin not later than 180 days after the date of the enactment of this Act. (c) Models (1) Required models Under the pilot project, the Secretary shall test two of each of the following models: (A) A model in which the medical education entity receiving funds under the pilot project is a community-based independent corporate entity collaborating with two or more hospitals to operate one or more primary care graduate medical residency training programs. (B) A model in which— (i) the medical education entity receiving funds under the pilot project is established by two or more hospitals to operate one or more primary care graduate medical residency training programs; and (ii) such hospitals may be the sole corporate members of the entity but the governing board of the entity shall include at least one community representative. (C) A model in which the medical education entity receiving funds under the pilot project is a hospital subsidiary or independent corporation that operates one or more primary care graduate medical residency training programs for a hospital with community participation in the governance of the subsidiary or corporation. (D) A model in which— (i) the medical education entity receiving funds under the pilot project is independent of any hospital but collaborates with a hospital in operating one or more primary care graduate medical residency training programs; and (ii) the medical education entity may include a university or school of medicine. (2) Additional models Under the pilot project, the Secretary may test models of medical education entities in addition to those described in paragraph (1). (d) Prioritization Under the pilot project, the Secretary of Health and Human Services may give priority to testing models that demonstrate the capability of improving the quality, quantity, and distribution of primary care physicians, including the ability to enhance primary care delivery in rural and underserved areas. (e) Payments (1) Payments to medical education entities Under the pilot project, the Secretary shall establish a process under which payments are made to each medical education entity participating under such project for direct graduate medical education and indirect medical education costs with respect to primary care residents enrolled under a primary care graduate medical residency training program operated pursuant to a model of such entity under subsection (c) instead of any payment or adjustment that would otherwise be made to a participant hospital (as defined in subsection (m)) of such entity for indirect and direct graduate medical education costs under subsections (d)(5)(B) and (h) of section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) during the period of participation of such entity in such project. (2) Calculation of payments Payments to a medical education entity under the pilot project, with respect to a primary care graduate medical education residency program, for a cost reporting period during which the entity is participating in such pilot shall be, based on the most recently available data with respect to a previous cost reporting period, equal to the sum of the following: (A) Direct GME The amount that, out of all of the payment amounts (determined on a per resident basis) received by hospitals under section 1886(h) of the Social Security Act ( 42 U.S.C. 1395ww(h) ) for such previous cost reporting period, is equal to the 95th percentile of such payment amounts. (B) Indirect GME The amount that, out of all of the additional payment amounts (determined on a per resident basis) received by hospitals under section 1886(d)(5)(B) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5)(B) ) for such previous cost reporting period, is equal to the 95th percentile of such payment amounts. (3) Additional payments for programs serving underserved areas Payments in addition to the payments described in paragraph (2) may be made under the pilot project for primary care graduate medical residency training programs that— (A) operate in sites and areas that are underserved by primary care physicians; or (B) change their training sites to include those areas. (4) Payments from Medicare Trust Funds In providing for such payments under this subsection to medical education entities, the Secretary shall provide for an allocation of such payments between part A and part B (and the Federal Hospital Insurance Trust Fund under section 1817 of the Social Security Act ( 42 U.S.C. 1395i ) and the Federal Supplementary Medical Insurance Trust Fund under section 1841 of such Act ( 42 U.S.C. 1395t )) in the same manner as the Secretary provides for an allocation of payments under subsections (d)(5)(B) and (h), respectively, of section 1886 of such Act ( 42 U.S.C. 1395ww ). (f) Uses of payments (1) In general A medical education entity receiving payments under the pilot project shall use such payments for the training of primary care residents, including training activities in appropriate inpatient and outpatient settings in primary care graduate medical residency training programs accredited by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association and for all relevant topics including patient care, care management, working in teams, supervision, and quality improvement. (2) Limitations Payments shall only be made for training primary care residents up to the initial board certification of such residents, except that with respect to training in geriatric medicine, payments may also be made for a fellowship after initial board certification. (g) Expansion during pilot project A medical education entity receiving funds under the pilot project, with respect to a primary care graduate medical residency training program, shall be allowed to increase by up to 50 percent the number of full-time equivalent primary care residents enrolled in the such program (determined in accordance with the process under subsection (e)(1)) during the duration of the participation of such entity in such project. (h) Treatment after project (1) In general Subject to paragraphs (2) and (3), after the last day of the pilot project, which may be extended at the discretion of the Secretary, any participant hospital of a medical education entity under the pilot project, shall receive payments under subsection (d)(5)(B) and (h) of section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) in the same manner and to the same extent such hospital would receive such payments without application of this Act and such payments shall be calculated based on the number of full-time equivalent residents enrolled in such program without regard to any increase made pursuant to subsection (g). (2) Exception to ensure residents enrolled during pilot are able to complete training Subject to paragraph (3), a medical education entity receiving funds under the pilot project, with respect to a primary care graduate medical residency training program, shall continue to receive funding under this section (even after the last day of the project), with respect to each primary care resident who is enrolled under such program while the entity is participating in such project, to the extent and in such amounts necessary to allow for the full duration of training, subject to subsection (f)(2), of such primary care resident. Any such payments made pursuant to this subparagraph shall be deemed to be a payment made under the pilot project. (3) Limitation In no case may the total duration of the pilot project exceed seven years and in no case may payments be made under this section to a medical education entity for a period exceeding seven years. (i) Budget neutrality For each year that the pilot project under this section is being conducted (and for any subsequent year to the extent subsection (h)(2) applies), the Secretary shall reduce payments under subsections (d)(5)(B) and (h) of section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ) by such amount as the Secretary determines to be necessary to ensure that carrying out the pilot project under this section during such year does not result in expenditures under title XVIII of the Social Security Act for such year that exceed the amount of such expenditures that would have been made for such year without application of this section. (j) Waiver authority The Secretary may waive such requirements of titles XI and XVIII of the Social Security Act as may be necessary to carry out the purpose of the pilot project under this section. (k) Report to Congress The Secretary is authorized to enter into an agreement with the Institute of Medicine to conduct a study on the results of the pilot project. Such agreement shall provide for the Institute of Medicine to submit, not later than 1 year after the completion of the pilot project under this section (or, if sooner, January 1, 2021), to Congress a report on the results of such study, including— (1) a detailed analysis of the effects of the pilot, including the quality, quantity, and distribution of primary care physicians during and after the pilot project compared to the quality, quantity, and distribution of such physicians before the pilot project; and the governance, administration and financial strength of the medical educational entities that participated in the pilot project; (2) recommendations on the extent to which the pilot project should be expanded to all primary care residents; and (3) recommendations for such legislation and administrative actions as needed. (l) Expansion If the Secretary determines that any of the models tested under the pilot project under this section enhance the quality, quantity, and distribution of primary care physicians for Medicare beneficiaries, the Secretary may initiate comparable primary care training projects. (m) Definitions For purposes of this section: (1) Direct graduate medical education costs; indirect graduate medical education costs The terms direct graduate medical education costs and indirect graduate medical education have the meanings given such terms for purposes of subsections (h) and (d)(5)(B), respectively, of section 1886 of the Social Security Act ( 42 U.S.C. 1395ww ). (2) Medical education entity The term medical education entity means a corporate, nonprofit, or academic entity that has as its principal mission the education and training of primary care residents. (3) Medicare beneficiary The term Medicare beneficiary means an individual entitled to benefits under part A of title XVIII of the Social Security Act or enrolled under part B of such title. (4) Participant hospital The term participant hospital means, with respect to a medical education entity, any hospital that establishes, is collaborating with, a component of, or otherwise associated with, such entity to operate a primary care graduate medical residency training program under a model described in subsection (c). (5) Primary care graduate medical residency training program The term primary care graduate medical residency training program means an approved medical residency training program (as defined in section 1886(h)(5)(A) of the Social Security Act ( 42 U.S.C. 1395ww(h)(5)(A) )) for training primary care residents. (6) Primary care resident The term primary care resident means a resident enrolled in an approved medical residency training program in family medicine, general internal medicine, general pediatrics, or geriatric medicine.

https://www.govinfo.gov/content/pkg/BILLS-113hr487ih/xml/BILLS-113hr487ih.xml

113-hr-488

I 113th CONGRESS 1st Session H. R. 488 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Pearce (for himself and Mr. Ben Ray Luján of New Mexico ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Surface Mining Control and Reclamation Act of 1977 to clarify that uncertified States and Indian tribes have the authority to use certain payments for certain noncoal reclamation projects. 1. Abandoned mine reclamation (a) Reclamation fee Section 402(g)(6)(A) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1232(g)(6)(A) ) is amended by inserting and section 411(h)(1) after paragraphs (1) and (5) . (b) Filling voids and sealing tunnels Section 409(b) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1239(b) ) is amended by inserting and section 411(h)(1) after section 402(g) . (c) Use of funds Section 411(h)(1)(D)(ii) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1240a(h)(1)(D)(ii) ) is amended by striking section 403 and inserting section 402(g)(6), 403, or 409 .

https://www.govinfo.gov/content/pkg/BILLS-113hr488ih/xml/BILLS-113hr488ih.xml

113-hr-489

I 113th CONGRESS 1st Session H. R. 489 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Ms. Pingree of Maine (for herself and Mr. Michaud ) introduced the following bill; which was referred to the Committee on Small Business A BILL To expand the HUBZone program for communities affected by base realignment and closure, and for other purposes. 1. Short title This Act may be cited as the HUBZone Expansion Act of 2013 . 2. Expanding HUBZone program for communities affected by base realignment and closure Section 3(p)(4)(D) of the Small Business Act ( 15 U.S.C. 632(p)(4)(D) ) is amended— (1) in clause (iv), by striking the period at the end and inserting ; and ; (2) by redesignating clauses (i), (ii), (iii), and (iv) as subclauses (I), (II), (III), and (IV), respectively, and moving the margins 2 ems to the right; (3) in the matter preceding subclause (I), as so redesignated, by striking means lands within and inserting the following: “means— (i) lands within ; and (4) by adding at the end the following: (ii) a geographic area that— (I) is— (aa) the municipality in which the military installation is located; (bb) the county in which the military installation is located; or (cc) (AA) the census tract in which the military installation is located; or (BB) the census tract in which the military installation is located and a census tract contiguous to that census tract; and (II) has a total population of not more than 50,000, as determined with reference to the most recent decennial census. .

https://www.govinfo.gov/content/pkg/BILLS-113hr489ih/xml/BILLS-113hr489ih.xml

113-hr-490

I 113th CONGRESS 1st Session H. R. 490 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Quigley (for himself, Mr. Chabot , Mr. Schneider , Mr. Higgins , Ms. Kaptur , Mr. Kinzinger of Illinois , Mr. Lipinski , Ms. Schakowsky , Mr. Schock , Mr. Shimkus , Mr. Gutierrez , Mr. Keating , Mr. Amash , Mr. Heck of Nevada , Ms. Norton , Mr. Smith of Washington , Ms. Wasserman Schultz , Mrs. Carolyn B. Maloney of New York , and Mr. Foster ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend section 217 of the Immigration and Nationality Act to modify the visa waiver program, and for other purposes. 1. Short title This Act may be cited as the Visa Waiver Program Enhanced Security and Reform Act . 2. Visa waiver program enhanced security and reform (a) Definitions Section 217(c)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1187(c)(1) ) is amended to read as follows: (1) Authority to designate; definitions (A) Authority to designate The Secretary of Homeland Security, in consultation with the Secretary of State, may designate any country as a program country if that country meets the requirements under paragraph (2). (B) Definitions In this subsection: (i) Appropriate congressional committees The term appropriate congressional committees means— (I) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and (II) the Committee on Foreign Affairs, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives. (ii) Overstay rate (I) Initial designation The term overstay rate means, with respect to a country being considered for designation in the program, the ratio of— (aa) the number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to (bb) the number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during that fiscal year. (II) Continuing designation The term overstay rate means, for each fiscal year after initial designation under this section with respect to a country, the ratio of— (aa) the number of nationals of that country who were admitted to the United States under this section or on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to (bb) the number of nationals of that country who were admitted to the United States under this section or on the basis of a nonimmigrant visa under section 101(a)(15)(B) whose periods of authorized stay ended during that fiscal year. (III) Computation of overstay rate In determining the overstay rate for a country, the Secretary of Homeland Security may utilize information from any available databases to ensure the accuracy of such rate. (iii) Program country The term program country means a country designated as a program country under subparagraph (A). . (b) Technical and conforming amendments Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended— (1) by striking Attorney General each place the term appears (except in subsection (c)(11)(B)) and inserting Secretary of Homeland Security ; and (2) in subsection (c)— (A) in paragraph (2)(C)(iii), by striking Committee on the Judiciary and the Committee on International Relations of the House of Representatives and the Committee on the Judiciary and the Committee on Foreign Relations of the Senate and inserting appropriate congressional committees ; (B) in paragraph (5)(A)(i)(III), by striking Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Homeland Security, of the House of Representatives and the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate and inserting appropriate congressional committees ; and (C) in paragraph (7), by striking subparagraph (E). (c) Designation of program countries based on overstay rates (1) In general Section 217(c)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(A)) is amended to read as follows: (A) General numerical limitations (i) Low nonimmigrant visa refusal rate The percentage of nationals of that country refused nonimmigrant visas under section 101(a)(15)(B) during the previous full fiscal year was not more than 3 percent of the total number of nationals of that country who were granted or refused nonimmigrant visas under such section during such year. (ii) Low nonimmigrant overstay rate The overstay rate for that country was not more than 3 percent during the previous fiscal year. . (2) Qualification criteria Section 217(c)(3) of such Act ( 8 U.S.C. 1187(c)(3) ) is amended to read as follows: (3) Qualification criteria After designation as a program country under section 217(c)(2), a country may not continue to be designated as a program country unless the Secretary of Homeland Security, in consultation with the Secretary of State, determines, pursuant to the requirements under paragraph (5), that the designation will be continued. . (3) Initial period Section 217(c) of such Act is further amended by striking subsection (c)(4). (4) Continuing designation Section 217(c)(5)(A)(i)(II) of such Act (8 U.S.C. 1187(c)(5)(A)(i)(II)) is amended to read as follows: (II) shall determine, based upon the evaluation in subclause (I), whether any such designation under subsection (d) or (f), or probation under subsection (f), ought to be continued or terminated; . (5) Computation of visa refusal rates; judicial review Section 217(c)(6) of such Act (8 U.S.C. 1187(c)(6)) is amended to read as follows: (6) Computation of visa refusal rates and judicial review (A) Computation of visa refusal rates For purposes of determining the eligibility of a country to be designated as a program country, the calculation of visa refusal rates shall not include any visa refusals which incorporate any procedures based on, or are otherwise based on, race, sex, or disability, unless otherwise specifically authorized by law or regulation. (B) Judicial review No court shall have jurisdiction under this section to review any visa refusal, the Secretary of State’s computation of a visa refusal rate, the Secretary of Homeland Security’s computation of an overstay rate, or the designation or nondesignation of a country as a program country. . (6) Visa waiver information Section 217(c)(7) of such Act ( 8 U.S.C. 1187(c)(7) ) is amended— (A) by striking subparagraphs (B) through (D); and (B) by striking waiver information .— and all that follows through In refusing and inserting waiver information .—In refusing . (7) Waiver authority Section 217(c)(8) of such Act ( 8 U.S.C. 1187(c)(8) ) is amended to read as follows: (8) Waiver authority The Secretary of Homeland Security, in consultation with the Secretary of State, may waive the application of paragraph (2)(A)(i) for a country if— (A) the country meets all other requirements of paragraph (2); (B) the Secretary of Homeland Security determines that the totality of the country's security risk mitigation measures provide assurance that the country's participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States; (C) there has been a general downward trend in the percentage of nationals of the country refused nonimmigrant visas under section 101(a)(15)(B); (D) the country consistently cooperated with the Government of the United States on counterterrorism initiatives, information sharing, preventing terrorist travel, and extradition to the United States of individuals (including the country's own nationals) who commit crimes that violate United States law before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State assess that such cooperation is likely to continue; and (E) the percentage of nationals of the country refused a nonimmigrant visa under section 101(a)(15)(B) during the previous full fiscal year was not more than 10 percent of the total number of nationals of that country who were granted or refused such nonimmigrant visas. . (d) Termination of designation; probation Section 217(f) of the Immigration and Nationality Act (8 U.S.C. 1187(f)) is amended to read as follows: (f) Termination of designation; probation (1) Definitions In this subsection: (A) Probationary period The term probationary period means the fiscal year in which a probationary country is placed in probationary status under this subsection. (B) Program country The term program country has the meaning given that term in subsection (c)(1)(B). (2) Determination, notice, and initial probationary period (A) Determination of probationary status and notice of noncompliance As part of each program country’s periodic evaluation required by subsection (c)(5)(A), the Secretary of Homeland Security shall determine whether a program country is in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (B) Initial probationary period If the Secretary of Homeland Security determines that a program country is not in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2), the Secretary of Homeland Security shall place the program country in probationary status for the fiscal year following the fiscal year in which the periodic evaluation is completed. (3) Actions at the end of the initial probationary period At the end of the initial probationary period of a country under paragraph (2)(B), the Secretary of Homeland Security shall take 1 of the following actions: (A) Compliance during initial probationary period If the Secretary determines that all instances of noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2) that were identified in the latest periodic evaluation have been remedied by the end of the initial probationary period, the Secretary shall end the country’s probationary period. (B) Noncompliance during initial probationary period If the Secretary determines that any instance of noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2) that were identified in the latest periodic evaluation has not been remedied by the end of the initial probationary period— (i) the Secretary may terminate the country’s participation in the program; or (ii) on an annual basis, the Secretary may continue the country’s probationary status if the Secretary, in consultation with the Secretary of State, determines that the country’s continued participation in the program is in the national interest of the United States. (4) Actions at the end of additional probationary periods At the end of all probationary periods granted to a country pursuant to paragraph (3)(B)(ii), the Secretary shall take 1 of the following actions: (A) Compliance during additional period The Secretary shall end the country’s probationary status if the Secretary determines during the latest periodic evaluation required by subsection (c)(5)(A) that the country is in compliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (B) Noncompliance during additional periods The Secretary shall terminate the country's participation in the program if the Secretary determines during the latest periodic evaluation required by subsection (c)(5)(A) that the program country continues to be in noncompliance with the program requirements under subparagraphs (A)(ii) through (F) of subsection (c)(2). (5) Effective date The termination of a country's participation in the program under paragraph (3)(B) or (4)(B) shall take effect on the first day of the first fiscal year following the fiscal year in which the Secretary determines that such participation shall be terminated. Until such date, nationals of the country shall remain eligible for a waiver under subsection (a). (6) Treatment of nationals after termination For purposes of this subsection and subsection (d)— (A) nationals of a country whose designation is terminated under paragraph (3) or (4) shall remain eligible for a waiver under subsection (a) until the effective date of such termination; and (B) a waiver under this section that is provided to such a national for a period described in subsection (a)(1) shall not, by such termination, be deemed to have been rescinded or otherwise rendered invalid, if the waiver is granted prior to such termination. (7) Consultative role of the secretary of state In this subsection, references to subparagraphs (A)(ii) through (F) of subsection (c)(2) and subsection (c)(5)(A) carry with them the consultative role of the Secretary of State as provided in those provisions. . (e) Review of overstay tracking methodology Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a review of the methods used by the Secretary of Homeland Security— (1) to track aliens entering and exiting the United States; and (2) to detect any such alien who stays longer than such alien's period of authorized admission. (f) Evaluation of electronic system for travel authorization Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress— (1) an evaluation of the security risks of aliens who enter the United States without an approved Electronic System for Travel Authorization verification; and (2) a description of any improvements needed to minimize the number of aliens who enter the United States without the verification described in paragraph (1). (g) Sense of Congress on priority for review of program countries It is the sense of Congress that the Secretary of Homeland Security, in the process of conducting evaluations of countries participating in the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ), should prioritize the reviews of countries in which circumstances indicate that such a review is necessary or desirable.

https://www.govinfo.gov/content/pkg/BILLS-113hr490ih/xml/BILLS-113hr490ih.xml

113-hr-491

I 113th CONGRESS 1st Session H. R. 491 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Smith of New Jersey introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committees on Ways and Means and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prevent United States businesses from cooperating with repressive governments in transforming the Internet into a tool of censorship and surveillance, to fulfill the responsibility of the United States Government to promote freedom of expression on the Internet, to restore public confidence in the integrity of United States businesses, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Global Online Freedom 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. Severability. Title I—Promotion of global Internet freedom Sec. 101. Statement of policy. Sec. 102. Sense of Congress. Sec. 103. Annual Country Reports on Human Rights Practices. Sec. 104. Annual designation of Internet-restricting countries; report. Sec. 105. Report on trade-related issues or disputes due to government censorship or disruption of the Internet. Title II—Corporate transparency and accountability to protect online freedom Sec. 201. Disclosure of human rights due diligence. Title III—Export controls on certain telecommunications equipment Sec. 301. Export controls on certain telecommunications equipment. 2. Findings Congress makes the following findings: (1) The political and economic benefits of the Internet are important to advancing democracy and freedom throughout the world, but the potential benefits of this transformative technology are under attack by authoritarian governments. (2) A number of repressive foreign governments block, restrict, otherwise control, and monitor the Internet, effectively transforming the Internet into a tool of censorship and surveillance. (3) A number of United States businesses have enabled repressive regimes to compromise the security of Internet users engaged in peaceful discussion of political, social, and religious issues and severely limit their access to information and communication channels by selling these governments or their agents technology or training. (4) A number of United States businesses have provided repressive governments with information about Internet users who were the company’s clients or were using the companies’ products, that has led to the arrest and imprisonment of the Internet users. (5) The actions of a number of United States businesses in cooperating with the efforts of repressive governments to transform the Internet into a tool of censorship and surveillance have caused Internet users in the United States and in foreign countries to lose confidence in the integrity of United States businesses. (6) Information and communication technology companies are to be commended for cooperating with civil society organizations, academics, and investors in founding the Global Network Initiative, in order to provide direction and guidance to the information and communication technology companies and others in protecting the free expression and privacy of Internet users. Human rights due diligence by companies makes a difference. (7) The United States Government has a responsibility to protect freedom of expression on the Internet, to prevent United States businesses from directly and materially cooperating in human rights abuses perpetrated by repressive foreign governments, and to restore public confidence in the integrity of United States business. 3. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives; and (B) the Committee on Foreign Relations and the Committee on Finance of the Senate. (2) Foreign official The term foreign official means— (A) any officer or employee of a foreign government or of any department; and (B) any person acting in an official capacity for or on behalf of, or acting under color of law with the knowledge of, any such government or such department, agency, state-owned enterprise, or instrumentality. (3) Internet The term Internet has the meaning given the term in section 231(e)(3) of the Communications Act of 1934 ( 47 U.S.C. 231(e)(3) ). (4) Internet-restricting country The term Internet-restricting country means a country designated by the Secretary of State pursuant to section 104(a) of this Act. (5) Legitimate foreign law enforcement purpose (A) In general The term legitimate foreign law enforcement purpose means for the purpose of enforcement, investigation, or prosecution by a foreign official based on a publicly promulgated law of reasonable specificity that proximately relates to the protection or promotion of the health, safety, or morals of the citizens of the jurisdiction of such official. (B) Rule of construction For purposes of this Act, the control, suppression, or punishment of peaceful expression of political, religious, or ideological opinion or belief shall not be construed to constitute a legitimate foreign law enforcement purpose. Among expression that should be construed to be protected against control, suppression, or punishment when evaluating a foreign government’s claim of a legitimate foreign law enforcement purpose is expression protected by article 19 of the International Covenant on Civil and Political Rights. (C) Rule of construction No provision under this Act shall be construed to affect a country’s ability to adopt measures designed to combat infringement of intellectual property. (6) Substantial restrictions on internet freedom The term substantial restrictions on Internet freedom means actions that restrict or punish the free availability of information via the Internet for reasons other than legitimate foreign law enforcement purposes, including— (A) deliberately blocking, filtering, or censoring information available via the Internet based on the expression of political, religious, or ideological opinion or belief, including by electronic mail; or (B) persecuting, prosecuting, or otherwise punishing an individual or group for posting or transmitting peaceful political, religious, or ideological opinion or belief via the Internet, including by electronic mail. (7) United states business The term United States business means— (A) any corporation, partnership, association, joint-stock company, business trust, unincorporated organization, or sole proprietorship that— (i) has its principal place of business in the United States; or (ii) is organized under the laws of a State of the United States or a territory, possession, or commonwealth of the United States; and (B) any issuer of a security registered pursuant to section 12 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l ). 4. Severability If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by such invalidation. I Promotion of global Internet freedom 101. Statement of policy It shall be the policy of the United States— (1) to promote as a fundamental component of United States foreign policy the right of every individual to freedom of opinion and expression, including the right to hold opinions, and to seek, receive, and impart information and ideas through any media and regardless of frontiers, without interference; (2) to use all appropriate instruments of United States influence, including diplomacy, trade policy, and export controls, to support, promote, and strengthen principles, practices, and values that promote the free flow of information without interference or discrimination, including through the Internet and other electronic media; and (3) to deter any United States business from cooperating with officials of Internet-restricting countries in effecting the political censorship of online content. 102. Sense of Congress It is the sense of the Congress that— (1) the President should, through bilateral, and where appropriate, multilateral activities, seek to obtain the agreement of other countries to promote the goals and objectives of this Act and to protect Internet freedom; and (2) to the extent possible in every country in which they operate, United States businesses should work to— (A) ensure access to the Web sites of the Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, Al-Hurra, Radio Sawa, Radio Farda, Radio Marti, TV Marti, or other United States-supported Web sites and online access to United States Government reports such as the annual Country Reports on Human Rights Practices, the annual Reports on International Religious Freedom, and the annual Trafficking in Human Persons Reports; and (B) promote the security of Internet users and expand their access to information and communication channels by limiting censorship of protected political and religious speech and information. 103. Annual Country Reports on Human Rights Practices (a) Report relating to economic assistance Section 116 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n ) is amended by adding at the end the following new subsection: (g) (1) The report required by subsection (d) shall include an assessment of freedom of expression with respect to electronic information in each foreign country. Such assessment shall consist of the following: (A) An assessment of the general extent to which Internet access is available to and used by citizens in that country. (B) An assessment of the extent to which government authorities in that country attempt to filter, censor, or otherwise block or remove nonviolent expression of political or religious opinion or belief via the Internet, including electronic mail, as well as a description of the means by which such authorities attempt to block or remove protected speech. (C) An assessment of the extent to which government authorities in that country have persecuted, prosecuted, or otherwise punished an individual or group for the nonviolent expression of political, religious, or ideological opinion or belief via the Internet, including electronic mail. (D) An assessment of the extent to which government authorities in that country have sought to collect, request, obtain, or disclose the personally identifiable information of a person in connection with that person’s nonviolent expression of political, religious, or ideological opinion or belief, including without limitation communication that would be protected by the International Covenant on Civil and Political Rights. (E) An assessment of the extent to which wire communications and electronic communications are illicitly monitored in that country. (2) In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel shall consult with human rights organizations, technology and Internet companies, and other appropriate nongovernmental organizations. (3) In this subsection— (A) the term electronic communication has the meaning given the term in section 2510 of title 18, United States Code; (B) the term Internet has the meaning given the term in section 231(e)(3) of the Communications Act of 1934 ( 47 U.S.C. 231(e)(3) ); (C) the term personally identifiable information means data in a form that identifies a particular person; and (D) the term wire communication has the meaning given the term in section 2510 of title 18, United States Code. . (b) Report relating to security assistance Section 502B of the Foreign Assistance Act of 1961 (22 15 U.S.C. 2304 ) is amended by adding at the end the following new subsection: (j) (1) The report required by subsection (b) shall include an assessment of freedom of expression with respect to electronic information in each foreign country. Such assessment shall consist of the following: (A) An assessment of the general extent to which Internet access is available to and used by citizens in that country. (B) An assessment of the extent to which government authorities in that country attempt to filter, censor, or otherwise block or remove nonviolent expression of political or religious opinion or belief via the Internet, including electronic mail, as well as a description of the means by which such authorities attempt to block or remove protected speech. (C) An assessment of the extent to which government authorities in that country have persecuted, prosecuted, or otherwise punished an individual or group for the peaceful expression of political, religious, or ideological opinion or belief via the Internet, including electronic mail. (D) An assessment of the extent to which government authorities in that country have sought to collect, request, obtain, or disclose the personally identifiable information of a person in connection with that person’s communication of ideas, facts, or views where such communication would be protected by the International Covenant on Civil and Political Rights. (E) An assessment of the extent to which wire communications and electronic communications are illicitly monitored in that country. (2) In compiling data and making assessments for the purposes of paragraph (1), United States diplomatic mission personnel shall consult with human rights organizations, technology and Internet companies, and other appropriate nongovernmental organizations. (3) In this subsection— (A) the term electronic communication has the meaning given the term in section 2510 of title 18, United States Code; (B) the term Internet has the meaning given the term in section 231(e)(3) of the Communications Act of 1934 ( 47 U.S.C. 231(e)(3) ); (C) the term personally identifiable information means data in a form that identifies a particular person; and (D) the term wire communication has the meaning given the term in section 2510 of title 18, United States Code. . 104. Annual designation of Internet-restricting countries; report (a) Designation (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall designate Internet-restricting countries for purposes of this Act. (2) Standard A foreign country shall be designated as an Internet-restricting country if the Secretary of State, after consultation with the Secretary of Commerce, determines, based on the review of the evidence that the government of the country is directly or indirectly responsible for a systematic pattern of substantial restrictions on Internet freedom during any part of the preceding 1-year period. (b) Report (1) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall transmit to the appropriate congressional committees a report that contains the following: (A) The name of each foreign country that at the time of the transmission of the report is designated as an Internet-restricting country under subsection (a). (B) An identification of each government agency and quasi-government organization responsible for the substantial restrictions on Internet freedom in each foreign country designated as an Internet-restricting country under subsection (a). (C) A description of efforts by the United States to counter the substantial restrictions on Internet freedom referred to in subparagraph (B), including a description and details of programs funded under any other provision of law with the purpose of promoting Internet freedom. (D) A description of the evidence used by the Secretary of State to make the determinations under subsection (a)(2). (2) Form The information required by paragraph (1)(C) may be provided in a classified form if necessary. (3) Public availability All unclassified portions of the report shall be made publicly available on the Internet Web site of the Department of State. 105. Report on trade-related issues or disputes due to government censorship or disruption of the Internet (a) Report Not later than 90 days after the date of the enactment of this Act, the United States Trade Representative, in consultation with the Secretary of State and the Secretary of Commerce, shall transmit to the appropriate congressional committees a report on— (1) any trade-related issues or disputes that arise due to government censorship or disruption of the Internet among United States trade partners; and (2) efforts by the United States Government to address the issues or disputes described in paragraph (1) either bilaterally or multilaterally. (b) Sense of Congress It is the sense of Congress that the United States should pursue trade policies that expand the information economy by— (1) ensuring the free flow of information across the entire global network; (2) promoting stronger international transparency rules; and (3) ensuring fair and equal treatment of online services regardless of country of origin. II Corporate transparency and accountability to protect online freedom 201. Disclosure of human rights due diligence (a) In general Section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ) is amended by adding at the end the following: (s) Disclosure of human rights due diligence (1) Disclosure Except as provided in paragraph (3), each Internet communications service company that operates in an Internet-restricting country shall include in the annual report of the company information relating to the company, any subsidiary of the company, and any entity under the control of either of such companies, relating to the following: (A) Human rights due diligence Company policies applicable to the company’s internal operations that address human rights due diligence through a statement of policy that is consistent with applicable provisions of the Guidelines for Multinational Enterprises issued by the Organization for Economic Co-operation and Development, and whether such policy— (i) is approved at the most senior level of the company; (ii) explicitly states the company’s expectations of personnel, business partners, and other parties under the control of the company, products, or services; (iii) is publicly available and communicated internally and externally to all personnel, business partners, other relevant partners, customers, and users; (iv) is reflected in operational policies and procedures necessary to embed it throughout the company; and (v) is independently assessed by a third party to demonstrate compliance in practice, which should include— (I) whether the assessment was conducted under the supervision of any third party organization or multi-stakeholder initiative; (II) a description of the assessment process; (III) a description of measures taken to ensure the assessor’s independence; and (IV) inclusion of the assessor’s public report. (B) Non-compliance If the company’s policy does not comply with any of the requirements of clauses (i) through (iv) of subparagraph (A), an explanation of why the company’s policy does not meet each such requirement. (C) Policies pertaining to disclosure of personally identifiable information If the company collects or obtains personally identifiable information, the contents of wire communications or electronic communications in electronic storage, or the contents of wire communications or electronic communications in a remote computing service on the Internet, a summary of any internal policies or procedures of the company that set out how the company will assess and respond to requests by the governments of Internet-restricting countries for disclosure of such personally identifiable information or communications. (D) Restrictions on Internet search engines and Internet content hosting services If the company creates, provides, or hosts an Internet search engine or an Internet content hosting service, all steps taken to provide users and customers with clear, prominent, and timely notice when access to specific content has been removed or blocked at the request of an Internet-restricting country. (2) Availability of information The Commission shall make all information reported by an issuer pursuant to this subsection available online to the public. (3) Safe harbor (A) In general An Internet communications service company that operates in an Internet-restricting country shall not be required to include in the annual report of the company information described in paragraph (1) if the company includes in the annual report of the company a certification of the Global Network Initiative or a multi-stakeholder initiative described in subparagraph (B) that the company participates in good standing in the Global Network Initiative or the multi-stakeholder initiative (as the case may be). (B) Multi-stakeholder initiative A multi-stakeholder initiative referred to in subparagraph (A) is an initiative that— (i) is composed of civil society organizations, including human rights organizations and Internet communications service companies; (ii) promotes the rule of law and the adoption of laws, policies, and practices that protect, respect, and fulfill freedom of expression and privacy; and (iii) requires each company participating in the initiative to undergo assessments by an independent third party described in subparagraph (C) of the company’s compliance with the standards described in clause (ii). (C) Independent third party An independent third party referred to in subparagraph (B)(iii) is an entity accredited by the multi-stakeholder initiative to conduct assessments based on criteria that include— (i) general expertise in legal and human rights standards; and (ii) specific expertise in global business processes relating to information and communication technology, including operations, product development cycles, market segments and industry relationships, information technology privacy, safety, and security standards, data retention systems, and database forensics. (4) Definitions In this subsection: (A) Electronic communication and other title 18 definitions The terms electronic communication , electronic communication service , electronic storage , wire communication , and contents have the meanings given such terms in section 2510 of title 18, United States Code. (B) Internet The term Internet has the meaning given the term in section 231(e)(3) of the Communications Act of 1934 ( 47 U.S.C. 231(e)(3) ). (C) Internet communications service company The term Internet communications service company means an issuer that— (i) is required to file an annual report with the Commission; and (ii) (I) provides electronic communication services or remote computing services, but does not include— (aa) businesses that provide such services as an ancillary service to the provision of lodging, transportation, or food services; or (bb) activities conducted by a financial institution (as such term is defined in section 5312 of title 31, United States Code) that are financial in nature, even if such activities are conducted using the Internet; or (II) is a domain name registrar, domain name registry, or other domain name registration authority. (D) Internet content hosting service The term Internet content hosting service means a service that— (i) stores, through electromagnetic or other means, electronic data, such as the content of Web pages, electronic mail, documents, images, audio and video files, online discussion boards, or Web logs; and (ii) makes such data available via the Internet. (E) Internet-restricting country The term Internet-restricting country has the meaning given such term under section 3 of the Global Online Freedom Act of 2013 . (F) Internet search engine The term Internet search engine means a service made available via the Internet that, on the basis of a query consisting of terms, concepts, questions, or other data input by a user, searches information available on the Internet and returns to the user a link to or other means of locating, viewing, or downloading information or data available on the Internet relating to such query. (G) Personally identifiable information The term personally identifiable information means data in a form that identifies a particular person. (H) Remote computing service The term remote computing service has the meaning given such term under section 2711(2) of title 18, United States Code. . (b) Rulemaking Not later than the end of the 270-day period beginning on the date of the enactment of this Act, the Securities and Exchange Commission shall issue final rules to carry out section 13(s) of the Securities and Exchange Act of 1934, as added by subsection (a). III Export controls on certain telecommunications equipment 301. Export controls on certain telecommunications equipment (a) In general Section 6 of the Export Administration Act of 1979 ( 50 U.S.C. App. 2405 ), as continued in effect under the International Emergency Economic Powers Act, is amended by adding at the end the following: (t) Certain telecommunications equipment (1) In general The Secretary, in consultation with the Secretary of State, the Secretary of Defense, and the heads of other appropriate Federal departments and agencies, shall establish and maintain, as part of the list maintained under this section, a list of goods and technology that would serve the primary purpose of assisting, or be specifically configured to assist, a foreign government in acquiring the capability to carry out censorship, surveillance, or any other similar or related activity through means of telecommunications, including the Internet, the prohibition or licensing of which would be effective in barring acquisition or enhancement of such capability. (2) Internet-restricting countries Notwithstanding any other provision of law, the Secretary shall prohibit the export of goods or technology on the list established under paragraph (1) to a government end user in any Internet-restricting country. (3) Waiver The President may waive the application of paragraph (2) with respect to export of goods or technology on the list established under paragraph (1) on a case-by-case basis if the President determines and certifies to Congress that it is in the national interests of the United States to do so. (4) Definitions In this subsection— (A) the term Internet has the meaning given the term in section 231(e)(3) of the Communications Act of 1934 ( 47 U.S.C. 231(e)(3) ); (B) the term Internet-restricting country means a country designated by the Secretary of State pursuant to section 104(a) of the Global Online Freedom Act of 2013 ; (C) a government end user in a country— (i) is an end user that is a government of that country, or of a political subdivision of that country, or is an agency or instrumentality of such a government; and (ii) includes a telecommunications or Internet service provider that is wholly or partially owned by a government of that country; and (D) an agency or instrumentality of a government is an agency or instrumentality of a foreign state , as defined in section 1603 of title 28, United States Code. . (b) Regulations (1) In general Not later than 1 year after the date of the enactment of this Act, the President shall revise the Export Administration Regulations and any other regulations necessary to carry out the amendment made by subsection (a). (2) Export administration regulations In this subsection, the term Export Administration Regulations means the Export Administration Regulations as maintained and amended under the authority of the International Emergency Economic Powers Act and codified, as of the date of the enactment of this Act, in subchapter C of chapter VII of title 15, Code of Federal Regulations. (c) Effective date Section 6(t) of the Export Administration Act of 1979, as added by subsection (a), shall take effect on the date of the enactment of this Act and shall apply with respect to the export of goods or technology on the list established under paragraph (1) of such section on or after 1 year after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr491ih/xml/BILLS-113hr491ih.xml

113-hr-492

I 113th CONGRESS 1st Session H. R. 492 IN THE HOUSE OF REPRESENTATIVES February 4, 2013 Mr. Stutzman (for himself, Mr. Mulvaney , Mr. McClintock , Mr. Westmoreland , Mr. Thornberry , Mr. Nugent , Mr. Woodall , Mr. Pearce , and Mr. Young of Indiana ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Reserve Act to remove the mandate on the Board of Governors of the Federal Reserve System and the Federal Open Market Committee to focus on maximum employment. 1. Short title This Act may be cited as the Focusing the Fed on the Currency of the United States Act of 2013 or the FFOCUS Act of 2013 . 2. Removal of dual mandate Section 2A of the Federal Reserve Act ( 12 U.S.C. 225a ) is amended by striking maximum employment, stable prices, and inserting stable prices .

https://www.govinfo.gov/content/pkg/BILLS-113hr492ih/xml/BILLS-113hr492ih.xml

113-hr-493

I 113th CONGRESS 1st Session H. R. 493 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Huizenga of Michigan (for himself, Mrs. Hartzler , Mrs. Roby , Mr. Bachus , Mr. Cramer , Mr. Fincher , Mr. Fleming , Mr. Franks of Arizona , Mr. Hultgren , Mr. Jones , Mr. Lamborn , Mr. Latta , Mr. Luetkemeyer , Mr. Marchant , Mr. Pearce , Mr. Pompeo , Mr. Kelly , and Mr. Boustany ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prohibit funds appropriated for the Department of Homeland Security from being used to pay for an abortion, and for other purposes. 1. Short title This Act may be cited as the Homeland Security Respect for Life Act . 2. Prohibition on expenditure of Federal funds by Secretary of Homeland Security (a) In general None of the funds appropriated for the Department of Homeland Security under any Federal law shall be available to pay for any abortion, except— (1) in a case where a pregnant detainee suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the pregnant detainee in danger of death unless an abortion is performed, including a life-endangering physical condition caused by, or arising from, pregnancy itself, or in a case of rape or incest; and (2) that if this subsection is declared unconstitutional by a court of competent jurisdiction, this subsection shall be null and void. (b) No person required To perform services None of the funds appropriated for the Department of Homeland Security under any Federal law shall be used to require any person to perform, or facilitate in any way the performance of, any abortion. (c) Construction Nothing in subsection (b) shall remove any legal obligation the Secretary of Homeland Security may have to provide escort services necessary for a pregnant detainee to receive such service outside a Federal detention facility, except that nothing in this subsection in any way diminishes the effect of subsection (b) in upholding the right of any individual to refrain from involvement in abortion.

https://www.govinfo.gov/content/pkg/BILLS-113hr493ih/xml/BILLS-113hr493ih.xml

113-hr-494

I 113th CONGRESS 1st Session H. R. 494 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Gerlach (for himself, Mr. Neal , Mr. Paulsen , Mr. Blumenauer , Mr. DeFazio , and Mr. McHenry ) 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 reduced rate of excise tax on beer produced domestically by certain qualifying producers. 1. Short title This Act may be cited as the Small Brewer Reinvestment and Expanding Workforce Act or as the Small BREW Act . 2. Reduced rate of excise tax on beer produced domestically by certain qualifying producers (a) In general Paragraph (2) of section 5051(a) of the Internal Revenue Code of 1986 is amended— (1) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, and (2) by striking subparagraph (A) and inserting the following new subparagraphs: (A) In general In the case of a brewer who produces not more than 6,000,000 barrels of beer during the calendar year, the per barrel rate of tax imposed by this section shall be— (i) $3.50 on the first 60,000 qualified barrels of production, and (ii) $16 on the first 1,940,000 qualified barrels of production to which clause (i) does not apply. (B) Qualified barrels of production For purposes of this paragraph, the term qualified barrels of production means, with respect to any brewer for any calendar year, the number of barrels of beer which are removed in such year for consumption or sale and which have been brewed or produced by such brewer at qualified breweries in the United States. . (b) Conforming amendments (1) Subparagraph (C) of section 5051(a)(2) of such Code, as redesignated by this section, is amended— (A) by striking 2,000,000 barrel quantity and inserting 6,000,000 barrel quantity , and (B) by striking 60,000 barrel quantity and inserting 60,000 and 1,940,000 barrel quantities . (2) Subparagraph (D) of such section, as so redesignated, is amended by striking 2,000,000 barrels and inserting 6,000,000 barrels . (c) Effective date The amendments made by this section shall apply to beer removed during calendar years beginning after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr494ih/xml/BILLS-113hr494ih.xml

113-hr-495

I 113th CONGRESS 1st Session H. R. 495 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Roskam (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To make the Internal Revenue Service Free File Program permanent. 1. Short title This Act may be cited as the Free File Program Act of 2013 . 2. Findings The Congress finds the following: (1) The Internal Revenue Service (IRS) Free File program as established by the IRS pursuant to public rulemaking and set forth in the Federal Register, Vol. 67, No. 213, Monday, November 4, 2002, pages 67247–67251, and in implementing agreements and governing rules and requirements between the IRS and the tax software and electronic industry in 2002, 2005, and 2009, has been successful and significant in the efforts of the Federal Government to increase the electronic filing of individual income tax returns. (2) By the end of the current tax return filing season around 40,000,000 Federal individual income tax returns will have been prepared and filed electronically for free under the IRS Free File program. (3) The IRS Free File program offers Federal individual income tax return preparation and electronic filing services to more than 70 percent of taxpayers, approximately 98,000,000 taxpayers at the end of the current tax filing period, at no cost to the taxpayers or to the Federal Government from tax software and electronic filing companies participating in the program, currently 16 companies. (4) By the end of the current tax return filing season, it is estimated that the IRS Free File program will have saved taxpayers approximately $1,110,000,000 and will have saved the Federal Government hundreds of millions of dollars. (5) Under the IRS Free File program, the IRS and the companies participating in the program have made substantial improvements to the program to provide better products and services to eligible taxpayers. (6) The IRS Free File program must be maintained in order to reach and maintain Congress’ goal as set forth in the Internal Revenue Service Restructuring and Reform Act of 1998 of having 80 percent of all Federal individual income tax returns filed electronically. (7) The IRS and the participating tax preparation companies have integrated the IRS Free File program with State tax systems to enable taxpayers to also file their State tax returns in conjunction with their IRS Free File filings. (8) Twenty-two States and the District of Columbia now operate a Free File program patterned after the IRS Free File program again at no cost to the State taxpayers or the State governments. (9) At the end of the current tax return filing season, it is estimated that the Free File States will have saved hundreds of millions of dollars collectively. 3. Internal Revenue Service Free File Program (a) The Secretary of the Treasury, or his delegate, is authorized and directed to continue to implement and operate the Internal Revenue Service (IRS) Free File program as established by the IRS in the public rulemaking of November 4, 2002, and subsequent agreements and governing rules established pursuant thereto in 2002, 2005, and 2009. (b) The IRS Free File program shall continue to provide free online individual income tax preparation and electronic filing services to lower income, working poor, underprivileged, disadvantaged, or underserved populations that comprise 70 percent of the lowest income taxpayers. (c) The Internal Revenue Service shall continue to work cooperatively with the private sector technology industry through the Free File Alliance in providing free individual income tax preparation and electronic filing services and shall not compete with the private sector in providing these services to taxpayers, nor acquire, develop, or deploy enabling systems to duplicate or replace private tax preparation services. (d) The Secretary of the Treasury, or his delegate, may not establish, develop, sponsor, acquire, or make available individual income tax preparation software or electronic filing services that are offered under the IRS Free File program, except through the IRS Free File program, the Internal Revenue Service’s Taxpayer Assistance Centers, Tax Counseling for the Elderly, and volunteer income tax assistance (VITA) programs.

https://www.govinfo.gov/content/pkg/BILLS-113hr495ih/xml/BILLS-113hr495ih.xml

113-hr-496

I 113th CONGRESS 1st Session H. R. 496 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Camp introduced the following bill; which was referred to the Committee on House Administration A BILL To require amounts remaining in Members’ representational allowances at the end of a fiscal year to be used for deficit reduction or to reduce the Federal debt, and for other purposes. 1. Requiring amounts remaining in members’ representational allowances to be used for deficit reduction or to reduce the Federal debt (a) In general Notwithstanding any other provision of law, any amounts appropriated for the Members’ Representational Allowance of a Member of the House of Representatives for a fiscal year which remain after all payments are made under such Allowance for the year shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). (b) Effective date This section shall apply with respect to fiscal year 2013 and each succeeding fiscal year. 2. Publication requirement After each session of Congress or other period for which the Members’ Representational Allowance is made available, there shall be published in the Congressional Record a statement showing, with respect to such session or period, the amount deposited with respect to each Member under section 1 and the total deposited with respect to all Members. 3. Regulations The Committee on House Administration of the House of Representatives shall have authority to prescribe regulations to carry out this Act. 4. Definition As used in this Act, the term Member of the House of Representatives means a Representative in, or a Delegate or Resident Commissioner to, the Congress.

https://www.govinfo.gov/content/pkg/BILLS-113hr496ih/xml/BILLS-113hr496ih.xml

113-hr-497

I 113th CONGRESS 1st Session H. R. 497 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Barletta (for himself and Mr. Schneider ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To allow that certain Federal job training and career education programs give priority to programs that lead to recognized postsecondary credentials. 1. Short title This Act may be cited as the America Works Act . 2. Findings Congress finds the following: (1) Recent data show that United States manufacturing companies cannot fill as many as 600,000 skilled positions, even as unemployment numbers hover at historically high levels. (2) The unfilled positions are mainly in the skilled production category, and in occupations such as machinist, operator, craft worker, distributor, or technician. (3) In less than 20 years, an overall loss of expertise and management skill is expected to result from the gradual departure from the workplace of 77,200,000 workers. (4) Postsecondary success and workforce readiness can be achieved through attainment of a recognized postsecondary credential. (5) The Bureau of Labor Statistics Occupational Outlook estimates that 746,500 new jobs in computer-related occupations will be generated from 2010 to 2020. This would equate to a 23 percent net growth in computer-related occupations. (6) Computer-related occupations with the highest projected growth rates include database administrators, software developers, and network and computer systems administrators. (7) As of June 2012, there were approximately 301,214 job openings in the information technology sector. (8) According to a recent report, 64 percent of managers hiring for information technology jobs rate certifications as having extremely high or high value in validating information technology skills and expertise, and that value is rated highest by senior managers, such as chief information officers, and by medium-size firms. 3. Industry-recognized and nationally portable credentials for job training programs (a) Workforce Investment Act of 1998 (1) Youth activities Section 129(c)(1)(C) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2854(c)(1)(C) ) is amended— (A) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; and (B) inserting after clause (i) the following: (ii) training (which may include priority consideration for training programs that lead to recognized postsecondary credentials (as defined in section 4 of the America Works Act) that are aligned with in-demand occupations or industries in the local area involved, if the local board determines that the programs meet the quality criteria described in section 123); . (2) General employment and training activities Section 134(d)(4)(F) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2864(d)(4)(F) ) is amended by adding at the end the following: (iv) Programs that lead to an industry-recognized and nationally portable credential In assisting individuals in selecting programs of training services under this section, a one-stop operator and employees of a one-stop center referred to in subsection (c) may give priority consideration to programs (approved in conjunction with eligibility decisions made under section 122) that lead to recognized postsecondary credentials (as defined in section 4 of the America Works Act) that are aligned with in-demand occupations or industries in the local area involved. . (3) Criteria (A) General employment and training activities Section 122(b)(2)(D) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2842(b)(2)(D) ) is amended— (i) in clause (ii), by striking and at the end; (ii) in clause (iii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (iv) in the case of a provider of a program of training services that leads to a recognized postsecondary credential (as defined in section 4 of the America Works Act), that the program leading to the credential meets such quality criteria as the Governor shall establish. . (B) Youth activities Section 123 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2843 ) by inserting (including such quality criteria as the Governor shall establish for a training program that leads to a recognized postsecondary credential (as defined in section 4 of the America Works Act)) after plan . (b) Career and technical education (1) State plan Section 122(c)(1)(B) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2342(c)(1)(B) ) is amended— (A) by striking (B) how and inserting (B)(i) how ; (B) by inserting and after the semicolon; and (C) by adding at the end the following (ii) in the case of an eligible entity that, in developing and implementing programs of study leading to recognized postsecondary credentials, desires to give a priority to such programs that are aligned with in-demand occupations or industries in the area served (as determined by the eligible agency) and that may provide a basis for additional credentials, certificates, or degree, how the entity will do so; . (2) Use of local funds Section 134(b) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2354(b) ) is amended— (A) in paragraph (11), by striking ; and and inserting a semicolon; (B) in paragraph (12)(B), by striking the period and inserting ; and ; and (C) by adding at the end the following: (13) describe the career and technical education activities supporting the attainment of recognized postsecondary credentials (as defined in section 4 of the America Works Act), and, in the case of an eligible recipient that desires to provide priority consideration to certain programs of study in accordance with the State plan under section 122(c)(1)(B), how the eligible recipient will give priority consideration to such activities. . (3) Tech-prep programs Section 203(c)(2)(E) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2373(c)(2)(E) ) is amended by striking industry-recognized credential, a certificate, and inserting recognized postsecondary credential (as defined in section 4 of the America Works Act and approved by the eligible agency), . (c) Training programs under TAA Section 236(a) of the Trade Act of 1974 (19 U.S.C. 2296(a)) is amended by adding at the end the following: (12) In approving training programs for adversely affected workers and adversely affected incumbent workers under paragraph (1), the Secretary may give priority consideration to workers seeking training through programs that are approved in conjunction with eligibility decisions made under section 122 of the Workforce Investment Act of 1998 (29 U.S.C. 2842), and that lead to recognized postsecondary credentials (as defined in section 4 of the America Works Act) that are aligned with in-demand occupations or industries in the local area (defined for purposes of title I of the Workforce Investment Act of 1998 ( 29 U.S.C. 2801 et seq. )) involved. . 4. Definitions In this Act: (1) Industry-recognized The term industry-recognized , used with respect to a credential, means a credential that— (A) is sought or accepted by employers within the industry sector involved as recognized, preferred, or required for recruitment, screening, hiring, or advancement; (B) is endorsed by a recognized trade or professional association or organization, representing a significant part of the industry sector; and (C) is a nationally portable credential, meaning a credential that is sought or accepted, across multiple States, as described in subparagraph (A). (2) Recognized postsecondary credential The term recognized postsecondary credential means a credential consisting of an industry-recognized credential for postsecondary training, a certificate that meets the requirements of subparagraphs (A) and (C) of paragraph (1) for postsecondary training, a certificate of completion of a postsecondary apprenticeship through a program described in section 122(a)(2)(B) of the Workforce Investment Act of 1998 ( 29 U.S.C. 2842(a)(2)(B) ), or an associate degree or baccalaureate degree awarded by an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1002(a) )). 5. Rule of construction Nothing in this Act shall be construed to require an entity with responsibility for selecting or approving an education, training, or workforce investment activities program with regard to a covered provision, to select a program with a recognized postsecondary credential or certificate as defined by this Act. 6. Effective Date This Act, and the amendments made by this Act, take effect 120 days after the date of enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr497ih/xml/BILLS-113hr497ih.xml

113-hr-498

I 113th CONGRESS 1st Session H. R. 498 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Ms. Roybal-Allard (for herself, Mr. Wolf , and Ms. DeLauro ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for programs and activities with respect to the prevention of underage drinking. 1. Short title This Act may be cited as the Sober Truth on Preventing Underage Drinking Reauthorization Act or the STOP Act . 2. Amendment to the Public Health Service Act Section 519B of the Public Health Service Act ( 42 U.S.C. 290bb–25b ) is amended by striking subsections (a) through (f) and inserting the following: (a) Definitions For purposes of this section: (1) The term alcohol beverage industry means the brewers, vintners, distillers, importers, distributors, and retail or online outlets that sell or serve beer, wine, and distilled spirits. (2) The term school-based prevention means programs, which are institutionalized, and run by staff members or school-designated persons or organizations in any grade of school, kindergarten through 12th grade. (3) The term youth means persons under the age of 21. (b) Sense of congress It is the sense of the Congress that: (1) A multi-faceted effort is needed to more successfully address the problem of underage drinking in the United States. A coordinated approach to prevention, intervention, treatment, enforcement, and research is key to making progress. This section recognizes the need for a focused national effort, and addresses particulars of the Federal portion of that effort, as well as Federal support for State activities. (2) The Secretary shall continue to conduct research and collect data on the short- and long-range impact of alcohol use and abuse upon adolescent brain development and other organ systems. (3) States and communities, including colleges and universities, are encouraged to adopt comprehensive prevention approaches, including— (A) evidence-based screening, programs, and curricula; (B) brief intervention strategies; (C) consistent policy enforcement; and (D) science-based strategies to reduce underage drinking. (4) Public health groups, consumer groups, and the alcohol beverage industry should continue and expand evidence-based efforts to prevent and reduce underage drinking. (5) The entertainment industries have a powerful impact on youth, and they should use rating systems and marketing codes to reduce the likelihood that underage audiences will be exposed to movies, recordings, television programs, or other digital media with unsuitable alcohol content. (6) The National Collegiate Athletic Association, its member colleges and universities, and athletic conferences should affirm a commitment to a policy of discouraging alcohol use among underage students and other young fans. (7) Alcohol is a unique product and should be regulated differently than other products by the States and Federal Government. States have primary authority to regulate alcohol distribution and sale, and the Federal Government should support and supplement these State efforts. States also have a responsibility to fight youth access to alcohol and reduce underage drinking. Continued State regulation and licensing of the manufacture, importation, sale, distribution, transportation and storage of alcoholic beverages are clearly in the public interest and are critical to promoting responsible consumption, preventing illegal access to alcohol by persons under 21 years of age from commercial and non-commercial sources, maintaining industry integrity and an orderly marketplace, and furthering effective State tax collection. (8) The age-21 minimum drinking law, enacted in 1984, has been a remarkably effective public health and safety policy, as evidenced by the fact that the percentage of 12th graders who have drunk alcohol in the past month has fallen by one-third since the enactment of such law. (9) The age-21 minimum drinking law has also has been significantly effective in reducing drinking and driving traffic fatalities, as the National Highway Traffic Safety Administration (NHTSA) estimates that the law has saved over 28,000 lives since 1975. (10) Community awareness, support, and mobilization provide an important context for the effective enforcement of the age-21 minimum drinking law. (c) Interagency coordinating committee; annual report on State underage drinking prevention and enforcement activities (1) Interagency coordinating committee on the prevention of underage drinking (A) In general The Secretary, in collaboration with the Federal officials specified in subparagraph (B), shall continue to support and enhance the efforts of the interagency coordinating committee, that began operating in 2004, focusing on underage drinking (referred to in this subsection as the Committee ). (B) Other agencies The officials referred to in subparagraph (A) are the Secretary of Education, the Attorney General, the Secretary of Transportation, the Secretary of the Treasury, the Secretary of Defense, the Surgeon General, the Director of the Centers for Disease Control and Prevention, the Director of the National Institute on Alcohol Abuse and Alcoholism, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the National Institute on Drug Abuse, the Assistant Secretary for Children and Families, the Director of the Office of National Drug Control Policy, the Administrator of the National Highway Traffic Safety Administration, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, the Chairman of the Federal Trade Commission, and such other Federal officials as the Secretary of Health and Human Services determines to be appropriate. (C) Chair The Secretary of Health and Human Services shall serve as the chair of the Committee. (D) Duties The Committee shall guide policy and program development across the Federal Government with respect to underage drinking, provided, however, that nothing in this section shall be construed as transferring regulatory or program authority from an Agency to the Coordinating Committee. (E) Consultations The Committee shall actively seek the input of and shall consult with all appropriate and interested parties, including States, public health research and interest groups, foundations, and alcohol beverage industry trade associations and companies. (F) Annual report (i) In general The Secretary, on behalf of the Committee, shall annually submit to the Congress a report that summarizes— (I) all programs and policies of Federal agencies designed to prevent and reduce underage drinking, focusing particularly on programs and policies that support the adoption and enforcement of State policies designed to prevent and reduce underage drinking as specified in paragraph (2); (II) the extent of progress in preventing and reducing underage drinking at State and national levels; (III) data that the Secretary shall collect with respect to the information specified in clause (ii); and (IV) such other information regarding underage drinking as the Secretary determines to be appropriate. (ii) Certain information The report under clause (i) shall include information on the following: (I) Patterns and consequences of underage drinking as reported in research and surveys such as, but not limited to, Monitoring the Future, Youth Risk Behavior Surveillance System, the National Survey on Drug Use and Health, and the Fatality Analysis Reporting System. (II) Measures of the availability of alcohol from commercial and non-commercial sources to underage populations. (III) Measures of the exposure of underage populations to messages regarding alcohol in advertising and the entertainment media. (IV) Surveillance data, including information on the onset and prevalence of underage drinking, consumption patterns, beverage preferences, prevalence of drinking among students at institutions of higher education, correlations between adult and youth drinking, and the means of underage access, including trends over time for these surveillance data. The Secretary shall develop a plan to improve the collection, measurement, and consistency of reporting Federal underage alcohol data. (V) Any additional findings resulting from research conducted or supported under subsection (f). (VI) Evidence-based best practices to prevent and reduce underage drinking including a review of the research literature related to State laws, regulations, and policies designed to prevent and reduce underage drinking, as described in paragraph (2)(B)(i). (2) Annual report on State underage drinking prevention and enforcement activities (A) In general The Secretary shall, with input and collaboration from other appropriate Federal agencies, States, Indian tribes, territories, and public health, consumer, and alcohol beverage industry groups, annually issue a report on each State’s performance in enacting, enforcing, and creating laws, regulations, and policies to prevent or reduce underage drinking based on an assessment of best practices developed pursuant to paragraph (1)(F)(ii)(VI) and subparagraph (B)(i). For purposes of this paragraph, each such report, with respect to a year, shall be referred to as the State Report . Each State Report shall be designed as a resource tool for Federal agencies assisting States in the States’ underage drinking prevention efforts, State public health and law enforcement agencies, State and local policy makers, and underage drinking prevention coalitions including those receiving grants pursuant to subsection (e)(1). (B) State Report performance measures and content (i) In general The Secretary shall develop, in consultation with the Committee, a set of measures to be used in preparing the report on best practices as they relate to State laws, regulations, policies, and enforcement practices. (ii) State report content Each State Report shall include updates on State laws, regulations, and policies, including, but not limited to the following: (I) Whether or not the State has comprehensive anti-underage drinking laws such as for the illegal sale, purchase, attempt to purchase, consumption, or possession of alcohol; illegal use of fraudulent ID; illegal furnishing or obtaining of alcohol for an individual under 21 years; the degree of strictness of the penalties for such offenses; and the prevalence of the enforcement of each of these infractions. (II) Whether or not the State has comprehensive liability statutes pertaining to underage access to alcohol such as dram shop, social host, and house party laws, and the prevalence of enforcement of each of these laws. (III) Whether or not the State encourages and conducts comprehensive enforcement efforts to prevent underage access to alcohol at retail outlets, such as random compliance checks and shoulder tap programs, and the number of compliance checks within alcohol retail outlets measured against the number of total alcohol retail outlets in each State, and the result of such checks. (IV) Whether or not the State encourages training on the proper selling and serving of alcohol for all sellers and servers of alcohol as a condition of employment. (V) Whether or not the State has policies and regulations with regard to direct sales to consumers and home delivery of alcoholic beverages. (VI) Whether or not the State has programs or laws to deter adults from purchasing alcohol for minors; and the number of adults targeted by these programs. (VII) Whether or not the State has enacted graduated drivers licenses and the extent of those provisions. (iii) Additional categories In addition to the updates of State laws, regulations, and policies listed in clause (ii), the Secretary shall consider the following categories, including but not limited to— (I) whether or not States have adopted laws, regulations, and policies that deter underage alcohol use, as described in the Surgeon General’s 2007 Call to Action to Prevent and Reduce Underage Drinking, including restrictions on low-price, high-volume drink specials, and wholesaler pricing provisions; (II) whether or not States have adopted laws, regulations and policies designed to reduce alcohol advertising messages attractive to youth and youth exposure to alcohol advertising and marketing in measured and unmeasured media; (III) whether or not States have laws and policies that promote underage drinking prevention policy development by local jurisdictions; (IV) whether or not States have adopted laws, regulations, and policies to restrict youth access to alcoholic beverages that may pose special risks to youth, including but not limited to alcoholic mists, gelatins, freezer pops, pre-mixed caffeinated alcoholic beverages, and flavored malt beverages; (V) whether or not States have adopted uniform best practices protocols for conducting compliance checks and shoulder tap programs; and (VI) whether or not States have adopted uniform best practices penalty protocols for violations of laws prohibiting retail licensees from selling or furnishing of alcohol to minors. (iv) Uniform data system For performance measures related to enforcement of underage drinking laws as specified in clause (ii) and (iii), the Secretary shall develop and test a uniform data system for reporting State enforcement data, including the development of a pilot program for this purpose. The pilot program shall include procedures for collecting enforcement data from both State and local law enforcement jurisdictions. (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $1,000,000 for fiscal year 2014, and $1,000,000 for each of the fiscal years 2015 through 2018. (d) National media campaign To prevent underage drinking (1) In general The Secretary, in consultation with the National Highway Traffic Safety Administration, shall develop an intensive, multifaceted, adult-oriented national media campaign to reduce underage drinking by influencing attitudes regarding underage drinking, increasing the willingness of adults to take actions to reduce underage drinking, and encouraging public policy changes known to decrease underage drinking rates. (2) Purpose The purpose of the national media campaign described in this section shall be to achieve the following objectives: (A) Instill a broad societal commitment to reduce underage drinking. (B) Increase specific actions by adults that are meant to discourage or inhibit underage drinking. (C) Decrease adult conduct that tends to facilitate or condone underage drinking. (3) Developmental phase In preparation for the national media campaign described in this section, the Secretary shall conduct, in consultation with appropriate Federal agencies and outside experts, including in marketing, public relations, mass media campaigns, parenting, and alcohol use and abuse, a developmental phase to test specific campaign features prior to beginning an intensive national strategy. This phase shall include research and testing, limited to a period not to exceed 24 months, to determine the following: (A) Promising messages to promote public opinion change. (B) Appropriate channels for reaching target audiences. (C) Appropriate timing and weight for utilizing such promising messages and media channels. (D) Methods for linking the campaign to local, State, and national policy changes affecting underage drinking, if adopted. (E) Productive collaborative partnerships with national and local organizations. (4) Components When implementing the national media campaign described in this section, the Secretary shall— (A) educate the public about the public health and safety benefits of evidence-based policies to reduce underage drinking, including minimum legal drinking age laws, and build public and parental support for and cooperation with enforcement of such policies; (B) educate the public about the negative consequences of underage drinking; (C) promote specific actions by adults that are meant to discourage or inhibit underage drinking, including positive behavior modeling, general parental monitoring, and consistent and appropriate discipline; (D) discourage adult conduct that tends to facilitate underage drinking, including the hosting of underage parties with alcohol and the purchasing of alcoholic beverages on behalf of underage youth; (E) establish collaborative relationships with local and national organizations and institutions to further the goals of the campaign and assure that the messages of the campaign are disseminated from a variety of sources; (F) conduct the campaign through multi-media sources; and (G) conduct the campaign with regard to changing demographics and cultural and linguistic factors. (5) Consultation requirement In developing and implementing the national media campaign described in this section, the Secretary shall consult recommendations for reducing underage drinking published by the National Academy of Sciences. The Secretary shall also consult with interested parties including medical, public health, and consumer and parent groups, law enforcement, institutions of higher education, community organizations and coalitions, and other stakeholders supportive of the goals of the campaign. (6) Annual report Beginning 12 months after the date of the enactment of the Sober Truth on Preventing Underage Drinking Reauthorization Act, the Secretary shall produce an annual report on the progress of the development or implementation of the media campaign described in this section, including expenses and projected costs, and, as such information is available, report on the effectiveness of such campaign in affecting adult attitudes toward underage drinking and adult willingness to take actions to decrease underage drinking. (7) Research on youth-oriented campaign The Secretary may, based on the availability of funds, conduct research on the potential success of a youth-oriented national media campaign to reduce underage drinking. The Secretary shall report any such results to Congress with policy recommendations on establishing such a campaign. (8) Administration The Secretary may enter into a subcontract with another Federal Agency to delegate the authority for execution and administration of the adult oriented national media campaign. (9) Authorization of appropriations There are authorized to be appropriated to carry out this section $1,000,000 for fiscal years 2014 and 2015 and such sums as necessary for each of the fiscal years 2016 through 2018. (e) Community-Based programs To prevent underage drinking (1) Community-based coalition enhancement grants to prevent underage drinking (A) Authorization of program The Administrator of the Substance Abuse and Mental Health Services Administration, in consultation with the Director of the Office of National Drug Control Policy, shall award, if the Administrator determines that the Department of Health and Human Services is not currently conducting activities that duplicate activities of the type described in this subsection, enhancement grants to eligible entities to design, implement, evaluate, and disseminate comprehensive strategies to maximize the effectiveness of community-wide approaches to preventing and reducing underage drinking. This subsection is subject to the availability of appropriations. (B) Purposes The purposes of this paragraph are to— (i) prevent and reduce alcohol use among youth in communities throughout the United States; (ii) serve as a catalyst for increased citizen participation and greater collaboration among all sectors and organizations of a community that first demonstrates a long-term commitment to reducing alcohol use among youth; (iii) implement state-of-the-art science-based strategies to prevent and reduce underage drinking by changing local conditions in communities; and (iv) enhance, not supplant, effective local community initiatives for preventing and reducing alcohol use among youth. (C) Application An eligible entity desiring an enhancement grant under this paragraph shall submit an application to the Administrator at such time, and in such manner, and accompanied by such information as the Administrator may require in accordance with the purposes described in subparagraph (B). Each application shall include— (i) a complete description of the entity’s current underage alcohol use prevention initiatives and how the grant will appropriately enhance the focus on underage drinking issues; or (ii) a complete description of the entity’s current initiatives, and how it will use this grant to enhance those initiatives by adding a focus on underage drinking prevention. (D) Uses of funds Each eligible entity that receives a grant under this paragraph shall use the grant funds to carry out the activities described in such entity’s application submitted pursuant to subparagraph (C) and obtain specialized training and technical assistance by the entity awarded a grant under section 4 of Public Law 107–82 , as amended ( 21 U.S.C. 1521 note), reauthorizing the Drug-Free Communities Support Program. Grants under this paragraph shall not exceed $50,000 per year and may not exceed four years. (E) Supplement not supplant Grant funds provided under this paragraph shall be used to supplement, not supplant, Federal and non-Federal funds available for carrying out the activities described in this paragraph. (F) Evaluation Grants under this paragraph shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on recipients of drug free community grants. (G) Definitions For purposes of this paragraph, the term eligible entity means an organization that is currently receiving or has received grant funds under the Drug-Free Communities Act of 1997 ( 21 U.S.C. 1521 et seq. ). (H) Administrative expenses Not more than 6 percent of a grant under this paragraph may be expended for administrative expenses. (I) Authorization of appropriations There are authorized to be appropriated to carry out this paragraph $6,000,000 for fiscal year 2014, and $6,000,000 for each of the fiscal years 2015 through 2018. (2) Grants for partnerships between community coalitions and institutions of higher education (A) Authorization of program The Administrator of the Substance Abuse and Mental Health Services Administration, in coordination with the Director of the Office of National Drug Control Policy, may make grants to eligible entities to enable the entities to prevent, and reduce the rate of, underage alcohol consumption, including binge drinking among students at institutions of higher education. (B) Purposes The purposes of this paragraph are to— (i) prevent and reduce alcohol use among underage students at institutions of higher education and the surrounding community; (ii) strengthen collaboration among communities and institutions of higher education; and (iii) disseminate to institutions of higher education timely information regarding state-of-the-art science-based strategies to prevent and reduce underage drinking by changing local conditions at institutions of higher education and in the surrounding community. (C) Applications An eligible entity (as defined in subparagraph (H)) that desires to receive a grant under this paragraph shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may require. (D) Criteria As part of an application for a grant under this paragraph, the Administrator shall require an eligible entity to demonstrate— (i) the active participation of one or more institutions of higher education in the relevant eligible entity coalition; (ii) a description of how the eligible entity will work with one or more institutions of higher education to target underage students; (iii) a description of how the eligible entity intends to ensure that it has a partnership with one or more institutions of higher education and how it intends to implement the purpose of this section and move toward indicators described in subparagraph (F); (iv) a list of the members of each local coalition and institution of higher education that will be involved in the work of the eligible entity; (v) the implementation of state-of-the-art science-based strategies to prevent and reduce underage drinking by changing local conditions at institutions of higher education and in the surrounding community; (vi) the anticipated impact of funds provided under this paragraph in preventing and reducing the rates of underage alcohol use; (vii) outreach strategies, including ways in which the eligible entity proposes to— (I) reach out to students and community stakeholders; (II) promote the purpose of this paragraph; (III) address the range of needs of underage students and the surrounding communities; (IV) address community policies affecting underage students regarding alcohol use; and (V) implement other science-based strategies to reduce underage drinking; and (viii) such additional information as required by the Administrator. (E) Uses of funds Each eligible entity that receives a grant under this paragraph shall use the grant funds to carry out the activities described in such entity’s application pursuant to subparagraph (D). Grants under this paragraph shall not exceed $100,000 per year and may not exceed four years. (F) Accountability On the date on which the Administrator first publishes a notice in the Federal Register soliciting applications for grants under this paragraph, the Administrator shall include in the notice achievement indicators for the program authorized under this paragraph. The achievement indicators shall be designed to— (i) measure the impact that the coalition assisted under this paragraph is having on the institution of higher education and the surrounding communities, including changes in the number of incidents of any kind in which students have abused alcohol or consumed alcohol while under the age of 21 (including violations, physical assaults, sexual assaults, reports of intimidation, disruptions of school functions, disruptions of student studies, mental health referrals, illnesses, alcohol-related transports to emergency departments, or deaths); and (ii) provide such other measures of program impact as the Administrator determines appropriate. (G) Supplement not supplant Grant funds provided under this paragraph shall be used to supplement, and not supplant, Federal and non-Federal funds available for carrying out the activities described in this paragraph. (H) Definitions For purposes of this paragraph: (i) Eligible entity The term eligible entity means an organization that— (I) on or before the date of submitting an application for a grant under this subsection is currently receiving or has received grant funds under the Drug-Free Communities Act of 1997 ( 21 U.S.C. 1521 et seq. ); (II) can provide evidence of preexisting involvement of one or more institutions of higher education; and (III) has a documented strategy to prevent and reduce underage drinking by students at institutions of higher education as part of its multi-sector, community-based strategy. (ii) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (iii) Surrounding community The term surrounding community means the community— (I) that surrounds an institution of higher education; (II) where the students from the institution of higher education take part in the community; and (III) where students from the institution of higher education live in off-campus housing. (I) Administrative expenses Not more than 6 percent of a grant under this paragraph may be expended for administrative expenses. (J) Authorization of appropriations There are authorized to be appropriated to carry out this paragraph $2,500,000 for fiscal year 2014, and $2,500,000 for each of the fiscal years 2015 through 2018. (f) Reducing underage drinking through screening and brief intervention (1) Grants to pediatric health care providers to reduce underage drinking The Secretary, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, shall make one or more grants to professional pediatric provider organizations to increase among the members of such organizations effective practices to reduce the prevalence of alcohol use among individuals under the age of 21, including college students. (2) Purposes Grants under this subsection shall be made to promote the practices of— (A) screening children and adolescents for alcohol use; (B) offering brief interventions to children and adolescents to discourage such use; (C) educating parents about the dangers of and methods of discouraging such use; (D) diagnosing and treating alcohol abuse disorders; and (E) referring patients, when necessary, to other appropriate care. (3) Use of funds An organization receiving a grant under this subsection may use such funding to promote the practices specified in paragraph (B) among its members by— (A) providing training to health care providers; (B) disseminating best practices, including culturally and linguistically appropriate best practices, and developing, printing, and distributing materials; and (C) offering other activities approved by the Secretary. (4) Application An organization desiring a grant under this subsection shall submit an application to the Secretary at such time, and in such manner, and accompanied by such information as the Secretary may require. Each application shall include— (A) a description of the organization and how its members are qualified to provide the services specified in paragraph (2); (B) a description of activities to be completed; and (C) a timeline for the completion of such activities. (5) Definitions For the purpose of this subsection: (A) The term pediatric health care provider means a provider of primary health care to individuals under the age of 21. (B) The term professional pediatric provider organization means a national organization whose members consist primarily of pediatric health care providers. (C) The term children and adolescents means any person under 21 years of age. (D) The term alcohol education means evidence-based education about the effects of alcohol use and abuse on children, adolescents, and adults. (E) The term screening and brief intervention means using validated patient interview techniques to identify and assess the existence and extent of alcohol use, then providing brief advice and other brief motivational enhancement techniques designed to increase patient insight regarding their own alcohol use and any realized or potential consequences of this behavior, as well as to effect the desired related behavioral change. (F) The term caregivers means, with respect to a child or adolescent, the parents, family members, or legal guardians of the child or adolescent. (6) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $3,000,000 for fiscal year 2014, and $3,000,000 for each of the fiscal years 2015 through 2018. (g) Data collection and research (1) Additional research on underage drinking The Secretary shall, subject to the availability of appropriations, collect data, and conduct or support research that is not duplicative of research currently being conducted or supported by the Department of Health and Human Services, on underage drinking, with respect to the following: (A) Improve data collection in support of evaluation of the effectiveness of comprehensive community-based programs or strategies and statewide systems to prevent and reduce underage drinking, across the underage years from early childhood to age 21, such as programs funded and implemented by government entities, public health interest groups and foundations, and alcohol beverage companies and trade associations, through the development of models of State-level epidemiological surveillance of underage drinking by funding in States or large metropolitan areas new epidemiologists focused on excessive drinking including underage alcohol use. (B) Obtain and report more precise information than is currently collected on the scope of the underage drinking problem and patterns of underage alcohol consumption, including improved knowledge about the problem and progress in preventing, reducing, and treating underage drinking; as well as information on the rate of exposure of youth to advertising and other media messages encouraging and discouraging alcohol consumption. (C) Synthesize, expand on, and widely disseminate existing research on effective strategies for reducing underage drinking, including translational research, and make this research easily accessible to the general public. (D) Improve and conduct public health surveillance on alcohol use and alcohol-related conditions in States by increasing the use of surveys, such as the Behavioral Risk Factor Surveillance System, to monitor binge and excessive drinking and related harms among individuals who are at least 18 years of age, but not more than 20 years of age, including harm caused to self or others as a result of alcohol use that is not duplicative of research currently being conducted or supported by the Department of Health and Human Services. (2) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $4,500,000 for each of the fiscal years 2014 through 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr498ih/xml/BILLS-113hr498ih.xml

113-hr-499

I 113th CONGRESS 1st Session H. R. 499 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Polis (for himself, Mr. Blumenauer , Mr. Cohen , Ms. Lee of California , Ms. Schakowsky , Mr. Nadler , Mr. Huffman , Mr. Honda , Mr. Moran , and Ms. Norton ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Energy and Commerce , Ways and Means , Natural Resources , and Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To decriminalize marijuana at the Federal level, to leave to the States a power to regulate marijuana that is similar to the power they have to regulate alcohol, and for other purposes. 1. Short title This Act may be cited as the Ending Federal Marijuana Prohibition Act of 2013 . I Amendments to decriminalize marijuana at the Federal level 101. Decriminalization of marijuana (a) Removal from schedule of controlled substances Notwithstanding any other provision of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), the Attorney General shall, not later than 60 days after the date of the enactment of this Act, issue a final order that removes marijuana in any form from all schedules under section 202(c) of that Act ( 21 U.S.C. 812(c) ). (b) Conforming amendment To remove legislative deadwood Subsection (c) of section 202 of the Controlled Substances Act ( 21 U.S.C. 812 ) is amended to read as follows: (c) Cross reference to schedules of Controlled Substances Schedules I, II, III, IV, and V shall consist of the drugs and other substances (by whatever official name, common or usual name, chemical name, or brand name designated) that are set forth in the respective schedules in part 1308 of title 21, Code of Federal Regulations, as they may be amended from time to time, or in any successor regulation. . 102. Application of the Controlled Substances Act and Controlled Substances Import and Export Act to marijuana Part A of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) is amended by adding at the end the following: 103. Application to marihuana (a) General nonapplication Except as provided in this section, this title and title III do not apply to marihuana. (b) Exception: prohibition on certain transportations and shipments It shall be unlawful to ship or transport marihuana from any place outside a State, territory, or district of the United States, or other place noncontiguous to but subject to the jurisdiction of the United States, into that State, territory, or district of the United States, or place, when such marihuana is intended by any person interested therein to be received, possessed, sold, or in any manner used, in violation of any law of such State, territory, district, or place. (c) Penalty Whoever knowingly violates subsection (b) shall be fined under title 18, United States Code, or imprisoned not more than one year, or both. . 103. Conforming and ancillary amendments (a) Modification of definition of felony drug offense Section 102(44) of the Controlled Substances Act ( 21 U.S.C. 802(44) ) is amended by striking marihuana, . (b) Elimination of marijuana penalty provisions Part D of the Controlled Substances Act (21 U.S.C. 841 et seq.) is amended— (1) in section 401— (A) by striking subsection (b)(1)(A)(vii); (B) by striking subsection (b)(1)(B)(vii); (C) by striking subsection (b)(1)(D); and (D) by striking subsection (b)(4); (2) in section 402(c)(2)(B), by striking marihuana, ; (3) in section 403(d)(1), by striking marihuana, ; (4) in section 418(a), by striking the last sentence; (5) in section 419(a), by striking the last sentence; (6) in section 422(d), in the matter preceding paragraph (1), by striking marijuana, ; and (7) in section 422(d)(5), by striking , such as a marihuana cigarette, . (c) Removal of prohibition on import and export Section 1010 of the Controlled Substances Import and Export Act ( 21 U.S.C. 960 ) is amended— (1) by striking subparagraph (G) of subsection (b)(1); (2) by striking subparagraph (G) of subsection (b)(2); and (3) by striking paragraph (4) of subsection (b). (d) Limiting the application of the National Forest System Drug Control Act of 1986 to controlled substances other than marijuana The National Forest System Drug Control Act of 1986 is amended— (1) in section 15002(a) ( 16 U.S.C. 559b(a) ) by striking marijuana and other ; (2) in section 15003(2) ( 16 U.S.C. 559c(2) ) by striking marijuana and other ; and (3) in section 15004(2) ( 16 U.S.C. 559d(2) ) by striking marijuana and other . (e) Interception of communications Section 2516 of title 18, United States Code, is amended— (1) in subsection (1)(e), by striking “marihuana,”; and (2) in subsection (2) by striking “marihuana,”. (f) National youth anti-Drug media campaign Section 709 of the Office of National Drug Control Policy Reauthorization Act of 1998 ( 21 U.S.C. 1708 ) is amended by striking subsection (j) (relating to prevention of marijuana use). II Federal Marijuana Licensing and Related Matters 201. Federal marijuana administration The Federal Alcohol Administration Act ( 27 U.S.C. 201 et seq. ) is amended by adding at the end the following: III Marijuana 301. Unlawful businesses without marijuana permit (a) Import It shall be unlawful, except pursuant to a permit issued under this title by the Secretary of the Treasury (hereinafter in this title referred to as the Secretary )— (1) to engage in the business of importing marijuana into the United States; or (2) for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, marijuana so imported. (b) Manufacture and sale It shall be unlawful, except pursuant to a permit issued under this title by the Secretary— (1) to engage in the business of cultivating, producing, manufacturing, packaging, or warehousing marijuana; or (2) for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, marijuana so cultivated, produced, manufactured, packaged, or warehoused. (c) Resale It shall be unlawful, except pursuant to a permit issued under this title by the Secretary— (1) to engage in the business of purchasing marijuana for resale at wholesale; or (2) for any person so engaged to receive or to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, marijuana so purchased. (d) Remedies for violations (1) Criminal fine (A) Generally Whoever violates this section shall be fined not more than $1000. (B) Settlement in compromise The Secretary may decide not to refer a violation of this section to the Attorney General for prosecution but instead to collect a payment from the violator of no more than $500 for that violation. (2) Civil Action for relief The Attorney General may, in a civil action, obtain appropriate relief to prevent and restrain a violation of this title. 302. Procedure for issuance of marijuana permits (a) Who entitled to permit (1) Generally The Secretary shall issue a permit for operations requiring a permit under section 301 unless the Secretary finds that— (A) the applicant (or if the applicant is a corporation, any of its officers, directors, or principal stockholders) has been convicted of a disqualifying offense; (B) the applicant is, by reason of business experience, financial standing, or trade connections, not likely to commence operations within a reasonable period or to maintain such operations in conformity with Federal law; or (C) the operations proposed to be conducted by the applicant are in violation of the law of the State in which they are to be conducted. (2) Disqualifying offenses For the purposes of paragraph (1): (A) Generally Except as provided in subparagraph (B) a disqualifying offense is an offense related to the production, consumption, or sale of marijuana that is— (i) a felony under Federal or State law, if the conviction occurred not later than 5 years before the date of the application; or (ii) a misdemeanor under Federal law, if the conviction occurred not later than 3 years before the date of the application. (B) Excluded offenses A disqualifying offense does not include a Federal or State offense based on conduct that— (i) was legal under State law in the State when and where the conduct took place, or (ii) is, as of the date of the application, no longer an offense in that State. (b) Refusal of permit; hearing If upon examination of any application for a permit the Secretary has reason to believe that the applicant is not entitled to such permit, the Secretary shall so notify the applicant and, upon request by the applicant, afford the applicant due notice and opportunity for hearing on the application. If the Secretary, after affording such notice and opportunity for hearing, still finds that the applicant is not entitled to a permit hereunder, the Secretary shall by order deny the application stating the findings which are the basis for the order. (c) Form of application (1) Generally The Secretary shall— (A) prescribe the manner and form of applications for permits under this title (including the facts to be set forth in the application); (B) prescribe the form of such permits; (C) specify in any permit the authority conferred by the permit and the conditions of that permit in accordance with this title. (2) Separate types of applications and permits To the extent deemed necessary by the Secretary for the efficient administration of this title, the Secretary may require separate applications and permits with respect to the various classes of marijuana, and with respect to the various classes of persons entitled to permits under this title. (3) Disclaimer The issuance of a permit under this title does not deprive the United States of any remedy for a violation of law. (d) Conditions A permit under this title shall be conditioned upon— (1) compliance with all other Federal laws relating to production, sale and consumption of marijuana, as well as compliance with all State laws relating to said activities in the State in which the permit applicant resides and does business; and (2) payment to the Secretary of a reasonable permit fee in an amount determined by the Secretary to be sufficient over time to offset the cost of implementing and overseeing all aspects of marijuana regulation by the Federal Government. (e) Revocation, suspension, and annulment (1) Generally After due notice and opportunity for hearing, the Secretary may order a permit under this title— (A) revoked or suspended for such period as the Secretary deems appropriate, if the Secretary finds that the permittee has willfully violated any of the conditions of the permit, but for a first violation of the conditions the permit shall be subject to suspension only; (B) revoked if the Secretary finds that the permittee has not engaged in the operations authorized by the permit for a period of more than two years; or (C) annulled if the Secretary finds that the permit was procured through fraud, or misrepresentation, or concealment of material fact. (2) Order to state basis for order The order shall state the findings which are the basis for the order. (f) Service of orders Each order of the Secretary with respect to any denial of application, suspension, revocation, annulment, or other proceedings, shall be served— (1) in person by any officer or employee of the Secretary designated by him or any internal revenue or customs officer authorized by the Secretary for the purpose; or (2) by mailing the order by registered mail, addressed to the applicant or respondent at his last known address in the records of the Secretary. (g) Duration (1) General rule Except as otherwise provided in this subsection, a permit issued under this title shall continue in effect until suspended, revoked, or annulled as provided in this title, or voluntarily surrendered. (2) Effect of transfer If operations under a permit issued under this title are transferred, the permit automatically terminates 30 days after the date of that transfer, unless an application is made by the transferee before the end of that period for a permit under this title for those operations. If such an application is made, the outstanding permit shall continue in effect until such application is finally acted on by the Secretary. (3) Definition of transfer For the purposes of this section, the term transfer means any change of ownership or control, whether voluntary or by operation of law. (h) Judicial review A permittee or applicant for a permit under this title may obtain judicial review under chapter 7 of title 5 chapter, United States Code, of the denial of the application of that applicant or, in the case of a permittee, the denial of an application by the transferee of that permittee. (i) Statute of limitations No proceeding for the suspension or revocation of a permit for violation of any condition thereof relating to compliance with Federal law shall be instituted by the Secretary more than 18 months after conviction of the violation of Federal law, or, if no conviction has been had, more than 3 years after the violation occurred; and no permit shall be suspended or revoked for a violation of any such condition thereof if the alleged violation of Federal law has been compromised by any officer of the Government authorized to compromise such violation. 303. Definitions In this title— (1) the term marijuana has the meaning given the term marihuana in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ); and (2) the term State includes the District of Columbia, Puerto Rico, and any territory or possession of the United States. . 202. Addition of marijuana to certain legal authorities relating to intoxicating liquors (a) Wilson Act The Act of August 8, 1890 (commonly known as the Wilson Act or the Original Packages Act; 27 U.S.C. 121 ) is amended by inserting or marijuana after intoxicating liquors or liquids . (b) Webb-Kenyon Act The Act of March 1, 1913 (commonly known as the Webb-Kenyon Act; 27 U.S.C. 122 ) is amended by inserting , or marijuana after intoxicating liquor both places it appears. (c) Victims of Trafficking and Violence Protection Act of 2000 Section 2 of the Victims of Trafficking and Violence Protection Act of 2000 ( 27 U.S.C. 122a ) is amended— (1) in subsection (a)— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (B) by inserting after paragraph (2) the following new paragraph: (3) The term marijuana has the meaning given the term marihuana in section 102 of the Controlled Substances Act (21 U.S.C. 802). ; and (2) in subsections (b) and (c), by inserting or marijuana after intoxicating liquor each place it appears. (d) Federal Alcohol Administration Act Section 3 of the Federal Alcohol Administration Act ( 27 U.S.C. 203 ) is amended— (1) by inserting marijuana, before distilled spirits each place it appears (except in subsection (b)(1)); and (2) in paragraph (b)(1) by inserting manufacturing and distribution of marijuana, after the business of, . III Other Amendments Relating to Federal Authority Regarding Marijuana 301. Food and Drug Administration The Food and Drug Administration shall have the same authorities with respect to marijuana as the Administration has with respect to alcohol. 302. Transferring agency functions with regard to marijuana (a) Transfer of jurisdiction from Drug Enforcement Administration to Bureau of Alcohol, Tobacco, Firearms and Explosives The functions of the Attorney General, acting through the Administrator of the Drug Enforcement Administration relating to marijuana enforcement, shall hereafter be administered by the Attorney General, acting through the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives. (b) Redesignation of Bureau of Alcohol, Tobacco, Firearms and Explosives as Bureau of Alcohol, Tobacco, Marijuana, Firearms and Explosives (1) Redesignation The Bureau of Alcohol, Tobacco, Firearms and Explosives is hereby renamed the Bureau of Alcohol, Tobacco, Marijuana, Firearms and Explosives . (2) References Any reference to the Bureau of Alcohol, Tobacco, Firearms and Explosives in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Bureau of Alcohol, Tobacco, Marijuana, Firearms and Explosives. (c) Redesignation of Alcohol and Tobacco Tax and Trade Bureau as Alcohol, Tobacco, and Marijuana Tax and Trade Bureau (1) Redesignation The Alcohol and Tobacco Tax and Trade Bureau is hereby renamed the Alcohol, Tobacco, and Marijuana Tax and Trade Bureau . (2) References Any reference to the Alcohol and Tobacco Tax and Trade Bureau in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Alcohol, Tobacco, and Marijuana Tax and Trade Bureau. 303. Comptroller General Review of laws and regulations The Comptroller General shall conduct a review of Federal laws, regulations, and policies to determine if any changes in them are desirable in the light of the purposes and provisions of this Act. Not later than 2 years after the date of the enactment of this Act the Comptroller General shall make to Congress and the relevant agencies such recommendations relating to the results of that review as the Comptroller General deems appropriate. 304. Construction Neither this Act nor any amendment made by this Act shall be construed to affect Federal drug testing policies.

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113-hr-500

I 113th CONGRESS 1st Session H. R. 500 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title XVIII of the Social Security Act to provide for an option for any citizen or permanent resident of the United States to buy into Medicare. 1. Short title This Act may be cited as the Public Option Act or the Medicare You Can Buy Into Act . 2. Universal Medicare buy-in option (a) In general Part A of title XVIII of the Social Security Act ( 42 U.S.C. 1395c et seq. ) is amended— (1) in section 1818(a) ( 42 U.S.C. 1395i–2(a) ), by striking or 1818A and inserting , 1818A, or 1818B ; and (2) by inserting after section 1818A the following new section: 1818B. Universal buy-in (a) In general (a) Every individual who— (1) is a resident of the United States; (2) is either (A) a citizen or national of the United States, or (B) an alien lawfully admitted for permanent residence; and (3) is not otherwise entitled to benefits under this part or eligible to enroll under this part; shall be eligible to enroll in the insurance program established by this part. An individual may enroll under this section only in such manner and form as may be prescribed in regulations, and only during an enrollment period prescribed in or under this section. (b) Enrollment; coverage The Secretary shall establish enrollment periods and coverage under this section consistent with the principles for establishment of enrollment periods and coverage for individuals under section 1818, except that no entitlement to benefits under this part shall be effective before the first day of the first calendar year beginning after the date of the enactment of this Act. (c) Premiums (1) In general The provisions of subsections (d)(1), (d)(2), and (d)(3) of section 1818 insofar as they apply to premiums (including collection of premiums) shall apply to premiums and collection of premiums under this section, except that— (A) paragraphs (4) and (5) of section 1818 shall not be applicable; and (B) the estimate of the monthly actuarial rate under section 1818(d) shall be computed and applied under this paragraph based upon costs incurred for individuals within each age cohort specified in paragraph (2) rather than for all individuals age 65 and older. (2) Age cohorts The age cohorts specified in this paragraph are as follows: (A) Individuals under 19 years of age. (B) Individuals at least 19 years of age but not more than 25 years of age. (C) Individuals at least 26 years of age and not more than 35 years of age. (D) Individuals at least 36 years of age and not more than 45 years of age. (E) Individuals at least 46 years of age and not more than 55 years of age. (F) Individuals at least 56 years of age and not more than 64 years of age. (d) Treatment An individual enrolled under this part pursuant to this section shall not be treated as enrolled under this part (or any other part of this title) for purposes of obtaining medical assistance for medicare cost-sharing or otherwise under title XIX. .

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113-hr-501

I 113th CONGRESS 1st Session H. R. 501 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Blumenauer (for himself, Mr. Polis , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for the taxation of marijuana, and for other purposes. 1. Short title This Act may be cited as the Marijuana Tax Equity Act of 2013 . 2. Taxation Relating to Marijuana (a) In general Subtitle E of title I of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 56 Marijuana Subchapter A. Producer Tax. Subchapter B. Special Provisions Relating to Marijuana Enterprises. Subchapter C. Penalties. A Producer Tax Sec. 5901. Imposition of tax. Sec. 5902. Exemption from tax. Sec. 5903. Special rules. Sec. 5904. Definitions. 5901. Imposition of tax (a) Imposition of tax There is hereby imposed a tax on the sale of marijuana by the producer or importer thereof. (b) Amount of tax The amount of the tax imposed by subsection (a) shall be 50 percent of the price for which so sold. 5902. Exemption from tax (a) General rule Under regulations prescribed by the Secretary, no tax shall be imposed under this subchapter on the sale by the producer or importer of an article— (1) for use by the purchaser for further production, or for resale by the purchaser to a second purchaser for use by such second purchaser in further production, or (2) for export, or for resale by the purchaser to a second purchaser for export. (b) Proof of resale for further production; proof of export Where an article has been sold free of tax under subsection (a)— (1) for resale by the purchaser to a second purchaser for use by such second purchaser in further production, or (2) for export, or for resale by the purchaser to a second purchaser for export, subsection (a) shall cease to apply in respect of such sale of such article unless, within the 6-month period which begins on the date of the sale by the producer or importer (or, if earlier, on the date of shipment by the producer or importer), the producer or importer receives proof that the article has been exported or resold for use in further production. (c) Producer or importer relieved from liability in certain cases In the case of any article sold free of tax under this section (other than a sale to which subsection (b) applies), if the producer or importer in good faith accepts a certification by the purchaser that the article will be used in accordance with the applicable provisions of law, no tax shall thereafter be imposed under this chapter in respect of such sale by such producer or importer. (d) Export For purposes of this section, the term export includes shipment to a possession of the United States; and the term exported includes shipped to a possession of the United States. (e) Use in further production An article shall be treated as sold for use in further production if such article is sold for use by the purchaser for further planting, cultivating, or harvesting. (f) Further producer liable for tax For purposes of this chapter, a producer to whom an article is sold or resold free of tax under subsection (a)(1) for use by him in further production shall be treated as the producer of such article. 5903. Special rules (a) Definition of Price For purposes of this chapter— (1) Containers, packing and transportation charges In determining, for the purposes of this chapter, the price for which an article is sold, there shall be included any charge for coverings and containers of whatever nature, and any charge incident to placing the article in condition packed ready for shipment, but there shall be excluded the amount of tax imposed by this chapter, whether or not stated as a separate charge. A transportation, delivery, insurance, installation, or other charge (not required by the foregoing sentence to be included) shall be excluded from the price only if the amount thereof is established to the satisfaction of the Secretary in accordance with regulations. (2) Constructive sale price (A) In general If an article is sold at retail, sold on consignment, or sold (otherwise than through an arm’s length transaction) at less than the fair market price, the tax under section 5901 shall be computed on the price for which such articles are sold, in the ordinary course of trade, by producers thereof, as determined by the Secretary. In the case of an article sold at retail, the computation under the preceding sentence shall be on whichever of the following prices is the lower: (i) the price for which such article is sold, or (ii) the highest price for which such articles are sold to manufacturers, in the ordinary course of trade, by producers thereof, as determined by the Secretary. This paragraph shall not apply if subparagraph (B) applies. (B) Special rule If an article is sold at retail or to a retailer, and if— (i) the producer or importer of such article regularly sells such articles at retail or to retailers, as the case may be, (ii) the producer or importer of such article regularly sells such articles to one or more manufacturers in arm’s length transactions and he establishes that his prices in such cases are determined without regard to any tax benefit under this paragraph, and (iii) the transaction is an arm’s length transaction, the tax under this chapter shall (if based on the price for which the article is sold) be computed under subparagraph (C). (C) Price for purposes of special rule The price computed under this subparagraph is whichever of the following prices is the lower: (i) the price for which such article is sold, or (ii) the highest price for which such articles are sold by such producer, or importer to manufacturers. (D) Definition of lowest price For purposes of subparagraphs (A) and (C), the lowest price shall be determined— (i) without requiring that any given percentage of sales be made at that price, and (ii) without including any fixed amount to which the purchaser has a right as a result of contractual arrangements existing at the time of the sale. (E) Arm’s length (i) In general For purposes of this section, a sale is considered to be made under circumstances otherwise than at arm’s length if— (I) the parties are members of the same controlled group, whether or not such control is actually exercised to influence the sale price, or (II) the sale is made pursuant to special arrangements between a manufacturer and a purchaser. (ii) Controlled groups (I) In general The term controlled group has the meaning given to such term by subsection (a) of section 1563, except that more than 50 percent shall be substituted for at least 80 percent each place it appears in such subsection. (II) Controlled groups which include nonincorporated persons Under regulations prescribed by the Secretary, principles similar to the principles of subclause (I) shall apply to a group of persons under common control where 1 or more of such persons is not a corporation. (3) Partial payments In the case of— (A) a contract for the sale of an article wherein it is provided that the price shall be paid by installments and title to the article sold does not pass until a future date notwithstanding partial payment by installments, (B) a conditional sale, or (C) a chattel mortgage arrangement wherein it is provided that the sales price shall be paid in installments, there shall be paid upon each payment with respect to the article a percentage of such payment equal to the rate of tax in effect on the date such payment is due. (4) Sales of installment accounts If installment accounts, with respect to payments on which tax is being computed as provided in paragraph (3), are sold or otherwise disposed of, then paragraph (3) shall not apply with respect to any subsequent payments on such accounts (other than subsequent payments on returned accounts with respect to which credit or refund is allowable by reason of section 6416(b)(5)), but instead— (A) there shall be paid an amount equal to the difference between— (i) the tax previously paid on the payments on such installment accounts, and (ii) the total tax which would be payable if such installment accounts had not been sold or otherwise disposed of (computed as provided in paragraph (3)); except that (B) if any such sale is pursuant to the order of, or subject to the approval of, a court of competent jurisdiction in a bankruptcy or insolvency proceeding, the amount computed under subparagraph (A) shall not exceed the sum of the amounts computed by multiplying— (i) the proportionate share of the amount for which such accounts are sold which is allocable to each unpaid installment payment by (ii) the rate of tax under this chapter in effect on the date such unpaid installment payment is or was due. The sum of the amounts payable under this subsection and subsection (c) in respect of the sale of any article shall not exceed the total tax. (b) Certain uses treated as sales Any producer of marijuana which uses such marijuana before it is sold shall be liable for the tax imposed by section 5901 in the same manner as if such marijuana were sold by such producer. (c) Application of tax in case of sales by other than producer In case any person acquires from the producer of marijuana, by operation of law or as a result of any transaction not taxable under section 5901, the right to sell such marijuana, the sale of such marijuana by such person shall be taxable under this chapter as if made by the producer, and such person shall be liable for the tax. 5904. Definitions For purposes of this chapter— (1) Marijuana The term marijuana has the meaning given such term by section 102(16) of the Controlled Substances Act ( 21 U.S.C. 802 ). (2) Marijuana product The term marijuana product means any article which contains marijuana, including an article which is a concentrate, an edible, a tincture, a marijuana-infused product, or a topical. (3) Producer The term producer means any person who plants, cultivates, harvests, or in any way facilitates the natural growth of, marijuana. (4) Manufacturer The term manufacturer means a person who manufactures, compounds, converts, processes, prepares, or packages marijuana or marijuana products. (5) Importer The term importer means— (A) any person in the United States to whom nontaxpaid marijuana products, or any processed marijuana, manufactured in a foreign country, Puerto Rico, the Virgin Islands, or a possession of the United States are shipped or consigned; and (B) any person who smuggles or otherwise unlawfully brings marijuana or marijuana products into the United States. (6) Distributor The term distributor means a person who distributes marijuana or marijuana products. (7) Retailer The term retailer means a person who sells marijuana or marijuana products to consumers. (8) Marijuana enterprise The term marijuana enterprise means a producer, importer, manufacturer, distributor, retailer or any person who transports, stores, displays, or otherwise participates in any business activity that handles marijuana or marijuana products. B Special Provisions Relating to Marijuana Enterprises Sec. 5911. Occupational tax. Sec. 5912. Application for permit. Sec. 5913. Permit. Sec. 5914. Inspection of books. 5911. Occupational tax (a) Imposition of tax There is hereby imposed a special tax to be paid by each person who is engaged in a marijuana enterprise. (b) Amount of tax The amount of the tax imposed under subsection (a) shall be— (1) $1,000 per year in the case of a producer, importer, or manufacturer, and (2) $500 per year in the case of any person engaged in a marijuana enterprise who is not described in paragraph (1). 5912. Application for permit Every person, before commencing business as a marijuana enterprise, and at such other time as the Secretary shall by regulation prescribe, shall make application for the permit provided for in section 5913. The application shall be in such form as the Secretary shall prescribe and shall set forth, truthfully and accurately, the information called for on the form. Such application may be rejected and the permit denied if the Secretary, after notice and opportunity for hearing, finds that— (1) the premises on which it is proposed to conduct the business are not adequate to protect the revenue, (2) the activity proposed to be carried out at such premises does not meet such minimum capacity or activity requirements as the Secretary may prescribe, or (3) such person (including, in the case of a corporation, any officer, director, or principal stockholder and, in the case of a partnership, a partner)— (A) is, by reason of his business experience, financial standing, or trade connections or by reason of previous or current legal proceedings involving a felony violation of any other provision of Federal criminal law relating to marijuana or marijuana products, not likely to maintain operations in compliance with this chapter, (B) has been convicted of a felony violation of any provision of Federal or State criminal law relating to marijuana or marijuana products, or (C) has failed to disclose any material information required or made any material false statement in the application therefor. 5913. Permit (a) Issuance A person shall not engage in business as a marijuana enterprise without a permit to engage in such business. Such permit, conditioned upon compliance with this chapter and regulations issued thereunder, shall be issued in such form and in such manner as the Secretary shall by regulation prescribe. A new permit may be required at such other time as the Secretary shall by regulation prescribe. (b) Suspension or Revocation (1) Show cause hearing If the Secretary has reason to believe that any person holding a permit— (A) has not in good faith complied with this chapter, or with any other provision of this title involving intent to defraud, (B) has violated the conditions of such permit, (C) has failed to disclose any material information required or made any material false statement in the application for such permit, (D) has failed to maintain his premises in such manner as to protect the revenue, (E) is, by reason of previous or current legal proceedings involving a felony violation of any other provision of Federal criminal law relating to marijuana, not likely to maintain operations in compliance with this chapter, or (F) has been convicted of a felony violation of any provision of Federal or State criminal law relating to marijuana or marijuana products, the Secretary shall issue an order, stating the facts charged, citing such person to show cause why his permit should not be suspended or revoked. (2) Action following hearing If, after hearing, the Secretary finds that such person has not shown cause why his permit should not be suspended or revoked, such permit shall be suspended for such period as the Secretary deems proper or shall be revoked. (c) Information reporting The Secretary may require— (1) information reporting by any person issued a permit under this section, and (2) information reporting by such other persons as the Secretary deems necessary to carry out this chapter. (d) Inspection or disclosure of information For rules relating to inspection and disclosure of returns and return information, see section 6103(o). 5914. Regulations The Secretary may issue such regulations or other guidance as the Secretary determines necessary or appropriate to carry out this chapter, including the filing of returns under this chapter in electronic format. C Penalties Sec. 5921. Civil penalties. Sec. 5922. Criminal penalties. 5921. Civil penalties (a) Omitting Things Required or Doing Things Forbidden Whoever omits, neglects, or refuses to comply with any duty imposed upon him by this chapter, or to do, or cause to be done, any of the things required by this chapter, or does anything prohibited by this chapter, shall in addition to any other penalty provided in this title, be liable to a penalty of $1,000, to be recovered, with costs of suit, in a civil action, except where a penalty under subsection (b) or (c) or under section 6651 or 6653 or part II of subchapter A of chapter 68 may be collected from such person by assessment. (b) Exception No penalty shall be imposed under subsection (a) if it is shown that there was a reasonable cause and that the taxpayer acted in good faith. (c) Failure To Pay Tax Whoever fails to pay any tax imposed by this chapter at the time prescribed by law or regulations, shall, in addition to any other penalty provided in this title, be liable to a penalty of 5 percent of the tax due but unpaid. (d) Sale of Marijuana or Marijuana Products for Export (1) Every person who sells, relands, or receives within the jurisdiction of the United States any marijuana or marijuana products which have been labeled or shipped for exportation under this chapter, (2) every person who sells or receives such relanded marijuana or marijuana products, and (3) every person who aids or abets in such selling, relanding, or receiving, shall, in addition to the tax and any other penalty provided in this title, be liable for a penalty equal to the greater of $1,000 or 5 times the amount of the tax imposed by this chapter. All marijuana and marijuana products relanded within the jurisdiction of the United States shall be forfeited to the United States and destroyed. All vessels, vehicles, and aircraft used in such relanding or in removing such marijuana or marijuana products from the place where relanded, shall be forfeited to the United States. (e) Applicability of Section 6665 The penalties imposed by subsections (b) and (c) shall be assessed, collected, and paid in the same manner as taxes, as provided in section 6665(a). (f) Cross References For penalty for failure to make deposits or for overstatement of deposits, see section 6656. 5922. Criminal penalties (a) Fraudulent Offenses Whoever, with intent to defraud the United States— (1) Engaging in business unlawfully Engages in business as a marijuana enterprise without filing the application and obtaining the permit where required by this chapter or regulations thereunder, (2) Failing to furnish information or furnishing false information Fails to keep or make any record, return, report, or inventory, or keeps or makes any false or fraudulent record, return, report, or inventory, required by this chapter or regulations thereunder, (3) Refusing to pay or evading tax Refuses to pay any tax imposed by this chapter, or attempts in any manner to evade or defeat the tax or the payment thereof, (4) Sales and transfers of marijuana or marijuana products unlawfully Sells or otherwise transfers, contrary to this chapter or regulations thereunder, any marijuana or marijuana products subject to tax under this chapter, or (5) Taxable event after tax exemption With intent to defraud the United States, purchases, receives, possesses, offers for sale, or sells or otherwise disposes of, any marijuana or marijuana product— (A) upon which the tax has not been paid or determined in the manner and at the time prescribed by this chapter or regulations thereunder, or (B) which, without payment of tax pursuant to section 5902, have been diverted from the applicable purpose or use specified in that section, shall, for each such offense, be fined not more than $10,000, or imprisoned not more than 5 years, or both. (b) Other Offenses Whoever, otherwise than as provided in subsection (a), violates any provision of this chapter, or of regulations prescribed thereunder, shall, for each such offense, be fined not more than $1,000, or imprisoned not more than 1 year, or both. (c) Liability to tax Any person who possesses marijuana or marijuana products in violation of subsection (a) shall be liable for a tax equal to the tax on such articles. . (b) Study Not later than two years after the date of the enactment of this Act, and every five years thereafter, the Secretary of the Treasury shall— (1) conduct a study concerning the characteristics of the marijuana industry, including the number of persons operating marijuana enterprises at each level (e.g., producers, distributors, manufacturers), the volume of sales, the amount of tax collected each year, the areas of evasion, and (2) submit to Congress recommendations to improve the regulation of the industry and the administration of the related tax. (c) Conforming Amendment Section 6103(o)(1)(A) of such Code is amended by striking and firearms and inserting firearms, and marijuana . (d) Clerical amendment The table of chapters for subtitle E of title I of such Code is amended by adding at the end the following new chapter: Chapter 56. Marijuana. . (e) Effective date (1) In general The amendments made by this section shall apply to— (A) applications for permits under section 5912 of the Internal Revenue Code of 1986 (as added by subsection (a)) after the date of the enactment of this Act, and (B) sales after December 31, 2013. (2) Special rules for existing businesses In the case of any producer operating under a permit issued on or before the date of the enactment of this Act under State law, the requirements under section 5912 of such Code (as so added) shall apply beginning on the date that is 6 months after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr501ih/xml/BILLS-113hr501ih.xml

113-hr-502

I 113th CONGRESS 1st Session H. R. 502 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. DeFazio introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Ways and Means and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To create an electronic employment eligibility verification system to ensure that all workers in the United States are legally able to work, and for other purposes. 1. Short title This Act may be cited as the Electronic Employment Eligibility Verification and Illegal Immigration Control Act . 2. Employment eligibility verification system (a) In general Section 274A(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b) ) is amended by adding at the end the following: (7) Employment eligibility verification system (A) In general The Secretary of Homeland Security shall establish and administer a verification system through which the Secretary (or a designee of the Secretary)— (i) responds to inquiries made by persons at any time through a toll-free telephone line and other toll-free electronic media concerning an individual’s identity and whether the individual is authorized to be employed; and (ii) maintains records of the inquiries that were made, of verifications provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under this section. (B) Design and operation of system The verification system shall be designed and operated— (i) to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information; (ii) to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received; (iii) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; and (iv) to have reasonable safeguards against the system’s resulting in unlawful discriminatory practices based on national origin or citizenship status, including— (I) the selective or unauthorized use of the system to verify eligibility; (II) the use of the system prior to an offer of employment; or (III) the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required, beyond what is required for most job applicants. (C) Responsibilities of the Commissioner of Social Security As part of the verification system, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security (and any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under subparagraphs (B) and (C) of paragraph (3), compares the name and Social Security account number provided in an inquiry against such information maintained by the Commissioner in order to validate (or not validate) the information provided regarding an individual whose identity and employment eligibility must be confirmed, the correspondence of the name and number, and whether the individual has presented a Social Security account number that is not valid for employment. The Commissioner shall not disclose or release Social Security information (other than such verification or nonverification) except as provided for in this section or section 205(c)(2)(I) of the Social Security Act. (D) Responsibilities of the Secretary of Homeland Security (i) As part of the verification system, the Secretary of Homeland Security (in consultation with any designee of the Secretary selected to establish and administer the verification system), shall establish a reliable, secure method, which, within the time periods specified under subparagraphs (B) and (C) of paragraph (3), compares the name and alien identification or authorization number which are provided in an inquiry against such information maintained by the Secretary in order to validate (or not validate) the information provided, the correspondence of the name and number, and whether the alien is authorized to be employed in the United States. (ii) When a single employer has submitted to the verification system pursuant to subparagraphs (B) and (C) of paragraph (3) the identical Social Security account number in more than one instance, or when multiple employers have submitted to the verification system pursuant to such paragraph the identical Social Security account number, in a manner which indicates the possible fraudulent use of that number, the Secretary of Homeland Security shall conduct an investigation, within the time periods specified in such subparagraphs, in order to ensure that no fraudulent use of a Social Security account number has taken place. If the Secretary has selected a designee to establish and administer the verification system, the designee shall notify the Secretary when a single employer has submitted to the verification system pursuant to such subparagraphs the identical Social Security account number in more than one instance, or when multiple employers have submitted to the verification system pursuant to such paragraph the identical Social Security account number, in a manner which indicates the possible fraudulent use of that number. The designee shall also provide the Secretary with all pertinent information, including the name and address of the employer or employers who submitted the relevant Social Security account number, the relevant Social Security account number submitted by the employer or employers, and the relevant name and date of birth of the employee submitted by the employer or employers. (iii) The Secretary in consultation with the Commissioner of Social Security, shall establish procedures to permit an individual who contests a tentative or final nonverification notice, or seeks to verify the individual’s own employment, to contact the appropriate agency and, in a timely manner, correct or update the information used by the system. (iv) The Secretary shall prescribe a system to register employer participation prior to the date the employer is required or permitted to submit information with respect to an employee. (E) Updating information The Commissioner of Social Security and the Secretary of Homeland Security shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information, including instances in which it is brought to their attention in the secondary verification process described in paragraph (3)(C). (F) Federal Tort Claims Act If an individual alleges that the individual would not have been dismissed from a job but for an error of the verification mechanism, the individual may seek compensation only through the mechanism of the Federal Tort Claims Act, and injunctive relief to correct such error. No class action may be brought under this subparagraph. (G) Protection from liability for actions taken on the basis of information No person or entity shall be civilly or criminally liable for any action taken in good faith reliance on information provided through the employment eligibility verification mechanism established under this paragraph. . (b) Repeal of Provision Relating to Evaluations and Changes in Employment Verification Section 274A(d) of such Act ( 8 U.S.C. 1324a(d) ) is repealed. 3. Employment eligibility verification process Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) is amended— (1) in subsection (a)(3), by inserting (A) after Defense.— , and by adding at the end the following: (B) Failure to seek and obtain verification In the case of a person or entity in the United States that hires, or continues to employ, an individual, or recruits or refers an individual for employment, the following requirements apply: (i) Failure to seek verification (I) In general If the person or entity has not made an inquiry, under the mechanism established under subsection (b)(7), seeking verification of the identity and work eligibility of the individual, by not later than the end of 3 working days (as specified by the Secretary of Homeland Security) after the date of the hiring, the date specified in subsection (b)(8)(B) for previously hired individuals, or before the recruiting or referring commences, the defense under subparagraph (A) shall not be considered to apply with respect to any employment, except as provided in subclause (II). (II) Special rule for failure of verification mechanism If such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph (A) and the verification mechanism has registered that not all inquiries were responded to during the relevant time, the person or entity can make an inquiry until the end of the first subsequent working day in which the verification mechanism registers no nonresponses and qualify for such defense. (ii) Failure to obtain verification If the person or entity has made the inquiry described in clause (i)(I) but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection (b)(7)(B) after the time the verification inquiry was received, the defense under subparagraph (A) shall not be considered to apply with respect to any employment after the end of such time period. ; (2) by amending subparagraph (A) of subsection (b)(1) to read as follows: (A) In general The person or entity must attest, under penalty of perjury and on a form designated or established by the Secretary by regulation, that it has verified that the individual is not an unauthorized alien by— (i) obtaining from the individual the individual’s Social Security account number and recording the number on the form (if the individual claims to have been issued such a number), and, if the individual does not attest to United States citizenship under paragraph (2), obtaining such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary of Homeland Security may specify, and recording such number on the form; and (ii) (I) examining a document described in subparagraph (B); or (II) examining a document described in subparagraph (C) and a document described in subparagraph (D). A person or entity has complied with the requirement of this paragraph with respect to examination of a document if the document reasonably appears on its face to be genuine, reasonably appears to pertain to the individual whose identity and work eligibility is being verified, and, if the document bears an expiration date, that expiration date has not elapsed. If an individual provides a document (or combination of documents) that reasonably appears on its face to be genuine, reasonably appears to pertain to the individual whose identity and work eligibility is being verified, and is sufficient to meet the first sentence of this paragraph, nothing in this paragraph shall be construed as requiring the person or entity to solicit the production of any other document or as requiring the individual to produce another document. ; (3) in subsection (b)(1)(D)— (A) in clause (i), by striking or such other personal identification information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section ; and (B) in clause (ii), by inserting before the period and that contains a photograph of the individual ; (4) in subsection (b)(2), by adding at the end the following: The individual must also provide that individual’s Social Security account number (if the individual claims to have been issued such a number), and, if the individual does not attest to United States citizenship under this paragraph, such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary may specify. ; and (5) by amending paragraph (3) of subsection (b) to read as follows: (3) Retention of verification form and verification (A) In general After completion of such form in accordance with paragraphs (1) and (2), the person or entity must— (i) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual or the date of the completion of verification of a previously hired individual and ending— (I) in the case of the recruiting or referral of an individual, 3 years after the date of the recruiting or referral; (II) in the case of the hiring of an individual, the later of— (aa) 3 years after the date of such hiring; or (bb) 1 year after the date the individual's employment is terminated; and (III) in the case of the verification of a previously hired individual, the later of— (aa) 3 years after the date of the completion of verification; or (bb) 1 year after the date the individual's employment is terminated; (ii) make an inquiry, as provided in paragraph (7), using the verification system to seek verification of the identity and employment eligibility of an individual, by not later than the end of 3 working days (as specified by the Secretary of Homeland Security) after the date of the hiring or in the case of previously hired individuals, the date specified in paragraph (8)(B), or before the recruiting or referring commences; and (iii) not commence recruitment or referral of the individual until the person or entity receives verification under clause (i) or (ii) of subparagraph (D). (B) Initial response The verification system shall provide verification or a tentative nonverification of an individual’s identity and employment eligibility within 3 working days of the initial inquiry. If providing verification or tentative nonverification, the verification system shall provide an appropriate code indicating such verification or such nonverification. (C) Secondary verification process in case of tentative nonverification In cases of tentative nonverification, the Secretary shall specify, in consultation with the Commissioner of Social Security, an available secondary verification process to confirm the validity of information provided and to provide a final verification or nonverification within 10 working days after the date of the tentative nonverification. When final verification or nonverification is provided, the verification system shall provide an appropriate code indicating such verification or nonverification. (D) Verification or nonverification (i) Verification upon initial inquiry If an employer receives a verification notice under subparagraph (B) for an individual, the employer shall record, as described in subparagraph (A)(i), the appropriate code provided in such notice. (ii) Tentative nonverification If an employer receives a tentative nonverification notice under subparagraph (B) for an individual, the employer shall inform such individual of the issuance of such notice in writing, on a form prescribed by the Secretary not later than 3 days after receiving such notice. Such individual shall acknowledge receipt of such notice in writing as described in paragraph (1)(A). If the individual refuses to acknowledge receipt of notice, the individual’s employment must be terminated immediately. (iii) No contest If the individual does not contest the tentative nonverification notice within 10 days of receiving notice from the individual’s employer, the notice shall become final and the employer shall record, as described in subparagraph (A)(i), the appropriate code provided through the system to indicate the individual did not contest the tentative nonverification. An individual’s failure to contest a tentative nonverification shall not be considered an admission of guilt with respect to any violation of this Act or any other provision of law. (iv) Contest If the individual contests the tentative nonverification notice, the individual shall submit appropriate information to contest such notice under the procedures established in subparagraph (E) not later than 10 days after receiving the notice from the individual’s employer. (v) Effective period of tentative nonverification notice A tentative nonverification notice shall remain in effect until such notice becomes final under clause (iii), or the earlier of— (I) a final verification notice or final nonverification notice is issued through the system; or (II) 10 working days after the individual contests a tentative nonverification under clause (iv). (vi) Additional authority The Secretary shall have the authority to issue a final verification notice for an individual. In such a case, the Secretary shall determine the individual’s eligibility for employment in the United States and record the results of such determination in the system within 12 months. (vii) Effective period of final notice A final verification notice issued under this paragraph for an individual shall remain in effect— (I) during any continuous period of employment of such individual by such employer, unless the Secretary determines the final verification was the result of identity fraud; or (II) in the case of an alien authorized to be employed in the United States for a temporary period, during such period. (viii) Prohibition on termination An employer may not terminate the employment of an individual based on a tentative nonverification notice until such notice becomes final under clause (iii), an individual refuses to acknowledge receipt of tentative nonverification under clause (ii), or a final nonverification notice is issued for the individual by the System. Nothing in this clause shall prohibit the termination of employment for any other reason other than such tentative nonverification. (ix) Recording of contest resolution The employer shall record the appropriate code that is provided through the system to indicate a final verification notice or final nonverification notice as described in paragraph (1)(A). (x) Consequences of nonverification If the employer has received a final nonverification regarding an individual, the employer shall terminate the employment, recruitment, or referral of the individual. Such employer shall provide to the Secretary any information relating to the individual that the Secretary determines would assist the Secretary in enforcing or administering the immigration laws. If the employer continues to employ, recruit or refer the individual after receiving final nonverification, a rebuttable presumption is created that the employer has violated subsections (a)(1)(A) and (a)(2). Such presumption may not apply to a prosecution under subsection (f)(1). (E) Administrative review (i) In general An individual who is terminated from employment as a result of a final nonverification notice may, not later than 60 days after the date of such termination, file an appeal of such notice. (ii) Procedures The Secretary and Commissioner of Social Security shall develop procedures to review appeals filed under clause (i) and to make final determinations on such appeals. (iii) Review for errors If a final determination on an appeal filed under clause (i) results in verification of an individual's eligibility to work in the United States, the administrative review process shall require the Secretary to determine if the final nonverification notice issued for the individual was the result of— (I) an error or negligence on the part of an employee or official operating or responsible for the System; (II) the decision rules, processes, or procedures utilized by the system; or (III) erroneous system information that was not the result of acts or omissions of the individual. (iv) Compensation for error (I) In general If the Secretary makes a determination under clause (iii) that the final nonverification notice issued for an individual was not caused by an act or omission of the individual, the Secretary shall compensate the individual for lost wages. (II) Calculation of lost wages Lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 180 days after completion of the administrative review process described in this paragraph or the day after the individual is reinstated or obtains employment elsewhere, whichever occurs first. (v) Limitation on compensation For purposes of determining an individual's compensation for the loss of employment, such compensation shall not include any period in which the individual was ineligible for employment in the United States. (vi) Source of funds Compensation or reimbursement provided under this paragraph shall be provided from the Employment Verification Compensation Fund established under section 8 and shall not be provided from appropriated funds. (F) Judicial review (i) In general After the Secretary makes a final determination on an appeal filed by an individual under the administrative review process described in subparagraph (E), the individual may obtain judicial review of such determination by a civil action commenced not later than 60 days after the date of such decision, or such further time as the Secretary may allow. (ii) Jurisdiction A civil action for such judicial review shall be brought in the district court of the United States for the judicial district in which the plaintiff resides, or has a principal place of business, or, if the plaintiff does not reside or have a principal place of business within any such judicial district, in the District Court of the United States for the District of Columbia. (iii) Answer As part of the Secretary’s answer to a complaint for such judicial review, the Secretary shall file a certified copy of the administrative record compiled during the administrative review under subparagraph (E), including the evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming or reversing the result of that administrative review, with or without remanding the cause for a rehearing. (iv) Compensation for error (I) In general In cases in which such judicial review reverses the final determination of the Secretary made under subparagraph (E), the court shall compensate the individual for lost wages. (II) Calculation of lost wages Lost wages shall be calculated based on the wage rate and work scheduled that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 180 days after completion of the judicial review described in this paragraph or the day after the individual is reinstated or obtains employment elsewhere, whichever occurs first. (G) Limitation on use of the verification system and any related systems Notwithstanding any other provision of law, nothing in this paragraph shall be construed to permit or allow any department, bureau, or other agency of the United States Government to utilize any information, database, or other records assembled under this paragraph for any other purpose other than as provided for. (H) Limitation on collection and use of data (i) Limitation on collection of data (I) In general The System shall collect and maintain only the minimum data necessary to facilitate the successful operation of the System, and in no case shall the data be other than— (aa) information necessary to register employers under paragraph (7)(D)(iv); (bb) information necessary to initiate and respond to inquiries or contests under subparagraph (E); (cc) information necessary to establish and enforce compliance with paragraph (7)(D)(iv) and subparagraph (E); (dd) information necessary to detect and prevent employment related identity fraud; and (ee) such other information the Secretary determines is necessary, subject to a 180 day notice and comment period in the Federal Register. (II) Penalties Any officer, employee, or contractor who willfully and knowingly collects and maintains data in the system other than data described in clause (i) shall be guilty of a misdemeanor and fined not more than $1,000 for each violation. (ii) Limitation on use of data Whoever willfully and knowingly accesses, discloses, or uses any information obtained or maintained by the system— (I) for the purpose of committing identity fraud, or assisting another person in committing identity fraud, as defined in section 1028 of title 18, United States Code; (II) for the purpose of unlawfully obtaining employment in the United States or unlawfully obtaining employment in the United States for any other person; or (III) for any purpose other than as provided for under any provision of law; shall be guilty of a felony and upon conviction shall be fined under title 18, United States Code, or imprisoned for not less than 5 years, or both. (iii) Exceptions Nothing in clauses (i) or (ii) may be construed to limit the collection, maintenance, or use of data by the Commissioner of Internal Revenue or the Commissioner of Social Security as provided by law. . 4. Expansion of employment eligibility verification system to previously hired individuals and recruiting and referring (a) Application to Recruiting and Referring Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) is amended— (1) in subsection (a)(1)(A), by striking for a fee ; (2) in subsection (a)(1), by amending subparagraph (B) to read as follows: (B) to hire, continue to employ, or to recruit or refer for employment in the United States an individual without complying with the requirements of subsection (b). ; (3) in subsection (a)(2), by striking after hiring an alien for employment in accordance with paragraph (1), and inserting after complying with paragraph (1), ; and (4) in subsection (a)(3), as amended by section 3, is further amended by striking hiring, and inserting hiring, employing, each place it appears. (b) Employment Eligibility Verification for Previously Hired Individuals Section 274A(b) of such Act ( 8 U.S.C. 1324a(b) ), as amended by section 2(a), is further amended by adding at the end the following: (8) Use of employment eligibility verification system for previously hired individuals (A) On a voluntary basis Beginning on the date that is 2 years after the date of the enactment of the Electronic Employment Eligibility Verification and Illegal Immigration Control Act and until the date specified in subparagraph (B)(iii), a person or entity may make an inquiry, as provided in paragraph (7), using the verification system to seek verification of the identity and employment eligibility of any individual employed by the person or entity, as long as it is done on a nondiscriminatory basis. (B) On a mandatory basis (i) A person or entity described in clause (ii) must make an inquiry as provided in paragraph (7), using the verification system to seek verification of the identity and employment eligibility of all individuals employed by the person or entity who have not been previously subject to an inquiry by the person or entity by the date 3 years after the date of enactment of the Electronic Employment Eligibility Verification and Illegal Immigration Control Act . (ii) A person or entity is described in this clause if it is a Federal, State, or local governmental body (including the Armed Forces of the United States), or if it employs individuals working in a location that is a Federal, State, or local government building, a military base, a nuclear energy site, a weapon site, an airport, or that contains critical infrastructure (as defined in section 1016(e) of the Critical Infrastructure Protection Act of 2001 ( 42 U.S.C. 5195c(e) )), but only to the extent of such individuals. (iii) All persons and entities other than those described in clause (ii) must make an inquiry, as provided in paragraph (7), using the verification system to seek verification of the identity and employment eligibility of all individuals employed by the person or entity who have not been previously subject to an inquiry by the person or entity by the date 6 years after the date of enactment of the Electronic Employment Eligibility Verification and Illegal Immigration Control Act . . 5. Basic pilot program Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note) is amended by striking on September 30, 2012 and inserting 2 years after the enactment of the Electronic Employment Eligibility Verification and Illegal Immigration Control Act . 6. Hiring halls Section 274A(h) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(h) ) is amended by adding at the end the following: (4) Recruitment and referral As used in this section, the term refer means the act of sending or directing a person or transmitting documentation or information to another, directly or indirectly, with the intent of obtaining employment in the United States for such person. Generally, only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition. However, labor service agencies, whether public, private, for-profit, or nonprofit, that refer, dispatch, or otherwise facilitate the hiring of workers for any period of time by a third party are included in the definition whether or not they receive remuneration. As used in this section the term recruit means the act of soliciting a person, directly or indirectly, and referring the person to another with the intent of obtaining employment for that person. Generally, only persons or entities recruiting for remunerations (whether on a retainer or contingency basis) are included in the definition. However, labor service agencies, whether public, private, for-profit, or nonprofit that refer, dispatch, or otherwise facilitate the hiring of workers for any period of time by a third party are included in the definition whether or not they receive remuneration. . 7. Penalties Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) is amended— (1) in subsection (e)(4)— (A) in subparagraph (A), in the matter before clause (i), by inserting , subject to paragraphs (10) through (12), after in an amount ; (B) in subparagraph (A)(i), by striking not less than $250 and not more than $2,000 and inserting not less than $5,000 and not more than $15,000 ; (C) in subparagraph (A)(ii), by striking not less than $2,000 and not more than $5,000 and inserting not less than $10,000 and not more than $15,000 ; (D) in subparagraph (A)(iii), by striking not less than $3,000 and not more than $10,000 and inserting not less than $25,000 and not more than $40,000 ; and (E) by amending subparagraph (B) to read as follows: (B) may require the person or entity to take such other remedial action as is appropriate. ; (2) in subsection (e)(5)— (A) by inserting , subject to paragraphs (10) through (12), after in an amount ; (B) by striking $100 and inserting $1,000 ; (C) by striking $1,000 and inserting $25,000 ; (D) by striking the size of the business of the employer being charged, the good faith of the employer and inserting the good faith of the employer being charged ; and (E) by adding at the end the following sentence: Failure by a person or entity to utilize the employment eligibility verification system as required by law, or providing information to the system that the person or entity knows or reasonably believes to be false, shall be treated as a violation of subsection (a)(1)(A). ; (3) by adding at the end of subsection (e) the following new paragraphs: (10) Mitigation of civil money penalties for smaller employers In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of employment by an employer and in the case of imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring by an employer, the dollar amounts otherwise specified in the respective paragraph shall be reduced as follows: (A) In the case of an employer with an average of fewer than 26 full-time equivalent employees (as defined by the Secretary of Homeland Security), the amounts shall be reduced by 60 percent. (B) In the case of an employer with an average of at least 26, but fewer than 101, full-time equivalent employees (as so defined), the amounts shall be reduced by 40 percent. (C) In the case of an employer with an average of at least 101, but fewer than 251, full-time equivalent employees (as so defined), the amounts shall be reduced by 20 percent. The last sentence of paragraph (4) shall apply under this paragraph in the same manner as it applies under such paragraph. (11) Exemption from penalty for initial good faith violation In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of subsection (a)(1)(A) or (a)(2) for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph (5) for a violation of subsection (a)(1)(B) for hiring or recruitment or referral by a person or entity, the penalty otherwise imposed shall be waived if the violator establishes that it was the first such violation of such provision by the violator and the violator acted in good faith. (12) Safe harbor for contractors A person or other entity shall be liable for a penalty under paragraph (4)(A) with respect to the violation of subsection (a)(1)(A), (a)(1)(B), or (a)(2) with respect to the hiring or continuation of employment of an unauthorized alien by a subcontractor of that person or entity unless the person or entity verifies through the employment eligibility verification system that all subcontractor employees and entities participating in the subcontracted employment are eligible for employment prior to beginning employment for the contracting person or entity. A contracting person or entity shall not be required to verify a subcontractor if the contracting person or entity has previously verified the employment eligibility of that subcontractor. A contracting person or entity shall not be required to verify the employment eligibility of a subcontractor employee if the person or entity has previously verified the subcontractor employee as a result of the subcontractor employee’s previous employment on behalf of the person or entity as an employee of the subcontractor. ; (4) by amending paragraph (1) of subsection (f) to read as follows: (1) Criminal penalty Any person or entity which engages in a pattern or practice of violations of subsection (a) (1) or (2) shall be fined not more than $50,000 for each unauthorized alien with respect to which such a violation occurs, imprisoned for not less than 1 year, or both, notwithstanding the provisions of any other Federal law relating to fine levels. ; (5) in subsection (f)(2), by striking Attorney General each place it appears and inserting Secretary of Homeland Security ; (6) by redesignating subsection (h) as subsection (j); (7) by inserting after subsection (g) the following: (h) Prohibition on award of government contracts, grants and agreements (1) Employers with no contracts, grants, or agreements (A) In general If an employer who does not hold a Federal contract, grant, or cooperative agreement is determined by the Secretary to be a repeat violator of this section or is convicted of a crime under this section, the employer shall be debarred from the receipt of a Federal contract, grant, or cooperative agreement for a period of 5 years. The Secretary or the Attorney General shall advise the Administrator of General Services of such a debarment, and the Administrator of General Services shall list the employer on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs for a period of 5 years. (B) Waiver The Administrator of General Services, in consultation with the Secretary and the Attorney General, may waive operation of this subsection or may limit the duration or scope of the debarment. (2) Employers with contracts, grants, or agreements An employer who holds a Federal contract, grant, or cooperative agreement and is determined by the Secretary to be a repeat violator of this section or is convicted of a crime under this section, shall be debarred from the receipt of new Federal contracts, grants, or cooperative agreements for a period of 5 years. (i) Penalty for false attestation by employee An individual who falsely represents that the individual is eligible for employment in the United States in an attestation required by this shall, for each such violation, be subject to a fine of not less than $5,000, a term of imprisonment not to exceed 3 years, or both. ; and (8) by inserting after subsection (j) (as so redesignated) the following: (k) Special criminal penalties for subcontractors and labor brokers Any person or subcontracting entity which engages in a pattern or practice of violations of subsection (a)(1)(A) or (a)(2) shall be fined not less than $100,000 for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not less than 5 years for the entire pattern or practice, or both, notwithstanding the provisions of any other law relating to fine levels. . 8. Compensation fund (a) Establishment There is established in the Treasury a separate account to be known as the Employment Verification Compensation Fund (in this section referred to as the Fund ). (b) Transfers to the Fund There shall be deposited in the Fund all fines and penalties collected under section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ). (c) Expenditures Subject to appropriations Acts, amounts in the Fund shall be available for compensation pursuant to subparagraphs (E) and (F) of section 274A(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(b)(3) ), as amended by section 3 of this Act. 9. Contractor database and audits (a) Database The Secretary of Homeland Security shall create and maintain a publicly available and accessible online database of contracting and subcontracting individuals or entities which discloses the number of employment eligibility violations and employment eligibility verification rejections each contracting or subcontracting individual or entity has received. The database shall also disclose the total number of verification attempts each contracting or subcontracting individual or entity has made. (b) Audit The Secretary of Homeland Security shall audit and investigate any contracting or subcontracting individual or entity which has a 10% or greater employment verification rejection rate. 10. Report on social security card-based employment eligibility verification (a) Report (1) In general Not later than 9 months after the date of the enactment of this Act, the Commissioner of Social Security, in consultation with the Secretary of Treasury, the Secretary of Homeland Security, and the Attorney General, shall submit a report to the Congress that includes an evaluation of the following requirements and changes: (A) A requirement that Social Security cards that are made of a durable plastic or similar material and that include an encrypted, machine-readable electronic identification strip and a digital photograph of the individual to whom the card is issued, be issued to each individual (whether or not a United States citizen) who— (i) is authorized to be employed in the United States; (ii) is seeking employment in the United States; and (iii) files an application for such card, whether as a replacement of an existing Social Security card or as a card issued in connection with the issuance of a new Social Security account number. (B) The creation of a unified database to be maintained by the Department of Homeland Security and comprised of data from the Social Security Administration and the Department of Homeland Security specifying the work authorization of individuals (including both United States citizens and noncitizens) for the purpose of conducting employment eligibility verification. (C) A requirement that all employers verify the employment eligibility of all new hires using the Social Security cards described in subparagraph (A) and a phone, electronic card-reading, or other mechanism to seek verification of employment eligibility through the use of the unified database described in subparagraph (B). (2) Items included in report The report under paragraph (1) shall include an evaluation of each of the following: (A) Projected cost, including the cost to the Federal Government, State and local governments, and the private sector. (B) Administrability. (C) Potential effects on— (i) employers; (ii) employees, including employees who are United States citizens as well as those that are not citizens; (iii) tax revenue; and (iv) privacy. (D) The extent to which employer and employee compliance with immigration laws would be expected to improve. (E) Any other relevant information. (3) Alternatives The report under paragraph (1) also shall examine any alternatives to achieve the same goals as the requirements and changes described in paragraph (1) but that involve lesser cost, lesser burden on those affected, or greater ease of administration. (b) Inspector general review Not later than 3 months after the report is submitted under subsection (a), the Inspector General of the Social Security Administration, in consultation with the Inspectors General of the Department of Treasury, the Department of Homeland Security, and the Department of Justice, shall send to the Congress an evaluation of such report. (c) Congressional consideration Upon receipt of the Inspector General’s evaluation of the Commissioner of Social Security’s report, the Congress shall consider legislation enacting a plan that best meets both the objectives outlined in this section as well as ease and feasibility of implementation based on the reports presented by the Commissioner of Social Security and the Inspector General. 11. Effective date This Act and the amendments made by this Act shall take effect on the date of enactment of this Act, except that the requirements of persons and entities to comply with the employment eligibility verification process shall take effect on the date that is 2 years after such date. 12. Limitation on verification responsibilities of Commissioner of Social Security The Commissioner of Social Security is authorized to perform activities with respect to carrying out the Commissioner’s responsibilities in this Act or the amendments made by this Act, but only to the extent (except for the purpose of carrying out section 8) the Secretary of Homeland Security has provided, in advance, funds to cover the Commissioner’s full costs in carrying out such responsibilities. In no case shall funds from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund be used to carry out such responsibilities. 13. Report on impact on contracting and subcontracting individuals and entities Not later than 12 months after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the Congress that determines whether the described employment eligibility verification system permits contracting individuals and entities to determine the eligibility of subcontracting individuals or entities without unduly burdening contractors and without freeing subcontracting individuals or entities to break employment laws. 14. Report on employment eligibility verification system Not later than 1 year after the implementation of the employment eligibility verification system established under this Act, and 1 year thereafter, the Secretary of Homeland Security shall submit to the Congress a report on the progress and problems associated with implementation of the system, including information relating to the most efficient use of the system by small businesses.

https://www.govinfo.gov/content/pkg/BILLS-113hr502ih/xml/BILLS-113hr502ih.xml

113-hr-503

I 113th CONGRESS 1st Session H. R. 503 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Roe of Tennessee (for himself, Mr. Duncan of Tennessee , Mr. Young of Alaska , Mr. Palazzo , Mr. Bishop of New York , Mr. Wolf , Mr. Jones , Mr. Cook , Mr. Walden , Mr. Hall , Mr. Joyce , Mr. Whitfield , and Mr. Meadows ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the National Desert Storm Memorial Association to establish the National Desert Storm and Desert Shield Memorial as a commemorative work in the District of Columbia, and for other purposes. 1. Short title This Act may be cited as the National Desert Storm and Desert Shield War Memorial Act . 2. Definitions For the purposes of this Act: (1) Association The term Association means the National Desert Storm Memorial Association, a corporation organized under the laws of the State of Arkansas and described in section 501(c)(3) and exempt from taxation under section 501(a) of the Internal Revenue Code of 1986. (2) Memorial The term memorial means the National Desert Storm and Desert Shield Memorial authorized to be established under section 3. 3. Memorial to commemorate (a) Authorization To establish commemorative work The Association may establish the National Desert Storm and Desert Shield Memorial as a commemorative work, on Federal land in the District of Columbia to commemorate and honor those who, as a member of the Armed Forces, served on active duty in support of Operation Desert Storm or Operation Desert Shield. (b) Compliance with standards for commemorative works act The establishment of the commemorative work shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act ). (c) Use of federal funds prohibited Federal funds may not be used to pay any expense of the establishment of the memorial. The Association shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the memorial. (d) Deposit of excess funds If, upon payment of all expenses for the establishment of the memorial (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), or upon expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work, the Association shall transmit the amount of the balance to the Secretary of the Interior for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code.

https://www.govinfo.gov/content/pkg/BILLS-113hr503ih/xml/BILLS-113hr503ih.xml

113-hr-504

I 113th CONGRESS 1st Session H. R. 504 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Culberson (for himself, Mr. Chabot , Mr. Hultgren , Mr. McKinley , and Mr. Thompson of Pennsylvania ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Appropriations , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To save at least $10,000,000,000 by consolidating some duplicative and overlapping Government programs. 1. Consolidating unnecessary duplicative and overlapping Government programs Notwithstanding any other provision of law, not later than 150 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall coordinate with the heads of the relevant department and agencies to— (1) use available administrative authority to eliminate, consolidate, or streamline Government programs and agencies with duplicative and overlapping missions identified in— (A) the February 2012 Government Accountability Office report to Congress, entitled Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue (GAO–12–342SP); and (B) the March 2011 Government Accountability Office report to Congress, entitled Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue (GAO–11–318SP) and apply the savings towards deficit reduction; (2) identify and report to Congress any legislative changes required to further eliminate, consolidate, or streamline Government programs and agencies with duplicative and overlapping missions identified in— (A) the February 2012 Government Accountability Office report to Congress, entitled Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue (GAO–12–342SP); and (B) the March 2011 Government Accountability Office report to Congress, entitled Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue (GAO–11–318SP); (3) determine the total cost savings that shall result to each agency, office, and department from the actions described in paragraph (1); and (4) rescind from the appropriate accounts the amount greater of— (A) $10,000,000,000; or (B) the total amount of cost savings estimated by paragraph (3).

https://www.govinfo.gov/content/pkg/BILLS-113hr504ih/xml/BILLS-113hr504ih.xml

113-hr-505

I 113th CONGRESS 1st Session H. R. 505 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Ellison (for himself, Mr. Grijalva , Mr. Conyers , Mr. McDermott , Ms. Clarke , Mr. Nadler , Ms. Lee of California , Mr. Markey , Ms. Schakowsky , Ms. Chu , Mr. Cohen , Mr. Clay , Ms. Eddie Bernice Johnson of Texas , Mr. Grayson , and Mr. Gutierrez ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on the Budget , Oversight and Government Reform , Armed Services , Education and the Workforce , Transportation and Infrastructure , and Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal sequester while achieving balance in deficit reduction between revenue and cuts, and between non-defense cuts and defense cuts, to invest in job creation, and for other purposes. 1. Short title; table of contents (a) Short Title This Act may be cited as the Balancing Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Repeal Sequester Sec. 101. Repeal of section 251A sequestration to enforce budget goal. Title II—Close Tax Loopholes to Achieve Balance Subtitle A—28 Percent Limitation on Certain Deductions and Exclusions Sec. 201. 28 percent limitation on certain deductions and exclusions. Subtitle B—Tax carried interest in investment partnerships as ordinary income Sec. 211. Partnership interests transferred in connection with performance of services. Sec. 212. Special rules for partners providing investment management services to partnerships. Subtitle C—Dual capacity taxpayers Sec. 221. Modifications of foreign tax credit rules applicable to dual capacity taxpayers. Sec. 222. Separate basket treatment taxes paid on foreign oil and gas income. Subtitle D—Close Exclusion of Foreign-Earned Income Loophole Sec. 231. Repeal of foreign earned income exclusion. Subtitle E—Close S Corporation Loophole Sec. 241. Employment tax treatment of professional service businesses. Subtitle F—Limitation on Mortgage Interest Deduction With Respect to Boats Sec. 251. Mortgage interest deduction allowed with respect to boats only if boat is used as the principal residence of the taxpayer. Title III—Ending Corporate Subsidies Subtitle A—End Fossil Fuel Subsidies Sec. 301. Termination of various tax expenditures relating to fossil fuels. Sec. 302. Termination of alternative fuel vehicle refueling property credit with respect to fossil fuels. Sec. 303. Uniform seven-year amortization for geological and geophysical expenditures. Sec. 304. Repeal of domestic manufacturing deduction for hard mineral mining. Sec. 305. Limitation on deduction for income attributable to domestic production of oil, natural gas, or primary products thereof. Sec. 306. Termination of last-in, first-out method of inventory for oil, natural gas, and coal companies. Sec. 307. Repeal of percentage depletion for coal and hard mineral fossil fuels. Sec. 308. Termination of capital gains treatment for royalties from coal. Sec. 309. Increase in oil spill liability trust fund financing rate. Sec. 310. Denial of deduction for removal costs and damages for certain oil spills. Sec. 311. Tax on crude oil and natural gas produced from the outer Continental Shelf in the Gulf of Mexico. Subtitle B—Ending Excessive Corporate Tax Deductions for Stock Options Sec. 331. Consistent treatment of stock options by corporations. Sec. 332. Application of executive pay deduction limit. Subtitle C—Reduce Deduction of Corporate Meals and Entertainment Sec. 341. Reduction in business meals and entertainment tax deduction. Title IV—Close International Tax System Loopholes Subtitle A—Reformation of U.S. international tax system Sec. 401. Allocation of expenses and taxes on basis of repatriation of foreign income. Sec. 402. Excess income from transfers of intangibles to low-taxed affiliates treated as subpart F income. Sec. 403. Limitations on income shifting through intangible property transfers. Sec. 404. Limitation on earnings stripping by expatriated entities. Sec. 405. Prevention of avoidance of tax through reinsurance with non-taxed affiliates. Subtitle B—Reinsurance Sec. 411. Prevention of avoidance of tax through reinsurance with non-taxed affiliates. Subtitle C—Close loophole for corporate jet depreciation Sec. 421. General aviation aircraft treated as 7-year property. Title V—Close Estate Tax Loopholes Sec. 501. Valuation rules for certain transfers of nonbusiness assets; limitation on minority discounts. Sec. 502. Consistent basis reporting between estate and person acquiring property from decedent. Sec. 503. Required minimum 10-year term, etc., for grantor retained annuity trusts. Sec. 504. Limitation on GST exemption of perpetual dynasty trusts. Title VI—Cut Pentagon Waste to Achieve Balance Subtitle A—Smarter Approach to nuclear Expenditures Sec. 601. Short title. Sec. 602. Findings. Sec. 603. Reduction in nuclear forces. Sec. 604. Reports required. Subtitle B—Limiting Excessive Contractor Compensation Sec. 611. Limitation on allowable compensation costs. Subtitle C—Relocate Troops From Europe to the United States Sec. 615. Relocation to United States military installations of members of the United States Armed Forces assigned to permanent duty in Europe. Subtitle D—Additional reduction in armed forces end strength levels Sec. 621. Additional Army and Marine Corps end strength reductions through retirement and separation. Subtitle E—Procurement of certain submarines, carriers, and aircraft Sec. 631. Limitation on procurement of Virginia class submarines. Sec. 632. Limitation on procurement of one Ford class aircraft carrier. Sec. 633. Authority for procurement of F/A–18E and F/A–18F aircraft. Sec. 634. Prohibition on procurement of V–22 Osprey aircraft. Subtitle F—Limit Military Bands Sec. 641. Limitation on expenditures for military musical units. Subtitle G—Reduction in Number of General and Flag Officers Sec. 651. Return of maximum number of general and flag officers to Cold War levels. Subtitle H—Audit the Pentagon Sec. 661. Purposes. Sec. 662. Findings. Sec. 663. Spending reductions for agencies without clean audits. Sec. 664. Report on Department of Defense reporting requirements. Sec. 665. Sense of Congress in implementation of defense budget reductions. Title VII—Invest in Job Creation Subtitle A—Making Work Pay Extension Sec. 701. One-year extension of making work pay credit. Subtitle B—Support for Teachers and School Modernization Part I—Preventing teacher layoffs and supporting the creation of additional jobs in public early childhood, elementary, and secondary education Sec. 711. Purpose. Sec. 712. Grants for the outlying areas and the Secretary of the Interior; availability of funds. Sec. 713. State allocation. Sec. 714. State application. Sec. 715. State reservation and responsibilities. Sec. 716. Local educational agencies. Sec. 717. Early learning. Sec. 718. Maintenance of effort. Sec. 719. Reporting. Sec. 720. Definitions. Sec. 721. Authorization of appropriations. Part II—Elementary and secondary schools Sec. 731. Purpose. Sec. 732. Authorization of appropriations. Sec. 733. Allocation of funds. Sec. 734. State use of funds. Sec. 735. State and local applications. Sec. 736. Use of funds. Sec. 737. Private schools. Sec. 738. Additional provisions. Part III—Community College modernization Sec. 739. Federal assistance for community college modernization. Part IV—General provisions Sec. 740. Definitions. Sec. 741. Buy American. Subtitle C—Transportation Infrastructure Investments Part I—Immediate transportation infrastructure investments Sec. 751. Immediate transportation infrastructure investments. Part II—Building and upgrading infrastructure for long-Term development Subpart A—Immediate transportation infrastructure investments Sec. 761. Short title. Sec. 762. Findings and purpose. Sec. 763. Definitions. Subpart B—American Infrastructure Financing Authority Sec. 765. Establishment and general authority of AIFA. Sec. 766. Voting members of the Board of Directors. Sec. 767. Chief executive officer of AIFA. Sec. 768. Powers and duties of the Board of Directors. Sec. 769. Senior management. Sec. 770. Special Inspector General for AIFA. Sec. 771. Other personnel. Sec. 772. Compliance. Subpart C—Terms and limitations on direct loans and loan guarantees Sec. 773. Eligibility criteria for assistance from AIFA and terms and limitations of loans. Sec. 774. Loan terms and repayment. Sec. 775. Compliance and enforcement. Sec. 776. Audits; reports to the President and Congress. Subpart D—Funding of AIFA Sec. 777. Administrative fees. Sec. 778. Efficiency of AIFA. Sec. 779. Funding. Subpart E—Extension of exemption from alternative minimum tax treatment for certain tax-Exempt bonds Sec. 780. Extension of exemption from alternative minimum tax treatment for certain tax-exempt bonds. I Repeal Sequester 101. Repeal of section 251A sequestration to enforce budget goal Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. II Close Tax Loopholes to Achieve Balance A 28 Percent Limitation on Certain Deductions and Exclusions 201. 28 percent limitation on certain deductions and exclusions (a) In general Part I of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 69. Limitation on certain deductions and exclusions (a) In general In the case of an individual for any taxable year, if— (1) the taxpayer’s adjusted gross income is above— (A) $250,000 in the case of a joint return within the meaning of section 6013, (B) $225,000 in the case of a head of household return, (C) $125,000 in the case of a married filing separately return, or (D) $200,000 in all other cases; and (2) the taxpayer’s adjusted taxable income for such taxable year exceeds the minimum marginal rate amount, then the tax imposed under section 1 with respect to such taxpayer for such taxable year shall be increased by the amount determined under subsection (b). If the taxpayer is subject to tax under section 55, then in lieu of an increase in tax under section 1, the tax imposed under section 55 with respect to such taxpayer for such taxable year shall be increased by the amount determined under subsection (c). (b) Additional amount The amount determined under this subsection with respect to any taxpayer for any taxable year is the excess (if any) of— (1) the tax which would be imposed under section 1 with respect to such taxpayer for such taxable year if adjusted taxable income were substituted for taxable income each place it appears therein, over (2) the sum of— (A) the tax which would be imposed under such section with respect to such taxpayer for such taxable year on the greater of— (i) taxable income, or (ii) the minimum marginal rate amount, plus (B) 28 percent of the excess (if any) of the taxpayer’s adjusted taxable income over the greater of— (i) the taxpayer’s taxable income, or (ii) the minimum marginal rate amount. (c) Additional AMT amount (1) The amount determined under this subsection with respect to any taxpayer for any taxable year is the additional amount computed under subsection (b) multiplied by the ratio that— (A) the result of— (i) all itemized deductions (before the application of section 68), plus (ii) the specified above-the-line deductions and specified exclusions, minus (iii) the amount of deductions disallowed under section 56(b)(1)(A) and (B), minus (iv) the non-preference disallowed deductions, bears to— (B) the sum of— (i) the total of itemized deductions (after the application of section 68), plus (ii) the specified above-the-line deductions and specified exclusions. (2) If the top of the AMT exemption phase-out range for the taxpayer exceeds the minimum marginal rate amount for the taxpayer and if the taxpayer’s alternative minimum taxable income does not exceed the top of the AMT exemption phase-out range, the taxpayer must increase its additional AMT amount by 7 percent of the excess of— (A) the lesser of— (i) the top of the AMT exemption phase-out range, or (ii) the taxpayer’s alternative minimum taxable income, computed— (I) without regard to any itemized deduction or any specified above-the-line deduction, and (II) by including the amount of any specified exclusion; over (B) the greater of— (i) the taxpayer’s alternative minimum taxable income, or (ii) the minimum marginal rate amount. (d) Minimum marginal rate amount For purposes of this section, the term minimum marginal rate amount means, with respect to any taxpayer for any taxable year, the highest amount of the taxpayer’s taxable income which would be subject to a marginal rate of tax under section 1 that is less than 36 percent with respect to such taxable year. (e) Adjusted taxable income For purposes of this section— (1) In general The term adjusted taxable income means taxable income computed— (A) without regard to any itemized deduction or any specified above-the-line deduction, and (B) by including in gross income any specified exclusion. (2) Specified above-the-line deduction The term specified above-the-line deduction means— (A) the deduction provided under section 162(l) (relating to special rules for health insurance costs of self-employed individuals), (B) the deduction provided under section 199 (relating to income attributable to domestic production activities), and (C) the deductions provided under the following paragraphs of section 62(a): (i) Paragraph (2) (relating to certain trade and business deductions of employees), other than subparagraph (A) thereof. (ii) Paragraph (15) (relating to moving expenses). (iii) Paragraph (16) (relating to Archer MSAs). (iv) Paragraph (17) (relating to interest on education loans). (v) Paragraph (18) (relating to higher education expenses). (vi) Paragraph (19) (relating to health savings accounts). (3) Specified exclusion The term specified exclusion means— (A) any interest excluded under section 103, (B) any exclusion with respect to the cost described in section 6051(a)(14) (without regard to subparagraph (B) thereof), and (C) any foreign earned income excluded under section 911. (f) Non-Preference disallowed deductions For purposes of this section, the term AMT-allowed deductions means all itemized deductions disallowed by section 68 multiplied by the ratio that— (1) a taxpayer’s itemized deductions for the taxable year that are subject to section 68 (that is, not including those excluded under section 68(c)) and that are not limited under section 56(b)(1)(A) or (B), bears to (2) the taxpayer’s itemized deductions for the taxable year that are subject to section 68 (that is, not including those excluded under section 68(c)). (g) Regulations The Secretary shall prescribe such regulations as may be appropriate to carry out this section, including regulations which provide appropriate adjustments to the additional AMT amount. . (b) Effective date The amendments made by this section shall apply to taxable years beginning on or after January 1, 2013. B Tax carried interest in investment partnerships as ordinary income 211. Partnership interests transferred in connection with performance of services (a) Modification to election To include partnership interest in gross income in year of transfer Subsection (c) of section 83 of the Internal Revenue Code of 1986 is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: (4) Partnership interests Except as provided by the Secretary— (A) In general In the case of any transfer of an interest in a partnership in connection with the provision of services to (or for the benefit of) such partnership— (i) the fair market value of such interest shall be treated for purposes of this section as being equal to the amount of the distribution which the partner would receive if the partnership sold (at the time of the transfer) all of its assets at fair market value and distributed the proceeds of such sale (reduced by the liabilities of the partnership) to its partners in liquidation of the partnership, and (ii) the person receiving such interest shall be treated as having made the election under subsection (b)(1) unless such person makes an election under this paragraph to have such subsection not apply. (B) Election The election under subparagraph (A)(ii) shall be made under rules similar to the rules of subsection (b)(2). . (b) Effective date The amendments made by this section shall apply to interests in partnerships transferred after December 31, 2012. 212. Special rules for partners providing investment management services to partnerships (a) In general Part I of subchapter K of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 710. Special rules for partners providing investment management services to partnerships (a) Treatment of distributive share of partnership items For purposes of this title, in the case of an investment services partnership interest— (1) In general Notwithstanding section 702(b)— (A) an amount equal to the net capital gain with respect to such interest for any partnership taxable year shall be treated as ordinary income, and (B) subject to the limitation of paragraph (2), an amount equal to the net capital loss with respect to such interest for any partnership taxable year shall be treated as an ordinary loss. (2) Recharacterization of losses limited to recharacterized gains The amount treated as ordinary loss under paragraph (1)(B) for any taxable year shall not exceed the excess (if any) of— (A) the aggregate amount treated as ordinary income under paragraph (1)(A) with respect to the investment services partnership interest for all preceding partnership taxable years to which this section applies, over (B) the aggregate amount treated as ordinary loss under paragraph (1)(B) with respect to such interest for all preceding partnership taxable years to which this section applies. (3) Allocation to items of gain and loss (A) Net capital gain The amount treated as ordinary income under paragraph (1)(A) shall be allocated ratably among the items of long-term capital gain taken into account in determining such net capital gain. (B) Net capital loss The amount treated as ordinary loss under paragraph (1)(B) shall be allocated ratably among the items of long-term capital loss and short-term capital loss taken into account in determining such net capital loss. (4) Terms relating to capital gains and losses For purposes of this section— (A) In general Net capital gain, long-term capital gain, and long-term capital loss, with respect to any investment services partnership interest for any taxable year, shall be determined under section 1222, except that such section shall be applied— (i) without regard to the recharacterization of any item as ordinary income or ordinary loss under this section, (ii) by only taking into account items of gain and loss taken into account by the holder of such interest under section 702 with respect to such interest for such taxable year, (iii) by treating property which is taken into account in determining gains and losses to which section 1231 applies as capital assets held for more than 1 year, and (iv) without regard to section 1202. (B) Net capital loss The term net capital loss means the excess of the losses from sales or exchanges of capital assets over the gains from such sales or exchanges. Rules similar to the rules of clauses (i) through (iv) of subparagraph (A) shall apply for purposes of the preceding sentence. (5) Special rules for dividends (A) Individuals Any dividend allocated to any investment services partnership interest shall not be treated as qualified dividend income for purposes of section 1(h). (B) Corporations No deduction shall be allowed under section 243 or 245 with respect to any dividend allocated to any investment services partnership interest. (b) Dispositions of partnership interests (1) Gain (A) In general Any gain on the disposition of an investment services partnership interest shall be— (i) treated as ordinary income, and (ii) recognized notwithstanding any other provision of this subtitle. (B) Exceptions; Certain transfers to charities and related persons Subparagraph (A) shall not apply to— (i) a disposition by gift, (ii) a transfer at death, or (iii) other disposition identified by the Secretary as a disposition with respect to which it would be inconsistent with the purposes of this section to apply subparagraph (A), if such gift, transfer, or other disposition is to an organization described in section 170(b)(1)(A) (other than any organization described in section 509(a)(3) or any fund or account described in section 4966(d)(2)) or a person with respect to whom the transferred interest is an investment services partnership interest. (2) Loss Any loss on the disposition of an investment services partnership interest shall be treated as an ordinary loss to the extent of the excess (if any) of— (A) the aggregate amount treated as ordinary income under subsection (a) with respect to such interest for all partnership taxable years to which this section applies, over (B) the aggregate amount treated as ordinary loss under subsection (a) with respect to such interest for all partnership taxable years to which this section applies. (3) Election with respect to certain exchanges Paragraph (1)(A)(ii) shall not apply to the contribution of an investment services partnership interest to a partnership in exchange for an interest in such partnership if— (A) the taxpayer makes an irrevocable election to treat the partnership interest received in the exchange as an investment services partnership interest, and (B) the taxpayer agrees to comply with such reporting and recordkeeping requirements as the Secretary may prescribe. (4) Distributions of partnership property (A) In general In the case of any distribution of property by a partnership with respect to any investment services partnership interest held by a partner, the partner receiving such property shall recognize gain equal to the excess (if any) of— (i) the fair market value of such property at the time of such distribution, over (ii) the adjusted basis of such property in the hands of such partner (determined without regard to subparagraph (C)). (B) Treatment of gain as ordinary income Any gain recognized by such partner under subparagraph (A) shall be treated as ordinary income to the same extent and in the same manner as the increase in such partner’s distributive share of the taxable income of the partnership would be treated under subsection (a) if, immediately prior to the distribution, the partnership had sold the distributed property at fair market value and all of the gain from such disposition were allocated to such partner. For purposes of applying paragraphs (2) and (3) of subsection (a), any gain treated as ordinary income under this subparagraph shall be treated as an amount treated as ordinary income under subsection (a)(1)(A). (C) Adjustment of basis In the case a distribution to which subparagraph (A) applies, the basis of the distributed property in the hands of the distributee partner shall be the fair market value of such property. (D) Special rules with respect to mergers, divisions, and technical terminations In the case of a taxpayer which satisfies requirements similar to the requirements of subparagraphs (A) and (B) of paragraph (3), this paragraph and paragraph (1)(A)(ii) shall not apply to the distribution of a partnership interest if such distribution is in connection with a contribution (or deemed contribution) of any property of the partnership to which section 721 applies pursuant to a transaction described in paragraph (1)(B) or (2) of section 708(b). (c) Investment services partnership interest For purposes of this section— (1) In general The term investment services partnership interest means any interest in an investment partnership acquired or held by any person in connection with the conduct of a trade or business described in paragraph (2) by such person (or any person related to such person). An interest in an investment partnership held by any person— (A) shall not be treated as an investment services partnership interest for any period before the first date on which it is so held in connection with such a trade or business, (B) shall not cease to be an investment services partnership interest merely because such person holds such interest other than in connection with such a trade or business, and (C) shall be treated as an investment services partnership interest if acquired from a related person in whose hands such interest was an investment services partnership interest. (2) Businesses to which this section applies A trade or business is described in this paragraph if such trade or business primarily involves the performance of any of the following services with respect to assets held (directly or indirectly) by the investment partnership referred to in paragraph (1): (A) Advising as to the advisability of investing in, purchasing, or selling any specified asset. (B) Managing, acquiring, or disposing of any specified asset. (C) Arranging financing with respect to acquiring specified assets. (D) Any activity in support of any service described in subparagraphs (A) through (C). (3) Investment partnership (A) In general The term investment partnership means any partnership if, at the end of any calendar quarter ending after December 31, 2012— (i) substantially all of the assets of the partnership are specified assets (determined without regard to any section 197 intangible within the meaning of section 197(d)), and (ii) more than half of the contributed capital of the partnership is attributable to contributions of property by one or more persons in exchange for interests in the partnership which (in the hands of such persons) constitute property held for the production of income. (B) Special rules for determining if property held for the production of income Except as otherwise provided by the Secretary, for purposes of determining whether any interest in a partnership constitutes property held for the production of income under subparagraph (A)(ii)— (i) any election under subsection (e) or (f) of section 475 shall be disregarded, and (ii) paragraph (5)(B) shall not apply. (C) Antiabuse rules The Secretary may issue regulations or other guidance which prevent the avoidance of the purposes of subparagraph (A), including regulations or other guidance which treat convertible and contingent debt (and other debt having the attributes of equity) as a capital interest in the partnership. (D) Controlled groups of entities (i) In general In the case of a controlled group of entities, if an interest in the partnership received in exchange for a contribution to the capital of the partnership by any member of such controlled group would (in the hands of such member) constitute property not held for the production of income, then any interest in such partnership held by any member of such group shall be treated for purposes of subparagraph (A) as constituting (in the hands of such member) property not held for the production of income. (ii) Controlled group of entities For purposes of clause (i), the term controlled group of entities means a controlled group of corporations as defined in section 1563(a)(1), applied without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence). (4) Specified asset The term specified asset means securities (as defined in section 475(c)(2) without regard to the last sentence thereof), real estate held for rental or investment, interests in partnerships, commodities (as defined in section 475(e)(2)), cash or cash equivalents, or options or derivative contracts with respect to any of the foregoing. (5) Related persons (A) In general A person shall be treated as related to another person if the relationship between such persons is described in section 267(b) or 707(b). (B) Attribution of partner services Any service described in paragraph (2) which is provided by a partner of a partnership shall be treated as also provided by such partnership. (d) Exception for certain capital interests (1) In general In the case of any portion of an investment services partnership interest which is a qualified capital interest, all items of gain and loss (and any dividends) which are allocated to such qualified capital interest shall not be taken into account under subsection (a) if— (A) allocations of items are made by the partnership to such qualified capital interest in the same manner as such allocations are made to other qualified capital interests held by partners who do not provide any services described in subsection (c)(2) and who are not related to the partner holding the qualified capital interest, and (B) the allocations made to such other interests are significant compared to the allocations made to such qualified capital interest. (2) Authority to provide exceptions to allocation requirements To the extent provided by the Secretary in regulations or other guidance— (A) Allocations to portion of qualified capital interest Paragraph (1) may be applied separately with respect to a portion of a qualified capital interest. (B) No or insignificant allocations to nonservice providers In any case in which the requirements of paragraph (1)(B) are not satisfied, items of gain and loss (and any dividends) shall not be taken into account under subsection (a) to the extent that such items are properly allocable under such regulations or other guidance to qualified capital interests. (C) Allocations to service providers’ qualified capital interests which are less than other allocations Allocations shall not be treated as failing to meet the requirement of paragraph (1)(A) merely because the allocations to the qualified capital interest represent a lower return than the allocations made to the other qualified capital interests referred to in such paragraph. (3) Special rule for changes in services and capital contributions In the case of an interest in a partnership which was not an investment services partnership interest and which, by reason of a change in the services with respect to assets held (directly or indirectly) by the partnership or by reason of a change in the capital contributions to such partnership, becomes an investment services partnership interest, the qualified capital interest of the holder of such partnership interest immediately after such change shall not, for purposes of this subsection, be less than the fair market value of such interest (determined immediately before such change). (4) Special rule for tiered partnerships Except as otherwise provided by the Secretary, in the case of tiered partnerships, all items which are allocated in a manner which meets the requirements of paragraph (1) to qualified capital interests in a lower-tier partnership shall retain such character to the extent allocated on the basis of qualified capital interests in any upper-tier partnership. (5) Exception for no-self-charged carry and management fee provisions Except as otherwise provided by the Secretary, an interest shall not fail to be treated as satisfying the requirement of paragraph (1)(A) merely because the allocations made by the partnership to such interest do not reflect the cost of services described in subsection (c)(2) which are provided (directly or indirectly) to the partnership by the holder of such interest (or a related person). (6) Special rule for dispositions In the case of any investment services partnership interest any portion of which is a qualified capital interest, subsection (b) shall not apply to so much of any gain or loss as bears the same proportion to the entire amount of such gain or loss as— (A) the distributive share of gain or loss that would have been allocated to the qualified capital interest (consistent with the requirements of paragraph (1)) if the partnership had sold all of its assets at fair market value immediately before the disposition, bears to (B) the distributive share of gain or loss that would have been so allocated to the investment services partnership interest of which such qualified capital interest is a part. (7) Qualified capital interest For purposes of this subsection— (A) In general The term qualified capital interest means so much of a partner’s interest in the capital of the partnership as is attributable to— (i) the fair market value of any money or other property contributed to the partnership in exchange for such interest (determined without regard to section 752(a)), (ii) any amounts which have been included in gross income under section 83 with respect to the transfer of such interest, and (iii) the excess (if any) of— (I) any items of income and gain taken into account under section 702 with respect to such interest, over (II) any items of deduction and loss so taken into account. (B) Adjustment to qualified capital interest (i) Distributions and losses The qualified capital interest shall be reduced by distributions from the partnership with respect to such interest and by the excess (if any) of the amount described in subparagraph (A)(iii)(II) over the amount described in subparagraph (A)(iii)(I). (ii) Special rule for contributions of property In the case of any contribution of property described in subparagraph (A)(i) with respect to which the fair market value of such property is not equal to the adjusted basis of such property immediately before such contribution, proper adjustments shall be made to the qualified capital interest to take into account such difference consistent with such regulations or other guidance as the Secretary may provide. (C) Technical terminations, etc., disregarded No increase or decrease in the qualified capital interest of any partner shall result from a termination, merger, consolidation, or division described in section 708, or any similar transaction. (8) Treatment of certain loans (A) Proceeds of partnership loans not treated as qualified capital interest of service providing partners For purposes of this subsection, an investment services partnership interest shall not be treated as a qualified capital interest to the extent that such interest is acquired in connection with the proceeds of any loan or other advance made or guaranteed, directly or indirectly, by any other partner or the partnership (or any person related to any such other partner or the partnership). The preceding sentence shall not apply to the extent the loan or other advance is repaid before January 1, 2013 unless such repayment is made with the proceeds of a loan or other advance described in the preceding sentence. (B) Reduction in allocations to qualified capital interests for loans from nonservice-providing partners to the partnership For purposes of this subsection, any loan or other advance to the partnership made or guaranteed, directly or indirectly, by a partner not providing services described in subsection (c)(2) to the partnership (or any person related to such partner) shall be taken into account in determining the qualified capital interests of the partners in the partnership. (e) Other income and gain in connection with investment management services (1) In general If— (A) a person performs (directly or indirectly) investment management services for any investment entity, (B) such person holds (directly or indirectly) a disqualified interest with respect to such entity, and (C) the value of such interest (or payments thereunder) is substantially related to the amount of income or gain (whether or not realized) from the assets with respect to which the investment management services are performed, any income or gain with respect to such interest shall be treated as ordinary income. Rules similar to the rules of subsections (a)(5) and (d) shall apply for purposes of this subsection. (2) Definitions For purposes of this subsection— (A) Disqualified interest (i) In general The term disqualified interest means, with respect to any investment entity— (I) any interest in such entity other than indebtedness, (II) convertible or contingent debt of such entity, (III) any option or other right to acquire property described in subclause (I) or (II), and (IV) any derivative instrument entered into (directly or indirectly) with such entity or any investor in such entity. (ii) Exceptions Such term shall not include— (I) a partnership interest, (II) except as provided by the Secretary, any interest in a taxable corporation, and (III) except as provided by the Secretary, stock in an S corporation. (B) Taxable corporation The term taxable corporation means— (i) a domestic C corporation, or (ii) a foreign corporation substantially all of the income of which is— (I) effectively connected with the conduct of a trade or business in the United States, or (II) subject to a comprehensive foreign income tax (as defined in section 457A(d)(2)). (C) Investment management services The term investment management services means a substantial quantity of any of the services described in subsection (c)(2). (D) Investment entity The term investment entity means any entity which, if it were a partnership, would be an investment partnership. (f) Regulations The Secretary shall prescribe such regulations or other guidance as is necessary or appropriate to carry out the purposes of this section, including regulations or other guidance to— (1) provide modifications to the application of this section (including treating related persons as not related to one another) to the extent such modification is consistent with the purposes of this section, and (2) coordinate this section with the other provisions of this title. (g) Cross reference For 40 percent penalty on certain underpayments due to the avoidance of this section, see section 6662. . (b) Application of section 751 to indirect dispositions of investment services partnership interests (1) In general Subsection (a) of section 751 of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (1), by inserting or at the end of paragraph (2), and by inserting after paragraph (2) the following new paragraph: (3) investment services partnership interests held by the partnership, . (2) Certain distributions treated as sales or exchanges Subparagraph (A) of section 751(b)(1) of the Internal Revenue Code of 1986 is amended by striking or at the end of clause (i), by inserting or at the end of clause (ii), and by inserting after clause (ii) the following new clause: (iii) investment services partnership interests held by the partnership, . (3) Application of special rules in the case of tiered partnerships Subsection (f) of section 751 of the Internal Revenue Code of 1986 is amended by striking or at the end of paragraph (1), by inserting or at the end of paragraph (2), and by inserting after paragraph (2) the following new paragraph: (3) investment services partnership interests held by the partnership, . (4) Investment services partnership interests; qualified capital interests Section 751 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Investment services partnership interests For purposes of this section— (1) In general The term investment services partnership interest has the meaning given such term by section 710(c). (2) Adjustments for qualified capital interests The amount to which subsection (a) applies by reason of paragraph (3) thereof shall not include so much of such amount as is attributable to any portion of the investment services partnership interest which is a qualified capital interest (determined under rules similar to the rules of section 710(d)). (3) Recognition of gains Any gain with respect to which subsection (a) applies by reason of paragraph (3) thereof shall be recognized notwithstanding any other provision of this title. (4) Coordination with inventory items An investment services partnership interest held by the partnership shall not be treated as an inventory item of the partnership. (5) Prevention of double counting Under regulations or other guidance prescribed by the Secretary, subsection (a)(3) shall not apply with respect to any amount to which section 710 applies. . (c) Treatment for purposes of section 7704 Subsection (d) of section 7704 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Income from certain carried interests not qualified (A) In general Specified carried interest income shall not be treated as qualifying income. (B) Specified carried interest income For purposes of this paragraph— (i) In general The term specified carried interest income means— (I) any item of income or gain allocated to an investment services partnership interest (as defined in section 710(c)) held by the partnership, (II) any gain on the disposition of an investment services partnership interest (as so defined) or a partnership interest to which (in the hands of the partnership) section 751 applies, and (III) any income or gain taken into account by the partnership under subsection (b)(4) or (e) of section 710. (ii) Exception for qualified capital interests A rule similar to the rule of section 710(d) shall apply for purposes of clause (i). (C) Coordination with other provisions Subparagraph (A) shall not apply to any item described in paragraph (1)(E) (or so much of paragraph (1)(F) as relates to paragraph (1)(E)). (D) Special rules for certain partnerships (i) Certain partnerships owned by real estate investment trusts Subparagraph (A) shall not apply in the case of a partnership which meets each of the following requirements: (I) Such partnership is treated as publicly traded under this section solely by reason of interests in such partnership being convertible into interests in a real estate investment trust which is publicly traded. (II) Fifty percent or more of the capital and profits interests of such partnership are owned, directly or indirectly, at all times during the taxable year by such real estate investment trust (determined with the application of section 267(c)). (III) Such partnership meets the requirements of paragraphs (2), (3), and (4) of section 856(c). (ii) Certain partnerships owning other publicly traded partnerships Subparagraph (A) shall not apply in the case of a partnership which meets each of the following requirements: (I) Substantially all of the assets of such partnership consist of interests in one or more publicly traded partnerships (determined without regard to subsection (b)(2)). (II) Substantially all of the income of such partnership is ordinary income or section 1231 gain (as defined in section 1231(a)(3)). (E) Transitional rule Subparagraph (A) shall not apply to any taxable year of the partnership beginning before the date which is 10 years after January 1, 2013. . (d) Imposition of penalty on underpayments (1) In general Subsection (b) of section 6662 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (7) the following new paragraph: (8) The application of section 710(e) or the regulations or other guidance prescribed under section 710(h) to prevent the avoidance of the purposes of section 710. . (2) Amount of penalty (A) In general Section 6662 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (k) Increase in penalty in case of property transferred for investment management services In the case of any portion of an underpayment to which this section applies by reason of subsection (b)(8), subsection (a) shall be applied with respect to such portion by substituting 40 percent for 20 percent . . (B) Conforming amendment Subparagraph (B) of section 6662A(e)(2) is amended by striking or (i) and inserting , (i), or (k) . (3) Special rules for application of reasonable cause exception Subsection (c) of section 6664 is amended— (A) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (B) by striking paragraph (3) in paragraph (5)(A), as so redesignated, and inserting paragraph (4) ; and (C) by inserting after paragraph (2) the following new paragraph: (3) Special rule for underpayments attributable to investment management services (A) In general Paragraph (1) shall not apply to any portion of an underpayment to which section 6662 applies by reason of subsection (b)(8) unless— (i) the relevant facts affecting the tax treatment of the item are adequately disclosed, (ii) there is or was substantial authority for such treatment, and (iii) the taxpayer reasonably believed that such treatment was more likely than not the proper treatment. (B) Rules relating to reasonable belief Rules similar to the rules of subsection (d)(3) shall apply for purposes of subparagraph (A)(iii). . (e) Income and loss from investment services partnership interests taken into account in determining net earnings from self-Employment (1) Internal revenue code (A) In general Section 1402(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (16), by striking the period at the end of paragraph (17) and inserting ; and , and by inserting after paragraph (17) the following new paragraph: (18) notwithstanding the preceding provisions of this subsection, in the case of any individual engaged in the trade or business of providing services described in section 710(c)(2) with respect to any entity, investment services partnership income or loss (as defined in subsection (m)) of such individual with respect to such entity shall be taken into account in determining the net earnings from self-employment of such individual. . (B) Investment services partnership income or loss Section 1402 of the Internal Revenue Code is amended by adding at the end the following new subsection: (m) Investment services partnership income or loss For purposes of subsection (a)— (1) In general The term investment services partnership income or loss means, with respect to any investment services partnership interest (as defined in section 710(c)), the net of— (A) the amounts treated as ordinary income or ordinary loss under subsections (b) and (e) of section 710 with respect to such interest, (B) all items of income, gain, loss, and deduction allocated to such interest, and (C) the amounts treated as realized from the sale or exchange of property other than a capital asset under section 751 with respect to such interest. (2) Exception for qualified capital interests A rule similar to the rule of section 710(d) shall apply for purposes of applying paragraph (1)(B)(ii). . (2) Social security Act Section 211(a) of the Social Security Act is amended by striking and at the end of paragraph (15), by striking the period at the end of paragraph (16) and inserting ; and , and by inserting after paragraph (16) the following new paragraph: (17) Notwithstanding the preceding provisions of this subsection, in the case of any individual engaged in the trade or business of providing services described in section 710(c)(2) of the Internal Revenue Code of 1986 with respect to any entity, investment services partnership income or loss (as defined in section 1402(m) of such Code) shall be taken into account in determining the net earnings from self-employment of such individual. . (f) Conforming amendments (1) Subsection (d) of section 731 of the Internal Revenue Code of 1986 is amended by inserting section 710(b)(4) (relating to distributions of partnership property), after to the extent otherwise provided by . (2) Section 741 of the Internal Revenue Code of 1986 is amended by inserting or section 710 (relating to special rules for partners providing investment management services to partnerships) before the period at the end. (3) The table of sections for part I of subchapter K of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Sec. 710. Special rules for partners providing investment management services to partnerships. . (g) Effective date (1) In general Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years ending after December 31, 2012. (2) Partnership taxable years which include effective date In applying section 710(a) of the Internal Revenue Code of 1986 (as added by this section) in the case of any partnership taxable year which includes January 1, 2013, the amount of the net income referred to in such section shall be treated as being the lesser of the net income for the entire partnership taxable year or the net income determined by only taking into account items attributable to the portion of the partnership taxable year which is after such date. (3) Dispositions of partnership interests (A) In general Section 710(b) of such Code (as added by this section) shall apply to dispositions and distributions after December 31, 2012. (B) Indirect dispositions The amendments made by subsection (b) shall apply to transactions after December 31, 2012. (4) Other income and gain in connection with investment management services Section 710(e) of such Code (as added by this section) shall take effect on January 1, 2013. C Dual capacity taxpayers 221. Modifications of foreign tax credit rules applicable to dual capacity taxpayers (a) In general Section 901 of the Internal Revenue Code of 1986 (relating to credit for taxes of foreign countries and of possessions of the United States) is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rules relating to dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer or any member of the worldwide affiliated group of which such dual capacity taxpayer is also a member to any foreign country or to any possession of the United States for any period shall not be considered a tax to the extent such amount exceeds the amount (determined in accordance with regulations) which would have been required to be paid if the taxpayer were not a dual capacity taxpayer. (2) Dual capacity taxpayer For purposes of this subsection, the term dual capacity taxpayer means, with respect to any foreign country or possession of the United States, a person who— (A) is subject to a levy of such country or possession, and (B) receives (or will receive) directly or indirectly a specific economic benefit (as determined in accordance with regulations) from such country or possession. (3) Regulations The Secretary may issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection. . (b) Contrary treaty obligations upheld The amendments made by this section shall not apply to the extent contrary to any treaty obligation of the United States. (c) Effective date The amendments made by this section shall apply to amounts that, if such amounts were an amount of tax paid or accrued, would be considered paid or accrued in taxable years beginning after December 31, 2012. 222. Separate basket treatment taxes paid on foreign oil and gas income (a) Separate basket for foreign tax credit Paragraph (1) of section 904(d) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , and , and by adding at the end the following: (C) combined foreign oil and gas income (as defined in section 907(b)(1)). . (b) Coordination Section 904(d)(2) of such Code is amended by redesignating subparagraphs (J) and (K) as subparagraphs (K) and (L) and by inserting after subparagraph (I) the following: (J) Coordination with combined foreign oil and gas income For purposes of this section, passive category income and general category income shall not include combined foreign oil and gas income (as defined in section 907(b)(1)). . (c) Conforming amendments (1) Section 907(a) is hereby repealed. (2) Section 907(c)(4) is hereby repealed. (3) Section 907(f) is hereby repealed. (d) Effective dates (1) In general The amendments made by this section shall apply to taxable years beginning after December 31, 2012. (2) Transitional rules (A) Carryovers Any unused foreign oil and gas taxes which under section 907(f) of such Code (as in effect before the amendment made by subsection (c)(3)) would have been allowable as a carryover to the taxpayer’s first taxable year beginning after December 31, 2012 (without regard to the limitation of paragraph (2) of such section 907(f) for first taxable year) shall be allowed as carryovers under section 904(c) of such Code in the same manner as if such taxes were unused taxes under such section 904(c) with respect to foreign oil and gas extraction income. (B) Losses The amendment made by subsection (c)(2) shall not apply to foreign oil and gas extraction losses arising in taxable years beginning on or before the date of the enactment of this Act. D Close Exclusion of Foreign-Earned Income Loophole 231. Repeal of foreign earned income exclusion (a) In general Subsection (a) of section 911 of the Internal Revenue Code of 1986 is amended by striking for any taxable year— and all that follows through the end and inserting for any taxable year the housing cost amount of such individual. . (b) Conforming amendments (1) Subsection (f) of section 86 of such Code is amended by inserting and at the end of paragraph (2), by striking , and at the end of paragraph (3) and inserting a period, and by striking paragraph (4). (2) Section 1401(a) of such Code is amended by striking paragraph (11). (3) (A) Clause (i) of section 1411(a)(1)(B) of such Code is amended by striking modified . (B) Section 1411 of such Code is amended by striking subsection (d) and by redesignating subsection (e) as subsection (d). (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. E Close S Corporation Loophole 241. Employment tax treatment of professional service businesses (a) In general Section 1402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (m) Special rules for professional service businesses (1) Shareholders providing services to specified s corporations (A) In general In the case of an applicable shareholder who provides substantial services with respect to a professional service business referred to in subparagraph (C) of a specified S corporation— (i) such shareholder shall be treated as engaged in the trade or business of such professional service business with respect to items of income or loss described in section 1366 which are attributable to such business, and (ii) such shareholder’s net earnings from self-employment shall include such shareholder’s pro rata share of such items of income or loss, except that in computing such pro rata share of such items the exceptions provided in subsection (a) shall apply. (B) Treatment of family members Except as otherwise provided by the Secretary, the applicable shareholder’s pro rata share of items referred to in subparagraph (A) shall be increased by the pro rata share of such items of each member of such applicable shareholder’s family (within the meaning of section 318(a)(1)) who does not provide substantial services with respect to such professional service business. (C) Specified s corporation For purposes of this subsection, the term specified S corporation means— (i) any S corporation which is a partner in a partnership which is engaged in a professional service business if substantially all of the activities of such S corporation are performed in connection with such partnership, and (ii) any other S corporation which is engaged in a professional service business if 75 percent or more of the gross income of such business is attributable to service of 3 or fewer shareholders of such corporation. (D) Applicable shareholder For purposes of this paragraph, the term applicable shareholder means any shareholder whose modified adjusted gross income for the taxable year exceeds— (i) in the case of a shareholder making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), $250,000, (ii) in the case of a married shareholder (as defined in section 7703) filing a separate return, half of the dollar amount determined under clause (i), and (iii) in any other case, $200,000. (2) Partners (A) In general In the case of any partnership which is engaged in a professional service business, subsection (a)(13) shall not apply to any applicable partner who provides substantial services with respect to such professional service business. (B) Applicable partner For purposes of this paragraph, the term applicable partner means any partner whose modified adjusted gross income for the taxable year exceeds— (i) in the case of a partner making a joint return under section 6013 or a surviving spouse (as defined in section 2(a)), $250,000, (ii) in the case of a married partner (as defined in section 7703) filing a separate return, half of the dollar amount determined under clause (i), and (iii) in any other case, $200,000. (3) Professional service business For purposes of this subsection, the term professional service business means any trade or business (or portion thereof) providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services. (4) Modified adjusted gross income For purposes of this subsection, the term modified adjusted gross income means adjusted gross income— (A) determined without regard to any deduction allowed under section 164(f), and (B) increased by the amount excluded from gross income under section 911(a)(1). (5) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations which prevent the avoidance of the purposes of this subsection through tiered entities or otherwise. (6) Cross reference For employment tax treatment of wages paid to shareholders of S corporations, see subtitle C. . (b) Conforming amendment Section 211 of the Social Security Act is amended by adding at the end the following new subsection: (l) Special rules for professional service businesses (1) Shareholders providing services to specified s corporations (A) In general In the case of an applicable shareholder who provides substantial services with respect to a professional service business referred to in subparagraph (C) of a specified S corporation— (i) such shareholder shall be treated as engaged in the trade or business of such professional service business with respect to items of income or loss described in section 1366 of the Internal Revenue Code of 1986 which are attributable to such business, and (ii) such shareholder’s net earnings from self-employment shall include such shareholder’s pro rata share of such items of income or loss, except that in computing such pro rata share of such items the exceptions provided in subsection (a) shall apply. (B) Treatment of family members Except as otherwise provided by the Secretary of the Treasury, the applicable shareholder’s pro rata share of items referred to in subparagraph (A) shall be increased by the pro rata share of such items of each member of such applicable shareholder’s family (within the meaning of section 318(a)(1) of the Internal Revenue Code of 1986) who does not provide substantial services with respect to such professional service business. (C) Specified s corporation For purposes of this subsection, the term specified S corporation means— (i) any S corporation (as defined in section 1361(a) of the Internal Revenue Code of 1986) which is a partner in a partnership which is engaged in a professional service business if substantially all of the activities of such S corporation are performed in connection with such partnership, and (ii) any other S corporation (as so defined) which is engaged in a professional service business if 75 percent or more of the gross income of such business is attributable to service of 3 or fewer shareholders of such corporation. (D) Applicable shareholder For purposes of this paragraph, the term applicable shareholder means any shareholder whose modified adjusted gross income for the taxable year exceeds— (i) in the case of a shareholder making a joint return under section 6013 of the Internal Revenue Code of 1986 or a surviving spouse (as defined in section 2(a) of such Code), $250,000, (ii) in the case of a married shareholder (as defined in section 7703 of such Code) filing a separate return, half of the dollar amount determined under clause (i), and (iii) in any other case, $200,000. (2) Partners (A) In general In the case of any partnership which is engaged in a professional service business, subsection (a)(12) shall not apply to any applicable partner who provides substantial services with respect to such professional service business. (B) Applicable partner For purposes of this paragraph, the term applicable partner means any partner whose modified adjusted gross income for the taxable year exceeds— (i) in the case of a partner making a joint return under section 6013 of the Internal Revenue Code of 1986 or a surviving spouse (as defined in section 2(a) of such Code), $250,000, (ii) in the case of a married partner (as defined in section 7703 of such Code) filing a separate return, half of the dollar amount determined under clause (i), and (iii) in any other case, $200,000. (3) Professional service business For purposes of this subsection, the term professional service business means any trade or business (or portion thereof) providing services in the fields of health, law, lobbying, engineering, architecture, accounting, actuarial science, performing arts, consulting, athletics, investment advice or management, or brokerage services. (4) Modified adjusted gross income For purposes of this subsection, the term modified adjusted gross income means adjusted gross income as determined under section 62 of the Internal Revenue Code of 1986— (A) determined without regard to any deduction allowed under section 164(f) of such Code, and (B) increased by the amount excluded from gross income under section 911(a)(1) of such Code. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. F Limitation on Mortgage Interest Deduction With Respect to Boats 251. Mortgage interest deduction allowed with respect to boats only if boat is used as the principal residence of the taxpayer (a) In general Subclause (ii) of section 163(h)(4)(A) of the Internal Revenue Code of 1986 is amended by inserting (other than a boat) after 1 other residence of the taxpayer . (b) Effective date (1) In general The amendment made by this section shall apply to indebtedness incurred after the date of the enactment of this Act. (2) Special rule for refinancings For purposes of this subsection, indebtedness resulting from the refinancing of indebtedness shall be treated as incurred on the date the refinanced indebtedness was incurred (taking into account the application of this paragraph in the case of multiple refinancings) but only to the extent the indebtedness resulting from such refinancing does not exceed the refinanced indebtedness. III Ending Corporate Subsidies A End Fossil Fuel Subsidies 301. Termination of various tax expenditures relating to fossil fuels (a) In general Subchapter C of chapter 90 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7875. Termination of certain provisions relating to fossil fuel incentives (a) In general The following provisions shall not apply to taxable years beginning after the date of the enactment of the Balancing Act : (1) Section 43 (relating to enhanced oil recovery credit). (2) Section 45I (relating to credit for producing oil and natural gas from marginal wells). (3) Section 45K (relating to credit for producing fuel from a nonconventional source). (4) Section 193 (relating to tertiary injectants). (5) Section 199(d)(9) (relating to special rule for taxpayers with oil related qualified production activities income). (6) Section 461(i)(2) (relating to special rule for spudding of oil or natural gas wells). (7) Section 469(c)(3) (relating to working interests in oil and natural gas property). (8) Section 613A (relating to limitations on percentage depletion in case of oil and natural gas wells). (9) Section 617 (relating to deduction and recapture of certain mining exploration expenditures). (10) Section 7704(d)(1)(E) (relating to qualifying income). (b) Provisions relating to property The following provisions shall not apply to property placed in service after the date of the enactment of the Balancing Act : (1) Subparagraphs (C)(iii) and (E)(viii) of section 168(e)(3) (relating to classification of certain property). (2) Section 169 (relating to amortization of pollution control facilities) with respect to any atmospheric pollution control facility. (3) Section 179C (relating to election to expense certain refineries). (c) Provisions relating to costs and expenses The following provisions shall not apply to costs or expenses paid or incurred after the date of the enactment of the Balancing Act : (1) Section 179B (relating to deduction for capital costs incurred in complying with Environmental Protection Agency sulfur regulations). (2) Section 198 (relating to expensing of environmental remediation costs). (3) Section 263(c) (relating to intangible drilling and development costs) with respect to costs in the case of oil and natural gas wells. (4) Section 468 (relating to special rules for mining and solid waste reclamation and closing costs). (d) 5-Year carryback for marginal oil and natural gas well production credit Section 39(a)(3) (relating to 5-year carryback for marginal oil and natural gas well production credit) shall not apply to credits determined in taxable years beginning after the date of the enactment of the Balancing Act . (e) Credit for carbon dioxide sequestration Section 45Q (relating to credit for carbon dioxide sequestration) shall not apply to carbon dioxide captured after the date of the enactment of the Balancing Act . (f) Allocated credits No new credits shall be certified under section 48A (relating to qualifying advanced coal project credit) or section 48B (relating to qualifying gasification project credit) after the date of the enactment of the Balancing Act . (g) Arbitrage bonds Section 148(b)(4) (relating to safe harbor for prepaid natural gas) shall not apply to obligations issued after the date of the enactment of the Balancing Act . . (b) Conforming amendment The table of sections for subchapter C of chapter 90 is amended by adding at the end the following new item: Sec. 7875. Termination of certain provisions. . 302. Termination of alternative fuel vehicle refueling property credit with respect to fossil fuels (a) In general Paragraph (2) of section 30C(c) of the Internal Revenue Code of 1986 is amended— (1) by striking , natural gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas, in subparagraph (A), (2) by striking subparagraph (B), and (3) by redesignating subparagraph (C) as subparagraph (B). (b) Technical amendment Paragraph (2) of section 30C(g) of the Internal Revenue Code of 1986 is amended by striking the second period. (c) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2012. 303. Uniform seven-year amortization for geological and geophysical expenditures (a) In general Section 167(h) of the Internal Revenue Code of 1986 is amended— (1) by striking 24-month period each place it appears in paragraphs (1) and (4) and inserting 7-year period , and (2) by striking paragraph (5). (b) Effective date The amendments made by this section shall apply to amounts paid or incurred after the date of the enactment of this Act. 304. Repeal of domestic manufacturing deduction for hard mineral mining (a) In general Subparagraph (B) of section 199(c)(4) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) the mining of any hard mineral. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 305. Limitation on deduction for income attributable to domestic production of oil, natural gas, or primary products thereof (a) Denial of deduction Paragraph (4) of section 199(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (E) Special rule for oil, natural gas, and coal income The term domestic production gross receipts shall not include gross receipts from the production, refining, processing, transportation, or distribution of oil, natural gas, or coal, or any primary product (within the meaning of subsection (d)(9)) thereof. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 306. Termination of last-in, first-out method of inventory for oil, natural gas, and coal companies (a) In general Section 472 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Termination for oil, natural gas, and coal companies Subsection (a) shall not apply to any taxpayer that is in the trade or business of the production, refining, processing, transportation, or distribution of oil, natural gas, or coal for any taxable year beginning after December 31, 2012. . (b) Additional termination Section 473 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Termination for oil, natural gas, and coal companies This section shall not apply to any taxpayer that is in the trade or business of the production, refining, processing, transportation, or distribution of oil, natural gas, or coal for any taxable year beginning after December 31, 2012. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 307. Repeal of percentage depletion for coal and hard mineral fossil fuels (a) In general Section 613 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Termination with respect to coal and hard mineral fossil fuels In the case of coal, lignite, and oil shale (other than oil shale described in subsection (b)(5)), the allowance for depletion shall be computed without reference to this section for any taxable year beginning after the date of the enactment of the Balancing Act . . (b) Conforming amendments (1) Coal and lignite Section 613(b)(4) of the Internal Revenue Code of 1986 is amended by striking coal, lignite, . (2) Oil shale Section 613(b)(2) of such Code is amended to read as follows: (2) 15 percent If, from deposits in the United States, gold, silver, copper, and iron ore. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 308. Termination of capital gains treatment for royalties from coal (a) In general Subsection (c) of section 631 of the Internal Revenue Code of 1986 is amended— (1) by striking coal (including lignite), or iron ore and inserting iron ore , (2) by striking coal or iron ore each place it appears and inserting iron ore , (3) by striking iron ore or coal each place it appears and inserting iron ore , and (4) by striking coal or in the heading. (b) Conforming amendment The heading of section 631 of the Internal Revenue Code of 1986 is amended by striking , coal, . (c) Effective date The amendments made by this section shall apply to dispositions after the date of the enactment of this Act. 309. Increase in oil spill liability trust fund financing rate (a) In general Subparagraph (B) of section 4611(c)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (B) the Oil Spill Liability Trust Fund financing rate is— (i) in the case of crude oil received or petroleum products entered before January 1, 2013, 8 cents a barrel, (ii) in the case of crude oil received or petroleum products entered after December 31, 2012, and before January 1, 2017, 9 cents a barrel, and (iii) in the case of crude oil received or petroleum products entered after December 31, 2016, 10 cents a barrel. . (b) Effective date The amendment made by this section shall apply to crude oil received and petroleum products entered after the date of the enactment of this Act. 310. Denial of deduction for removal costs and damages for certain oil spills (a) In general Part IX of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 280I. Expenses for removal costs and damages relating to certain oil spill liability No deduction shall be allowed under this chapter for any amount paid or incurred with respect to any costs or damages for which the taxpayer is liable under section 1002 of the Oil Pollution Act of 1990 (33 U.S.C. 2702). . (b) Clerical amendment The table of sections for part IX of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 280I. Expenses for removal costs and damages relating to certain oil spill liability. . (c) Effective date The amendments made by this section shall apply with respect to any liability arising in taxable years ending after the date of the enactment of this Act. 311. Tax on crude oil and natural gas produced from the outer Continental Shelf in the Gulf of Mexico (a) In general Subtitle E of the Internal Revenue Code of 1986 is amended by adding at the end the following new chapter: 56 Tax on severance of crude oil and natural gas from the outer Continental Shelf in the Gulf of Mexico Sec. 5896. Imposition of tax. Sec. 5897. Taxable crude oil or natural gas and removal price. Sec. 5898. Special rules and definitions. 5896. Imposition of tax (a) In general In addition to any other tax imposed under this title, there is hereby imposed a tax equal to 13 percent of the removal price of any taxable crude oil or natural gas removed from the premises during any taxable period. (b) Credit for Federal royalties paid (1) In general There shall be allowed as a credit against the tax imposed by subsection (a) with respect to the production of any taxable crude oil or natural gas an amount equal to the aggregate amount of royalties paid under Federal law with respect to such production. (2) Limitation The aggregate amount of credits allowed under paragraph (1) to any taxpayer for any taxable period shall not exceed the amount of tax imposed by subsection (a) for such taxable period. (c) Tax paid by producer The tax imposed by this section shall be paid by the producer of the taxable crude oil or natural gas. 5897. Taxable crude oil or natural gas and removal price (a) Taxable crude oil or natural gas For purposes of this chapter, the term taxable crude oil or natural gas means crude oil or natural gas which is produced from Federal submerged lands on the outer Continental Shelf in the Gulf of Mexico pursuant to a lease entered into with the United States which authorizes the production. (b) Removal price For purposes of this chapter— (1) In general Except as otherwise provided in this subsection, the term removal price means— (A) in the case of taxable crude oil, the amount for which a barrel of such crude oil is sold, and (B) in the case of taxable natural gas, the amount per 1,000 cubic feet for which such natural gas is sold. (2) Sales between related persons In the case of a sale between related persons, the removal price shall not be less than the constructive sales price for purposes of determining gross income from the property under section 613. (3) Oil or natural gas removed from property before sale If crude oil or natural gas is removed from the property before it is sold, the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. (4) Refining begun on property If the manufacture or conversion of crude oil into refined products begins before such oil is removed from the property— (A) such oil shall be treated as removed on the day such manufacture or conversion begins, and (B) the removal price shall be the constructive sales price for purposes of determining gross income from the property under section 613. (5) Property The term property has the meaning given such term by section 614. 5898. Special rules and definitions (a) Administrative requirements (1) Withholding and deposit of tax The Secretary shall provide for the withholding and deposit of the tax imposed under section 5896 on a quarterly basis. (2) Records and information Each taxpayer liable for tax under section 5896 shall keep such records, make such returns, and furnish such information (to the Secretary and to other persons having an interest in the taxable crude oil or natural gas) with respect to such oil as the Secretary may by regulations prescribe. (3) Taxable periods; return of tax (A) Taxable period Except as provided by the Secretary, each calendar year shall constitute a taxable period. (B) Returns The Secretary shall provide for the filing, and the time for filing, of the return of the tax imposed under section 5896. (b) Definitions For purposes of this chapter— (1) Producer The term producer means the holder of the economic interest with respect to the crude oil or natural gas. (2) Crude oil The term crude oil includes crude oil condensates and natural gasoline. (3) Premises and crude oil product The terms premises and crude oil product have the same meanings as when used for purposes of determining gross income from the property under section 613. (c) Adjustment of removal price In determining the removal price of oil or natural gas from a property in the case of any transaction, the Secretary may adjust the removal price to reflect clearly the fair market value of oil or natural gas removed. (d) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this chapter. . (b) Deductibility of tax The first sentence of section 164(a) is amended by inserting after paragraph (6) the following new paragraph: (7) The tax imposed by section 5896(a) (after application of section 5896(b)) on the severance of crude oil or natural gas from the outer Continental Shelf in the Gulf of Mexico. . (c) Clerical amendment The table of chapters for subtitle E is amended by adding at the end the following new item: Chapter 56. Tax on severance of crude oil and natural gas from the outer Continental Shelf in the Gulf of Mexico. . (d) Effective date The amendments made by this section shall apply to crude oil or natural gas removed after December 31, 2012. B Ending Excessive Corporate Tax Deductions for Stock Options 331. Consistent treatment of stock options by corporations (a) Consistent treatment for wage deduction (1) In general Section 83(h) is amended— (A) by striking In the case of and inserting: (1) In general In the case of , and (B) by adding at the end the following new paragraph: (2) Stock options In the case of property transferred to a person in connection with a stock option, any deduction related to such stock option shall be allowed only under section 162(q) and paragraph (1) shall not apply. . (2) Treatment of compensation paid with stock options Section 162 is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection: (q) Treatment of compensation paid with stock options (1) In general In the case of compensation for personal services that is paid with stock options, the deduction under subsection (a)(1) shall not exceed the amount the taxpayer has treated as compensation cost with respect to such stock options for the purpose of ascertaining income, profit, or loss in a report or statement to shareholders, partners, or other proprietors (or to beneficiaries), and shall be taken into account in the same period that such compensation cost is recognized for such purpose. (2) Special rules for controlled groups The Secretary may prescribe rules for the application of paragraph (1) in cases where the stock option is granted by— (A) a parent or subsidiary corporation (within the meaning of section 424) of the taxpayer, or (B) another corporation. . (b) Consistent treatment for research tax credit Section 41(b)(2)(D) is amended by inserting at the end the following new clause: (iv) Special rule for stock options The amount which may be treated as wages for any taxable year in connection with the issuance of a stock option shall not exceed the amount allowed for such taxable year as a compensation deduction under section 162(q) with respect to such stock option. . (c) Application of amendments The amendments made by this section shall apply to stock options exercised after the date of the enactment of this Act, except that— (1) such amendments shall not apply to stock options that were granted before such date and that vested in taxable periods beginning on or before June 15, 2005, (2) for stock options that were granted before such date of enactment and vested during taxable periods beginning after June 15, 2005, and ending before such date of enactment, a deduction under section 162(q) of the Internal Revenue Code of 1986 (as added by subsection (a)(2)) shall be allowed in the first taxable period of the taxpayer that ends after such date of enactment, (3) for public entities reporting as small business issuers and for non-public entities required to file public reports of financial condition, paragraphs (1) and (2) shall be applied by substituting December 15, 2005 for June 15, 2005 , and (4) no deduction shall be allowed under section 83(h) or section 162(q) of such Code with respect to any stock option the vesting date of which is changed to accelerate the time at which the option may be exercised in order to avoid the applicability of such amendments. 332. Application of executive pay deduction limit (a) In general Subparagraph (D) of section 162(m)(4) of the Internal Revenue Code of 1986 is amended to read as follows: (D) Stock option compensation The term applicable employee remuneration shall include any compensation deducted under subsection (q), and such compensation shall not qualify as performance-based compensation under subparagraph (C). . (b) Effective date The amendment made by this section shall apply to stock options exercised or granted after the date of the enactment of this Act. C Reduce Deduction of Corporate Meals and Entertainment 341. Reduction in business meals and entertainment tax deduction (a) In general Section 274(n)(1) of the Internal Revenue Code of 1986 (relating to only 50 percent of meal and entertainment expenses allowed as deduction) is amended by striking 50 percent and inserting 25 percent . (b) Conforming amendment Section 274(n) of the Internal Revenue Code of 1986 is amended by striking paragraph (3). (c) Clerical amendment The heading for section 274(n) of the Internal Revenue Code of 1986 is amended by striking Only 50 Percent and inserting Only 25 Percent . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. IV Close International Tax System Loopholes A Reformation of U.S. international tax system 401. Allocation of expenses and taxes on basis of repatriation of foreign income (a) In general Part III of subchapter N of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after subpart G the following new subpart: H Special Rules for Allocation of Foreign-Related Deductions and Foreign Tax Credits Sec. 975. Deductions allocated to deferred foreign income may not offset United States source income. Sec. 976. Amount of foreign taxes computed on overall basis. Sec. 977. Application of subpart. 975. Deductions allocated to deferred foreign income may not offset United States source income (a) Current year deductions For purposes of this chapter, foreign-related deductions for any taxable year— (1) shall be taken into account for such taxable year only to the extent that such deductions are allocable to currently-taxed foreign income, and (2) to the extent not so allowed, shall be taken into account in subsequent taxable years as provided in subsection (b). Foreign-related deductions shall be allocated to currently taxed foreign income in the same proportion which currently taxed foreign income bears to the sum of currently taxed foreign income and deferred foreign income. (b) Deductions related to repatriated deferred foreign income (1) In general If there is repatriated foreign income for a taxable year, the portion of the previously deferred deductions allocated to the repatriated foreign income shall be taken into account for the taxable year as a deduction allocated to income from sources outside the United States. Any such amount shall not be included in foreign-related deductions for purposes of applying subsection (a) to such taxable year. (2) Portion of previously deferred deductions For purposes of paragraph (1), the portion of the previously deferred deductions allocated to repatriated foreign income is— (A) the amount which bears the same proportion to such deductions, as (B) the repatriated income bears to the previously deferred foreign income. (c) Definitions and special rule For purposes of this section— (1) Foreign-related deductions The term foreign-related deductions means the total amount of deductions and expenses which would be allocated or apportioned to gross income from sources without the United States for the taxable year if both the currently-taxed foreign income and deferred foreign income were taken into account. (2) Currently-taxed foreign income The term currently-taxed foreign income means the amount of gross income from sources without the United States for the taxable year (determined without regard to repatriated foreign income for such year). (3) Deferred foreign income The term deferred foreign income means the excess of— (A) the amount that would be includible in gross income under subpart F of this part for the taxable year if— (i) all controlled foreign corporations were treated as one controlled foreign corporation, and (ii) all earnings and profits of all controlled foreign corporations were subpart F income (as defined in section 952), over (B) the sum of— (i) all dividends received during the taxable year from controlled foreign corporations, plus (ii) amounts includible in gross income under section 951(a). (4) Previously deferred foreign income The term previously deferred foreign income means the aggregate amount of deferred foreign income for all prior taxable years to which this part applies, determined as of the beginning of the taxable year, reduced by the repatriated foreign income for all such prior taxable years. (5) Repatriated foreign income The term repatriated foreign income means the amount included in gross income on account of distributions out of previously deferred foreign income. (6) Previously deferred deductions The term previously deferred deductions means the aggregate amount of foreign-related deductions not taken into account under subsection (a) for all prior taxable years (determined as of the beginning of the taxable year), reduced by any amounts taken into account under subsection (b) for such prior taxable years. (7) Treatment of certain foreign taxes (A) Paid by controlled foreign corporation Section 78 shall not apply for purposes of determining currently-taxed foreign income and deferred foreign income. (B) Paid by taxpayer For purposes of determining currently-taxed foreign income, gross income from sources without the United States shall be reduced by the aggregate amount of taxes described in the applicable paragraph of section 901(b) which are paid by the taxpayer (without regard to sections 902 and 960) during the taxable year. (8) Coordination with section 976 In determining currently-taxed foreign income and deferred foreign income, the amount of deemed foreign tax credits shall be determined with regard to section 976. 976. Amount of foreign taxes computed on overall basis (a) Current year allowance For purposes of this chapter, the amount taken into account as foreign income taxes for any taxable year shall be an amount which bears the same ratio to the total foreign income taxes for that taxable year as— (1) the currently-taxed foreign income for such taxable year, bears to (2) the sum of the currently-taxed foreign income and deferred foreign income for such year. The portion of the total foreign income taxes for any taxable year not taken into account under the preceding sentence for a taxable year shall only be taken into account as provided in subsection (b) (and shall not be taken into account for purposes of applying sections 902 and 960). (b) Allowance related to repatriated deferred foreign income (1) In general If there is repatriated foreign income for any taxable year, the portion of the previously deferred foreign income taxes paid or accrued during such taxable year shall be taken into account for the taxable year as foreign taxes paid or accrued. Any such taxes so taken into account shall not be included in foreign income taxes for purposes of applying subsection (a) to such taxable year. (2) Portion of previously deferred foreign income taxes For purposes of paragraph (1), the portion of the previously deferred foreign income taxes allocated to repatriated deferred foreign income is— (A) the amount which bears the same proportion to such taxes, as (B) the repatriated deferred income bears to the previously deferred foreign income. (c) Definitions and special rule For purposes of this section— (1) Previously deferred foreign income taxes The term previously deferred foreign income taxes means the aggregate amount of total foreign income taxes not taken into account under subsection (a) for all prior taxable years (determined as of the beginning of the taxable year), reduced by any amounts taken into account under subsection (b) for such prior taxable years. (2) Total foreign income taxes The term total foreign income taxes means the sum of foreign income taxes paid or accrued during the taxable year (determined without regard to section 904(c)) plus the increase in foreign income taxes that would be paid or accrued during the taxable year under sections 902 and 960 if— (A) all controlled foreign corporations were treated as one controlled foreign corporation, and (B) all earnings and profits of all controlled foreign corporations were subpart F income (as defined in section 952). (3) Foreign income taxes The term foreign income taxes means any income, war profits, or excess profits taxes paid by the taxpayer to any foreign country or possession of the United States. (4) Currently-taxed foreign income and deferred foreign income The terms currently-taxed foreign income and deferred foreign income have the meanings given such terms by section 975(c)). 977. Application of subpart This subpart— (1) shall be applied before subpart A, and (2) shall be applied separately with respect to the categories of income specified in section 904(d)(1). . (b) Clerical amendment The table of subparts for part III of subpart N of chapter 1 of such Code is amended by inserting after the item relating to subpart G the following new item: Subpart H. Special Rules for Allocation of Foreign-Related Deductions and Foreign Tax Credits. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 402. Excess income from transfers of intangibles to low-taxed affiliates treated as subpart F income (a) In general Subsection (a) of section 954 of such Code is amended by inserting after paragraph (3) the following new paragraph: (4) the foreign base company excess intangible income for the taxable year (determined under subsection (f) and reduced as provided in subsection (b)(5)), and . (b) Foreign base company excess intangible income Section 954 of such Code is amended by inserting after subsection (e) the following new subsection: (f) Foreign base company excess intangible income For purposes of subsection (a)(4) and this subsection: (1) Foreign base company excess intangible income defined (A) In general The term foreign base company excess intangible income means, with respect to any covered intangible, the excess of— (i) the sum of— (I) gross income from the sale, lease, license, or other disposition of property in which such covered intangible is used directly or indirectly, and (II) gross income from the provision of services related to such covered intangible or in connection with property in which such covered intangible is used directly or indirectly, over (ii) 150 percent of the costs properly allocated and apportioned to the gross income taken into account under clause (i) other than expenses for interest and taxes and any expenses which are not directly allocable to such gross income. (B) Same country income not taken into account If— (i) the sale, lease, license, or other disposition of the property referred to in subparagraph (A)(i)(I) is for use, consumption, or disposition in the country under the laws of which the controlled foreign corporation is created or organized, or (ii) the services referred to in subparagraph (A)(i)(II) are performed in such country, the gross income from such sale, lease, license, or other disposition, or provision of services, shall not be taken into account under subparagraph (A)(i). (2) Exception based on effective foreign income tax rate (A) In general Foreign base company excess intangible income shall not include the applicable percentage of any item of income received by a controlled foreign corporation if the taxpayer establishes to the satisfaction of the Secretary that such income was subject to an effective rate of income tax imposed by a foreign country in excess of 5 percent. (B) Applicable percentage For purposes of subparagraph (A), the term applicable percentage means the ratio (expressed as a percentage), not greater than 100 percent, of— (i) the number of percentage points by which the effective rate of income tax referred to in subparagraph (A) exceeds 5 percentage points, over (ii) 10 percentage points. (C) Treatment of losses in determining effective rate of foreign income tax For purposes of determining the effective rate of income tax imposed by any foreign country— (i) such effective rate shall be determined without regard to any losses carried to the relevant taxable year, and (ii) to the extent the income with respect to such intangible reduces losses in the relevant taxable year, such effective rate shall be treated as being the effective rate which would have been imposed on such income without regard to such losses. (3) Covered intangible The term covered intangible means, with respect to any controlled foreign corporation, any intangible property (as defined in section 936(h)(3)(B))— (A) which is sold, leased, licensed, or otherwise transferred (directly or indirectly) to such controlled foreign corporation from a related person, or (B) with respect to which such controlled foreign corporation and one or more related persons has (directly or indirectly) entered into any shared risk or development agreement (including any cost sharing agreement). (4) Related person The term related person has the meaning given such term in subsection (d)(3). . (c) Separate basket for foreign tax credit Subsection (d) of section 904 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: (6) Separate application to foreign base company excess intangible income (A) In general Subsections (a), (b), and (c) of this section and sections 902, 907, and 960 shall be applied separately with respect to each item of income which is taken into account under section 954(a)(4) as foreign base company excess intangible income. (B) Regulations The Secretary may issue such regulations or other guidance as is necessary or appropriate to carry out the purposes of this subsection, including regulations or other guidance which provides that related items of income may be aggregated for purposes of this paragraph. . (d) Conforming amendments (1) Paragraph (4) of section 954(b) of such Code is amended by inserting foreign base company excess intangible income described in subsection (a)(4) or before foreign base company oil-related income in the last sentence thereof. (2) Subsection (b) of section 954 of such Code is amended by adding at the end the following new paragraph: (7) Foreign base company excess intangible income not treated as another kind of base company income Income of a corporation which is foreign base company excess intangible income shall not be considered foreign base company income of such corporation under paragraph (2), (3), or (5) of subsection (a). . (e) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 403. Limitations on income shifting through intangible property transfers (a) Clarification of definition of intangible asset Clause (vi) of section 936(h)(3)(B) of such Code is amended by inserting (including any section 197 intangible described in subparagraph (A), (B), or (C)(i) of subsection (d)(1) of such section) after item . (b) Clarification of allowable valuation methods (1) Foreign corporations Paragraph (2) of section 367(d) of such Code is amended by adding at the end the following new subparagraph: (D) Regulatory authority For purposes of the last sentence of subparagraph (A), the Secretary may require— (i) the valuation of transfers of intangible property on an aggregate basis, or (ii) the valuation of such a transfer on the basis of the realistic alternatives to such a transfer, in any case in which the Secretary determines that such basis is the most reliable means of valuation of such transfers. . (2) Allocation among taxpayers Section 482 of such Code is amended by adding at the end the following: For purposes of the preceding sentence, the Secretary may require the valuation of transfers of intangible property on an aggregate basis or the valuation of such a transfer on the basis of the realistic alternatives to such a transfer, in any case in which the Secretary determines that such basis is the most reliable means of valuation of such transfers. . (c) Effective date (1) In general The amendments made by this section shall apply to transfers in taxable years beginning after the date of the enactment of this Act. (2) No inference Nothing in the amendment made by subsection (a) shall be construed to create any inference with respect to the application of section 936(h)(3) of the Internal Revenue Code of 1986, or the authority of the Secretary of the Treasury to provide regulations for such application, on or before the date of the enactment of such amendment. 404. Limitation on earnings stripping by expatriated entities (a) In general Subsection (j) of section 163 of such Code is amended— (1) by redesignating paragraph (9) as paragraph (10), and (2) by inserting after paragraph (8) the following new paragraph: (9) Special rules for expatriated entities (A) In general In the case of a corporation to which this subsection applies which is an expatriated entity, this subsection shall apply to such corporation with the following modifications: (i) Paragraph (2)(A) shall be applied without regard to clause (ii) thereof. (ii) Paragraph (1)(B) shall be applied— (I) without regard to the parenthetical, and (II) by substituting in the 1st succeeding taxable year and in the 2nd through 10th succeeding taxable years to the extent not previously taken into account under this subparagraph for in the succeeding taxable year . (iii) Paragraph (2)(B) shall be applied— (I) without regard to clauses (ii) and (iii), and (II) by substituting 25 percent of the adjusted taxable income of the corporation for such taxable year for the matter of clause (i)(II) thereof. (B) Expatriated entity For purposes of this paragraph— (i) In general With respect to a corporation and a taxable year, the term expatriated entity has the meaning given such term by section 7874(a)(2), determined as if such section and the regulations under such section as in effect on the first day of such taxable year applied to all taxable years of the corporation beginning after July 10, 1989. (ii) Exception for surrogates treated as a domestic corporation The term expatriated entity does not include a surrogate foreign corporation which is treated as a domestic corporation by reason of section 7874(b). . (b) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 405. Prevention of avoidance of tax through reinsurance with non-taxed affiliates (a) In general Part III of subchapter L of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 849. Special rules for reinsurance of non-life contracts with non-taxed affiliates (a) In general The taxable income under section 831(a) or the life insurance company taxable income under section 801(b) (as the case may be) of an insurance company shall be determined by not taking into account— (1) any non-taxed reinsurance premium, (2) any additional amount paid by such insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid, to the extent such additional amount is properly allocable to such non-taxed reinsurance premium, and (3) any return premium, ceding commission, reinsurance recovered, or other amount received by such insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid, to the extent such return premium, ceding commission, reinsurance recovered, or other amount is properly allocable to such non-taxed reinsurance premium. (b) Non-Taxed reinsurance premiums For purposes of this section— (1) In general The term non-taxed reinsurance premium means any reinsurance premium paid directly or indirectly to an affiliated corporation with respect to reinsurance of risks (other than excepted risks), to the extent that the income attributable to the premium is not subject to tax under this subtitle (either as the income of the affiliated corporation or as amounts included in gross income by a United States shareholder under section 951). (2) Excepted risks The term excepted risks means any risk with respect to which reserves described in section 816(b)(1) are established. (c) Affiliated corporations For purposes of this section, a corporation shall be treated as affiliated with an insurance company if both corporations would be members of the same controlled group of corporations (as defined in section 1563(a)) if section 1563 were applied— (1) by substituting at least 50 percent for at least 80 percent each place it appears in subsection (a)(1), and (2) without regard to subsections (a)(4), (b)(2)(C), (b)(2)(D), and (e)(3)(C). (d) Election To treat reinsurance income as effectively connected (1) In general A specified affiliated corporation may elect for any taxable year to treat specified reinsurance income as— (A) income effectively connected with the conduct of a trade or business in the United States, and (B) for purposes of any treaty between the United States and any foreign country, income attributable to a permanent establishment in the United States. (2) Effect of election In the case of any specified reinsurance income with respect to which the election under this subsection applies— (A) Deduction allowed for reinsurance premiums For exemption from subsection (a), see definition of non-taxed reinsurance premiums in subsection (b). (B) Exception from excise tax The tax imposed by section 4371 shall not apply with respect to any income treated as effectively connected with the conduct of a trade or business in the United States under paragraph (1). (C) Taxation under this subchapter Such income shall be subject to tax under this subchapter to the same extent and in the same manner as if such income were the income of a domestic insurance company. (D) Coordination with foreign tax credit provisions For purposes of subpart A of part III of subchapter N and sections 78 and 960— (i) such specified reinsurance income shall be treated as derived from sources without the United States, and (ii) subsections (a), (b), and (c) of section 904 and sections 902, 907, and 960 shall be applied separately with respect to each item of such income. The Secretary may issue regulations or other guidance which provide that related items of specified reinsurance income may be aggregated for purposes of applying clause (ii). (3) Specified affiliated corporation For purposes of this subsection, the term specified affiliated corporation means any affiliated corporation which is a foreign corporation and which meets such requirements as the Secretary shall prescribe to ensure that tax on the specified reinsurance income of such corporation is properly determined and paid. (4) Specified reinsurance income For purposes of this paragraph, the term specified reinsurance income means all income of a specified affiliated corporation which is attributable to reinsurance with respect to which subsection (a) would (but for the election under this subsection) apply. (5) Rules related to election Any election under paragraph (1) shall— (A) be made at such time and in such form and manner as the Secretary may provide, and (B) apply for the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. (e) Regulations The Secretary shall prescribe such regulations or other guidance as may be appropriate to carry out, or to prevent the avoidance of the purposes of, this section, including regulations or other guidance which provide for the application of this section to alternative reinsurance transactions, fronting transactions, conduit and reciprocal transactions, and any economically equivalent transactions. . (b) Clerical amendment The table of sections for part III of subchapter L of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 849. Special rules for reinsurance of non-life contracts with non-taxed affiliates. . (c) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. B Reinsurance 411. Prevention of avoidance of tax through reinsurance with non-taxed affiliates (a) In general Part III of subchapter L of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 849. Special rules for reinsurance of non-life contracts with non-taxed affiliates (a) In general The taxable income under section 831(a) or the life insurance company taxable income under section 801(b) (as the case may be) of an insurance company shall be determined by not taking into account— (1) any non-taxed reinsurance premium, (2) any additional amount paid by such insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid, to the extent such additional amount is properly allocable to such non-taxed reinsurance premium, and (3) any return premium, ceding commission, reinsurance recovered, or other amount received by such insurance company with respect to the reinsurance for which such non-taxed reinsurance premium is paid, to the extent such return premium, ceding commission, reinsurance recovered, or other amount is properly allocable to such non-taxed reinsurance premium. (b) Non-Taxed reinsurance premiums For purposes of this section— (1) In general The term non-taxed reinsurance premium means any reinsurance premium paid directly or indirectly to an affiliated corporation with respect to reinsurance of risks (other than excepted risks), to the extent that the income attributable to the premium is not subject to tax under this subtitle (either as the income of the affiliated corporation or as amounts included in gross income by a United States shareholder under section 951). (2) Excepted risks The term excepted risks means any risk with respect to which reserves described in section 816(b)(1) are established. (c) Affiliated corporations For purposes of this section, a corporation shall be treated as affiliated with an insurance company if both corporations would be members of the same controlled group of corporations (as defined in section 1563(a)) if section 1563 were applied— (1) by substituting at least 50 percent for at least 80 percent each place it appears in subsection (a)(1), and (2) without regard to subsections (a)(4), (b)(2)(C), (b)(2)(D), and (e)(3)(C). (d) Election To treat reinsurance income as effectively connected (1) In general A specified affiliated corporation may elect for any taxable year to treat specified reinsurance income as— (A) income effectively connected with the conduct of a trade or business in the United States, and (B) for purposes of any treaty between the United States and any foreign country, income attributable to a permanent establishment in the United States. (2) Effect of election In the case of any specified reinsurance income with respect to which the election under this subsection applies— (A) Deduction allowed for reinsurance premiums For exemption from subsection (a), see definition of non-taxed reinsurance premiums in subsection (b). (B) Exception from excise tax The tax imposed by section 4371 shall not apply with respect to any income treated as effectively connected with the conduct of a trade or business in the United States under paragraph (1). (C) Taxation under this subchapter Such income shall be subject to tax under this subchapter to the same extent and in the same manner as if such income were the income of a domestic insurance company. (D) Coordination with foreign tax credit provisions For purposes of subpart A of part III of subchapter N and sections 78 and 960— (i) such specified reinsurance income shall be treated as derived from sources without the United States, and (ii) subsections (a), (b), and (c) of section 904 and sections 902, 907, and 960 shall be applied separately with respect to each item of such income. The Secretary may issue regulations or other guidance which provide that related items of specified reinsurance income may be aggregated for purposes of applying clause (ii). (3) Specified affiliated corporation For purposes of this subsection, the term specified affiliated corporation means any affiliated corporation which is a foreign corporation and which meets such requirements as the Secretary shall prescribe to ensure that tax on the specified reinsurance income of such corporation is properly determined and paid. (4) Specified reinsurance income For purposes of this paragraph, the term specified reinsurance income means all income of a specified affiliated corporation which is attributable to reinsurance with respect to which subsection (a) would (but for the election under this subsection) apply. (5) Rules related to election Any election under paragraph (1) shall— (A) be made at such time and in such form and manner as the Secretary may provide, and (B) apply for the taxable year for which made and all subsequent taxable years unless revoked with the consent of the Secretary. (e) Regulations The Secretary shall prescribe such regulations or other guidance as may be appropriate to carry out, or to prevent the avoidance of the purposes of, this section, including regulations or other guidance which provide for the application of this section to alternative reinsurance transactions, fronting transactions, conduit and reciprocal transactions, and any economically equivalent transactions. . (b) Clerical amendment The table of sections for part III of subchapter L of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 849. Special rules for reinsurance of non-life contracts with non-taxed affiliates. . (c) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. C Close loophole for corporate jet depreciation 421. General aviation aircraft treated as 7-year property (a) In general Subparagraph (C) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of certain property) is amended by striking and at the end of clause (iv), by redesignating clause (v) as clause (vi), and by inserting after clause (iv) the following new clause: (v) any general aviation aircraft, and . (b) Class life Paragraph (3) of section 168(g) Internal Revenue Code of 1986 is amended by inserting after subparagraph (E) the following new subparagraph: (F) General aviation aircraft. In the case of any general aviation aircraft, the recovery period used for purposes of paragraph (2) shall be 12 years. . (c) General aviation aircraft Subsection (i) of section 168 Internal Revenue Code of 1986 is amended by inserting after paragraph (19) the following new paragraph: (20) General aviation aircraft The term general aviation aircraft means any airplane or helicopter (including airframes and engines) not used in commercial or contract carrying of passengers or freight, but which primarily engages in the carrying of passengers. . (d) Effective date This section shall be effective for property placed in service after December 31, 2012. V Close Estate Tax Loopholes 501. Valuation rules for certain transfers of nonbusiness assets; limitation on minority discounts (a) In general Section 2031 of the Internal Revenue Code of 1986 is amended by redesignating subsection (d) as subsection (f) and by inserting after subsection (c) the following new subsections: (d) Valuation rules for certain transfers of nonbusiness assets For purposes of this chapter and chapter 12— (1) In general In the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092)— (A) the value of any nonbusiness assets held by the entity shall be determined as if the transferor had transferred such assets directly to the transferee (and no valuation discount shall be allowed with respect to such nonbusiness assets), and (B) the nonbusiness assets shall not be taken into account in determining the value of the interest in the entity. (2) Nonbusiness assets For purposes of this subsection— (A) In general The term nonbusiness asset means any asset which is not used in the active conduct of 1 or more trades or businesses. (B) Exception for certain passive assets Except as provided in subparagraph (C), a passive asset shall not be treated for purposes of subparagraph (A) as used in the active conduct of a trade or business unless— (i) the asset is property described in paragraph (1) or (4) of section 1221(a) or is a hedge with respect to such property, or (ii) the asset is real property used in the active conduct of 1 or more real property trades or businesses (within the meaning of section 469(c)(7)(C)) in which the transferor materially participates and with respect to which the transferor meets the requirements of section 469(c)(7)(B)(ii). For purposes of clause (ii), material participation shall be determined under the rules of section 469(h), except that section 469(h)(3) shall be applied without regard to the limitation to farming activity. (C) Exception for working capital Any asset (including a passive asset) which is held as a part of the reasonably required working capital needs of a trade or business shall be treated as used in the active conduct of a trade or business. (3) Passive asset For purposes of this subsection, the term passive asset means any— (A) cash or cash equivalents, (B) except to the extent provided by the Secretary, stock in a corporation or any other equity, profits, or capital interest in any entity, (C) evidence of indebtedness, option, forward or futures contract, notional principal contract, or derivative, (D) asset described in clause (iii), (iv), or (v) of section 351(e)(1)(B), (E) annuity, (F) real property used in 1 or more real property trades or businesses (as defined in section 469(c)(7)(C)), (G) asset (other than a patent, trademark, or copyright) which produces royalty income, (H) commodity, (I) collectible (within the meaning of section 401(m)), or (J) any other asset specified in regulations prescribed by the Secretary. (4) Look-thru rules (A) In general If a nonbusiness asset of an entity consists of a 10-percent interest in any other entity, this subsection shall be applied by disregarding the 10-percent interest and by treating the entity as holding directly its ratable share of the assets of the other entity. This subparagraph shall be applied successively to any 10-percent interest of such other entity in any other entity. (B) 10-percent interest The term 10-percent interest means— (i) in the case of an interest in a corporation, ownership of at least 10 percent (by vote or value) of the stock in such corporation, (ii) in the case of an interest in a partnership, ownership of at least 10 percent of the capital or profits interest in the partnership, and (iii) in any other case, ownership of at least 10 percent of the beneficial interests in the entity. (C) Exception for actively traded interests Subparagraph (A) shall not apply to any nonbusiness asset which consists of an interest which is actively traded (within the meaning of section 1092). (5) Coordination with subsection (b) Subsection (b) shall apply after the application of this subsection. (e) Limitation on minority discounts For purposes of this chapter and chapter 12, in the case of the transfer of any interest in an entity other than an interest which is actively traded (within the meaning of section 1092), no discount shall be allowed by reason of the fact that the transferee does not have control of such entity if the transferee and members of the family (as defined in section 2032A(e)(2)) of the transferee have control of such entity (determined immediately after such transfer). . (b) Effective date The amendments made by this section shall apply to transfers after the date of the enactment of this Act. 502. Consistent basis reporting between estate and person acquiring property from decedent (a) Consistent use of basis (1) Property acquired from a decedent Section 1014 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Basis must be consistent with estate tax return (1) In general For purposes of this section, the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the value of such interest as finally determined for purposes of chapter 11. (2) Special rule where no final determination In any case in which the final value of property has not been determined under chapter 11 and there has been a statement furnished under section 6035(a), the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the amount reported on any statement furnished under section 6035(a). (3) Regulations The Secretary may by regulations provide exceptions to the application of this subsection. . (2) Property acquired by gifts and transfers in trust Section 1015 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Basis must be consistent gift tax return (1) In general For purposes of this section, the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the value of such interest as finally determined for purposes of chapter 12. (2) Special rule where no final determination In any case in which the final value of property has not been determined under chapter 12 and there has been a statement furnished under section 6035(b), the value used to determine the basis of any interest in property in the hands of the person acquiring such property shall not exceed the amount reported on any statement furnished under section 6035(b). (3) Regulations The Secretary may by regulations provide exceptions to the application of this subsection. . (b) Information reporting (1) In general Subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6034A the following new section: 6035. Basis information to persons acquiring property from decedent or by gift (a) Information with respect to property acquired from decedents (1) In general The executor of any estate required to file a return under section 6018(a) shall furnish to the Secretary and to each person acquiring any interest in property included in the decedent's gross estate for Federal estate tax purposes a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe. (2) Statements by beneficiaries Each person required to file a return under section 6018(b) shall furnish to the Secretary and to each other person who holds a legal or beneficial interest in the property to which such return relates a statement identifying the information described in paragraph (1). (3) Time for furnishing statement (A) In general Each statement required to be furnished under paragraph (1) or (2) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of— (i) the date which is 30 days after the date on which the return under section 6018 was required to be filed (including extensions, if any), or (ii) the date which is 30 days after the date such return is filed. (B) Adjustments In any case in which there is an adjustment to the information required to be included on a statement filed under paragraph (1) or (2) after such statement has been filed, a supplemental statement under such paragraph shall be filed not later than the date which is 30 days after such adjustment is made. (b) Information with respect to property acquired by gift (1) In general Each person making a transfer by gift who is required to file a return under section 6019 with respect to such transfer shall furnish to the Secretary and to each person acquiring any interest in property by reason of such transfer a statement identifying the value of each interest in such property as reported on such return and such other information with respect to such interest as the Secretary may prescribe. (2) Time for furnishing statement (A) In general Each statement required to be furnished under paragraph (1) shall be furnished at such time as the Secretary may prescribe, but in no case at a time later than the earlier of— (i) the date which is 30 days after the date on which the return under section 6019 was required to be filed (including extensions, if any), or (ii) the date which is 30 days after the date such return is filed. (B) Adjustments In any case in which there is an adjustment to the information required to be included on a statement filed under paragraph (1) after such statement has been filed, a supplemental statement under such paragraph shall be filed not later than the date which is 30 days after such adjustment is made. (c) Regulations The Secretary shall prescribe such regulations as necessary to carry out this section, including regulations relating to— (1) the application of this section to property with regard to which no estate or gift tax return is required to be filed, and (2) situations in which the surviving joint tenant or other recipient may have better information than the executor regarding the basis or fair market value of the property. . (2) Penalty for failure to file (A) Return Section 6724(d)(1) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , and , and by adding at the end the following new subparagraph: (D) any statement required to be filed with the Secretary under section 6035. . (B) Statement Section 6724(d)(2) of such Code is amended by striking or at the end of subparagraph (GG), by striking the period at the end of subparagraph (HH) and inserting , or , and by adding at the end the following new subparagraph: (II) section 6035 (other than a statement described in paragraph (1)(D)). . (3) Clerical amendment The table of sections for subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6034A the following new item: Sec. 6035. Basis information to persons acquiring property from decedent or by gift. . (c) Penalty for inconsistent reporting (1) In general Subsection (b) of section 6662 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (7) the following new paragraph: (8) Any inconsistent estate or gift basis. . (2) Inconsistent basis reporting Section 6662 of such Code is amended by adding at the end the following new subsection: (k) Inconsistent estate or gift basis reporting For purposes of this section, the term inconsistent estate or gift basis means the portion of the understatement which is attributable to— (1) in the case of property acquired from a decedent, a basis determination with respect to such property which is not consistent with the value of such property as determined under section 1014(f), and (2) in the case of property acquired by gift, a basis determination with respect to such property which is not consistent with the value of such property as determined under section 1015(f). . (d) Effective date The amendments made by this section shall apply to transfers for which returns are filed after the date of the enactment of this Act. 503. Required minimum 10-year term, etc., for grantor retained annuity trusts (a) In general Subsection (b) of section 2702 of the Internal Revenue Code of 1986 is amended— (1) by redesignating paragraphs (1), (2) and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right; (2) by striking For purposes of and inserting the following: (1) In general For purposes of ; (3) by striking paragraph (1) or (2) in paragraph (1)(C) (as so redesignated) and inserting subparagraph (A) or (B) ; and (4) by adding at the end the following new paragraph: (2) Additional requirements with respect to grantor retained annuities For purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if— (A) the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 10 years, (B) such fixed amounts, when determined on an annual basis, do not decrease relative to any prior year during the first 10 years of the term referred to in subparagraph (A), and (C) the remainder interest has a value greater than zero determined as of the time of the transfer. . (b) Effective date The amendments made by this section shall apply to transfers made after the date of the enactment of this Act. 504. Limitation on GST exemption of perpetual dynasty trusts (a) In general Section 2642 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Expiration of GST exemption 90 years after establishment of trust (1) In general In the case of any generation-skipping transfer made from a trust after the date which is 90 years after the date on which such trust is created, the inclusion ratio with respect to any property transferred in such transfer shall be 1. (2) Special rules For purposes of this subsection— (A) Date of creation of certain deemed separate trusts In the case of any portion of a trust which is treated as a separate trust under section 2654(b)(1), such separate trust shall be treated as created on the date of the first transfer described in such section with respect to such separate trust. (B) Date of creation of pour-over trusts In the case of any generation-skipping transfer of property which involves the transfer of property from 1 trust to another trust, the date of the creation of the transferee trust shall be treated as being the earlier of— (i) the date of the creation of such transferee trust, or (ii) the date of the creation of the transferor trust. In the case of multiple transfers to which the preceding sentence applies, the date of the creation of the transferor trust shall be determined under the preceding sentence before the application of the preceding sentence to determine the date of the creation of the transferee trust. (C) Exception for certain transfers for education and medical expenses Subparagraph (B) shall not apply to the transfer of property from 1 trust to another trust if— (i) such transfer is described in section 2642(c)(2), and (ii) the individual referred to in such section with respect to the transferee trust was also a beneficiary of the transferor trust. (3) Regulations The Secretary may prescribe such regulations or other guidance as may be necessary or appropriate to carry out this subsection. . (b) Effective date (1) In general The amendments made this section shall apply to— (A) trusts created after the date of the enactment of this Act, and (B) generation-skipping transfers made from trusts created on or before such date, but only to the extent such transfer is made out of corpus added to the trust after such date (or out of income attributable to corpus so added). (2) Determination of date of creation For purposes of this subsection, the rules of sections 2642(h)(2) (as added by this section) and 2654(b) of the Internal Revenue Code of 1986 shall apply for purposes of determining the date of the creation of any trust. (3) Exceptions The Secretary of the Treasury, or his designee, shall issue regulations or other guidance which provide exceptions to the application of the amendments made by this section which are substantially similar to the relevant exceptions under paragraph (2) of section 1433(b) of the Tax Reform Act of 1986. VI Cut Pentagon Waste to Achieve Balance A Smarter Approach to nuclear Expenditures 601. Short title This title may be cited as the Smarter Approach to Nuclear Expenditures Act . 602. Findings Congress finds the following: (1) The Berlin Wall fell in 1989, the U.S.S.R. no longer exists, and the Cold War is over. The nature of threats to the national security and military interests of the United States has changed. However, the United States continues to maintain an enormous arsenal of nuclear weapons and delivery systems that were devised with the Cold War in mind. (2) The current nuclear arsenal of the United States includes approximately 5,000 total nuclear warheads, of which approximately 2,000 are deployed with three delivery components: long-range strategic bomber aircraft, land-based intercontinental ballistic missiles, and submarine-launched ballistic missiles. The bomber fleet of the United States comprises 93 B–52 and 20 B–2 aircraft. The United States maintains 450 intercontinental ballistic missiles. The United States also maintains 14 Ohio-class submarines, up to 12 of which are deployed at sea. Each of these submarines is armed with up to 96 independently targetable nuclear warheads. (3) This Cold War-based approach to nuclear security comes at significant cost. Over the next 10 years, the United States will spend hundreds of billions of dollars maintaining its nuclear force. A substantial decrease in the nuclear arsenal of the United States is prudent for both the budget and national security. (4) The national security interests of the United States can be well served by reducing the total number of deployed nuclear warheads and their delivery systems, as suggested by the Department of Defense’s January 2012 strategic guidance titled Sustaining U.S. Global Leadership: Priorities for 21st Century Defense . Furthermore, a number of arms control, nuclear, and national security experts have urged the United States to reduce the number of deployed nuclear warheads to no more than 1,000. (5) Economic security and national security are linked and both will be well served by smart defense spending. Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on June 24, 2010, that Our national debt is our biggest national security threat and on August 2, 2011, stated that I haven’t changed my view that the continually increasing debt is the biggest threat we have to our national security. . (6) The Government Accountability Office has found that there is significant waste in the construction of the nuclear facilities of the National Nuclear Security Administration of the Department of Energy. 603. Reduction in nuclear forces (a) Prohibition on use of B–2 and B–52 aircraft for nuclear missions Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to arm a B–2 or B–52 aircraft with a nuclear weapon. (b) Prohibition on new long-Range penetrating bomber aircraft Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2024 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a long-range penetrating bomber aircraft. (c) Prohibition on F–35 nuclear mission Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be used to make the F–35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (d) Termination of B61 LEP Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the B61 life extension program. (e) Termination of W78 LEP Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the W78 life extension program. (f) Reduction of nuclear-Armed submarines Notwithstanding any other provision of law, beginning in fiscal year 2014, the forces of the Navy shall include not more than eight operational ballistic-missile submarines available for deployment. (g) Limitation on SSBN–X submarines Notwithstanding any other provision of law— (1) none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2024 for the Department of Defense may be obligated or expended for the procurement of an SSBN–X submarine; and (2) none of the funds authorized to be appropriated or otherwise made available for fiscal year 2025 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the procurement of more than eight such submarines. (h) Reduction of ICBMs Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 200 intercontinental ballistic missiles. (i) Reduction of SLBMs Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 250 submarine-launched ballistic missiles. (j) Prohibition on new ICBM Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a new intercontinental ballistic missile. (k) Termination of MOX fuel plant project Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Mixed Oxide (MOX) Fuel Fabrication Facility project. (l) Termination of CMRR project Notwithstanding section 4215 of the Atomic Energy Defense Act or any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Chemistry and Metallurgy Research Replacement nuclear facility. (m) Termination of UPF Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Uranium Processing Facility located at the Y–12 National Security Complex. (n) Termination of MEADS Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the medium extended air defense system. 604. Reports required (a) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 603. (b) Annual report Not later than March 1, 2014, and each year thereafter, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 603, including any updates to previously submitted reports. (c) Annual nuclear weapons accounting Not later than September 30, 2014, and each year thereafter, the President shall transmit to the appropriate committees of Congress a report containing a comprehensive accounting by the Director of the Office of Management and Budget of the amounts obligated and expended by the Federal Government for each nuclear weapon and related nuclear program during— (1) the fiscal year covered by the report; and (2) the life cycle of such weapon or program. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives. B Limiting Excessive Contractor Compensation 611. Limitation on allowable compensation costs (a) Limitation (1) Civilian contracts Section 4304(a)(16) of title 41, United States Code, is amended to read as follows: (16) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the rate payable for level I of the Executive Schedule under section 5312 of title 5. . (2) Defense contracts Section 2324(e)(1)(P) of title 10, United States Code, is amended to read as follows: (P) Costs of compensation of contractor and subcontractor employees for a fiscal year, regardless of the contract funding source, to the extent that such compensation exceeds the rate payable for level I of the Executive Schedule under section 5312 of title 5. . (b) Conforming amendments (1) In general Section 1127 of title 41, United States Code, is hereby repealed. (2) Clerical amendment The table of sections at the beginning of chapter 11 of title 41, United States Code, is amended by striking the item relating to section 1127. C Relocate Troops From Europe to the United States 615. Relocation to United States military installations of members of the United States Armed Forces assigned to permanent duty in Europe (a) Relocation required Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall complete the relocation to military installations in the United States of at least 10,000 members of the Armed Forces of the United States who, as of the date of the enactment of this Act, are assigned to permanent duty ashore in Europe. The members relocated shall not be replaced by the assignment of other members of the Armed Forces of the United States to permanent duty ashore in Europe. (b) Exclusion of certain members For purposes of complying with this section, the Secretary of Defense shall not select members of the Armed Forces performing the following assignments for relocation to the United States: (1) Members assigned to permanent duty ashore in Iceland, Greenland, and the Azores. (2) Members performing duties in Europe for more than 179 days under a military-to-military contact program under section 168 of title 10, United States Code. (c) Exceptions; waiver This section shall not apply in the event of a declaration of war or an armed attack on any European member nation of the North Atlantic Treaty Organization. The President may waive operation of this section if the President declares an emergency and immediately informs the Congress of the waiver and the reasons therefor. (d) Conforming amendment to permanent ceiling on United States military presence in Europe Section 1002(c)(1) of the Department of Defense Authorization Act, 1985 ( 22 U.S.C. 1928 note) is amended by striking 100,000 and inserting 60,000 . D Additional reduction in armed forces end strength levels 621. Additional Army and Marine Corps end strength reductions through retirement and separation (a) Army In addition to the reductions in end strength levels of active duty members of the Army otherwise required to be achieved during fiscal years 2013 through 2017, the Secretary of the Army shall reduce the end strength numbers for active duty personnel as of the end of fiscal year 2017 by an additional 20,000. (b) Marine Corps In addition to the reductions in end strength levels of active duty members of the Marine Corps otherwise required to be achieved during fiscal years 2013 through 2017, the Secretary of the Navy shall reduce the end strength numbers for active duty personnel as of the end of fiscal year 2017 by an additional 7,000. (c) Methods of achieving reductions To achieve the personnel reductions required by subsections (a) and (b), the Secretary of the Army and the Secretary of the Navy shall rely on the retirement and separation of members of the Army and Marine Corps, including as a result of the use of enhanced selective early retirement boards and early discharges under section 638a of title 10, United States Code, as reinstated by section 502 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ). E Procurement of certain submarines, carriers, and aircraft 631. Limitation on procurement of Virginia class submarines Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal years 2014 through 2024 for the Department of Defense may be obligated or expended to procure more than one Virginia class submarine per fiscal year. 632. Limitation on procurement of one Ford class aircraft carrier (a) Limitation Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to procure the Ford class aircraft carrier designated CVN–80. (b) Effect on requirement for 11 operational aircraft carriers Subsection (a) applies even in the event that the number of operational aircraft carriers for the naval combat forces of the Navy becomes less than 11, notwithstanding section 5065(b) of title 10, United States Code. 633. Authority for procurement of F/A–18E and F/A–18F aircraft (a) Replacement of planned procurement of F–35C aircraft (1) Limitation on procurement Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to procure the 237 F–35C aircraft that the Secretary of the Navy planned to procure as of the date on which the budget of the President was submitted to Congress under section 1105(a) of title 31, United States Code, for fiscal year 2013. (2) Authority for procurement Of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense, the Secretary of the Navy may procure not more than a total of 240 F/A–18E and F/A–18F aircraft. (b) Replacement of procurement of F–35B aircraft (1) Limitation on procurement Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to procure more than 200 F–35B aircraft. (2) Authority for procurement Of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense, the Secretary of the Navy may procure not more than a total of 220 F/A–18E and F/A–18F aircraft. 634. Prohibition on procurement of V–22 Osprey aircraft Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the procurement of V–22 Osprey aircraft. F Limit Military Bands 641. Limitation on expenditures for military musical units Amounts expended for any fiscal year for military musical units (as defined in section 974 of title 10, United States Code) may not exceed $200,000,000. G Reduction in Number of General and Flag Officers 651. Return of maximum number of general and flag officers to Cold War levels Section 526 of title 10, United States Code, is amended by adding at the end the following new subsection: (i) Additional limitation stated as ratio of members on active duty Notwithstanding any other provision of this section, the number of general officers on active duty in the Army, Air Force, or Marine Corps, and the number of flag officers on active duty in the Navy, may not exceed six general officers or flag officers for each 10,000 members of that armed force on active duty. . H Audit the Pentagon 661. Purposes The purposes of this subtitle are as follows: (1) To strengthen American national security by ensuring that— (A) military planning, operations, weapons development, and a long-term national security strategy are connected to sound financial controls; and (B) defense dollars are spent efficiently. (2) To instill a culture of accountability at the Department of Defense that supports the vast majority of dedicated members of the Armed Forces and civilians who want to ensure proper accounting and prevent waste, fraud, and abuse. 662. Findings Congress finds the following: (1) The 2011 Financial Report of the United States Government found that 32 of 35 major Federal agencies received clean audit opinions. Two more, the Department of Homeland Security and the Department of State, received qualified audit opinions but are making progress. Only the Department of Defense had a disclaimer because it lacked any auditable reporting or accounting available for independent review. (2) The financial management of the Department of Defense has been on the High-Risk list of the Government Accountability Office (GAO). The GAO found that the Department is not consistently able to control costs; ensure basic accountability; anticipate future costs and claims on the budget; measure performance; maintain funds control; and prevent and detect fraud, waste, and abuse . (3) At a September 2010 hearing of the Senate, the Government Accountability Office stated that past expenditures by the Department of Defense of $5,800,000,000 to improve financial information, and billions of dollars more of anticipated expenditures on new information technology systems for that purpose, may not suffice to achieve full audit readiness of the financial statement of the Department. At that hearing, the Government Accountability Office could not predict when the Department would achieve full audit readiness of such statements. (4) Section 9 of article I of the Constitution of the United States requires all agencies of the Federal Government, including the Department of Defense, to publish a regular statement and account of the receipts and expenditures of all public money . (5) Section 303(d) of the Chief Financial Officers Act of 1990 ( Public Law 101–576 ) required that financial statements be prepared and independently audited for the Department of the Army by March 31, 1992, and for the Department of the Air Force by March 31, 1993. Neither the Department of the Army nor the Department of the Air Force has complied. (6) Section 3515 of title 31, United States Code, requires the agencies of the Federal Government, including the Department of Defense, to present auditable financial statements beginning not later than March 1, 1997. The Department has not complied with this law. (7) The Federal Financial Management Improvement Act of 1996 ( 31 U.S.C. 3512 note) requires financial systems acquired by the Federal Government, including the Department of Defense, to be able to provide information to leaders to manage and control the cost of government. The Department has not complied with this law. (8) The National Defense Authorization Act for Fiscal Year 2002 ( Public Law 107–107 ) requires the Secretary of Defense to report to Congress annually on the reliability of the financial statements of the Department of Defense, to minimize resources spent on producing unreliable financial statements, and to use resources saved to improve financial management policies, procedures, and internal controls. (9) In 2005, the Department of Defense created a Financial Improvement and Audit Readiness (FIAR) Plan, overseen by a directorate within the office of the Under Secretary of Defense (Comptroller), to improve Department business processes with the goal of producing timely, reliable, and accurate financial information that could generate an audit-ready annual financial statement. In December 2005, that directorate, known as the FIAR Directorate, issued the first of a series of semiannual reports on the status of the Financial Improvement and Audit Readiness Plan. (10) The National Defense Authorization Act for Fiscal Year 2010 ( Public Law 111–84 ) requires regular status reports on the Financial Improvement and Audit Readiness Plan described in paragraph (9), and codified as a statutory requirement the goal of the Plan in ensuring that Department of Defense financial statements are validated as ready for audit not later than September 30, 2017. 663. Spending reductions for agencies without clean audits (a) Applicability (1) In general Subject to paragraph (2), this section applies to each Federal agency identified by the Director of the Office of Management and Budget as required to have an audited financial statement under section 3515 of title 31, United States Code. (2) Applicability to military departments and defense agencies For purposes of paragraph (1), in the case of the Department of Defense, each military department and each Defense Agency shall be treated as a separate Federal agency. (b) Definitions In this section, the terms financial statement and external independent auditor have the meanings given those terms in section 3521(e) of title 31, United States Code. (c) Adjustments for financial accountability (1) Reduction required If a Federal agency has not submitted a financial statement for a fiscal year by March 1 of the next fiscal year, or if such financial statement has not received either an unqualified or a qualified audit opinion by an independent external auditor by such date, the discretionary budget authority available for the Federal agency for the then current fiscal year is reduced by 5 percent, with the reduction applied proportionately to each account (other than an account listed in subsection (d) or an account for which a waiver is made under subsection (e)). (2) Treatment of reduction An amount equal to the total amount of any reduction made under paragraph (2) shall be retained in the general fund of the Treasury for the purposes of deficit reduction. (d) Accounts excluded The following accounts are excluded from any reductions referred to in subsection (c)(1): (1) Military personnel, reserve personnel, and National Guard personnel accounts of the Department of Defense. (2) The Defense Health Program account of the Department of Defense. (e) Waiver The President may waive subsection (c)(1) with respect to an account if the President certifies that applying the subsection to that account would harm national security or members of the Armed Forces who are serving in a combat zone. (f) Report Not later than 60 days after an adjustment is made under subsection (c), the Director of the Office of Management and Budget shall submit to Congress a report describing the amount of the adjustment and the affected accounts. 664. Report on Department of Defense reporting requirements Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller) shall submit to Congress a report setting forth the following: (1) A list of each report of the Department of Defense required by law to be submitted to Congress which, in the opinion of the Under Secretary, would no longer be necessary if the financial statements of the Department of Defense were audited with an unqualified opinion. (2) A list of each report of the Department required by law to be submitted to Congress which, in the opinion of the Under Secretary, interferes with the capacity of the Department to achieve an audit of the financial statements of the Department with an unqualified opinion. 665. Sense of Congress in implementation of defense budget reductions It is the sense of Congress that— (1) as the overall defense budget is cut, congressional defense committees and the Department of Defense should not endanger members of the Armed Forces by reducing wounded warrior accounts or vital protection (such as body armor) for members of the Armed Forces in harm’s way; (2) the valuation of legacy assets by the Department of Defense should be simplified without compromising essential controls or generally accepted government auditing standards; and (3) nothing in this subtitle should be construed to require or permit the declassification of accounting details about classified defense programs, and, as required by law, the Department of Defense should ensure financial accountability in such programs using proven practices, including using auditors with security clearances. VII Invest in Job Creation A Making Work Pay Extension 701. One-year extension of making work pay credit (a) In general Subsection (e) of section 36A of the Internal Revenue Code of 1986 is amended to read as follows: (e) Termination This section shall not apply to taxable years— (1) beginning after December 31, 2010, and before January 1, 2013, or (2) beginning after December 31, 2013. . (b) Treatment of possessions Paragraph (1) of section 1001(b) of the American Recovery and Reinvestment Tax Act of 2009 is amended by striking 2009 and 2010 both places it appears and inserting 2009, 2010, and 2013 . (c) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. B Support for Teachers and School Modernization I Preventing teacher layoffs and supporting the creation of additional jobs in public early childhood, elementary, and secondary education 711. Purpose The purpose of this part is to provide funds to States to prevent teacher layoffs and support the creation of additional jobs in public early childhood, elementary, and secondary education in the 2012–2013 and 2013–2014 school years. 712. Grants for the outlying areas and the Secretary of the Interior; availability of funds (a) Reservation of funds From the amount appropriated to carry out this subtitle under section 721 , the Secretary— (1) shall reserve up to one-half of one percent to provide assistance to the outlying areas on the basis of their respective needs, as determined by the Secretary, for activities consistent with this part under such terms and conditions as the Secretary may determine; (2) shall reserve up to one-half of one percent to provide assistance to the Secretary of the Interior to carry out activities consistent with this part, in schools operated or funded by the Bureau of Indian Education; and (3) may reserve up to $2,000,000 for administration and oversight of this subtitle, including program evaluation. (b) Availability of funds Funds made available under section 721 shall remain available to the Secretary until September 30, 2014. 713. State allocation (a) Allocation After reserving funds under section section 712(a) , the Secretary shall allocate the remaining funds appropriated under section 721 to States, of which— (1) 60 percent shall be allocated to States on the basis of their relative population of individuals aged 5 through 17; and (2) 40 percent shall be allocated to States on the basis of their relative total population. (b) Awards The Secretary shall award a State’s allocation under subsection (a) to the Governor of the State only if the Secretary has approved the State’s application under section 714 . (c) Alternate distribution of funds (1) In general If, within 30 days after the date of enactment of this Act, a Governor has not submitted an approvable application to the Secretary, the Secretary shall, consistent with paragraph (2), provide for funds allocated to that State to be distributed to another entity or other entities in the State for the support of early childhood, elementary, and secondary education, under such terms and conditions as the Secretary may establish. (2) Maintenance of effort (A) Governor assurance The Secretary shall not allocate funds under paragraph (1) unless the Governor of the State provides an assurance to the Secretary that the State will for fiscal years 2013 and 2014 meet the requirements of section 718. (B) Allocations to other entities Notwithstanding subparagraph (A), the Secretary may allocate up to 50 percent of the funds that are available to the State under paragraph (1) to another entity or entities in the State, provided that the State educational agency submits data to the Secretary demonstrating that the State will for fiscal year 2013 meet the requirements of section 718(a) or the Secretary otherwise determines that the State will meet those requirements, or such comparable requirements as the Secretary may establish, for that year. (3) Requirements An entity that receives funds under paragraph (1) shall use those funds in accordance with the requirements of this subtitle. (d) Reallocation If a State does not receive funding under this part or only receives a portion of its allocation under subsection (c), the Secretary shall reallocate the State’s entire allocation or the remaining portion of its allocation, as the case may be, to the remaining States in accordance with subsection (a). 714. State application The Governor of a State desiring to receive a grant under this subtitle shall submit an application to the Secretary within 30 days of the date of enactment of this Act, in such manner, and containing such information as the Secretary may reasonably require to determine the State’s compliance with applicable provisions of law. 715. State reservation and responsibilities (a) Reservation Each State receiving a grant under section 713(b) may reserve— (1) not more than 10 percent of the grant funds for awards to State-funded early learning programs; and (2) not more than 2 percent of the grant funds for the administrative costs of carrying out its responsibilities under this subtitle. (b) State responsibilities Each State receiving a grant under this part shall, after reserving any funds under subsection (a) — (1) use the remaining grant funds only for awards to local educational agencies for the support of early childhood, elementary, and secondary education; and (2) distribute those funds, through subgrants, to its local educational agencies by distributing— (A) 60 percent on the basis of the local educational agencies’ relative shares of enrollment; and (B) 40 percent on the basis of the local educational agencies’ relative shares of funds received under part A of title I of the Elementary and Secondary Education Act of 1965 for fiscal year 2012; and (3) make those funds available to local educational agencies no later than 100 days after receiving a grant from the Secretary. (c) Prohibitions A State shall not use funds received under this subtitle to directly or indirectly— (1) establish, restore, or supplement a rainy-day fund; (2) supplant State funds in a manner that has the effect of establishing, restoring, or supplementing a rainy-day fund; (3) reduce or retire debt obligations incurred by the State; or (4) supplant State funds in a manner that has the effect of reducing or retiring debt obligations incurred by the State. 716. Local educational agencies Each local educational agency that receives a subgrant under this part— (1) shall use the subgrant funds only for compensation and benefits and other expenses, such as support services, necessary to retain existing employees, recall or rehire former employees, or hire new employees to provide early childhood, elementary, or secondary educational and related services; (2) shall obligate those funds not later than September 30, 2014; and (3) may not use those funds for general administrative expenses or for other support services or expenditures, as those terms are defined by the National Center for Education Statistics in the Common Core of Data, as of the date of enactment of this Act. 717. Early learning Each State-funded early learning program that receives funds under this subtitle shall— (1) use those funds only for compensation, benefits, and other expenses, such as support services, necessary to retain early childhood educators, recall or rehire former early childhood educators, or hire new early childhood educators to provide early learning services; and (2) obligate those funds not later than September 30, 2014. 718. Maintenance of effort (a) Requirement The Secretary shall not allocate funds to a State under this subtitle unless the State provides an assurance to the Secretary that— (1) for State fiscal year 2013— (A) the State will maintain State support for early childhood, elementary, and secondary education (in the aggregate or on the basis of expenditure per pupil) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at not less than the level of such support for each of the two categories for State fiscal year 2012; or (B) the State will maintain State support for early childhood, elementary, and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for State fiscal year 2012; and (2) for State fiscal year 2014— (A) the State will maintain State support for early childhood, elementary, and secondary education (in the aggregate or on the basis of expenditure per pupil) and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at not less than the level of such support for each of the two categories for State fiscal year 2013; or (B) the State will maintain State support for early childhood, elementary, and secondary education and for public institutions of higher education (not including support for capital projects or for research and development or tuition and fees paid by students) at a percentage of the total revenues available to the State that is equal to or greater than the percentage provided for State fiscal year 2013. (b) Waiver The Secretary may waive the requirements of this section if the Secretary determines that a waiver would be equitable due to— (1) exceptional or uncontrollable circumstances, such as a natural disaster; or (2) a precipitous decline in the financial resources of the State. 719. Reporting Each State that receives a grant under this part shall submit, on an annual basis, a report to the Secretary that contains— (1) a description of how funds received under this part were expended or obligated; and (2) an estimate of the number of jobs supported by the State using funds received under this subtitle. 720. Definitions In this part: (1) ESEA definitions Except as otherwise provided, the terms local educational agency , outlying area , Secretary , State , and State educational agency have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) State The term State does not include an outlying area. (3) Early child educator The term early childhood educator means an individual who— (A) works directly with children in a State-funded early learning program in a low-income community; (B) is involved directly in the care, development, and education of infants, toddlers, or young children age five and under; and (C) has completed a baccalaureate or advanced degree in early childhood development or early childhood education, or in a field related to early childhood education. (4) State-funded early learning program The term State-funded early learning program means a program that provides educational services to children from birth to kindergarten entry and receives funding from a State. 721. Authorization of appropriations There are authorized to be appropriated, and there are appropriated, $30,000,000,000 to carry out this part for fiscal year 2013. II Elementary and secondary schools 731. Purpose The purpose of this part is to provide assistance for the modernization, renovation, and repair of elementary and secondary school buildings in public school districts across America in order to support the achievement of improved educational outcomes in those schools. 732. Authorization of appropriations There are authorized to be appropriated, and there are appropriated, $25,000,000,000 to carry out this part, which shall be available for obligation by the Secretary until September 30, 2014. 733. Allocation of funds (a) Reservations Of the amount made available to carry out this part, the Secretary shall reserve— (1) one-half of one percent for the Secretary of the Interior to carry out modernization, renovation, and repair activities described in section 736 in schools operated or funded by the Bureau of Indian Education; (2) one-half of one percent to make grants to the outlying areas for modernization, renovation, and repair activities described in section 736 ; and (3) such funds as the Secretary determines are needed to conduct a survey, by the National Center for Education Statistics, of the school construction, modernization, renovation, and repair needs of the public schools of the United States. (b) State allocation After reserving funds under subsection (a), the Secretary shall allocate the remaining amount among the States in proportion to their respective allocations under part A of title I of the Elementary and Secondary Education Act of 1965 (in this part referred to as the ESEA ) ( 20 U.S.C. 6311 et seq. ) for fiscal year 2013, except that— (1) the Secretary shall allocate 40 percent of such remaining amount to the 100 local educational agencies with the largest numbers of children aged 5–17 living in poverty, as determined using the most recent data available from the Department of Commerce that are satisfactory to the Secretary, in proportion to those agencies’ respective allocations under part A of title I of the ESEA for fiscal year 2013; and (2) the allocation to any State shall be reduced by the aggregate amount of the allocations under paragraph (1) to local educational agencies in that State. (c) Remaining allocation (1) States If a State does not apply for its allocation under subsection (b) (or applies for less than the full allocation for which it is eligible) or does not use that allocation in a timely manner, the Secretary may— (A) reallocate all or a portion of that allocation to the other States in accordance with subsection (b); or (B) use all or a portion of that allocation to make direct allocations to local educational agencies within the State based on their respective allocations under part A of title I of the ESEA for fiscal year 2013 or such other method as the Secretary may determine. (2) Local educational agencies If a local educational agency does not apply for its allocation under subsection (b)(1), applies for less than the full allocation for which it is eligible, or does not use that allocation in a timely manner, the Secretary may reallocate all or a portion of its allocation to the State in which that agency is located. 734. State use of funds (a) Reservation Each State that receives a grant under this part may reserve not more than one percent of the State’s allocation under section 733(b) for the purpose of administering the grant, except that no State may reserve more than $750,000 for this purpose. (b) Funds to local educational agencies (1) Formula subgrants From the grant funds that are not reserved under subsection (a), a State shall allocate at least 50 percent to local educational agencies, including charter schools that are local educational agencies, that did not receive funds under section 733(b)(1) from the Secretary, in accordance with their respective allocations under part A of title I of the ESEA for fiscal year 2013, except that no such local educational agency shall receive less than $10,000. (2) Additional subgrants The State shall use any funds remaining, after reserving funds under subsection (a) and allocating funds under paragraph (1), for subgrants to local educational agencies that did not receive funds under section 733(b)(1) , including charter schools that are local educational agencies, to support modernization, renovation, and repair projects that the State determines, using objective criteria, are most needed in the State, with priority given to projects in rural local educational agencies. (c) Remaining funds If a local educational agency does not apply for an allocation under subsection (b)(1), applies for less than its full allocation, or fails to use that allocation in a timely manner, the State may reallocate any unused portion to other local educational agencies in accordance with subsection (b). 735. State and local applications (a) State application A State 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 and assurances as the Secretary may require, which shall include— (1) an identification of the State agency or entity that will administer the program under this part; and (2) the State’s process for determining how the grant funds will be distributed and administered, including— (A) how the State will determine the criteria and priorities in making subgrants under section 734(b)(2) ; (B) any additional criteria the State will use in determining which projects it will fund under that section; (C) a description of how the State will consider— (i) the needs of local educational agencies for assistance under this part; (ii) the impact of potential projects on job creation in the State; (iii) the fiscal capacity of local educational agencies applying for assistance; (iv) the percentage of children in those local educational agencies who are from low-income families; and (v) the potential for leveraging assistance provided by the program under this part through matching or other financing mechanisms; (D) a description of how the State will ensure that the local educational agencies receiving subgrants meet the requirements of this part; (E) a description of how the State will ensure that the State and its local educational agencies meet the deadlines established in section 738 ; (F) a description of how the State will give priority to the use of green practices that are certified, verified, or consistent with any applicable provisions of— (i) the LEED Green Building Rating System; (ii) Energy Star; (iii) the CHPS Criteria; (iv) Green Globes; or (v) an equivalent program adopted by the State or another jurisdiction with authority over the local educational agency; (G) a description of the steps that the State will take to ensure that local educational agencies receiving subgrants under this part will adequately maintain any facilities that are modernized, renovated, or repaired with such subgrant funds; and (H) such additional information and assurances as the Secretary may require. (b) Local application A local educational agency that is eligible under section 733(b)(1) 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 and assurances as the Secretary may require, which shall include— (1) a description of how the local educational agency will meet the deadlines and requirements of this part; (2) a description of the steps that the local educational agency will take to adequately maintain any facilities that are modernized, renovated, or repaired with funds under this part; and (3) such additional information and assurances as the Secretary may require. 736. Use of funds (a) In general Funds awarded to local educational agencies under this part shall be used only for either or both of the following modernization, renovation, or repair activities in facilities that are used for elementary or secondary education or for early learning programs: (1) Direct payments for school modernization, renovation, or repair. (2) To pay interest on bonds or payments for other financing instruments that are newly issued for the purpose of financing school modernization, renovation, or repair. (b) Supplement, not supplant Funds made available under this part shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to modernize, renovate, or repair eligible school facilities. (c) Prohibition Funds awarded to local educational agencies under this part may not be used for— (1) new construction; (2) payment of routine maintenance costs; or (3) modernization, renovation, or repair of stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. 737. Private schools (a) In general Section 9501 of the ESEA ( 20 U.S.C. 7881 ) shall apply to this part in the same manner as it applies to activities under that Act, except that— (1) such section 9501 shall not apply with respect to the title to any real property modernized, renovated, or repaired with assistance provided under this part; (2) educational services or other benefits funded under this part for private schools shall be provided only to private, nonprofit elementary or secondary schools with a rate of child poverty of at least 40 percent and may include only— (A) modifications of school facilities necessary to meet the standards applicable to public schools under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.); (B) modifications of school facilities necessary to meet the standards applicable to public schools under section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ); and (C) asbestos or polychlorinated biphenyls abatement or removal from school facilities; and (3) expenditures for services provided using funds made available under section 736 shall be considered equal for purposes of section 9501(a)(4) of the ESEA if the per-pupil expenditures for services described in paragraph (2) for students enrolled in private, nonprofit elementary and secondary schools that have child-poverty rates of at least 40 percent are consistent with the per-pupil expenditures under this part for children enrolled in the public schools of the local educational agency receiving funds under this part. (b) Remaining funds If the expenditure for services described in subsection (a)(2) is less than the amount calculated under subsection (a)(3) because of insufficient need for those services, the remainder shall be available to the local educational agency for modernization, renovation, or repair of its school facilities. (c) Application If any provision of this section, or the application thereof, to any person or circumstance is judicially determined to be invalid, the remainder of the section and the application to other persons or circumstances shall not be affected thereby. 738. Additional provisions (a) 24-Month period of availability Funds appropriated under section 732 shall be available for obligation by local educational agencies receiving grants from the Secretary under section 733(b)(1) , by States reserving funds under section 734(a) , and by local educational agencies receiving subgrants under section 734(b)(1) only during the period that ends 24 months after the date of enactment of this Act. (b) 36-Month period of availability Funds appropriated under section 732 shall be available for obligation by local educational agencies receiving subgrants under section 734(b)(2) only during the period that ends 36 months after the date of enactment of this Act. (c) Applicability of GEPA Section 439 of the General Education Provisions Act (20 U.S.C. 1232b) shall apply to funds available under this part. (d) Limitation For purposes of section 733(b)(1) , Hawaii, the District of Columbia, and the Commonwealth of Puerto Rico are not local educational agencies. III Community College modernization 739. Federal assistance for community college modernization (a) In general (1) Grant program From the amounts made available under subsection (h) , the Secretary shall award grants to States to modernize, renovate, or repair existing facilities at community colleges. (2) Allocation (A) Reservations Of the amount made available to carry out this section, the Secretary shall reserve— (i) up to 0.25 percent for grants to institutions that are eligible under section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ) to provide for modernization, renovation, and repair activities described in this section; and (ii) up to 0.25 percent for grants to the outlying areas to provide for modernization, renovation, and repair activities described in this section. (B) Allocation After reserving funds under subparagraph (A) , the Secretary shall allocate to each State that has an application approved by the Secretary an amount that bears the same relation to any remaining funds as the total number of students in such State who are enrolled in institutions described in section 740(b)(1)(A) plus the number of students who are estimated to be enrolled in and pursuing a degree or certificate that is not a bachelor’s, master’s, professional, or other advanced degree in institutions described in section 740(b)(1)(B), based on the proportion of degrees or certificates awarded by such institutions that are not bachelor’s, master’s, professional, or other advanced degrees, as reported to the Integrated Postsecondary Data System bears to the estimated total number of such students in all States, except that no State shall receive less than $2,500,000. (C) Reallocation Amounts not allocated under this section to a State because the State either did not submit an application under subsection (b), the State submitted an application that the Secretary determined did not meet the requirements of such subsection, or the State cannot demonstrate to the Secretary a sufficient demand for projects to warrant the full allocation of the funds, shall be proportionately reallocated under this paragraph to the other States that have a demonstrated need for, and are receiving, allocations under this section. (D) State administration A State that receives a grant under this section may use not more than one percent of that grant to administer it, except that no State may use more than $750,000 of its grant for this purpose. (3) Supplement, not supplant Funds made available under this section shall be used to supplement, and not supplant, other Federal, State, and local funds that would otherwise be expended to modernize, renovate, or repair existing community college facilities. (b) Application A State that desires to receive a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information and assurances as the Secretary may require. Such application shall include a description of— (1) how the funds provided under this section will improve instruction at community colleges in the State and will improve the ability of those colleges to educate and train students to meet the workforce needs of employers in the State; (2) the projected start of each project and the estimated number of persons to be employed in the project; and (3) the cost of each project and the total amount of funds requested for each project and for all projects. (c) Prohibited uses of funds (1) In general No funds awarded under this section may be used for— (A) payment of routine maintenance costs; (B) construction, modernization, renovation, or repair of stadiums or other facilities primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; or (C) construction, modernization, renovation, or repair of facilities— (i) used for sectarian instruction, religious worship, or a school or department of divinity; or (ii) in which a substantial portion of the functions of the facilities are subsumed in a religious mission. (2) Four-year institutions No funds awarded to a four-year public institution of higher education under this section may be used for any facility, service, or program of the institution that is not available to students who are pursuing a degree or certificate that is not a bachelor’s, master’s, professional, or other advanced degree. (d) Green projects In providing assistance to community college projects under this section, the State shall consider the extent to which a community college’s project involves activities that are certified, verified, or consistent with the applicable provisions of— (1) the LEED Green Building Rating System; (2) Energy Star; (3) the CHPS Criteria, as applicable; (4) Green Globes; or (5) an equivalent program adopted by the State or the State higher education agency that includes a verifiable method to demonstrate compliance with such program. (e) Application of GEPA Section 439 of the General Education Provisions Act (20 U.S.C. 1232b) shall apply to funds available under this section. (f) Reports by the states Each State that receives a grant under this section shall, not later than September 30, 2013, and annually thereafter for each fiscal year in which the State expends funds received under this section, submit to the Secretary a report that includes— (1) a description of the projects for which the grant was, or will be, used; (2) a description of the amount and nature of the assistance provided to each community college under this section; and (3) the number of jobs created by the projects funded under this section. (g) Report by the secretary The Secretary shall submit to the authorizing committees (as defined in section 103 of the Higher Education Act of 1965; 20 U.S.C. 1003) an annual report on the grants made under this section, including the information described in subsection (f). (h) Availability of funds (1) There are authorized to be appropriated, and there are appropriated, to carry out this section (in addition to any other amounts appropriated to carry out this section and out of any money in the Treasury not otherwise appropriated), $5,000,000,000 for fiscal year 2013. (2) Funds appropriated under this subsection shall be available for obligation by community colleges only during the period that ends 36 months after the date of enactment of this Act. IV General provisions 740. Definitions (a) ESEA terms Except as otherwise provided, in this subtitle, the terms local educational agency , Secretary , and State educational agency have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (b) Additional definitions The following definitions apply to this title: (1) Community college The term community college means— (A) a junior or community college, as that term is defined in section 312(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1058(f) ); or (B) an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) that awards a significant number of degrees and certificates, as determined by the Secretary, that are not— (i) bachelor’s degrees (or an equivalent); or (ii) master’s, professional, or other advanced degrees. (2) CHPS criteria The term CHPS Criteria means the green building rating program developed by the Collaborative for High Performance Schools. (3) Energy star The term Energy Star means the Energy Star program of the United States Department of Energy and the United States Environmental Protection Agency. (4) Green globes The term Green Globes means the Green Building Initiative environmental design and rating system referred to as Green Globes. (5) Leed green building rating system The term LEED Green Building Rating System means the United States Green Building Council Leadership in Energy and Environmental Design green building rating standard referred to as the LEED Green Building Rating System. (6) Modernization, renovation, and repair The term modernization, renovation, and repair means— (A) comprehensive assessments of facilities, including indoor air-quality assessments, to identify— (i) facility conditions or deficiencies that could adversely affect student and staff health, safety, performance, or productivity or energy, water, or materials efficiency; and (ii) needed facility improvements; (B) repairing, replacing, or installing roofs (which may be extensive, intensive, or semi-intensive green roofs); electrical wiring; water supply and plumbing systems, sewage systems, storm water runoff systems, lighting systems (or components of such systems); or building envelope, windows, ceilings, flooring, or doors, including security doors; (C) repairing, replacing, or installing heating, ventilation, or air conditioning systems, or components of those systems (including insulation) to improve energy efficiency; (D) compliance with fire, health, seismic, and safety codes, including professional installation of fire and life safety alarms, and modernizations, renovations, and repairs that ensure that facilities are prepared for such emergencies as acts of terrorism, campus violence, and natural disasters, such as improving building infrastructure to accommodate security measures and installing or upgrading technology to ensure that a school or incident is able to respond to such emergencies; (E) making modifications necessary to make educational facilities accessible in compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ) and section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), except that such modifications shall not be the primary use of a grant or subgrant; (F) abatement, removal, or interim controls of asbestos, polychlorinated biphenyls, mold, mildew, or lead-based hazards, including lead-based paint hazards; (G) retrofitting necessary to increase energy efficiency; (H) measures, such as selection and substitution of products and materials, and implementation of improved maintenance and operational procedures, such as green cleaning programs, to reduce or eliminate potential student or staff exposure to— (i) volatile organic compounds; (ii) particles such as dust and pollens; or (iii) combustion gases; (I) modernization, renovation, or repair necessary to reduce the consumption of coal, electricity, land, natural gas, oil, or water; (J) installation or upgrading of educational technology infrastructure; (K) installation or upgrading of renewable energy generation and heating systems, including solar, photovoltaic, wind, biomass (including wood pellet and woody biomass), waste-to-energy, solar-thermal, and geothermal systems, and energy audits; (L) modernization, renovation, or repair activities related to energy efficiency and renewable energy, and improvements to building infrastructures to accommodate bicycle and pedestrian access; (M) ground improvements, storm water management, landscaping, and environmental clean-up when necessary; (N) other modernization, renovation, or repair to— (i) improve teachers’ ability to teach and students’ ability to learn; (ii) ensure the health and safety of students and staff; or (iii) improve classroom, laboratory, and vocational facilities in order to enhance the quality of science, technology, engineering, and mathematics instruction; and (O) required environmental remediation related to facilities modernization, renovation, or repair activities described in subparagraphs (A) through (N). (7) Outlying area The term outlying area means the U.S. Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau. (8) State The term State means each of the 50 States of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. 741. Buy American Section 1605 of division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) applies to funds made available under this title. C Transportation Infrastructure Investments I Immediate transportation infrastructure investments 751. Immediate transportation infrastructure investments (a) Grants-In-Aid for airports (1) In general There is made available to the Secretary of Transportation $6,000,000,000 to carry out airport improvement under subchapter I of chapter 471 and subchapter I of chapter 475 of title 49, United States Code. (2) Federal share; limitation on obligations The Federal share payable of the costs for which a grant is made under this subsection, shall be 100 percent. The amount made available under this subsection shall not be subject to any limitation on obligations for the Grants-In-Aid for Airports program set forth in any Act or in title 49, United States Code. (3) Distribution of funds Funds provided to the Secretary under this subsection shall not be subject to apportionment formulas, special apportionment categories, or minimum percentages under chapter 471 of such title. (4) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (5) Administrative expenses Of the funds made available under this subsection, 0.3 percent shall be available to the Secretary for administrative expenses, shall remain available for obligation until September 30, 2015, and may be used in conjunction with funds otherwise provided for the administration of the Grants-In-Aid for Airports program. (b) Next generation air traffic control advancements (1) In general There is made available to the Secretary of Transportation $3,000,000,000 for necessary Federal Aviation Administration capital, research, and operating costs to carry out Next Generation air traffic control system advancements. (2) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. (c) Highway infrastructure investment (1) In general There is made available to the Secretary of Transportation $81,000,000,000 for restoration, repair, construction and other activities eligible under section 133(b) of title 23, United States Code, and for passenger and freight rail transportation and port infrastructure projects eligible for assistance under section 601(a)(8) of title 23. (2) Federal share; limitation on obligations The Federal share payable on account of any project or activity carried out with funds made available under this subsection shall be, at the option of the recipient, up to 100 percent of the total cost thereof. The amount made available under this subsection shall not be subject to any limitation on obligations for Federal-aid highways and highway safety construction programs set forth in any Act or in title 23, United States Code. (3) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (4) Distribution of funds Of the funds provided in this subsection, after making the set-asides required by paragraphs (9), (10), (11), (12), and (15), 50 percent of the funds shall be apportioned to States using the formula set forth in section 104(b)(3) of title 23, United States Code, and the remaining funds shall be apportioned to States in the same ratio as the obligation limitation for fiscal year 2010 was distributed among the States in accordance with the formula specified in section 120(a)(6) of division A of Public Law 111–117. (5) Apportionment Apportionments under paragraph (4) shall be made not later than 30 days after the date of the enactment of this Act. (6) Redistribution (A) The Secretary shall, 180 days following the date of apportionment, withdraw from each State an amount equal to 50 percent of the funds apportioned under paragraph (4) to that State (excluding funds suballocated within the State) less the amount of funding obligated (excluding funds suballocated within the State), and the Secretary shall redistribute such amounts to other States that have had no funds withdrawn under this subparagraph in the manner described in section 120(c) of division A of Public Law 111–117 . (B) One year following the date of apportionment, the Secretary shall withdraw from each recipient of funds apportioned under paragraph (4) any unobligated funds, and the Secretary shall redistribute such amounts to States that have had no funds withdrawn under this paragraph (excluding funds suballocated within the State) in the manner described in section 120(c) of division A of Public Law 111–117 . (C) At the request of a State, the Secretary may provide an extension of the one-year period only to the extent that the Secretary determines that the State has encountered extreme conditions that create an unworkable bidding environment or other extenuating circumstances. Before granting an extension, the Secretary shall notify in writing the Committee on Transportation and Infrastructure and the Committee on Environment and Public Works, providing a thorough justification for the extension. (7) Puerto Rico and territorial highway programs Of the funds provided under this subsection, $315,000,000 shall be set aside for the Puerto Rico highway program and $135,000,000 shall be for the territorial highway program authorized under section 165 of title 23, United States Code. (8) Federal lands and Indian reservations Of the funds provided under this subsection, $1,650,000,000 shall be set aside for investments in transportation at Indian reservations and Federal lands in accordance with the following:. (A) Of the funds set aside by this paragraph, $930,000,000 shall be for the Indian Reservation Roads program, $510,000,000 shall be for the Park Roads and Parkways program, $180,000,000 shall be for the Forest Highway Program, and $30,000,000 shall be for the Refuge Roads program. (B) For investments at Indian reservations and Federal lands, priority shall be given to capital investments, and to projects and activities that can be completed within 2 years of enactment of this Act. (C) One year following the enactment of this Act, to ensure the prompt use of the funding provided for investments at Indian reservations and Federal lands, the Secretary shall have the authority to redistribute unobligated funds within the respective program for which the funds were appropriated. (D) Up to four percent of the funding provided for Indian Reservation Roads may be used by the Secretary of the Interior for program management and oversight and project-related administrative expenses. (9) Job training Of the funds provided under this subsection, $150,000,000 shall be set aside for the development and administration of transportation training programs under section 140(b) title 23, United States Code. (A) Funds set aside under this subsection shall be competitively awarded and used for the purpose of providing training, apprenticeship (including Registered Apprenticeship), skill development, and skill improvement programs, as well as summer transportation institutes and may be transferred to, or administered in partnership with, the Secretary of Labor and shall demonstrate to the Secretary of Transportation program outcomes, including— (i) impact on areas with transportation workforce shortages; (ii) diversity of training participants; (iii) number of participants obtaining certifications or credentials required for specific types of employment; (iv) employment outcome metrics, such as job placement and job retention rates, established in consultation with the Secretary of Labor and consistent with metrics used by programs under the Workforce Investment Act; (v) to the extent practical, evidence that the program did not preclude workers that participate in training or apprenticeship activities under the program from being referred to, or hired on, projects funded under this chapter; and (vi) identification of areas of collaboration with the Department of Labor programs, including co-enrollment. (B) To be eligible to receive a competitively awarded grant under this subsection, a State must certify that at least 0.1 percent of the amounts apportioned under the Surface Transportation Program and Bridge Program will be obligated in the first fiscal year after enactment of this act for job training activities consistent with section 140(b) of title 23, United States Code. (10) Disadvantaged business enterprises Of the funds provided under this subsection, $30,000,000 shall be set aside for training programs and assistance programs under section 140(c) of title 23, United States Code. Funds set aside under this paragraph should be allocated to businesses that have proven success in adding staff while effectively completing projects. (11) State planning and oversight expenses Of amounts apportioned under paragraph (4) of this subsection, a State may use up to 0.5 percent for activities related to projects funded under this subsection, including activities eligible under sections 134 and 135 of title 23, United States Code, State administration of subgrants, and State oversight of subrecipients. (12) Conditions (A) Funds made available under this subsection shall be administered as if apportioned under chapter 1 of title 23, United States Code, except for funds made available for investments in transportation at Indian reservations and Federal lands, and for the territorial highway program, which shall be administered in accordance with chapter 2 of title 23, United States Code, and except for funds made available for disadvantaged business enterprises bonding assistance, which shall be administered in accordance with chapter 3 of title 49, United States Code. (B) Funds made available under this subsection shall not be obligated for the purposes authorized under section 115(b) of title 23, United States Code. (C) Funding provided under this subsection shall be in addition to any and all funds provided for fiscal years 2011 and 2012 in any other Act for Federal-aid Highways and shall not affect the distribution of funds provided for Federal-aid Highways in any other Act. (D) Section 1101(b) of Public Law 109–59 shall apply to funds apportioned under this subsection. (13) Oversight The Administrator of the Federal Highway Administration may set aside up to 0.15 percent of the funds provided under this subsection to fund the oversight by the Administrator of projects and activities carried out with funds made available to the Federal Highway Administration in this Act, and such funds shall be available through September 30, 2015. (d) Capital assistance for high speed rail corridors and intercity passenger rail service (1) In general There is made available to the Secretary of Transportation $12,000,000,000 for grants for high-speed rail projects as authorized under sections 26104 and 26106 of title 49, United States Code, capital investment grants to support intercity passenger rail service as authorized under section 24406 of title 49, United States Code, and congestion grants as authorized under section 24105 of title 49, United States Code, and to enter into cooperative agreements for these purposes as authorized, except that the Administrator of the Federal Railroad Administration may retain up to one percent of the funds provided under this heading to fund the award and oversight by the Administrator of grants made under this subsection, which retained amount shall remain available for obligation until September 30, 2015. (2) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (3) Federal share The Federal share payable of the costs for which a grant or cooperative agreements is made under this subsection shall be, at the option of the recipient, up to 100 percent. (4) Interim guidance The Secretary shall issue interim guidance to applicants covering application procedures and administer the grants provided under this subsection pursuant to that guidance until final regulations are issued. (5) Intercity passenger rail corridors Not less than 85 percent of the funds provided under this subsection shall be for cooperative agreements that lead to the development of entire segments or phases of intercity or high-speed rail corridors. (6) Conditions (A) In addition to the provisions of title 49, United States Code, that apply to each of the individual programs funded under this subsection, subsections 24402(a)(2), 24402(i), and 24403(a) and (c) of title 49, United States Code, shall also apply to the provision of funds provided under this subsection. (B) A project need not be in a State rail plan developed under chapter 227 of title 49, United States Code, to be eligible for assistance under this subsection. (C) Recipients of grants under this paragraph shall conduct all procurement transactions using such grant funds in a manner that provides full and open competition, as determined by the Secretary, in compliance with existing labor agreements. (e) Capital grants to the national railroad passenger corporation (1) In general There is made available $6,000,000,000 to enable the Secretary of Transportation to make capital grants to the National Railroad Passenger Corporation (Amtrak), as authorized by section 101(c) of the Passenger Rail Investment and Improvement Act of 2008 (Public Law 110–432). (2) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (3) Project priority The priority for the use of funds shall be given to projects for the repair, rehabilitation, or upgrade of railroad assets or infrastructure, and for capital projects that expand passenger rail capacity including the rehabilitation of rolling stock. (4) Conditions (A) None of the funds under this subsection shall be used to subsidize the operating losses of Amtrak. (B) The funds provided under this subsection shall be awarded not later than 90 days after the date of enactment of this Act. (C) The Secretary shall take measures to ensure that projects funded under this subsection shall be completed within 2 years of enactment of this Act, and shall serve to supplement and not supplant planned expenditures for such activities from other Federal, State, local and corporate sources. The Secretary shall certify to the House and Senate Committees on Appropriations in writing compliance with the preceding sentence. (5) Oversight The Administrator of the Federal Railroad Administration may set aside 0.5 percent of the funds provided under this subsection to fund the oversight by the Administrator of projects and activities carried out with funds made available in this subsection, and such funds shall be available through September 30, 2015. (f) Transit capital assistance (1) In general There is made available to the Secretary of Transportation $9,000,000,000 for grants for transit capital assistance grants as defined by section 5302(a)(3) of title 49, United States Code. Notwithstanding any provision of chapter 53 of title 49, however, a recipient of funding under this subsection may use up to 10 percent of the amount provided for the operating costs of equipment and facilities for use in public transportation or for other eligible activities. (2) Federal share; limitation on obligations The applicable requirements of chapter 53 of title 49, United States Code, shall apply to funding provided under this subsection, except that the Federal share of the costs for which any grant is made under this subsection shall be, at the option of the recipient, up to 100 percent. The amount made available under this subsection shall not be subject to any limitation on obligations for transit programs set forth in any Act or chapter 53 of title 49. (3) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (4) Distribution of funds The Secretary of Transportation shall— (A) provide 80 percent of the funds appropriated under this subsection for grants under section 5307 of title 49, United States Code, and apportion such funds in accordance with section 5336 of such title; (B) provide 10 percent of the funds appropriated under this subsection in accordance with section 5340 of such title; and (C) provide 10 percent of the funds appropriated under this subsection for grants under section 5311 of title 49, United States Code, and apportion such funds in accordance with such section. (5) Apportionment The funds apportioned under this subsection shall be apportioned not later than 21 days after the date of the enactment of this Act. (6) Redistribution (A) The Secretary shall, 180 days following the date of apportionment, withdraw from each urbanized area or State an amount equal to 50 percent of the funds apportioned to such urbanized areas or States less the amount of funding obligated, and the Secretary shall redistribute such amounts to other urbanized areas or States that have had no funds withdrawn under this proviso utilizing whatever method he deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly. (B) One year following the date of apportionment, the Secretary shall withdraw from each urbanized area or State any unobligated funds, and the Secretary shall redistribute such amounts to other urbanized areas or States that have had no funds withdrawn under this proviso utilizing whatever method the Secretary deems appropriate to ensure that all funds redistributed under this proviso shall be utilized promptly. (C) At the request of an urbanized area or State, the Secretary of Transportation may provide an extension of such 1-year period if the Secretary determines that the urbanized area or State has encountered an unworkable bidding environment or other extenuating circumstances. Before granting an extension, the Secretary shall notify in writing the Committee on Transportation and Infrastructure and the Committee on Banking, Housing and Urban Affairs, providing a thorough justification for the extension. (7) Conditions (A) Of the funds provided for section 5311 of title 49, United States Code, 2.5 percent shall be made available for section 5311(c)(1). (B) Section 1101(b) of Public Law 109–59 shall apply to funds appropriated under this subsection. (C) The funds appropriated under this subsection shall not be comingled with any prior year funds. (8) Oversight Notwithstanding any other provision of law, 0.3 percent of the funds provided for grants under section 5307 and section 5340, and 0.3 percent of the funds provided for grants under section 5311, shall be available for administrative expenses and program management oversight, and such funds shall be available through September 30, 2015. (g) State of good repair (1) In general There is made available to the Secretary of Transportation $18,000,000,000 for capital expenditures as authorized by section 5309(b)(5) of title 49, United States Code. (2) Federal share The applicable requirements of chapter 53 of title 49, United States Code, shall apply, except that the Federal share of the costs for which a grant is made under this subsection shall be, at the option of the recipient, up to 100 percent. (3) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (4) Distribution of funds (A) The Secretary of Transportation shall apportion not less than 75 percent of the funds under this subsection for the modernization of fixed guideway systems, pursuant to the formula set forth in section 5336(b) title 49, United States Code, other than subsection (b)(2)(A)(ii). (B) Of the funds appropriated under this subsection, not less than 25 percent shall be available for the restoration or replacement of existing public transportation assets related to bus systems, pursuant to the formula set forth in section 5336 other than subsection (b). (5) Apportionment The funds made available under this subsection shall be apportioned not later than 30 days after the date of the enactment of this Act. (6) Redistribution (A) The Secretary shall, 180 days following the date of apportionment, withdraw from each urbanized area an amount equal to 50 percent of the funds apportioned to such urbanized area less the amount of funding obligated, and the Secretary shall redistribute such amounts to other urbanized areas that have had no funds withdrawn under this paragraph utilizing whatever method the Secretary deems appropriate to ensure that all funds redistributed under this paragraph shall be utilized promptly. (B) One year following the date of apportionment, the Secretary shall withdraw from each urbanized area any unobligated funds, and the Secretary shall redistribute such amounts to other urbanized areas that have had no funds withdrawn under this paragraph, utilizing whatever method the Secretary deems appropriate to ensure that all funds redistributed under this paragraph shall be utilized promptly. (C) At the request of an urbanized area, the Secretary may provide an extension of the 1-year period if the Secretary finds that the urbanized area has encountered an unworkable bidding environment or other extenuating circumstances. Before granting an extension, the Secretary shall notify the Committee on Transportation and Infrastructure and the Committee on Banking, Housing, and Urban Affairs, providing a thorough justification for the extension. (7) Conditions (A) The provisions of section 1101(b) of Public Law 109–59 shall apply to funds made available under this subsection. (B) The funds appropriated under this subsection shall not be commingled with any prior year funds. (8) Oversight Notwithstanding any other provision of law, 0.3 percent of the funds under this subsection shall be available for administrative expenses and program management oversight and shall remain available for obligation until September 30, 2015. (h) Transportation infrastructure grants and financing (1) In general There is made available to the Secretary of Transportation $15,000,000,000 for capital investments in surface transportation infrastructure. The Secretary shall distribute funds provided under this subsection as discretionary grants to be awarded to State and local governments or transit agencies on a competitive basis for projects that will have a significant impact on the Nation, a metropolitan area, or a region. (2) Federal share; limitation on obligations The Federal share payable of the costs for which a grant is made under this subsection, shall be 100 percent. (3) Availability The amounts made available under this subsection shall be available for obligation until the date that is two years after the date of the enactment of this Act. The Secretary shall obligate amounts totaling not less than 50 percent of the funds made available within one year of enactment and obligate remaining amounts not later than two years after enactment. (4) Project eligibility Projects eligible for funding provided under this subsection include— (A) highway or bridge projects eligible under title 23, United States Code, including interstate rehabilitation, improvements to the rural collector road system, the reconstruction of overpasses and interchanges, bridge replacements, seismic retrofit projects for bridges, and road realignments; (B) public transportation projects eligible under chapter 53 of title 49, United States Code, including investments in projects participating in the New Starts or Small Starts programs that will expedite the completion of those projects and their entry into revenue service; (C) passenger and freight rail transportation projects; and (D) port infrastructure investments, including projects that connect ports to other modes of transportation and improve the efficiency of freight movement. (5) TIFIA program The Secretary may transfer to the Federal Highway Administration funds made available under this subsection for the purpose of paying the subsidy and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary finds that such use of the funds would advance the purposes of this subsection. (6) Project priority The Secretary shall give priority to projects that are expected to be completed within 3 years of the date of the enactment of this Act. (7) Deadline for issuance of competition criteria The Secretary shall publish criteria on which to base the competition for any grants awarded under this subsection not later than 90 days after enactment of this Act. The Secretary shall require applications for funding provided under this subsection to be submitted not later than 180 days after the publication of the criteria, and announce all projects selected to be funded from such funds not later than 1 year after the date of the enactment of the Act. (8) Applicability of title 40 Each project conducted using funds provided under this subsection shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code. (9) Administrative expenses The Secretary may retain up to one half of one percent of the funds provided under this subsection, and may transfer portions of those funds to the Administrators of the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration and the Maritime Administration, to fund the award and oversight of grants made under this subsection. Funds retained shall remain available for obligation until September 30, 2015. (i) Local hiring (1) In general In the case of the funding made available under subsections (a) through (h) of this section, the Secretary of Transportation may establish standards under which a contract for construction may be advertised that contains requirements for the employment of individuals residing in or adjacent to any of the areas in which the work is to be performed to perform construction work required under the contract, provided that— (A) all or part of the construction work performed under the contract occurs in an area designated by the Secretary as an area of high unemployment, using data reported by the United States Department of Labor, Bureau of Labor Statistics; (B) the estimated cost of the project of which the contract is a part is greater than $10,000,000, except that the estimated cost of the project in the case of construction funded under subsection (c) shall be greater than $50,000,000; and (C) the recipient may not require the hiring of individuals who do not have the necessary skills to perform work in any craft or trade; provided that the recipient may require the hiring of such individuals if the recipient establishes reasonable provisions to train such individuals to perform any such work under the contract effectively. (2) Project standards Any standards established by the Secretary under this section shall ensure that any requirements specified under subsection (c)(9)— (A) do not compromise the quality of the project; (B) are reasonable in scope and application; (C) do not unreasonably delay the completion of the project; and (D) do not unreasonably increase the cost of the project. (3) Implementing regulations The Secretary shall promulgate final regulations to implement the authority of this subsection. (j) Administrative provisions (1) Applicability of title 40 Each project conducted using funds provided under this subtitle shall comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code. (2) Buy American Section 1605 of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) applies to each project conducted using funds provided under this subtitle. II Building and upgrading infrastructure for long-Term development A Immediate transportation infrastructure investments 761. Short title This part may be cited as the Building and Upgrading Infrastructure for Long-Term Development Act . 762. Findings and purpose (a) Findings Congress finds that— (1) infrastructure has always been a vital element of the economic strength of the United States and a key indicator of the international leadership of the United States; (2) the Erie Canal, the Hoover Dam, the railroads, and the interstate highway system are all testaments to American ingenuity and have helped propel and maintain the United States as the world’s largest economy; (3) according to the World Economic Forum’s Global Competitiveness Report, the United States fell to second place in 2009, and dropped to fourth place overall in 2010, however, in the Quality of overall infrastructure category of the same report, the United States ranked twenty-third in the world; (4) according to the World Bank’s 2010 Logistic Performance Index, the capacity of countries to efficiently move goods and connect manufacturers and consumers with international markets is improving around the world, and the United States now ranks seventh in the world in logistics-related infrastructure behind countries from both Europe and Asia; (5) according to a January 2009 report from the University of Massachusetts/Alliance for American Manufacturing entitled Employment, Productivity and Growth, infrastructure investment is a highly effective engine of job creation ; (6) according to the American Society of Civil Engineers, the current condition of the infrastructure in the United States earns a grade point average of D, and an estimated $2,200,000,000,000 investment is needed over the next 5 years to bring American infrastructure up to adequate condition; (7) according to the National Surface Transportation Policy and Revenue Study Commission, $225,000,000,000 is needed annually from all sources for the next 50 years to upgrade the United States surface transportation system to a state of good repair and create a more advanced system; (8) the current infrastructure financing mechanisms of the United States, both on the Federal and State level, will fail to meet current and foreseeable demands and will create large funding gaps; (9) published reports state that there may not be enough demand for municipal bonds to maintain the same level of borrowing at the same rates, resulting in significantly decreased infrastructure investment at the State and local level; (10) current funding mechanisms are not readily scalable and do not— (A) serve large in-State or cross jurisdiction infrastructure projects, projects of regional or national significance, or projects that cross sector silos; (B) sufficiently catalyze private sector investment; or (C) ensure the optimal return on public resources; (11) although grant programs of the United States Government must continue to play a central role in financing the transportation, environment, and energy infrastructure needs of the United States, current and foreseeable demands on existing Federal, State, and local funding for infrastructure expansion clearly exceed the resources to support these programs by margins wide enough to prompt serious concerns about the United States ability to sustain long-term economic development, productivity, and international competitiveness; (12) the capital markets, including pension funds, private equity funds, mutual funds, sovereign wealth funds, and other investors, have a growing interest in infrastructure investment and represent hundreds of billions of dollars of potential investment; and (13) the establishment of a United States Government-owned, independent, professionally managed institution that could provide credit support to qualified infrastructure projects of regional and national significance, making transparent merit-based investment decisions based on the commercial viability of infrastructure projects, would catalyze the participation of significant private investment capital. (b) Purpose The purpose of this part is to facilitate investment in, and long-term financing of, economically viable infrastructure projects of regional or national significance in a manner that both complements existing Federal, State, local, and private funding sources for these projects and introduces a merit-based system for financing such projects, in order to mobilize significant private sector investment, create jobs, and ensure United States competitiveness through an institution that limits the need for ongoing Federal funding. 763. Definitions For purposes of this part, the following definitions shall apply: (1) AIFA The term AIFA means the American Infrastructure Financing Authority established under this part. (2) Blind trust The term blind trust means a trust in which the beneficiary has no knowledge of the specific holdings and no rights over how those holdings are managed by the fiduciary of the trust prior to the dissolution of the trust. (3) Board of directors The term Board of Directors means Board of Directors of AIFA. (4) Chairperson The term Chairperson means the Chairperson of the Board of Directors of AIFA. (5) Chief executive officer The term chief executive officer means the chief executive officer of AIFA, appointed under section 767. (6) Cost The term cost has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (7) Direct loan The term direct loan has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661a ). (8) Eligible entity The term eligible entity means an individual, corporation, partnership (including a public-private partnership), joint venture, trust, State, or other non-Federal governmental entity, including a political subdivision or any other instrumentality of a State, or a revolving fund. (9) Infrastructure project (A) In general The term eligible infrastructure project means any non-Federal transportation, water, or energy infrastructure project, or an aggregation of such infrastructure projects, as provided in this part. (B) Transportation infrastructure project The term transportation infrastructure project means the construction, alteration, or repair, including the facilitation of intermodal transit, of the following subsectors: (i) Highway or road. (ii) Bridge. (iii) Mass transit. (iv) Inland waterways. (v) Commercial ports. (vi) Airports. (vii) Air traffic control systems. (viii) Passenger rail, including high-speed rail. (ix) Freight rail systems. (C) Water infrastructure project The term water infrastructure project means the construction, consolidation, alteration, or repair of the following subsectors: (i) Waterwaste treatment facility. (ii) Storm water management system. (iii) Dam. (iv) Solid waste disposal facility. (v) Drinking water treatment facility. (vi) Levee. (vii) Open space management system. (D) Energy infrastructure project The term energy infrastructure project means the construction, alteration, or repair of the following subsectors: (i) Pollution reduced energy generation. (ii) Transmission and distribution. (iii) Storage. (iv) Energy efficiency enhancements for buildings, including public and commercial buildings. (E) Board authority to modify subsectors The Board of Directors may make modifications, at the discretion of the Board, to the subsectors described in this paragraph by a vote of not fewer than 5 of the voting members of the Board of Directors. (10) Investment prospectus (A) The term investment prospectus means the processes and publications described below that will guide the priorities and strategic focus for the Bank’s investments. The investment prospectus shall follow rulemaking procedures under section 553 of title 5, United States Code. (B) The Bank shall publish a detailed description of its strategy in an Investment Prospectus within one year of the enactment of this subchapter. The Investment Prospectus shall— (i) specify what the Bank shall consider significant to the economic competitiveness of the United States or a region thereof in a manner consistent with the primary objective; (ii) specify the priorities and strategic focus of the Bank in forwarding its strategic objectives and carrying out the Bank strategy; (iii) specify the priorities and strategic focus of the Bank in promoting greater efficiency in the movement of freight; (iv) specify the priorities and strategic focus of the Bank in promoting the use of innovation and best practices in the planning, design, development and delivery of projects; (v) describe in detail the framework and methodology for calculating application qualification scores and associated ranges as specified in this subchapter, along with the data to be requested from applicants and the mechanics of calculations to be applied to that data to determine qualification scores and ranges; (vi) describe how selection criteria will be applied by the Chief Executive Officer in determining the competitiveness of an application and its qualification score and range relative to other current applications and previously funded applications; and (vii) describe how the qualification score and range methodology and project selection framework are consistent with maximizing the Bank goals in both urban and rural areas. (C) The Investment Prospectus and any subsequent updates thereto shall be approved by a majority vote of the Board of Directors prior to publication. (D) The Bank shall update the Investment Prospectus on every biennial anniversary of its original publication. (11) Investment-grade rating The term investment-grade rating means a rating of BBB minus, Baa3, or higher assigned to an infrastructure project by a ratings agency. (12) Loan guarantee The term loan guarantee has the same meaning as in section 502 of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a). (13) Public-private partnership The term public-private partnership means any eligible entity— (A) (i) which is undertaking the development of all or part of an infrastructure project that will have a public benefit, pursuant to requirements established in one or more contracts between the entity and a State or an instrumentality of a State; or (ii) the activities of which, with respect to such an infrastructure project, are subject to regulation by a State or any instrumentality of a State; (B) which owns, leases, or operates or will own, lease, or operate, the project in whole or in part; and (C) the participants in which include not fewer than 1 nongovernmental entity with significant investment and some control over the project or project vehicle. (14) Rural infrastructure project The term rural infrastructure project means an infrastructure project in a rural area, as that term is defined in section 343(a)(13)(A) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a)(13)(A) ). (15) Secretary Unless the context otherwise requires, the term Secretary means the Secretary of the Treasury or the designee thereof. (16) Senior management The term senior management means the chief financial officer, chief risk officer, chief compliance officer, general counsel, chief lending officer, and chief operations officer of AIFA established under section 769, and such other officers as the Board of Directors may, by majority vote, add to senior management. (17) State The term State includes the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of Northern Mariana Islands, and any other territory of the United States. B American Infrastructure Financing Authority 765. Establishment and general authority of AIFA (a) Establishment of AIFA The American Infrastructure Financing Authority is established as a wholly owned Government corporation. (b) General authority of AIFA AIFA shall provide direct loans and loan guarantees to facilitate infrastructure projects that are both economically viable and of regional or national significance, and shall have such other authority, as provided in this part. (c) Incorporation (1) In general The Board of Directors first appointed shall be deemed the incorporator of AIFA, and the incorporation shall be held to have been effected from the date of the first meeting of the Board of Directors. (2) Corporate office AIFA shall— (A) maintain an office in Washington, DC; and (B) for purposes of venue in civil actions, be considered to be a resident of Washington, DC. (d) Responsibility of the secretary The Secretary shall take such action as may be necessary to assist in implementing AIFA, and in carrying out the purpose of this part. (e) Rule of construction Chapter 91 of title 31, United States Code, does not apply to AIFA, unless otherwise specifically provided in this part. 766. Voting members of the Board of Directors (a) Voting membership of the board of directors (1) In general AIFA shall have a Board of Directors consisting of 7 voting members appointed by the President, by and with the advice and consent of the Senate, not more than 4 of whom shall be from the same political party. (2) Chairperson One of the voting members of the Board of Directors shall be designated by the President to serve as Chairperson thereof. (3) Congressional recommendations Not later than 30 days after the date of enactment of this Act, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives shall each submit a recommendation to the President for appointment of a member of the Board of Directors, after consultation with the appropriate committees of Congress. (b) Voting rights Each voting member of the Board of Directors shall have an equal vote in all decisions of the Board of Directors. (c) Qualifications of voting members Each voting member of the Board of Directors shall— (1) be a citizen of the United States; and (2) have significant demonstrated expertise in— (A) the management and administration of a financial institution relevant to the operation of AIFA; or a public financial agency or authority; (B) the financing, development, or operation of infrastructure projects; or (C) analyzing the economic benefits of infrastructure investment. (d) Terms (1) In general Except as otherwise provided in this part, each voting member of the Board of Directors shall be appointed for a term of 4 years. (2) Initial staggered terms Of the voting members first appointed to the Board of Directors— (A) the initial Chairperson and 3 of the other voting members shall each be appointed for a term of 4 years; and (B) the remaining 3 voting members shall each be appointed for a term of 2 years. (3) Date of initial nominations The initial nominations for the appointment of all voting members of the Board of Directors shall be made not later than 60 days after the date of enactment of this Act. (4) Beginning of term The term of each of the initial voting members appointed under this section shall commence immediately upon the date of appointment, except that, for purposes of calculating the term limits specified in this subsection, the initial terms shall each be construed as beginning on January 22 of the year following the date of the initial appointment. (5) Vacancies A vacancy in the position of a voting member of the Board of Directors shall be filled by the President, and a member appointed to fill a vacancy on the Board of Directors occurring before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of that term. (e) Meetings (1) Open to the public; notice Except as provided in paragraph (3), all meetings of the Board of Directors shall be— (A) open to the public; and (B) preceded by reasonable public notice. (2) Frequency The Board of Directors shall meet not later than 60 days after the date on which all members of the Board of Directors are first appointed, at least quarterly thereafter, and otherwise at the call of either the Chairperson or 5 voting members of the Board of Directors. (3) Exception for closed meetings The voting members of the Board of Directors may, by majority vote, close a meeting to the public if, during the meeting to be closed, there is likely to be disclosed proprietary or sensitive information regarding an infrastructure project under consideration for assistance under this part. The Board of Directors shall prepare minutes of any meeting that is closed to the public, and shall make such minutes available as soon as practicable, not later than 1 year after the date of the closed meeting, with any necessary redactions to protect any proprietary or sensitive information. (4) Quorum For purposes of meetings of the Board of Directors, 5 voting members of the Board of Directors shall constitute a quorum. (f) Compensation of members Each voting member of the Board of Directors shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Board of Directors. (g) Conflicts of interest A voting member of the Board of Directors may not participate in any review or decision affecting an infrastructure project under consideration for assistance under this part, if the member has or is affiliated with an entity who has a financial interest in such project. 767. Chief executive officer of AIFA (a) In general The chief executive officer of AIFA shall be a nonvoting member of the Board of Directors, who shall be responsible for all activities of AIFA, and shall support the Board of Directors as set forth in this part and as the Board of Directors deems necessary or appropriate. (b) Appointment and tenure of the chief executive officer (1) In general The President shall appoint the chief executive officer, by and with the advice and consent of the Senate. (2) Term The chief executive officer shall be appointed for a term of 6 years. (3) Vacancies Any vacancy in the office of the chief executive officer shall be filled by the President, and the person appointed to fill a vacancy in that position occurring before the expiration of the term for which the predecessor was appointed shall be appointed only for the remainder of that term. (c) Qualifications The chief executive officer— (1) shall have significant expertise in management and administration of a financial institution, or significant expertise in the financing and development of infrastructure projects, or significant expertise in analyzing the economic benefits of infrastructure investment; and (2) may not— (A) hold any other public office; (B) have any financial interest in an infrastructure project then being considered by the Board of Directors, unless that interest is placed in a blind trust; or (C) have any financial interest in an investment institution or its affiliates or any other entity seeking or likely to seek financial assistance for any infrastructure project from AIFA, unless any such interest is placed in a blind trust for the tenure of the service of the chief executive officer plus 2 additional years. (d) Responsibilities The chief executive officer shall have such executive functions, powers, and duties as may be prescribed by this part, the bylaws of AIFA, or the Board of Directors, including— (1) responsibility for the development and implementation of the strategy of AIFA, including— (A) the development and submission to the Board of Directors of the investment prospectus, the annual business plans and budget; (B) the development and submission to the Board of Directors of a long-term strategic plan; and (C) the development, revision, and submission to the Board of Directors of internal policies; and (2) responsibility for the management and oversight of the daily activities, decisions, operations, and personnel of AIFA, including— (A) the appointment of senior management, subject to approval by the voting members of the Board of Directors, and the hiring and termination of all other AIFA personnel; (B) requesting the detail, on a reimbursable basis, of personnel from any Federal agency having specific expertise not available from within AIFA, following which request the head of the Federal agency may detail, on a reimbursable basis, any personnel of such agency reasonably requested by the chief executive officer; (C) assessing and recommending in the first instance, for ultimate approval or disapproval by the Board of Directors, compensation and adjustments to compensation of senior management and other personnel of AIFA as may be necessary for carrying out the functions of AIFA; (D) ensuring, in conjunction with the general counsel of AIFA, that all activities of AIFA are carried out in compliance with applicable law; (E) overseeing the involvement of AIFA in all projects, including— (i) developing eligible projects for AIFA financial assistance; (ii) determining the terms and conditions of all financial assistance packages; (iii) monitoring all infrastructure projects assisted by AIFA, including responsibility for ensuring that the proceeds of any loan made, guaranteed, or participated in are used only for the purposes for which the loan or guarantee was made; (iv) preparing and submitting for approval by the Board of Directors the documents required under paragraph (1); and (v) ensuring the implementation of decisions of the Board of Directors; and (F) such other activities as may be necessary or appropriate in carrying out this part. (e) Compensation (1) In general Any compensation assessment or recommendation by the chief executive officer under this section shall be without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code. (2) Considerations The compensation assessment or recommendation required under this subsection shall take into account merit principles, where applicable, as well as the education, experience, level of responsibility, geographic differences, and retention and recruitment needs in determining compensation of personnel. 768. Powers and duties of the Board of Directors The Board of Directors shall— (1) as soon as is practicable after the date on which all members are appointed, approve or disapprove senior management appointed by the chief executive officer; (2) not later than 180 days after the date on which all members are appointed— (A) develop and approve the bylaws of AIFA, including bylaws for the regulation of the affairs and conduct of the business of AIFA, consistent with the purpose, goals, objectives, and policies set forth in this part; (B) establish subcommittees, including an audit committee that is composed solely of members of the Board of Directors who are independent of the senior management of AIFA; (C) develop and approve, in consultation with senior management, a conflict-of-interest policy for the Board of Directors and for senior management; (D) approve or disapprove internal policies that the chief executive officer shall submit to the Board of Directors, including— (i) policies regarding the loan application and approval process, including— (I) disclosure and application procedures to be followed by entities in the course of nominating infrastructure projects for assistance under this part; (II) guidelines for the selection and approval of projects; (III) specific criteria for determining eligibility for project selection, consistent with title II; and (IV) standardized terms and conditions, fee schedules, or legal requirements of a contract or program, so as to carry out this part; and (ii) operational guidelines; and (E) approve or disapprove a multi-year or 1-year business plan and budget for AIFA; (3) ensure that AIFA is at all times operated in a manner that is consistent with this part, by— (A) monitoring and assessing the effectiveness of AIFA in achieving its strategic goals; (B) periodically reviewing internal policies; (C) reviewing and approving annual business plans, annual budgets, and long-term strategies submitted by the chief executive officer; (D) reviewing and approving annual reports submitted by the chief executive officer; (E) engaging one or more external auditors, as set forth in this part; and (F) reviewing and approving all changes to the organization of senior management; (4) appoint and fix, by a vote of 5 of the 7 voting members of the Board of Directors, and without regard to the provisions of chapter 51 or subchapter III of chapter 53 of title 5, United States Code, the compensation and adjustments to compensation of all AIFA personnel, provided that in appointing and fixing any compensation or adjustments to compensation under this paragraph, the Board shall— (A) consult with, and seek to maintain comparability with, other comparable Federal personnel; (B) consult with the Office of Personnel Management; and (C) carry out such duties consistent with merit principles, where applicable, as well as the education, experience, level of responsibility, geographic differences, and retention and recruitment needs in determining compensation of personnel; (5) establish such other criteria, requirements, or procedures as the Board of Directors may consider to be appropriate in carrying out this part; (6) serve as the primary liaison for AIFA in interactions with Congress, the Executive Branch, and State and local governments, and to represent the interests of AIFA in such interactions and others; (7) approve by a vote of 5 of the 7 voting members of the Board of Directors any changes to the bylaws or internal policies of AIFA; (8) have the authority and responsibility— (A) to oversee entering into and carry out such contracts, leases, cooperative agreements, or other transactions as are necessary to carry out this part with— (i) any Federal department or agency; (ii) any State, territory, or possession (or any political subdivision thereof, including State infrastructure banks) of the United States; and (iii) any individual, public-private partnership, firm, association, or corporation; (B) to approve of the acquisition, lease, pledge, exchange, and disposal of real and personal property by AIFA and otherwise approve the exercise by AIFA of all of the usual incidents of ownership of property, to the extent that the exercise of such powers is appropriate to and consistent with the purposes of AIFA; (C) to determine the character of, and the necessity for, the obligations and expenditures of AIFA, and the manner in which the obligations and expenditures will be incurred, allowed, and paid, subject to this part and other Federal law specifically applicable to wholly owned Federal corporations; (D) to execute, in accordance with applicable bylaws and regulations, appropriate instruments; (E) to approve other forms of credit enhancement that AIFA may provide to eligible projects, as long as the forms of credit enhancements are consistent with the purposes of this part and terms set forth in title II; (F) to exercise all other lawful powers which are necessary or appropriate to carry out, and are consistent with, the purposes of AIFA; (G) to sue or be sued in the corporate capacity of AIFA in any court of competent jurisdiction; (H) to indemnify the members of the Board of Directors and officers of AIFA for any liabilities arising out of the actions of the members and officers in such capacity, in accordance with, and subject to the limitations contained in this part; (I) to review all financial assistance packages to all eligible infrastructure projects, as submitted by the chief executive officer and to approve, postpone, or deny the same by majority vote; (J) to review all restructuring proposals submitted by the chief executive officer, including assignation, pledging, or disposal of the interest of AIFA in a project, including payment or income from any interest owned or held by AIFA, and to approve, postpone, or deny the same by majority vote; and (K) to enter into binding commitments, as specified in approved financial assistance packages; (9) delegate to the chief executive officer those duties that the Board of Directors deems appropriate, to better carry out the powers and purposes of the Board of Directors under this section; and (10) to approve a maximum aggregate amount of outstanding obligations of AIFA at any given time, taking into consideration funding, and the size of AIFA’s addressable market for infrastructure projects. 769. Senior management (a) In general Senior management shall support the chief executive officer in the discharge of the responsibilities of the chief executive officer. (b) Appointment of senior management The chief executive officer shall appoint such senior managers as are necessary to carry out the purpose of AIFA, as approved by a majority vote of the voting members of the Board of Directors. (c) Term Each member of senior management shall serve at the pleasure of the chief executive officer and the Board of Directors. (d) Removal of senior management Any member of senior management may be removed, either by a majority of the voting members of the Board of Directors upon request by the chief executive officer, or otherwise by vote of not fewer than 5 voting members of the Board of Directors. (e) Senior management (1) In general Each member of senior management shall report directly to the chief executive officer, other than the Chief Risk Officer, who shall report directly to the Board of Directors. (2) Duties and responsibilities (A) Chief financial officer The Chief Financial Officer shall be responsible for all financial functions of AIFA, provided that, at the discretion of the Board of Directors, specific functions of the Chief Financial Officer may be delegated externally. (B) Chief risk officer The Chief Risk Officer shall be responsible for all functions of AIFA relating to— (i) the creation of financial, credit, and operational risk management guidelines and policies; (ii) credit analysis for infrastructure projects; (iii) the creation of conforming standards for infrastructure finance agreements; (iv) the monitoring of the financial, credit, and operational exposure of AIFA; and (v) risk management and mitigation actions, including by reporting such actions, or recommendations of such actions to be taken, directly to the Board of Directors. (C) Chief compliance officer The Chief Compliance Officer shall be responsible for all functions of AIFA relating to internal audits, accounting safeguards, and the enforcement of such safeguards and other applicable requirements. (D) General counsel The General Counsel shall be responsible for all functions of AIFA relating to legal matters and, in consultation with the chief executive officer, shall be responsible for ensuring that AIFA complies with all applicable law. (E) Chief operations officer The Chief Operations Officer shall be responsible for all operational functions of AIFA, including those relating to the continuing operations and performance of all infrastructure projects in which AIFA retains an interest and for all AIFA functions related to human resources. (F) Chief lending officer The Chief Lending Officer shall be responsible for— (i) all functions of AIFA relating to the development of project pipeline, financial structuring of projects, selection of infrastructure projects to be reviewed by the Board of Directors, preparation of infrastructure projects to be presented to the Board of Directors, and set aside for rural infrastructure projects; (ii) the creation and management of— (I) a Center for Excellence to provide technical assistance to public sector borrowers in the development and financing of infrastructure projects; and (II) an Office of Rural Assistance to provide technical assistance in the development and financing of rural infrastructure projects; and (iii) the establishment of guidelines to ensure diversification of lending activities by region, infrastructure project type, and project size. (f) Changes to senior management The Board of Directors, in consultation with the chief executive officer, may alter the structure of the senior management of AIFA at any time to better accomplish the goals, objectives, and purposes of AIFA, provided that the functions of the Chief Financial Officer set forth in subsection (e) remain separate from the functions of the Chief Risk Officer set forth in subsection (e). (g) Conflicts of interest No individual appointed to senior management may— (1) hold any other public office; (2) have any financial interest in an infrastructure project then being considered by the Board of Directors, unless that interest is placed in a blind trust; or (3) have any financial interest in an investment institution or its affiliates, AIFA or its affiliates, or other entity then seeking or likely to seek financial assistance for any infrastructure project from AIFA, unless any such interest is placed in a blind trust during the term of service of that individual in a senior management position, and for a period of 2 years thereafter. 770. Special Inspector General for AIFA (a) In general During the first 5 operating years of AIFA, the Office of the Inspector General of the Department of the Treasury shall have responsibility for AIFA. (b) Office of the special inspector general Effective 5 years after the date of enactment of the commencement of the operations of AIFA, there is established the Office of the Special Inspector General for AIFA. (c) Appointment of Inspector General; Removal (1) Head of office The head of the Office of the Special Inspector General for AIFA shall be the Special Inspector General for AIFA (in this part referred to as the Special Inspector General ), who shall be appointed by the President, by and with the advice and consent of the Senate. (2) Basis of appointment The appointment of the Special Inspector General shall be made on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (3) Timing of nomination The nomination of an individual as Special Inspector General shall be made as soon as is practicable after the effective date under subsection (b). (4) Removal The Special Inspector General shall be removable from office in accordance with the provisions of section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.). (5) Rule of construction For purposes of section 7324 of title 5, United States Code, the Special Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (6) Rate of pay The annual rate of basic pay of the Special Inspector General shall be the annual rate of basic pay for an Inspector General under section 3(e) of the Inspector General Act of 1978 (5 U.S.C. App.). (d) Duties (1) In general It shall be the duty of the Special Inspector General to conduct, supervise, and coordinate audits and investigations of the business activities of AIFA. (2) Other systems, procedures, and controls The Special Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Special Inspector General considers appropriate to discharge the duty under paragraph (1). (3) Additional duties In addition to the duties specified in paragraphs (1) and (2), the Inspector General shall also have the duties and responsibilities of inspectors general under the Inspector General Act of 1978. (e) Powers and authorities (1) In general In carrying out the duties specified in subsection (c), the Special Inspector General shall have the authorities provided in section 6 of the Inspector General Act of 1978. (2) Additional authority The Special Inspector General shall carry out the duties specified in subsection (c)(1) in accordance with section 4(b)(1) of the Inspector General Act of 1978. (f) Personnel, facilities, and other resources (1) Additional officers (A) The Special Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Special Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (B) The Special Inspector General may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of that section). (2) Retention of services The Special Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title. (3) Ability to contract for audits, studies, and other services The Special Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Special Inspector General. (4) Request for information (A) In general Upon request of the Special Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Special Inspector General, or an authorized designee. (B) Refusal to comply Whenever information or assistance requested by the Special Inspector General is, in the judgment of the Special Inspector General, unreasonably refused or not provided, the Special Inspector General shall report the circumstances to the Secretary of the Treasury, without delay. (g) Reports (1) Annual report Not later than 1 year after the confirmation of the Special Inspector General, and every calendar year thereafter, the Special Inspector General shall submit to the President a report summarizing the activities of the Special Inspector General during the previous 1-year period ending on the date of such report. (2) Public disclosures Nothing in this subsection shall be construed to authorize the public disclosure of information that is— (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. 771. Other personnel Except as otherwise provided in the bylaws of AIFA, the chief executive officer, in consultation with the Board of Directors, shall appoint, remove, and define the duties of such qualified personnel as are necessary to carry out the powers, duties, and purpose of AIFA, other than senior management, who shall be appointed in accordance with section 769. 772. Compliance The provision of assistance by the Board of Directors pursuant to this part shall not be construed as superseding any provision of State law or regulation otherwise applicable to an infrastructure project. C Terms and limitations on direct loans and loan guarantees 773. Eligibility criteria for assistance from AIFA and terms and limitations of loans (a) In general Any project whose use or purpose is private and for which no public benefit is created shall not be eligible for financial assistance from AIFA under this part. Financial assistance under this part shall only be made available if the applicant for such assistance has demonstrated to the satisfaction of the Board of Directors that the infrastructure project for which such assistance is being sought— (1) is not for the refinancing of an existing infrastructure project; and (2) meets— (A) any pertinent requirements set forth in this part; (B) any criteria established by the Board of Directors or chief executive officer in accordance with this part; and (C) the definition of a transportation infrastructure project, water infrastructure project, or energy infrastructure project. (b) Considerations The criteria established by the Board of Directors pursuant to this part shall provide adequate consideration of— (1) the economic, financial, technical, environmental, and public benefits and costs of each infrastructure project under consideration for financial assistance under this part, prioritizing infrastructure projects that— (A) contribute to regional or national economic growth; (B) offer value for money to taxpayers; (C) demonstrate a clear and significant public benefit; (D) lead to job creation; and (E) mitigate environmental concerns; (2) the means by which development of the infrastructure project under consideration is being financed, including— (A) the terms, conditions, and structure of the proposed financing; (B) the credit worthiness and standing of the project sponsors, providers of equity, and cofinanciers; (C) the financial assumptions and projections on which the infrastructure project is based; and (D) whether there is sufficient State or municipal political support for the successful completion of the infrastructure project; (3) the likelihood that the provision of assistance by AIFA will cause such development to proceed more promptly and with lower costs than would be the case without such assistance; (4) the extent to which the provision of assistance by AIFA maximizes the level of private investment in the infrastructure project or supports a public-private partnership, while providing a significant public benefit; (5) the extent to which the provision of assistance by AIFA can mobilize the participation of other financing partners in the infrastructure project; (6) the technical and operational viability of the infrastructure project; (7) the proportion of financial assistance from AIFA; (8) the geographic location of the project in an effort to have geographic diversity of projects funded by AIFA; (9) the size of the project and its impact on the resources of AIFA; (10) the infrastructure sector of the project, in an effort to have projects from more than one sector funded by AIFA; and (11) encourages use of innovative procurement, asset management, or financing to minimize the all-in-life-cycle cost, and improve the cost-effectiveness of a project. (c) Application (1) In general Any eligible entity seeking assistance from AIFA under this part for an eligible infrastructure project shall submit an application to AIFA at such time, in such manner, and containing such information as the Board of Directors or the chief executive officer may require. (2) Review of applications AIFA shall review applications for assistance under this part on an ongoing basis. The chief executive officer, working with the senior management, shall prepare eligible infrastructure projects for review and approval by the Board of Directors. (3) Dedicated revenue sources The Federal credit instrument shall be repayable, in whole or in part, from tolls, user fees, or other dedicated revenue sources that also secure the infrastructure project obligations. (d) Eligible infrastructure project costs (1) In general Except as provided in paragraph (2), to be eligible for assistance under this part, an infrastructure project shall have project costs that are reasonably anticipated to equal or exceed $100,000,000. (2) Rural infrastructure projects To be eligible for assistance under this part a rural infrastructure project shall have project costs that are reasonably anticipated to equal or exceed $25,000,000. (e) Loan eligibility and maximum amounts (1) In general The amount of a direct loan or loan guarantee under this part shall not exceed the lesser of 50 percent of the reasonably anticipated eligible infrastructure project costs or, if the direct loan or loan guarantee does not receive an investment grade rating, the amount of the senior project obligations. (2) Maximum annual loan and loan guarantee volume The aggregate amount of direct loans and loan guarantees made by AIFA in any single fiscal year may not exceed— (A) during the first 2 fiscal years of the operations of AIFA, $10,000,000,000; (B) during fiscal years 3 through 9 of the operations of AIFA, $20,000,000,000; or (C) during any fiscal year thereafter, $50,000,000,000. (f) State and local permits required The provision of assistance by the Board of Directors pursuant to this part shall not be deemed to relieve any recipient of such assistance, or the related infrastructure project, of any obligation to obtain required State and local permits and approvals. 774. Loan terms and repayment (a) In general A direct loan or loan guarantee under this part with respect to an eligible infrastructure project shall be on such terms, subject to such conditions, and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the chief executive officer determines appropriate. (b) Terms A direct loan or loan guarantee under this part— (1) shall— (A) be payable, in whole or in part, from tolls, user fees, or other dedicated revenue sources that also secure the senior project obligations (such as availability payments and dedicated State or local revenues); and (B) include a rate covenant, coverage requirement, or similar security feature supporting the project obligations; and (2) may have a lien on revenues described in paragraph (1), subject to any lien securing project obligations. (c) Base interest rate The base interest rate on a direct loan under this part shall be not less than the yield on United States Treasury obligations of a similar maturity to the maturity of the direct loan. (d) Risk assessment Before entering into an agreement for assistance under this part, the chief executive officer, in consultation with the Director of the Office of Management and Budget and considering rating agency preliminary or final rating opinion letters of the project under this section, shall estimate an appropriate Federal credit subsidy amount for each direct loan and loan guarantee, taking into account such letter, as well as any comparable market rates available for such a loan or loan guarantee, should any exist. The final credit subsidy cost for each loan and loan guarantee shall be determined consistent with the Federal Credit Reform Act, 2 U.S.C. 661a et seq. (e) Credit fee With respect to each agreement for assistance under this part, the chief executive officer may charge a credit fee to the recipient of such assistance to pay for, over time, all or a portion of the Federal credit subsidy determined under subsection (d), with the remainder paid by the account established for AIFA; provided, that the source of fees paid under this section shall not be a loan or debt obligation guaranteed by the Federal Government. In the case of a direct loan, such credit fee shall be in addition to the base interest rate established under subsection (c). (f) Maturity date The final maturity date of a direct loan or loan guaranteed by AIFA under this part shall be not later than 35 years after the date of substantial completion of the infrastructure project, as determined by the chief executive officer. (g) Rating opinion letter (1) In general The chief executive officer shall require each applicant for assistance under this part to provide a rating opinion letter from at least 1 ratings agency, indicating that the senior obligations of the infrastructure project, which may be the Federal credit instrument, have the potential to achieve an investment-grade rating. (2) Rural infrastructure projects With respect to a rural infrastructure project, a rating agency opinion letter described in paragraph (1) shall not be required, except that the loan or loan guarantee shall receive an internal rating score, using methods similar to the ratings agencies generated by AIFA, measuring the proposed direct loan or loan guarantee against comparable direct loans or loan guarantees of similar credit quality in a similar sector. (h) Investment-Grade rating requirement (1) Loans and loan guarantees The execution of a direct loan or loan guarantee under this part shall be contingent on the senior obligations of the infrastructure project receiving an investment-grade rating. (2) Rating of aifa overall portfolio The average rating of the overall portfolio of AIFA shall be not less than investment grade after 5 years of operation. (i) Terms and repayment of direct loans (1) Schedule The chief executive officer shall establish a repayment schedule for each direct loan under this part, based on the projected cash flow from infrastructure project revenues and other repayment sources. (2) Commencement Scheduled loan repayments of principal or interest on a direct loan under this part shall commence not later than 5 years after the date of substantial completion of the infrastructure project, as determined by the chief executive officer of AIFA. (3) Deferred payments of direct loans (A) Authorization If, at any time after the date of substantial completion of an infrastructure project assisted under this part, the infrastructure project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the direct loan under this part, the chief executive officer may allow the obligor to add unpaid principal and interest to the outstanding balance of the direct loan, if the result would benefit the taxpayer. (B) Interest Any payment deferred under subparagraph (A) shall— (i) continue to accrue interest, in accordance with the terms of the obligation, until fully repaid; and (ii) be scheduled to be amortized over the remaining term of the loan. (C) Criteria (i) In general Any payment deferral under subparagraph (A) shall be contingent on the infrastructure project meeting criteria established by the Board of Directors. (ii) Repayment standards The criteria established under clause (i) shall include standards for reasonable assurance of repayment. (4) Prepayment of direct loans (A) Use of excess revenues Any excess revenues that remain after satisfying scheduled debt service requirements on the infrastructure project obligations and direct loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations under this part may be applied annually to prepay the direct loan, without penalty. (B) Use of proceeds of refinancing A direct loan under this part may be prepaid at any time, without penalty, from the proceeds of refinancing from non-Federal funding sources. (5) Sale of direct loans (A) In general As soon as is practicable after substantial completion of an infrastructure project assisted under this part, and after notifying the obligor, the chief executive officer may sell to another entity, or reoffer into the capital markets, a direct loan for the infrastructure project, if the chief executive officer determines that the sale or reoffering can be made on favorable terms for the taxpayer. (B) Consent of obligor In making a sale or reoffering under subparagraph (A), the chief executive officer may not change the original terms and conditions of the direct loan, without the written consent of the obligor. (j) Loan guarantees (1) Terms The terms of a loan guaranteed by AIFA under this part shall be consistent with the terms set forth in this section for a direct loan, except that the rate on the guaranteed loan and any payment, pre-payment, or refinancing features shall be negotiated between the obligor and the lender, with the consent of the chief executive officer. (2) Guaranteed lender A guaranteed lender shall be limited to those lenders meeting the definition of that term in section 601(a) of title 23, United States Code. (k) Compliance with FCRA; in general Direct loans and loan guarantees authorized by this part shall be subject to the provisions of the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. ), as amended. 775. Compliance and enforcement (a) Credit agreement Notwithstanding any other provision of law, each eligible entity that receives assistance under this part from AIFA shall enter into a credit agreement that requires such entity to comply with all applicable policies and procedures of AIFA, in addition to all other provisions of the loan agreement. (b) AIFA authority on noncompliance In any case in which a recipient of assistance under this part is materially out of compliance with the loan agreement, or any applicable policy or procedure of AIFA, the Board of Directors may take action to cancel unutilized loan amounts, or to accelerate the repayment terms of any outstanding obligation. (c) Nothing in this part is intended to affect existing provisions of law applicable to the planning, development, construction, or operation of projects funded under the Act. 776. Audits; reports to the President and Congress (a) Accounting The books of account of AIFA shall be maintained in accordance with generally accepted accounting principles, and shall be subject to an annual audit by independent public accountants of nationally recognized standing appointed by the Board of Directors. (b) Reports (1) Board of directors Not later than 90 days after the last day of each fiscal year, the Board of Directors shall submit to the President and Congress a complete and detailed report with respect to the preceding fiscal year, setting forth— (A) a summary of the operations of AIFA, for such fiscal year; (B) a schedule of the obligations of AIFA and capital securities outstanding at the end of such fiscal year, with a statement of the amounts issued and redeemed or paid during such fiscal year; (C) the status of infrastructure projects receiving funding or other assistance pursuant to this part during such fiscal year, including all nonperforming loans, and including disclosure of all entities with a development, ownership, or operational interest in such infrastructure projects; (D) a description of the successes and challenges encountered in lending to rural communities, including the role of the Center for Excellence and the Office of Rural Assistance established under this part; and (E) an assessment of the risks of the portfolio of AIFA, prepared by an independent source. (2) GAO Not later than 5 years after the date of enactment of this part, the Comptroller General of the United States shall conduct an evaluation of, and shall submit to Congress a report on, activities of AIFA for the fiscal years covered by the report that includes an assessment of the impact and benefits of each funded infrastructure project, including a review of how effectively each such infrastructure project accomplished the goals prioritized by the infrastructure project criteria of AIFA. (c) Books and records (1) In general AIFA shall maintain adequate books and records to support the financial transactions of AIFA, with a description of financial transactions and infrastructure projects receiving funding, and the amount of funding for each such project maintained on a publically accessible database. (2) Audits by the Secretary and GAO The books and records of AIFA shall at all times be open to inspection by the Secretary of the Treasury, the Special Inspector General, and the Comptroller General of the United States. D Funding of AIFA 777. Administrative fees (a) In general In addition to fees that may be collected under section 774(e), the chief executive officer shall establish and collect fees from eligible funding recipients with respect to loans and loan guarantees under this part that— (1) are sufficient to cover all or a portion of the administrative costs to the Federal Government for the operations of AIFA, including the costs of expert firms, including counsel in the field of municipal and project finance, and financial advisors to assist with underwriting, credit analysis, or other independent reviews, as appropriate; (2) may be in the form of an application or transaction fee, or other form established by the CEO; and (3) may be based on the risk premium associated with the loan or loan guarantee, taking into consideration— (A) the price of United States Treasury obligations of a similar maturity; (B) prevailing market conditions; (C) the ability of the infrastructure project to support the loan or loan guarantee; and (D) the total amount of the loan or loan guarantee. (b) Availability of amounts Amounts collected under subsections (a)(1), (a)(2), and (a)(3) shall be available without further action; provided further, that the source of fees paid under this section shall not be a loan or debt obligation guaranteed by the Federal Government. 778. Efficiency of AIFA The chief executive officer shall, to the extent possible, take actions consistent with this part to minimize the risk and cost to the taxpayer of AIFA activities. Fees and premiums for loan guarantee or insurance coverage will be set at levels that minimize administrative and Federal credit subsidy costs to the Government, as defined in Section 502 of the Federal Credit Reform Act of 1990, as amended, of such coverage, while supporting achievement of the program’s objectives, consistent with policies as set forth in the Business Plan. 779. Funding There is hereby appropriated to AIFA to carry out this part, for the cost of direct loans and loan guarantees subject to the limitations under section 773, and for administrative costs, $10,000,000,000, to remain available until expended; provided, that such costs, including the costs of modifying such loans, shall be as defined in section 502 of the Federal Credit Reform Act of 1990, as amended; provided further, that of this amount, not more than $25,000,000 for each of fiscal years 2013 through 2014, and not more than $50,000,000 for fiscal year 2015 may be used for administrative costs of AIFA; provided further, that not more than 5 percent of such amount shall be used to offset subsidy costs associated with rural projects. Amounts authorized shall be available without further action. E Extension of exemption from alternative minimum tax treatment for certain tax-Exempt bonds 780. Extension of exemption from alternative minimum tax treatment for certain tax-exempt bonds (a) In general Clause (vi) of section 57(a)(5)(C) of the Internal Revenue Code of 1986 is amended— (1) by striking January 1, 2011 in subclause (I) and inserting January 1, 2014 ; and (2) by striking and 2010 in the heading and inserting , 2010, 2011, 2012 and 2013 . (b) Adjusted current earnings Clause (iv) of section 56(g)(4)(B) of the Internal Revenue Code of 1986 is amended— (1) by striking January 1, 2011 in subclause (I) and inserting January 1, 2014 ; and (2) by striking AND 2010 in the heading and inserting , 2010, 2011, 2012 and 2013 . (c) Effective date The amendments made by this section shall apply to obligations issued after December 31, 2010.

https://www.govinfo.gov/content/pkg/BILLS-113hr505ih/xml/BILLS-113hr505ih.xml

113-hr-506

I 113th CONGRESS 1st Session H. R. 506 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Cohen (for himself, Mr. Poe of Texas , Mr. Costa , Ms. Bordallo , and Mr. Deutch ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to strengthen enforcement of spousal court-ordered property distributions, and for other purposes. 1. Short title This Act may be cited as the Jane’s Law . 2. Spousal obligations (a) In General Chapter 11A of title 18, United States Code, is amended by adding at the end the following: 228A. Failure to pay legal spousal court-ordered property distribution (a) Offense Whoever knowingly, travels in interstate or foreign commerce, with the intent to evade compliance with a court ordered property distribution as part of a separation or divorce settlement involving more than $5,000, with respect to a spouse or former spouse, shall be fined under this title or imprisoned for not more than two years or both. (b) Mandatory Restitution Upon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid property distribution. (c) Definition The term court ordered property distribution means any amount determined under a court order pursuant to the law of a State or of an Indian tribe to be due from a spouse or former spouse as an equitable or other distribution to a spouse or former spouse of assets in connection with a separation or divorce. . (b) Clerical amendments (1) Table of sections The table of sections at the beginning of chapter 11A of title 18, United States Code, is amended by adding at the end the following new item: 228A. Failure to pay legal spousal obligations. . (2) Table of chapters The item in the table of chapters for part I of title 18, United States Code, relating to chapter 11A is amended to read as follows: 11A. Child support and spousal obligations 228 .

https://www.govinfo.gov/content/pkg/BILLS-113hr506ih/xml/BILLS-113hr506ih.xml

113-hr-507

I 113th CONGRESS 1st Session H. R. 507 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the conveyance of certain land inholdings owned by the United States to the Pascua Yaqui Tribe of Arizona, and for other purposes. 1. Short title This Act may be cited as the Pascua Yaqui Tribe Trust Land Act . 2. Definitions For the purposes of this Act, the following definitions apply: (1) District The term District means the Tucson Unified School District, a school district recognized as such under the laws of the State of Arizona. (2) Map The term map means the map titled PYT Land Department and dated January 15, 2013. (3) Secretary The term Secretary means the Secretary of the Interior. (4) Tribe The term Tribe means the Pascua Yaqui Tribe of Arizona, a federally recognized Indian tribe. 3. Lands to be held in trust (a) Parcel A Subject to subsection (c) and to valid existing rights, all right, title, and interest of the United States in and to the approximately 10 acres of Federal lands generally depicted on the map as Parcel A are declared to be held in trust by the United States for the benefit of the Tribe. (b) Parcel B Subject to subsection (c) and valid existing rights, all right, title, and interest of the United States in and to the approximately 10 acres of Federal lands generally depicted on the map as Parcel B are declared to be held in trust by the United States for the benefit of the Tribe. (c) Effective date Subsections (a) and (b) shall take effect on the day after the date on which— (1) the District relinquishes all right, title, and interest of the District in and to the land described in subsection (b); and (2) the Secretary (or a delegate of the Secretary) approves and records the lease agreement between the Tribe and the District for the construction and operation of a regional transportation facility located on the restricted Indian land of the Tribe in accordance with the requirements of the first section of the Act entitled An Act to authorize the leasing of restricted Indian lands for public, religious, educational, recreational, residential, business, and other purposes requiring the grant of long-term leases , approved August 9, 1955 (25 U.S.C. 415), and part 162 of title 25, Code of Federal Regulations (including successor regulations). 4. Gaming prohibition The Tribe may not conduct gaming activities on the lands held in trust under this Act, as a matter of claimed inherent authority, or under the authority of any Federal law, including the Indian Gaming Regulatory Act ( 25 U.S.C. 2701 et seq. ) or under any regulations thereunder promulgated by the Secretary or the National Indian Gaming Commission. 5. Water rights (a) In general There shall not be Federal reserved rights to surface water or groundwater for any land taken into trust by the United States for the benefit of the Tribe under this Act. (b) State water rights The Tribe retains any right or claim to water under State law for any land taken into trust by the United States for the benefit of the Tribe under this Act. (c) Forfeiture or abandonment Any water rights that are appurtenant to land taken into trust by the United States for the benefit of the Tribe under this Act may not be forfeited or abandoned. (d) Administration Nothing in this Act affects or modifies any right of the Tribe or any obligation of the United States under Public Law 95–375 ( 25 U.S.C. 1300f et seq. ).

https://www.govinfo.gov/content/pkg/BILLS-113hr507ih/xml/BILLS-113hr507ih.xml

113-hr-508

I 113th CONGRESS 1st Session H. R. 508 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Grimm (for himself, Mrs. Carolyn B. Maloney of New York , Mr. Sessions , Mr. Carson of Indiana , Mr. King of New York , Mr. Meeks , Mr. Ross , Mr. Bishop of New York , Mr. Duffy , and Mrs. McCarthy of New York ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To extend the Terrorism Risk Insurance Program for five years. 1. Short title This Act may be cited as the Terrorism Risk Insurance Act of 2002 Reauthorization Act of 2013 or the TRIA Reauthorization Act of 2013 . 2. Five-year extension of Terrorism Risk Insurance Program (a) Program years Section 102(11)(G) of the Terrorism Risk Insurance Act of 2002 ( 15 U.S.C. 6701 note) is amended by striking 2014 and inserting 2019 . (b) Timing of mandatory recoupment Section 103(e)(7)(E)(i)(III) of such Act is amended by striking 2017 and inserting 2024 . (c) Termination date Section 108(a) of such Act is amended by striking 2014 and inserting 2019 .

https://www.govinfo.gov/content/pkg/BILLS-113hr508ih/xml/BILLS-113hr508ih.xml

113-hr-509

I 113th CONGRESS 1st Session H. R. 509 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Harper (for himself and Mrs. McMorris Rodgers ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Rehabilitation Act of 1973 to authorize grants for the transition of youths with significant disabilities to adulthood, and for other purposes. 1. Short title This Act may be cited as the Transition toward Excellence, Achievement, and Mobility through Employment Act of 2013 or TEAM-Employment Act of 2013 . 2. Findings and purposes (a) Findings Congress finds the following: (1) Disability is a natural part of the human experience and in no way should diminish the opportunity of citizens with disabilities, including individuals with the most significant disabilities, for full participation in society (including school, work, family, social engagement, interpersonal relationships, and community), independent living, and economic self sufficiency. (2) Self-determination and informed choice are essential elements in all program and service options. (3) Work for pay (employment) is a valued activity both for individuals and society. Employment provides both tangible and intangible benefits. Employment helps people achieve independence and economic self-sufficiency. Employment also gives people purpose, dignity, self-esteem, and a sense of accomplishment and pride as well as an ability to contribute to society as a whole. (4) Individuals with disabilities, including those with the most significant disabilities, should enjoy a presumption that they can achieve integrated employment with appropriate services and supports. (5) More than 30 years of research and experience demonstrates that all youth, including youth with disabilities, achieve better outcomes when they have access to— (A) high-quality standards-based education in an inclusive setting; (B) information about career options and exposure to the world of work, including structured internships; (C) participation in post-secondary education; (D) opportunities to develop social, civic, and leadership skills; (E) strong connections to caring adults; (F) safe places to interact with their peers; and (G) support services and specific accommodations to allow them to become independent adults. (6) The diverse and complex needs of today’s youth cannot be met by one’s family, school district, government program, or private organization acting alone. The successful transition of all youth to adulthood and a productive, independent, self-sufficient life demands coordination and collaboration across agencies, along with an integrated services approach to serving youth at the Federal, State, and local levels. (b) Purposes The purposes of this Act are the following: (1) To create a systemic focus on cultivating the high expectations for youth with significant disabilities to transition successfully into adulthood and be able to work in integrated employment, earn a liveable wage, and live independently in integrated communities through public policies that advance equality of opportunity, informed choice, employment first principles, and economic self-sufficiency. (2) To promote innovative strategies to foster academic, professional, and social inclusion, and the solidification of long-term services and supports required to ensure full integration into the society (including school, work, family, social engagement, interpersonal relationships, and community living). (3) To better define and coordinate specific services related to the effective transition of youth with significant disabilities. (4) To eliminate barriers and provide incentives for multiple stakeholders to collaborate and improve transition services for youth with significant disabilities. (5) To create a holistic system across multiple Federal, State, and local public entities promoting employment first strategies and the successful transition of youth with significant disabilities into adulthood through strengthened coordination among and between public entities, including the alignment of planning processes, implementation systems, and funding streams. (6) To align, enhance, and improve performance and accountability measures among public entities involved in the transition of youth with significant disabilities into adulthood. (7) To provide financial incentives to States to align their planning processes across and within public entities involved in transitioning, strengthen and coordinate regulations to ensure cross-agency emphasis on the promotion of employment first policies and practices, and re­balance resources toward an employment first paradigm to focus on the preferred outcomes of advancing integrated employment, economic self-sufficiency, independent living, and community participation for youth and adults with significant disabilities. (8) To ensure proper level of professional development training of publicly financed service delivery professionals involved in the transition of youth with significant disabilities into adulthood on evidence-based promising practices. 3. Definitions (a) Assessment for determining eligibility and vocational rehabilitation needs Section 7(2) of the Rehabilitation Act of 1973 ( 29 U.S.C. 705(2) ) is amended— (1) in subparagraph (B)— (A) in clause (iii), by striking and at the end; (B) in clause (iv), by adding and at the end; and (C) by adding at the end the following new clause: (v) uses, to the maximum extent possible, information obtained from experiences in integrated employment settings in the community and other integrated community settings, and does not include information from assessments of experiences in sheltered workshops and similar segregated settings; ; and (2) by adding at the end the following: Such term shall be based on the presumption that the individual is capable of attaining post-secondary education, integrated employment, or both. . (b) Supported employment Section 7(35) of the Rehabilitation Act of 1973 (29 U.S.C. 705(35)) is amended— (1) in subparagraph (A), by striking , or employment in integrated work settings in which individuals are working toward competitive work and inserting or integrated employment ; and (2) by striking subparagraph (B) and inserting the following new subparagraph: (B) Minimum compensation and other requirements Such term includes placement in individual integrated employment settings and not in enclave or segregated settings, at the greater of minimum or competitive wages that are paid for by the employer, with benefits comparable to benefits of other employees. . (c) Supported employment services Section 7(36) of the Rehabilitation Act of 1973 ( 29 U.S.C. 705(36) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C)— (A) by striking 18 months and inserting 48 months ; and (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: (D) maximize integration of the individual within the workplace, with emphasis on facilitating the use of existing natural supports supplemented as necessary with staff supports paid for through funds authorized by the designated State unit; and (E) allow for activities related to customized employment, or a set of activities implemented during the search for employment leading to an integrated employment outcome for an individual with a disability, which includes a negotiated relationship with an employer that focuses on unmet needs and other specific value-added to employers rather than open, demand job slots; and a process of discovery, job seeker exploration, development of descriptive profile documents, individualized employment planning, development of innovative representation materials, completion of an employer needs analysis, job negotiation and representation by a job developer as determined by the individual. . (d) Transition services Section 7(37) of the Rehabilitation Act of 1973 ( 29 U.S.C. 705(37) ) is amended— (1) by striking The term and inserting the following: (A) In general The term ; (2) by inserting and customized employment after supported employment ; (3) by inserting , asset development services after adult services ; (4) by striking The coordinated set of activities and inserting the following: (B) Coordinated set of activities The coordinated set of activities ; (5) by striking objectives, and inserting the following: objectives; school-based preparatory experiences, career preparation, and integrated work-based learning experiences (inclusive of in-school, after school and work experiences outside the traditional school setting where other youth without disabilities are engaged in similar activities); youth development and leadership; connecting activities; training in self-advocacy, self-determination skills, and peer mentoring; family involvement and supports; ; and (6) by adding at the end the following new subparagraph: (C) Rule of construction Such term does not include the use of facility-based employment and activity settings, such as sheltered workshops, day habilitation centers, and enclave work settings. Additionally, the coordinated set of activities should lead to the attainment of at least one of the following outcomes: post-secondary education, long-term integrated employment (including supported employment or customized employment), asset development, independent living, and community participation. . (e) Other definitions Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705) is amended by adding at the end the following new paragraphs: (40) Asset development The term asset development means a strategy to assist low-income workers and job seekers, including individuals with disabilities, move toward economic security and greater financial self-sufficiency through income preservation, effective money and credit management, the pursuit of post-secondary education, the purchase of a home, business startup and growth, and the setting aside of resources for longer-term needs and retirement. (41) Asset development services The term asset development services means services relating to asset development, including services such as financial education, tax filing assistance and access to beneficial tax credits and other provisions, and use of social security work incentives and individual development accounts (IDAs) and coordination with other savings programs, including family self-sufficiency programs, college savings accounts, and home and small business ownership assistance. (42) Integrated employment The term integrated employment means work compensated at the greater of minimum wage or competitive wages with related employment benefits, occurring in a typical work setting where the employee with the disability interacts or has the opportunity to interact continuously with non-disabled co-workers, has an opportunity for advancement and mobility, and is preferably engaged in full-time employment. . 4. Demonstration and training programs (a) In general Section 303(b)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 773(b)(1)) is amended by adding at the end the following new sentence: The Commissioner may provide up to 10 grants to or enter into 10 contracts with (or a combination thereof, not to exceed a total of 10 grants and contracts) eligible entities under this subsection during a fiscal year. A grant provided or contract entered into under this subsection shall be provided or entered into, as the case may be, for a period of five years. An eligible entity may not receive more than one grant or enter into more than one contract during a five-year period. . (b) Effective date The amendment made by subsection (a) takes effect on the date of the enactment of this Act and applies with respect to grants provided under section 303(b) of the Rehabilitation Act of 1973 for fiscal years beginning on or after the date of the enactment of this Act. 5. Grants for transition of youths with significant disabilities to adulthood (a) In general Title III of the Rehabilitation Act of 1973 ( 29 U.S.C. 771 et seq. ) is amended by adding at the end the following new section: 307. Grants for transition of youths with significant disabilities to adulthood (a) Definitions In this section: (1) Braided funding The term braided funding means a resource utilization strategy to maximize the efficient access and use of existing resources through the coordination, sequencing, and integration of available funding from multiple public agencies and private sources. (2) Customized employment The term customized employment means a set of strategies implemented during the search for employment leading to an integrated employment outcome for an individual with a disability, which includes the following components: (A) A negotiated relationship with an employer that focuses on unmet needs and other specific value-added to the employer rather than open, demand job slots. (B) A process of discovery, job seeker exploration, development of descriptive profile documents, individualized employment planning, innovative representation materials, employer needs analysis, and representation by a job developer. (3) Employment first The term employment first — (A) means a delivery model of publicly financed supports for individuals with disabilities, including individuals with significant disabilities and individuals with the most significant disabilities, that effectuates on a systemic basis the presumption of integrated employment as the primary or preferred employment outcome of such individuals; and (B) includes policies, practices, and procedures promulgated through Federal and State governmental entities, including policies, practices, and procedures requiring that public systems have a statutory responsibility to provide services that align their priorities, funding and reimbursement practices, and policies and guidance to promote, encourage, incentivize, and prioritize services and supports that lead to integrated employment outcomes. (4) Person-centered planning process The term person-centered planning process means a process that enables and assists a youth with a significant disability to identify and access a personalized mix of paid and non-paid services and supports that will assist such youth to achieve individually defined outcomes in the most integrated community setting. (5) State Intellectual and Developmental Disabilities Agency The term State Intellectual and Developmental Disabilities Agency means the primary State agency or subdivision with administrative, programmatic, and operational responsibility for the full range of services and supports furnished to individuals with intellectual and developmental disabilities. (6) Youth with a significant disability In this subsection, the term youth with a significant disability means an individual who— (A) is an individual with a significant disability or an individual with a most significant disability; and (B) has attained the age of 14 but has not attained the age of 27. (b) Grants (1) In general For each of the fiscal years 2014 through 2018, the Assistant Secretary for Special Education and Rehabilitative Services, in cooperation with the officials specified in paragraph (2), is authorized to provide grants to eligible entities to carry out the activities authorized under this section. (2) Officials specified The officials specified in this paragraph are the Commissioner of the Agency on Developmental Disabilities, the Director of Medicaid Operations at the Centers for Medicare and Medicaid Services, and the Assistant Secretary of Labor for Disability Employment Policy. (3) Number of grants; duration; number of grants per eligible entity The Assistant Secretary for Special Education and Rehabilitative Services may provide up to 10 grants under this subsection during a fiscal year. A grant provided under this subsection shall be provided for a period of five years. An eligible entity may not receive more than one grant during a five-year period. (c) Eligible entities To be eligible to receive a grant under subsection (a), an entity shall be a consortium that— (1) consists of and is managed by, at a minimum, representatives from the State educational agency, the State Intellectual and Developmental Disabilities Agency, the State vocational rehabilitation agency, the State Medicaid agency, the State department of labor and workforce investment board, and the State department of higher education; (2) includes stakeholders who will be involved in the planning and implementation of funds made available through the grant, including— (A) representatives from local or regional University Centers for Excellence in Developmental Disabilities Education, Research, and Service, State protection advocacy and client assistance programs, State councils on developmental disabilities, and centers on independent living; and (B) representatives from self-advocacy organizations and family organizations; and (3) includes additional public and private individuals and entities with demonstrated expertise in providing transition services that result in post-secondary education, integrated employment, and economic advancement for individuals with significant disabilities and individuals with the most significant disabilities with expertise in the provision of supported employment services and customized employment strategies and that— (A) provide services resulting in integrated post-secondary education outcomes or integrated employment outcomes at the greater of minimum or competitive wages with access to related health and employment benefits; (B) have expertise in person-centered planning processes; or (C) have experience operating mentoring or advocacy training programs for individuals with significant disabilities and individuals with the most significant disabilities in culturally and socioeconomically diverse communities. (d) Application An eligible entity that desires to receive a grant under subsection (a) shall submit to the Assistant Secretary for Special Education and Rehabilitative Services an application at such time, in such manner, and including such information as the Assistant Secretary may require. Each application shall include— (1) an implementation plan, including the identification of the lead agency by the State, describing the actions the entity intends to take to carry out the activities authorized under this subsection; (2) assurances that a memorandum of understanding among the participating State agencies will be developed outlining key steps to be taken to collaborate and coordinate efforts to institute systemic change related to employment first, including braided funding and a uniform focus on improving outcomes in post-secondary education, integrated employment, and economic advancement for youths with significant disabilities; (3) a description of the means and mechanisms by which participating State agencies will coordinate efforts to evaluate and reform existing State laws, regulations, guidelines, operational procedures, and funding practices, including braided funding, to institute systemic change related to employment first, focused on improving outcomes in post-secondary education, integrated employment, and economic advancement for youths with significant disabilities; (4) an evaluation plan describing the strategy the entity will use to evaluate the use of funds made available through the grant, with a specific focus on the collection of data (by age, race, gender, geographic area, type of disability, income level, communication level, and use of assistive technology) tracking, at a minimum— (A) the number of youths with significant disabilities who directly enter integrated employment opportunities paid at the greater of minimum wage or competitive wages with access to related employment and health benefits, or a post-secondary educational or training program that is focused on leading to an integrated employment outcome, upon exiting the school system; (B) the wages and number of hours worked of youths per pay period; (C) the impact of employment on any State and Federal benefits received; (D) indicators on the types of settings in which youths benefitting from the State grant primarily reside; (E) indicators of improved economic status and self-sufficiency; (F) data on those youths with significant disabilities for whom a post-secondary or integrated employment outcome has not yet occurred, including information on why such outcome has not yet been attained, and additional information such as the number of months an individual has not had a post-secondary education or integrated employment outcome, and the progress made to date on efforts to ensure that an individual achieves a post-secondary education or integrated employment outcome; and (G) location and type of settings where youths who are receiving services through the grant are living; (5) a description of how the eligible entity will disseminate information about the types of transition services and the impact of such services on the lives of youths with significant disabilities who are served by the project; and (6) a description of the approaches the eligible entity intends to use to coordinate activities with relevant service providers in the localities in which the activities of the grant will be focused. (e) Authorized activities An entity that receives a grant under this subsection shall use the funds made available through the grant to carry out the following activities for youths with significant disabilities: (1) The development of innovative and effective practices through person-centered planning processes for attaining integrated employment experiences, including customized employment, supported employment services, and employment experiences after school, on weekends, and in the summer months. (2) The development of objectives and activities based upon the highest expectations of youths with significant disabilities and related to the following areas: (A) Academic and school-based preparatory experiences, including access to the general education curriculum in the least restrictive environment. (B) Work and career readiness. (C) Self-determination and leadership. (D) Comprehensive community connections. (E) Life-long learning. (F) Family involvement and engagement. (3) The development of appropriate and effective curricula and the deployment of professionals with expertise to provide training to school personnel, including transition coordinators, and other personnel connected to the implementation of the implementation plan of the grantee to enable such school personnel to develop skills needed to assist such youths in actualizing their ability to obtain and maintain integrated employment at the greater of minimum or competitive wages. Such training shall be focused on developing the skills in personnel necessary to help such youths successfully identify and complete desired objectives in the following areas: (A) Academic and school-based preparatory experiences, including access to the general education curriculum in the least restrictive environment. (B) Work and career readiness. (C) Youth development and leadership. (D) Comprehensive community connections. (E) Family involvement and engagement. (F) Integrated employment experiences, including customized employment, supported employment services, and employment experiences after school, on weekends, and in the summer months. (4) The provision of assistance to youths with significant disabilities and their families with respect to determining appropriate services under relevant Federal and State programs, to include the following: (A) An informed decisionmaking process leading to an integrated employment or post-secondary education outcome and securing ongoing services required for sustaining the employment or post-secondary education outcome. (B) A benefits planning process in order to educate youths with significant disabilities regarding strategies for identifying, optimizing and managing available resources to support the youth. (C) A series of individualized economic advancement strategies to advance the optimal self-sufficiency and economic security of a youth with a significant disability with specific goals for asset development, including the use of favorable tax benefits, work incentives, matched savings plans, and financial education. (f) Prohibited activities (1) In general Funds made available through a grant under subsection (a) may not be used for activities that result in youths with significant disabilities being placed in facility-based segregated services as an employment outcome or post-secondary outcome. In this paragraph, the term facility-based segregated services means rehabilitation or employment services provided by segregated entities, such as sheltered workshops, day habilitation, enclaves, or any other similar settings. (2) Rule of construction Nothing in this subsection shall be construed to prohibit any youth with a significant disability from having access to the general education curriculum during the pursuit of transition services or post-secondary education outcomes. (g) Employment outcomes and evaluation (1) Outcomes An entity that receives a grant under this section shall collect data and report annually on, at a minimum, progress in achieving specific integrated employment outcomes outlined by the Assistant Secretary for Special Education and Rehabilitative Services. Such outcomes shall include the following: (A) The number of youths with significant disabilities who directly enter integrated employment or post-secondary education upon exiting the school system. (B) The types of positions and employment sectors the youths with significant disabilities are participating in, as defined by the Bureau of Labor Statistics of the Department of Labor. (C) The wages of and number of hours worked by youths with significant disabilities monthly. (D) The impact of employment on any Federal and State benefits received. (E) Indicators of improved economic status and self-sufficiency. (F) Data on those youths with significant disabilities who have not yet entered post-secondary education or integrated employment, outlining the reasons that such youths have not yet entered post-secondary education or integrated employment as well as the progress made to date in the acquisition of skills, training, and development necessary to attain an integrated employment outcome. (2) Center There is established a National Coordination Center on Systems Change and Transformation in the Transition of Youths with Significant Disabilities into Adulthood (in this paragraph referred to as the Center ) to coordinate personnel training and professional development in evidence-based best practices resulting in integrated employment or post-secondary education outcomes. The Center shall coordinate assistance with the State grantees and their leadership teams and support grantees in their systems change efforts through the provision of training, professional development, technical assistance, data collection, and research. (h) Authorization of appropriations (1) In general There are authorized to be appropriated to carry out this section (other than subsection (g)(2)) $50,000,000 for each of the fiscal years 2014 through 2018. (2) Center There are authorized to be appropriated to carry out subsection (g)(2) $5,000,000 for each of the fiscal years 2014 through 2018. . (b) Clerical amendment The table of contents for the Rehabilitation Act of 1973 is amended by inserting after the item relating to section 306 the following new item: Sec. 307. Grants for transition of youths with significant disabilities to adulthood. .

https://www.govinfo.gov/content/pkg/BILLS-113hr509ih/xml/BILLS-113hr509ih.xml

113-hr-510

I 113th CONGRESS 1st Session H. R. 510 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Harper (for himself and Mrs. McMorris Rodgers ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Individuals with Disabilities Education Act to make improvements to the individualized education program under that Act and facilitate the transition of children with disabilities to adulthood, and for other purposes. 1. Short title This Act may be cited as the Transition toward Excellence, Achievement and Mobility through Education Act of 2013 or TEAM–Education Act of 2013 . 2. Findings and purposes (a) Findings Congress finds the following: (1) Evidence-based research has conclusively documented that youth with significant disabilities who were educated in inclusive settings, were exposed to work experience and career exploration, and participated in a paid work experience while in school had better postsecondary outcomes and higher rates of sustainable employment. (2) Higher rates of self-determination, in which individuals with significant disabilities and their families have direct control over the decision-making process in order to ensure an appropriate individualized transition strategy, lead to better outcomes. (3) Regulations and processes allowing for flexibility in the blending and braiding of government funds to ensure seamless, collaborative strategies during the transition process lead to better outcomes for individuals with significant disabilities. (4) Agency officials involved directly in the provision of supports and services during a youth’s transition into adulthood and beyond must be provided additional training to become properly prepared to adequately address the individual transition needs of students with significant disabilities. (b) Purposes The purposes of this Act are the following: (1) Create a holistic system across multiple partners focused on successful transition of youth with significant disabilities into adulthood. (2) Create a systemic focus on achieving high expectations for all youth, through equality of opportunity, full participation through self-determination and informed choice, outcomes related to post-secondary options that lead to competitive integrated employment and economic self-sufficiency. (3) Promote innovative strategies to foster academic, professional, and social inclusion, and the solidification of long-term supports and services required to ensure full integration into the community setting. (4) Better define and coordinate specific services related to the effective transition of youth with significant disabilities. (5) Eliminate barriers and promote incentives for multiple stakeholders to collaborate and improve transition opportunities for youth with significant disabilities. 3. Definitions (a) Transition services Section 602(34) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401(34) ) is amended— (1) in subparagraph (A), by inserting and customized employment after supported employment ; (2) in subparagraph (B), by striking and at the end; (3) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new subparagraphs: (D) includes training in self-advocacy and self-determination activities and the skills needed to participate in making informed choices to prepare and empower the child to advocate and negotiate on the child’s own behalf; and (E) does not include facility-based employment or activity settings, such as sheltered workshops, day habilitation centers, mobile work crews, or enclave work settings. . (b) Other definitions Section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ) is amended by adding at the end the following new paragraphs: (37) Informed choice The term informed choice means a choice-making process that includes the following elements: (A) The provision of adequate information to the child and the child’s parents about the full range of options that are to be considered. (B) Sufficient resources (personnel as well as fiscal) to support the choice made by the child and the child’s parents. (C) Willingness of any provider of services to accept the choice and the reasonable risks associated with the choice. (D) Information on the parameters of the choice and the relevant options being considered in the language and capabilities of the child in the choice-making process. (E) Acknowledgment by the child and all parties involved that the use of public-funds should be focused on choices that foster personal, social, and professional development in integrated settings and lead to outcomes of increased economic self-sufficiency and professional advancement. (38) Integrated employment The term integrated employment means work compensated at the greater of minimum wage or competitive wages with related employment benefits, occurring in a typical work setting where the employee with the disability interacts or has the opportunity to interact continuously with non-disabled co-workers, has an opportunity for advancement and mobility, and is preferably engaged in full-time employment. (39) Self-determination activities The term self-determination activities has the meaning given the term in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 ). (40) State intellectual and developmental disabilities agency The term State intellectual and developmental disabilities agency means the primary State agency or subdivision with administrative, programmatic, and operational responsibility for the full range of services and supports furnished to individuals with intellectual and developmental disabilities. . 4. State-level activities Section 611(e)(2)(C) of the Individuals with Disabilities Education Act (20 U.S.C. 1411(e)(2)(C)) is amended— (1) by redesignating clauses (vii) through (xi) as clauses (viii) through (xii), respectively; and (2) by inserting after clause (vi) the following new clause: (vii) To enter into contracts with entities that have expertise in the provision of transition services specifically related to assisting children with disabilities in the accomplishment of the transition objectives outlined in the child’s IEP to the extent such objectives relate to the provision of school-based preparatory activities, work-based learning experiences, career preparation, and job experiences in an integrated community setting, other than facility-based employment and activity settings, such as sheltered workshops, day habilitation centers, mobile work crews, and enclave work settings. . 5. State eligibility Section 612(a) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a) ) is amended by adding at the end the following new paragraph: (26) Plan relating to transition services (A) In general The State has established a plan to ensure that the State educational agency coordinates efforts among the various State agencies involved in the successful transition of youth with disabilities into adulthood, including the State agencies described in subparagraph (B), and to align practices and direct resources toward the effective provision of transition services to address the needs of children with disabilities, including involvement and progress in the general curriculum in the least restrictive environment, academic and school-based preparatory experiences, work and career readiness, youth development and leadership, comprehensive community connections, and family involvement and engagement. (B) State agencies described The State agencies referred to in subparagraph (A) are— (i) the State intellectual and developmental disabilities agency; (ii) the State vocational rehabilitation agency; (iii) the agency responsible for the State medicaid program under title XIX of the Social Security Act; and (iv) the State department of labor or workforce investment board. . 6. Individualized Education Programs (a) Evaluations before change in eligibility Section 614(c)(5)(B)(ii) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(c)(5)(B)(ii) ) is amended— (1) by striking the child with a summary and inserting to the child and the child’s parents, not later than 7 days after the child’s eligibility terminates, with— (I) a summary ; (2) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subclause: (II) a comprehensive record of the child’s work experiences, skills, talents and strengths relevant for discussions with prospective employers, post-secondary education programs, career placement services, and mentors. . (b) Individualized Education Program Section 614(d)(1)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(1)(A)) is amended— (1) in clause (i)— (A) in subclause (VII), by striking and at the end; (B) in subclause (VIII)— (i) in the matter preceding item (aa)— (I) by striking 16 and inserting 14 ; and (II) by inserting at a minimum after updated ; and (ii) by striking items (bb) and (cc) and inserting the following: (bb) a strategy to address the needs of the child related to academic and school-based preparatory experiences, work and career readiness, youth development and leadership, comprehensive community connections, and family involvement and engagement; and (cc) objectives leading to postsecondary education, sustained integrated employment, economic self-sufficiency, independent living and community participation; ; and (C) by adding at the end the following: (IX) beginning not later than the date on which the first IEP is to be in effect when the child attains the age of 14— (aa) a description of the transition services (including courses of study and work experience) that will be provided to assist the child in reaching the postsecondary goals described in subclause (VIII)(aa); and (bb) a description of the training in self-advocacy, development of self-determination activities, and the skills needed to participate in making informed choices to prepare and empower the child to negotiate and advocate on the child’s own behalf; and (X) beginning not later than 1 year before the child reaches the age of majority under State law, a statement that the child and the child’s parents have been informed of the child’s rights under this title, if any, that will transfer to the child on reaching the age of majority under section 615(m). ; and (2) by adding at the end the following: (iii) Additional rule of construction Nothing in clause (i)(VIII) shall be construed to authorize the use of facility-based employment or activity settings, such as sheltered workshops, day habilitation centers, mobile work crews, or enclave work settings in a child’s IEP. . (c) Individualized Education Program Team Section 614(d)(1)(B) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(1)(B) ) is amended— (1) in clause (vi), by striking and at the end; (2) redesignating clause (vii) as clause (viii); and (3) by inserting after clause (vi), as amended by this subsection, the following: (vii) beginning at the age of 14 with respect to a child with a disability who is expected to be eligible to receive adult services under the State medicaid program under title XIX of the Social Security Act (or any services provided under a waiver under such program) or any other adult services provided by the State intellectual and developmental disabilities agency upon reaching the age of majority, a representative of the State intellectual and developmental disabilities agency; and . (d) Development of IEP Section 614(d)(3) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414(d)(3) ) is amended— (1) in subparagraph (A)— (A) in clause (iii), by striking and at the end; (B) in clause (iv), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (v) the transition services necessary to assist the child to attain a postsecondary education, integrated employment, independent living, and community participation. ; and (2) by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively; (3) by inserting after subparagraph (A) the following new subparagraph: (B) Preparation for development of IEP for a child in transition years The IEP Team, upon the request of a child who has attained the age of 14, shall— (i) offer a preliminary meeting and advocacy training for the child and child’s parents to support the preparation of the parents in advocating on their child’s behalf during any upcoming IEP team meeting that will be conducted by a certified trainer with specific experience in self-advocacy and family advocacy training; and (ii) ensure that all pertinent information, including school records, educational materials regarding transition services available and background information on any pre-existing partnerships between the local educational agency and any outside providers of transition services or post-secondary education, is sent to the child at least ten days prior to the IEP team meeting. ; and (4) in subparagraph (G) (as redesignated), by striking subparagraph (D) and inserting subparagraph (E) . (e) Review and revision of IEP Section 614(d)(4)(A) of the Individuals with Disabilities Education Act (20 U.S.C. 1414(d)(4)(A)) is amended— (1) in clause (i), by striking and at the end; (2) in clause (ii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (iii) beginning when the child attains the age of 14, evaluates the progress made in achieving the child’s transition objectives, identifying challenges and opportunities and discussing any additional transition services that need to be secured to optimize the child’s successful completion of transition objectives set forth in the child’s IEP leading to postsecondary education, integrated employment, independent living, and community participation. . 7. Grants for establishment of local coordinators for transition services Section 614 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1414 ) is amended by adding at the end the following: (g) Grants for establishment of local coordinators for transition services (1) In general The Secretary is authorized to provide grants to State educational agencies to provide authorization, funding, and support to local educational agencies to establish coordinators to provide transition services to children with disabilities under this part. (2) Activities of coordinators Coordinators established under paragraph (1) shall— (A) manage the development and implementation of the transition services components of an IEP for children with disabilities under this part; and (B) facilitate relationships between children with disabilities and parents of children with disabilities and public and private agencies involved in transition services for children with disabilities under this part. (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $50,000,000 for each of the fiscal years 2014 through 2018. . 8. Effective date The amendments made by this Act take effect on the date of the enactment of this Act and apply with respect to fiscal years beginning on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr510ih/xml/BILLS-113hr510ih.xml

113-hr-511

I 113th CONGRESS 1st Session H. R. 511 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Harper (for himself and Mrs. McMorris Rodgers ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to provide assistance to States for development and implementation of an individual transition plan for each individual with a developmental disability in the State who is making the transition from the secondary school system into adulthood, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Transition toward Excellence, Achievement, and Mobility through Empowerment Act of 2013 or the TEAM–Empowerment 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. Individualized transition plans; transition planning and services administrative units. 2. Findings and purposes (a) Findings Congress finds the following: (1) Evidence-based research has conclusively documented that youth with significant disabilities who were educated in inclusive settings, were exposed to work experience and career exploration, and participated in a paid work experience while in school had better postsecondary outcomes and higher rates of sustainable employment. (2) Higher rates of self-determination, in which individuals with significant disabilities and their families have direct control over the decisionmaking process in order to ensure an appropriate individualized transition strategy, lead to better outcomes. (3) Regulations and processes allowing for flexibility in the blending and braiding of government funds to ensure seamless, collaborative strategies during the transition process lead to better outcomes for individuals with significant disabilities. (4) Agency officials involved directly in the provision of supports and services during a youth’s transition into adulthood and beyond must be provided additional training to become properly prepared to adequately address the individual transition needs of students with significant disabilities. (b) Purposes The purposes of this Act are the following: (1) Create a holistic system across multiple partners focused on successful transition of youth with significant disabilities into adulthood. (2) Create a systemic focus on achieving high expectations for all youth, through equality of opportunity, full participation through self-determination and informed choice, outcomes related to post-secondary options that lead to competitive integrated employment and economic self-sufficiency. (3) Promote innovative strategies to foster academic, professional, and social inclusion, and the solidification of long-term supports and services required to ensure full integration into the community setting. (4) Better define and coordinate specific services related to the effective transition of youth with significant disabilities. (5) Eliminate barriers and promote incentives for multiple stakeholders to collaborate and improve transition opportunities for youth with significant disabilities. 3. Individualized transition plans; transition planning and services administrative units Title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15001 et seq.) is amended by adding at the end the following: F Adult transition system 171. Definitions In this subtitle: (1) The term asset development means a strategy to assist low-income workers and job seekers, including individuals with disabilities, move toward economic security and greater financial self-sufficiency through income preservation, effective money and credit management, the pursuit of post-secondary education, the purchase of a home, business startup and growth, and the setting aside of resources for longer-term needs and retirement. (2) The term individualized education program has the meaning given such term in section 602 of the Individuals with Disabilities Education Act. (3) The term integrated employment means work compensated at the greater of minimum wage or competitive wages with related employment benefits, occurring in a typical work setting where the employee with the disability— (A) interacts or has the opportunity to interact continuously with nondisabled co-workers; (B) has an opportunity for advancement and mobility; and (C) is preferably engaged in full-time employment. (4) The term ITP means an individual transition plan developed under section 173. (5) The term local educational agency has the meaning given to such term in section 9101 of the Elementary and Secondary Education Act of 1965. (6) The term secondary school has the meaning given to such term in section 9101 of the Elementary and Secondary Education Act of 1965. (7) The term State intellectual and developmental disabilities agency means the primary State agency or subdivision with administrative, programmatic, and operational responsibility for the full range of services and supports furnished to individuals with intellectual and developmental disabilities. (8) The term TPS administrative unit refers to the transition planning and services administrative unit of a State established in accordance with section 174. (9) (A) The term transition services means a coordinated set of activities for a student, designed within an outcome-oriented process, that promotes movement from school to post school activities, including postsecondary education, vocational training, integrated employment (including supported employment and customized employment), continuing and adult education, adult services, asset development services, independent living, or community participation. (B) The coordinated set of activities shall be based upon the individual student’s needs, taking into account the student’s preferences and interests, and shall include instruction, community experiences, the development of employment and other post school adult living objectives; school-based preparatory experiences, career preparation, and integrated work-based learning experiences (inclusive of in-school, after school and work experiences outside the traditional school setting where other youth without disabilities are engaged in similar activities); youth development and leadership; connecting activities; training in self-advocacy, self-determination skills, and peer mentoring; family involvement and supports; and, when appropriate, acquisition of daily living skills and functional vocational evaluation. (C) Such term does not include the use of facility-based employment and activity settings, such as sheltered workshops, day habilitation centers, and enclave work settings. Additionally, the coordinated set of activities should lead to the attainment of at least one of the following outcomes: post-secondary education, long-term integrated employment (including supported employment or customized employment), asset development, independent living, and community participation. 172. State assistance For each fiscal year, the Secretary, acting through the Commissioner of the Administration on Developmental Disabilities, shall— (1) make grants on a competitive basis to States that agree to carry out the activities required of States under this subtitle; and (2) among the States receiving grants under paragraph (1), allocate payments pursuant to a formula that— (A) is established by the Secretary, acting through the Commissioner; and (B) takes into consideration an estimate of the number of individuals to be served under this subtitle in each State. 173. Individualized transition plans (a) In general Each State that receives assistance under this subtitle shall, with respect to each individual with a developmental disability in the State who is making the transition from the secondary school system into adulthood, develop, and assist in the implementation of, an individual transition plan to coordinate transition services intended to assist the individual in achieving the outcomes of integrated employment, postsecondary education, independent living, and community engagement. (b) Formulation An ITP shall be— (1) coordinated with any pre-existing transition services being provided to the individual as a result of an individualized education program developed for the individual prior to exiting secondary school pursuant to the Individuals with Disabilities Education Act; (2) developed not later than 30 days after the date on which the individual graduates from or otherwise exits the State’s secondary school system; and (3) applicable through the date on which the individual attains 26 years of age; (4) reviewed annually and updated as needed; and (5) developed during in-person meetings that— (A) are led by the TPS administrative unit of the State intellectual and developmental disabilities agency established under section 174; and (B) at a minimum, include the following stakeholders: the individual, the individual’s family, a transition broker (as described in section 174), a representative of the State vocational rehabilitation agency, relevant service providers that are contracted by the State or chosen by the individual and the individual’s family or guardian to provide transition services, the transition coordinator of the local educational agency (where available, during the first year the individual exits the secondary school system), assistive technology experts (as appropriate), and representatives of the workforce development sector. (c) Contents An ITP shall include strategies for the implementation of service models and practices with documented effectiveness that— (1) address and emphasize the 5 areas of postsecondary educational experiences, career preparation and work-based learning experiences, development and leadership, connecting activities, and family involvement and supports; (2) identify the needs of the individual in each of these 5 areas and articulate how the State and its agencies will meet those needs; and (3) will advance economic self-sufficiency with specific asset development goals and identify specific tools for advancing economic self-sufficiency, such as favorable tax benefits, work incentives, matched savings plans, education financing, and effective strategies to manage a budget, money, and credit. 174. Transition planning and services administrative unit (a) Establishment Each State that receives assistance under this subtitle shall establish and maintain a transition planning and services (TPS) administrative unit within the State intellectual and developmental disabilities agency. (b) Responsibilities The primary focus of a TPS administrative unit shall be to assist individuals with a developmental disability in the State to make the transition from the secondary school system into adulthood. The responsibilities of the TPS administrative unit shall include the following: (1) Individual transition plan The TPS administrative unit shall have responsibility for developing and assisting in the implementation of ITPs. (2) Transition brokers (A) In general The TPS administrative unit shall employ or otherwise secure the services of transition brokers. (B) Role A transition broker of the TPS administrative unit shall— (i) facilitate coordination among State agencies in the development of ITPs; and (ii) provide assistance to individuals with developmental disabilities, consistent with the individual’s ITP, in navigating the complex system of supports and services available through Federal and State programs. (C) Qualifications To be eligible to serve as a transition broker of the TPS administrative unit, an individual shall possess two or more of the following qualifications: (i) Expertise relating to individuals with developmental disabilities, benefits planning, the provision of transition services, employment and job development, and negotiating among various State stakeholders. (ii) Experience with and knowledge of the generic workforce development sector, vocational rehabilitation, and job development. (iii) Knowledge and expertise in the use of tools to advance asset development and economic self-sufficiency, including favorable tax benefits, work incentives, matched savings plans, education financing, and effective strategies to manage a budget, money, and credit. (iv) Knowledge about self-direction and person-centered planning processes. (D) Assignment A transition broker of the TPS administrative unit shall be assigned to an individual upon— (i) the individual or the individual’s family or guardian selecting the broker; and (ii) the State intellectual and developmental disabilities agency approving the selection. (3) Self-advocacy, self-determination skills, and peer mentoring The TPS administrative unit shall offer strategies and training to individuals with developmental disabilities and their families regarding self-advocacy, self-determination skills, and peer mentoring to improve the ability of such individuals to advocate and negotiate on their own behalf. (4) Effective information and resources The TPS administrative unit shall provide information to individuals with developmental disabilities and their families on Federal and State services, supports, and regulations, including with respect to asset development, insurance and benefit programs, financial savings tools, and asset or income limits that affect eligibility for Federal and State means-tested services, supports, or programs. Such information shall be easily understood and updated on a quarterly basis each year. (c) Fostering multiagency collaboration The State intellectual and developmental disabilities agency of each State that receives assistance under this subtitle shall facilitate memoranda of understanding among key State agencies for the purpose of coordinating and improving the services and supports provided by such agencies to individuals with developmental disabilities during the transition into adulthood. 175. Annual report Not later than the end of fiscal year 2014, and annually thereafter, the Secretary shall submit a report to the Congress containing an evaluation of the implementation and effectiveness of this subtitle, including an evaluation of— (1) the number of individuals in each State who had an ITP developed on their behalf over the past fiscal year; (2) progress made at the individual level in implementing the objectives of ITPs developed since the date of enactment; and (3) with respect to individuals for whom an ITP is developed, their employment status, education status, income level, race, gender, and current residence. 176. Authorization of appropriations To carry out this subtitle, there is authorized to be appropriated $50,000,000 for each of fiscal years 2014 through 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr511ih/xml/BILLS-113hr511ih.xml

113-hr-512

I 113th CONGRESS 1st Session H. R. 512 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Sablan (for himself, Ms. Bordallo , Mr. Faleomavaega , and Mrs. Christensen ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To encourage students from American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands to become civically engaged through local and Federal Government fellowships. 1. Short title This Act may be referred to as the Dr. Rita Hocog Inos Territorial Fellowship Act . 2. Fellowship program for students from American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands (a) Establishment of fellowship program To encourage civic engagement among students from American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands, the Secretary of the Interior shall carry out a program, to be known as the Dr. Rita Hocog Inos Territorial Fellowship Program , to award local and Federal Government fellowships to qualified students from those territories, subject to the availability of amounts described in subsection (i). (b) Types of fellowship The fellowships that may be awarded under the program are as follows: (1) A local government fellowship with a cooperating agency or entity of the territory in which the qualified student is domiciled. (2) A Federal Government fellowship with a cooperating— (A) Executive agency (as defined in section 105 of title 5, United States Code); or (B) office of a Representative or Senator in, or a Delegate or Resident Commissioner to, the Congress. (c) Qualified student For purposes of this section, the term qualified student means a student who is— (1) a citizen of the United States; (2) domiciled in American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the United States Virgin Islands; and (3) enrolled in a degree or certificate program at an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )). (d) Term of fellowship The term of a fellowship under the program shall be an academic semester or a summer, as designated by the Secretary. (e) Fellowship award (1) In general Under the program, a fellowship award shall consist of either a stipend described in paragraph (2) or academic credit toward graduation. Such award may also include a travel stipend of not more than $1,500 for each fellowship term, based on the distance of the student awarded the fellowship from the site of the fellowship. (2) Stipend Subject to paragraph (3), a stipend described in this paragraph is as follows: (A) $6,000 for an academic semester fellowship. (B) $4,000 for a summer fellowship. (3) Fiscal years after 2013 In the case of any fiscal year beginning after September 30, 2013, each dollar amount in paragraph (2) shall be such dollar amount in effect for the preceding fiscal year, increased by the sum of— (A) the percentage of the dollar amount in effect for such preceding fiscal year that is equal to the percentage (if any) by which— (i) the Consumer Price Index for the most recent calendar year ending prior to the beginning of the fiscal year, exceeds (ii) the Consumer Price Index for the next previous calendar year; plus (B) one percent of the dollar amount in effect for such previous year. (f) Application and selection (1) In general The Secretary shall develop and administer an application and selection process for awarding a fellowship under the program. (2) Priority In awarding a fellowship under the program, the Secretary shall give priority to a qualified student who has already completed one such fellowship. (3) Limitation on number of fellowships awarded to each student Under the program, a qualified student may be awarded no more than— (A) one local government fellowship; and (B) one Federal Government fellowship. (g) Reporting The Secretary shall submit to Congress, not later than 3 years after the date of the enactment of this Act, a report on the Dr. Rita Hocog Inos Territorial Fellowship Program. The report shall include information on— (1) the use of funds appropriated for the purpose of carrying out the program; and (2) barriers to participation in the program. (h) Other definitions In this section: (1) The term Consumer Price Index means the Consumer Price Index for All Urban Consumers published by the Department of Labor. (2) The term program means the Dr. Rita Hocog Inos Territorial Fellowship Program. (3) The term Secretary means the Secretary of the Interior. (i) Funding To carry out the fellowship program, the Secretary may use amounts appropriated to the Department of the Interior for technical assistance to territories under the heading assistance to territories in an appropriation Act for the Department of the Interior for fiscal year 2013 or any subsequent fiscal year. The Secretary may use no other amounts for such purpose.

https://www.govinfo.gov/content/pkg/BILLS-113hr512ih/xml/BILLS-113hr512ih.xml

113-hr-513

I 113th CONGRESS 1st Session H. R. 513 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Harris (for himself, Mr. Rangel , and Mr. Hanna ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Harriet Tubman National Historical Park in Auburn, New York, and the Harriet Tubman Underground Railroad National Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, and for other purposes. 1. Short title This Act may be cited as the Harriet Tubman National Historical Parks Act . 2. Harriet Tubman Underground Railroad National Historical Park, Maryland (a) Definitions In this section: (1) Historical park The term historical park means the Harriet Tubman Underground Railroad National Historical Park established by subsection (b)(1)(A). (2) Map The term map means the map entitled Harriet Tubman Underground Railroad National Historical Park , numbered P99/111520, and dated November 2011. (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means the State of Maryland. (b) Harriet tubman underground railroad national historical park (1) Establishment (A) In general Subject to subparagraph (B), there is established the Harriet Tubman Underground Railroad National Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, as a unit of the National Park System. (B) Determination by secretary The historical park shall not be established until the date on which the Secretary determines that sufficient lands, or interests in lands, have been acquired to constitute a manageable park unit. (C) Notice Not later than 30 days after the date on which the Secretary makes a determination under subparagraph (B), the Secretary shall publish in the Federal Register notice of the establishment of the historical park, including an official boundary map for the historical park. (D) Availability of map The official boundary map published under subparagraph (C) shall be on file and available for public inspection in appropriate offices of the National Park Service. (2) Purpose The purpose of the historical park is to preserve and interpret for the benefit of present and future generations the historical, cultural, and natural resources associated with the life of Harriet Tubman and the Underground Railroad. (3) Land acquisition (A) In general The Secretary may acquire land and interests in land within the areas depicted on the map as NHP—Authorized Acquisition Areas by donation or by purchase from willing sellers using donated funds only. The Secretary may accept non-Federal funds for acquisitions under this paragraph. (B) Boundary adjustment On acquisition of lands or an interests in lands under subparagraph (A), the boundary of the historical park shall be adjusted to reflect the acquisition. (c) Administration (1) In general The Secretary shall administer the historical park in accordance with this section and the laws generally applicable to units of the National Park System, including— (A) the National Park System Organic Act ( 16 U.S.C. 1 et seq. ); and (B) the Act of August 21, 1935 ( 16 U.S.C. 461 et seq. ). (2) Interagency agreement Not later than 1 year after the date on which the historical park is established, the Director of the National Park Service and the Director of the United States Fish and Wildlife Service shall enter into an agreement to allow the National Park Service to provide for public interpretation of historic resources located within the boundary of the Blackwater National Wildlife Refuge that are associated with the life of Harriet Tubman, consistent with the management requirements of the Refuge. (3) Cooperative agreements (A) In general The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, colleges and universities, non-profit organizations, and individuals— (i) to mark, interpret, and restore nationally significant historic or cultural resources relating to the life of Harriet Tubman or the Underground Railroad within the boundaries of the historical park, if the agreement provides for reasonable public access; or (ii) to conduct research relating to the life of Harriet Tubman and the Underground Railroad. (B) Funding No Federal funds shall be made available under any cooperative agreement entered into under this paragraph. The Secretary may accept non-Federal funds to carry out this paragraph or any cooperative agreement entered into under this paragraph. (d) General management plan (1) In general Not later than 3 years after the date of the enactment of this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 12(b) of Public Law 91–383 (commonly known as the “National Park Service General Authorities Act”; 16 U.S.C. 1a–7(b)). (2) Consultation The general management plan shall be prepared in consultation with the State, including political subdivisions of the State. (3) Coordination The Secretary shall coordinate the preparation and implementation of the management plan with— (A) the Blackwater National Wildlife Refuge; (B) the Harriet Tubman National Historical Park established by section 3(b)(1)(A); and (C) the National Underground Railroad Network to Freedom. 3. Harriet tubman national historical park, auburn, New York (a) Definitions In this section: (1) Historical park The term historical park means the Harriet Tubman National Historical Park established by subsection (b)(1)(A). (2) Home The term Home means The Harriet Tubman Home, Inc., located in Auburn, New York. (3) Map The term map means the map entitled Harriet Tubman National Historical Park , numbered T18/80,000, and dated March 2009. (4) Secretary The term Secretary means the Secretary of the Interior. (5) State The term State means the State of New York. (b) Harriet tubman national historical park (1) Establishment (A) In general Subject to subparagraph (B), there is established the Harriet Tubman National Historical Park in Auburn, New York, as a unit of the National Park System. (B) Determination by secretary The historical park shall not be established until the date on which the Secretary determines that a sufficient quantity of land, or interests in land, has been acquired to constitute a manageable park unit. (C) Notice Not later than 30 days after the date on which the Secretary makes a determination under subparagraph (B), the Secretary shall publish in the Federal Register notice of the establishment of the historical park. (D) Map The map shall be on file and available for public inspection in appropriate offices of the National Park Service. (2) Boundary The historical park shall include the Harriet Tubman Home, the Tubman Home for the Aged, the Thompson Memorial AME Zion Church and Rectory, and associated land, as identified in the area entitled National Historical Park Proposed Boundary on the map. (3) Purpose The purpose of the historical park is to preserve and interpret for the benefit of present and future generations the historical, cultural, and natural resources associated with the life of Harriet Tubman. (4) Land acquisition The Secretary may acquire land and interests in land within the areas depicted on the map by donation. The Secretary may accept non-Federal funds for acquisitions under this paragraph. (c) Administration (1) In general The Secretary shall administer the historical park in accordance with this section and the laws generally applicable to units of the National Park System, including— (A) the National Park System Organic Act ( 16 U.S.C. 1 et seq. ); and (B) the Act of August 21, 1935 ( 16 U.S.C. 461 et seq. ). (2) Cooperative agreements (A) In general The Secretary may enter into a cooperative agreement with the owner of any land within the historical park to mark, interpret, or restore nationally significant historic or cultural resources relating to the life of Harriet Tubman, if the agreement provides that— (i) the Secretary shall have the right of access to any public portions of the land covered by the agreement to allow for— (I) access at reasonable times by historical park visitors to the land; and (II) interpretation of the land for the public; and (ii) no changes or alterations shall be made to the land except by mutual agreement of the Secretary and the owner of the land. (B) Research The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, the Home and other nonprofit organizations, and individuals to conduct research relating to the life of Harriet Tubman. (C) Attorney general (i) In general The Secretary shall submit to the Attorney General for review any cooperative agreement under this paragraph involving religious property or property owned by a religious institution. (ii) Finding No cooperative agreement subject to review under this subparagraph shall take effect until the date on which the Attorney General issues a finding that the proposed agreement does not violate the Establishment Clause of the First Amendment to the Constitution. (D) Funding No Federal funds shall be made available under any cooperative agreement entered into under this paragraph. The Secretary may accept non-Federal funds to carry out this paragraph or any cooperative agreement entered into under this paragraph. (d) General management plan (1) In general Not later than 3 years after the date of enactment, the Secretary shall prepare a general management plan for the historical park in accordance with section 12(b) of Public Law 91–383 (commonly known as the “National Park Service General Authorities Act”; 16 U.S.C. 1a–7(b) ). (2) Coordination The Secretary shall coordinate the preparation and implementation of the management plan with— (A) the Harriet Tubman Underground Railroad National Historical Park established by section 2(b)(1); and (B) the National Underground Railroad Network to Freedom.

https://www.govinfo.gov/content/pkg/BILLS-113hr513ih/xml/BILLS-113hr513ih.xml

113-hr-514

I 113th CONGRESS 1st Session H. R. 514 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Hastings of Florida introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Transportation and Infrastructure , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Internal Revenue Code of 1986 to allow individuals to designate overpayments of income tax for disaster relief. 1. Short title This Act may be cited as the Donate for Disaster Relief Act of 2013 . 2. Designation of overpayments for disaster relief (a) In General Subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: IX Designation of overpayments for disaster relief Sec. 6098. Designation of overpayments for disaster relief. 6098. Designation of overpayments for disaster relief (a) In general Every individual, with respect to the taxpayer’s return for the taxable year of the tax imposed by chapter 1, may designate that a specified portion (not less than $1) of any overpayment of such tax be paid over to the Disaster Relief Fund. (b) Manner and Time of Designation A designation under subsection (a) may be made with respect to any taxable year— (1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or (2) at any other time (after such time of filing) specified in regulations prescribed by the Secretary. Such designation shall be made in such manner as the Secretary prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature. (c) Overpayments treated as refunded For purposes of this title, any portion of an overpayment of tax designated under subsection (a) shall be treated as— (1) being refunded to the taxpayer as of the last date prescribed for filing the return of tax imposed by chapter 1 (determined without regard to extensions) or, if later, the date the return is filed, and (2) a contribution made by such taxpayer on such date to the United States. . (b) Disaster relief fund Subchapter A of chapter 98 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 9512. Disaster relief fund (a) Creation of trust fund There is established in the Treasury of the United States a trust fund to be known as the Disaster Relief Fund , consisting of such amounts as may be appropriated or credited to such fund as provided in this section or section 9602(b). (b) Transfers to trust fund There are hereby appropriated to the Disaster Relief Fund amounts equivalent to the amounts designated under section 6098. (c) Expenditures Amounts in the Disaster Relief Fund shall be available, as provided in appropriation Acts, to supplement funds appropriated for disaster relief provided for major disasters declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). . (c) Clerical Amendments (1) The table of parts for subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: IX Designation of overpayments for disaster relief . (2) The table of sections for subchapter A of chapter 98 of such Code is amended by adding at the end the following new item: Sec. 9512. Disaster relief fund. (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-113hr514ih/xml/BILLS-113hr514ih.xml

113-hr-515

I 113th CONGRESS 1st Session H. R. 515 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Israel (for himself, Mr. Grijalva , Mr. Honda , Ms. Norton , Ms. DeLauro , Mr. George Miller of California , Mr. Clay , and Mr. Serrano ) introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Oversight and Government Reform and 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 amend the Family and Medical Leave Act of 1993 to provide leave because of the death of a son or daughter. 1. Short title This Act may be cited as the Parental Bereavement Act of 2013 or the Sarah Grace-Farley-Kluger Act . 2. Family leave because of the death of a son or daughter (a) Family leave (1) Entitlement to leave Section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ) is amended by adding at the end the following new subparagraph: (F) Because of the death of a son or daughter. . (2) Requirements relating to leave (A) Schedule Section 102(b)(1) of such Act ( 29 U.S.C. 2612(b)(1) ) is amended by inserting after the third sentence the following new sentence: Leave under subsection (a)(1)(F) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employer of the employee agree otherwise. . (B) Substitution of paid leave Section 102(d)(2)(B) of such Act (29 U.S.C. 2612(d)(2)(B)) is amended, in the first sentence, by striking (C) or (D) and inserting (C), (D), or (F) . (C) Notice Section 102(e) of such Act ( 29 U.S.C. 2612(e) ) is amended by adding at the end the following new paragraph: (4) Notice for leave due to death of a son or daughter In any case in which the necessity for leave under subsection (a)(1)(F) is foreseeable, the employee shall provide such notice to the employer as is reasonable and practicable. . (D) Spouses employed by same employer Section 102(f)(1)(A) of such Act (29 U.S.C. 2612(f)(1)(A)) is amended by striking subparagraph (A) or (B) and inserting subparagraph (A), (B), or (F) . (E) Certification requirements Section 103 of such Act ( 29 U.S.C. 2613 ) is amended by adding at the end the following: (g) Certification related to the death of a son or daughter An employer may require that a request for leave under section 102(a)(1)(F) be supported by a certification issued at such time and in such manner as the Secretary may by regulation prescribe. If the Secretary issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer. . (F) Failure to return from leave Section 104(c) of such Act ( 29 U.S.C. 2614(c) ) is amended— (i) in paragraph (2)(B)(i), by inserting before the semicolon the following: , or a death that entitles the employee to leave under section 102(a)(1)(F) ; and (ii) in paragraph (3)(A)— (I) in the matter preceding clause (i), by inserting , or the death, before described ; (II) in clause (ii), by striking or at the end; (III) by redesignating clause (iii) as clause (iv); and (IV) by inserting after clause (ii) the following: (iii) a certification that meets such requirements as the Secretary may by regulation prescribe, in the case of an employee unable to return to work because of a death specified in section 102(a)(1)(F); or . (G) Employees of local educational agencies Section 108 of such Act (29 U.S.C. 2618) is amended— (i) in subsection (c)— (I) in paragraph (1)— (aa) in the matter preceding subparagraph (A), by inserting after medical treatment the following: , or under section 102(a)(1)(F) that is foreseeable, ; and (bb) in subparagraph (A), by inserting after to exceed the following: (except in the case of leave under section 102(a)(1)(F)) ; and (II) in paragraph (2), by striking section 102(e)(2) and inserting paragraphs (2) and (4) of section 102(e), as applicable ; and (ii) in subsection (d), in paragraph (2) and (3), by striking or (C) each place it appears and inserting (C), or (F) . (b) Family leave for civil service employees (1) Entitlement to leave Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following: (F) Because of the death of a son or daughter. . (2) Requirements relating to leave (A) Schedule Section 6382(b)(1) of such title is amended by inserting after the third sentence the following new sentence: Leave under subsection (a)(1)(F) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. . (B) Substitution of paid leave Section 6382(d) of such title is amended, in the first sentence, by striking or (E) and inserting (E), or (F) . (C) Notice Section 6382(e) of such title is amended by adding at the end the following new paragraph: (4) In any case in which the necessity for leave under subsection (a)(1)(F) is foreseeable, the employee shall provide such notice to the employing agency as is reasonable and practicable. . (D) Certification requirements Section 6383 of such title is amended by adding at the end the following: (g) An employing agency may require that a request for leave under section 6382(a)(1)(F) be supported by a certification issued at such time and in such manner as the Office of Personnel Management may by regulation prescribe. If the Office issues a regulation requiring such certification, the employee shall provide, in a timely manner, a copy of such certification to the employer. .

https://www.govinfo.gov/content/pkg/BILLS-113hr515ih/xml/BILLS-113hr515ih.xml

113-hr-516

I 113th CONGRESS 1st Session H. R. 516 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Maffei introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the payroll tax reduction. 1. Short title This Act may be cited as the Middle Class Payroll Tax Relief Act . 2. Extension of payroll tax reduction (a) In general Subsection (c) of section 601 of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 ( 26 U.S.C. 1401 note) is amended by striking and 2012 and inserting , 2012, and 2013 . (b) Effective date The amendments made by this section shall apply to remuneration received, and taxable years beginning, after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr516ih/xml/BILLS-113hr516ih.xml

113-hr-517

I 113th CONGRESS 1st Session H. R. 517 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Ms. Norton , Mr. Connolly , Mr. George Miller of California , Mr. Conyers , and Mr. Grijalva ) 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 that 4 of the 12 weeks of parental leave made available to a Federal employee shall be paid leave, and for other purposes. 1. Short title This Act may be cited as the Federal Employees Paid Parental Leave Act of 2013 . 2. Paid parental leave under title 5 (a) Amendment to title 5 Subsection (d) of section 6382 of title 5, United States Code, is amended— (1) by redesignating such subsection as subsection (d)(1); (2) by striking subparagraph (A), (B), (C), or and inserting subparagraph (C) or ; and (3) by adding at the end the following: (2) An employee may elect to substitute for any leave without pay under subparagraph (A) or (B) of subsection (a)(1) any paid leave which is available to such employee for that purpose. (3) The paid leave that is available to an employee for purposes of paragraph (2) is— (A) subject to paragraph (6), 4 administrative workweeks of paid parental leave under this subparagraph in connection with the birth or placement involved; and (B) any annual or sick leave accrued or accumulated by such employee under subchapter I. (4) Nothing in this subsection shall be considered to require that an employee first use all or any portion of the leave described in subparagraph (B) of paragraph (3) before being allowed to use the paid parental leave described in subparagraph (A) of paragraph (3). (5) Paid parental leave under paragraph (3)(A)— (A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing agency; (B) shall not be considered to be annual or vacation leave for purposes of section 5551 or 5552 or for any other purpose; and (C) if not used by the employee before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use. (6) The Director of the Office of Personnel Management— (A) may promulgate regulations to increase the amount of paid parental leave available to an employee under paragraph (3)(A), to a total of not more than 8 administrative workweeks, based on the consideration of— (i) the benefits provided to the Federal Government of offering increased paid parental leave, including enhanced recruitment and retention of employees; (ii) the cost to the Federal Government of increasing the amount of paid parental leave that is available to employees; (iii) trends in the private sector and in State and local governments with respect to offering paid parental leave; (iv) the Federal Government’s role as a model employer; (v) the impact of increased paid parental leave on lower-income and economically disadvantaged employees and their children; and (vi) such other factors as the Director considers necessary; and (B) shall prescribe any regulations necessary to carry out this subsection, including, subject to paragraph (4), the manner in which an employee may designate any day or other period as to which such employee wishes to use paid parental leave described in paragraph (3)(A). . (b) Effective date The amendment made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. 3. Paid parental leave for Congressional employees (a) Amendment to Congressional Accountability Act Section 202 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1312 ) is amended— (1) in subsection (a)(1), by adding at the end the following: In applying section 102(a)(1) (A) and (B) of such Act to covered employees, subsection (d) shall apply. ; (2) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (3) by inserting after subsection (c) the following: (d) Special rule for paid parental leave for Congressional employees (1) Substitution of paid leave A covered employee taking leave without pay under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose. (2) Amount of paid leave The paid leave that is available to a covered employee for purposes of paragraph (1) is— (A) the number of weeks of paid parental leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of paid parental leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and (B) any additional paid vacation or sick leave provided by the employing office to such employee. (3) Limitation Nothing in this subsection shall be considered to require that an employee first use all or any portion of the leave described in subparagraph (B) of paragraph (2) before being allowed to use the paid parental leave described in subparagraph (A) of paragraph (2). (4) Additional rules Paid parental leave under paragraph (2)(A)— (A) shall be payable from any appropriation or fund available for salaries or expenses for positions within the employing office; and (B) if not used by the covered employee before the end of the 12-month period (as referred to in section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) )) to which it relates, shall not accumulate for any subsequent use. . (b) Effective date The amendment made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. 4. Conforming amendment to Family and Medical Leave Act for GAO and Library of Congress employees (a) Amendment to Family and Medical Leave Act of 1993 Section 102(d) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(d) ) is amended by adding at the end the following: (3) Special rule for GAO and Library of Congress employees (A) Substitution of paid leave An employee of an employer described in section 101(4)(A)(iv) taking leave under subparagraph (A) or (B) of subsection (a)(1) may elect to substitute for any such leave any paid leave which is available to such employee for that purpose. (B) Amount of paid leave The paid leave that is available to an employee of an employer described in section 101(4)(A)(iv) for purposes of subparagraph (A) is— (i) the number of weeks of paid parental leave in connection with the birth or placement involved that correspond to the number of administrative workweeks of paid parental leave available to Federal employees under section 6382(d)(3)(A) of title 5, United States Code; and (ii) any additional paid vacation or sick leave provided by such employer. (C) Limitation Nothing in this paragraph shall be considered to require that an employee first use all or any portion of the leave described in clause (ii) of subparagraph (B) before being allowed to use the paid parental leave described in clause (i) of such subparagraph. (D) Additional rules Paid parental leave under subparagraph (B)(i)— (i) shall be payable from any appropriation or fund available for salaries or expenses for positions with the employer described in section 101(4)(A)(iv); and (ii) if not used by the employee of such employer before the end of the 12-month period (as referred to in subsection (a)(1)) to which it relates, shall not accumulate for any subsequent use. . (b) Effective date The amendment made by this section shall not be effective with respect to any birth or placement occurring before the end of the 6-month period beginning on the date of the enactment of this Act. 5. Clarification for members of the National Guard and Reserves (a) Executive branch employees For purposes of determining the eligibility of an employee who is a member of the National Guard or Reserves to take leave under paragraph (1) (A) or (B) of section 6382(a) of title 5, United States Code, or to substitute such leave pursuant to paragraph (2) of such section (as added by section 2), any service by such employee on active duty (as defined in section 6381(7) of such title) shall be counted as service as an employee for purposes of section 6381(1)(B) of such title. (b) Congressional Employees For purposes of determining the eligibility of a covered employee (as such term is defined in section 101(3) of the Congressional Accountability Act) who is a member of the National Guard or Reserves to take leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993 (pursuant to section 202(a)(1) of the Congressional Accountability Act), or to substitute such leave pursuant to subsection (d) of section 202 of such Act (as added by section 3), any service by such employee on active duty (as defined in section 101(14) of the Family and Medical Leave Act of 1993) shall be counted as time during which such employee has been employed in an employing office for purposes of section 202(a)(2)(B) of the Congressional Accountability Act. (c) GAO and Library of Congress Employees For purposes of determining the eligibility of an employee of the Government Accountability Office or Library of Congress who is a member of the National Guard or Reserves to take leave under subparagraph (A) or (B) of section 102(a)(1) of the Family and Medical Leave Act of 1993, or to substitute such leave pursuant to paragraph (3) of section 102(d) of such Act (as added by section 4), any service by such employee on active duty (as defined in section 101(14) of such Act) shall be counted as time during which such employee has been employed for purposes of section 101(2)(A) of such Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr517ih/xml/BILLS-113hr517ih.xml

113-hr-518

I 113th CONGRESS 1st Session H. R. 518 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Markey (for himself, Mrs. Napolitano , Mr. Ben Ray Luján of New Mexico , Mr. Grijalva , Mr. Sablan , Mr. Holt , Ms. Hanabusa , Ms. Chu , Ms. Slaughter , Mr. Hinojosa , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Reclamation States Emergency Drought Relief Act of 1991 for the purposes of extending the Reclamation States Emergency Drought Relief Act of 1991 through 2018, and for other purposes. 1. Drought relief (a) Termination of authority Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) ) is amended by striking 2012 and inserting 2018 . (b) Authorization of appropriations Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 ) is amended— (1) by striking 90,000,000 and inserting $110,000,000 ; and (2) by striking 2012 and inserting 2018 . 2. Climate variability review Subsection (e) of section 203 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2223(e) ) is amended as follows: (e) Review The contingency plans shall include provisions for periodic review to assure adequacy of the contingency plan to respond to current conditions, as well as address projected long-term climate variability and change, and such plans may be modified accordingly. .

https://www.govinfo.gov/content/pkg/BILLS-113hr518ih/xml/BILLS-113hr518ih.xml

113-hr-519

I 113th CONGRESS 1st Session H. R. 519 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Mr. Nadler (for himself, Mr. Hanna , Mr. Gutierrez , Mr. Dent , Mr. Polis , Mr. Cicilline , Mr. Sean Patrick Maloney of New York , Mr. Pocan , Ms. Sinema , Mr. Takano , Mr. Conyers , Ms. Lofgren , Ms. Pelosi , Mr. Hoyer , Mr. Honda , Mr. Van Hollen , and Mr. Garcia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to promote family unity, and for other purposes. 1. Short title; amendments to Immigration and Nationality Act (a) Short Title This Act may be cited as the Uniting American Families Act of 2013 . (b) Amendments to Immigration and Nationality Act Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed as the amendment or repeal of a section or other provision, the reference shall be considered to be made to that section or provision in the Immigration and Nationality Act. 2. Definitions of permanent partner and permanent partnership Section 101(a) ( 8 U.S.C. 1101(a) ) is amended— (1) in paragraph (15)(K)(ii), by inserting or permanent partnership after marriage ; and (2) by adding at the end the following: (53) The term permanent partner means an individual 18 years of age or older who— (A) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment; (B) is financially interdependent with that other individual; (C) is not married to or in a permanent partnership with anyone other than that other individual; (D) is unable to contract with that other individual a marriage cognizable under this Act; and (E) is not a first-, second-, or third-degree blood relation of that other individual. (53) The term permanent partnership means the relationship that exists between two permanent partners. (54) The term alien permanent partner means the individual in a permanent partnership who is being sponsored for a visa . 3. Definition of child (a) Titles I and II Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended by adding at the end the following: (H) (i) a biological child of an alien permanent partner if the child was under the age of 18 at the time the permanent partnership was formed; or (ii) a child adopted by an alien permanent partner while under the age of 16 years if the child has been in the legal custody of, and has resided with, such adoptive parent for at least 2 years and if the child was under the age of 18 at the time the permanent partnership was formed. . (b) Title III Section 101(c) (8 U.S.C. 1101(c)) is amended— (1) in paragraph (1), by inserting or as described in subsection (b)(1)(H) after The term child means an unmarried person under twenty-one years of age ; and (2) in paragraph (2), by inserting or a deceased permanent partner of the deceased parent, father, or mother, after deceased parent, father, and mother . 4. Worldwide level of immigration Section 201(b)(2)(A)(i) ( 8 U.S.C. 1151(b)(2)(A)(i) ) is amended— (1) by inserting permanent partners, after spouses, ; (2) by inserting or permanent partner after spouse each place it appears; (3) by inserting (or, in the case of a permanent partnership, whose permanent partnership was not terminated) after was not legally separated from the citizen ; and (4) by striking remarries. and inserting remarries or enters a permanent partnership with another person. . 5. Numerical limitations on individual foreign states (a) Per country levels Section 202(a)(4) ( 8 U.S.C. 1152(a)(4) ) is amended— (1) in the heading, by inserting , permanent partners, after spouses ; (2) in the heading of subparagraph (A), by inserting , permanent partners, after spouses ; and (3) in the heading of subparagraph (C), by striking and daughters inserting without permanent partners and unmarried daughters without permanent partners . (b) Rules for chargeability Section 202(b)(2) ( 8 U.S.C. 1152(b)(2) ) is amended— (1) by inserting or permanent partner after spouse each place it appears; and (2) by inserting or permanent partners after husband and wife . 6. Allocation of immigrant visas (a) Preference allocation for family members of permanent resident aliens Section 203(a)(2) ( 8 U.S.C. 1153(a)(2) ) is amended— (1) in the heading— (A) by striking and after spouses and inserting , permanent partners, ; and (B) by inserting without permanent partners after sons and after daughters ; (2) in subparagraph (A), by inserting , permanent partners, after spouses ; and (3) in subparagraph (B), by inserting without permanent partners after sons and after daughters . (b) Preference allocation for sons and daughters of citizens Section 203(a)(3) ( 8 U.S.C. 1153(a)(3) ) is amended— (1) in the heading, by inserting and daughters and sons with permanent partners after daughters ; and (2) by inserting , or daughters or sons with permanent partners, after daughters . (c) Employment creation Section 203(b)(5)(A)(ii) ( 8 U.S.C. 1153(b)(5)(A)(ii) ) is amended by inserting permanent partner, after spouse, . (d) Treatment of family members Section 203(d) ( 8 U.S.C. 1153(d) ) is amended— (1) by inserting , permanent partner, after spouse each place it appears; and (2) by striking or (E) and inserting (E), or (H) . 7. Procedure for granting immigrant status (a) Classification petitions Section 204(a)(1) ( 8 U.S.C. 1154(a)(1) ) is amended— (1) in subparagraph (A)(ii), by inserting or permanent partner after spouse ; (2) in subparagraph (A)(iii)— (A) by inserting or permanent partner after spouse each place it appears; and (B) in subclause (I), by inserting or permanent partnership after marriage each place it appears; (3) in subparagraph (A)(v)(I), by inserting permanent partner, after is the spouse, ; (4) in subparagraph (A)(vi)— (A) by inserting or termination of the permanent partnership after divorce ; and (B) by inserting , permanent partner, after spouse ; and (5) in subparagraph (B)— (A) by inserting or permanent partner after spouse each place it appears; (B) by inserting or permanent partnership after marriage in clause (ii)(I)(aa) and the first place it appears in clause (ii)(I)(bb); and (C) in clause (ii)(II)(aa)(CC)(bbb), by inserting (or the termination of the permanent partnership) after termination of the marriage . (b) Immigration fraud prevention Section 204(c) ( 8 U.S.C. 1154(c) ) is amended— (1) by inserting or permanent partner after spouse each place it appears; and (2) by inserting or permanent partnership after marriage each place it appears. (c) Restrictions on petitions based on marriages entered while in exclusion or deportation proceedings Section 204(g) ( 8 U.S.C. 1154(g) ) is amended by inserting or permanent partnership after marriage each place it appears. (d) Survival of rights To petition Section 204(h) ( 8 U.S.C. 1154(h) ) is amended— (1) by inserting or permanent partnership after marriage each place it appears; and (2) by inserting or formation of a new permanent partnership after Remarriage . 8. Annual admission of refugees and admission of emergency situation refugees Section 207(c) ( 8 U.S.C. 1157(c) ) is amended— (1) in paragraph (2)— (A) by inserting or permanent partner after spouse each place it appears; (B) by inserting or permanent partner’s after spouse’s ; and (C) in subparagraph (A)— (i) by striking or after (D), ; and (ii) by inserting , or (H) after (E) ; and (2) in paragraph (4), by inserting or permanent partner after spouse. . 9. Asylum Section 208(b)(3) ( 8 U.S.C. 1158(b)(3) ) is amended— (1) in the paragraph heading, by inserting or permanent partner after spouse ; (2) in subparagraph (A)— (A) by inserting or permanent partner after spouse ; (B) by striking or after (D), ; and (C) by inserting , or (H) after (E) . 10. Adjustment of status of refugees Section 209(b)(3) ( 8 U.S.C. 1159(b)(3) ) is amended by inserting or permanent partner after spouse . 11. Inadmissible aliens (a) Classes of aliens ineligible for visas or admission Section 212(a) (8 U.S.C. 1182(a)) is amended— (1) in paragraph (3)(D)(iv), by inserting permanent partner, after spouse, ; (2) in paragraph (4)(C)(i)(I), by inserting , permanent partner, after spouse ; (3) in paragraph (6)(E)(ii), by inserting permanent partner, after spouse, ; and (4) in paragraph (9)(B)(v), by inserting , permanent partner, after spouse . (b) Waivers Section 212(d) ( 8 U.S.C. 1182(d) ) is amended— (1) in paragraph (11), by inserting permanent partner, after spouse, ; and (2) in paragraph (12), by inserting , permanent partner, after spouse . (c) Waivers of inadmissibility on health-Related grounds Section 212(g)(1)(A) (8 U.S.C. 1182(g)(1)(A)) is amended by inserting or permanent partner after spouse . (d) Waivers of inadmissibility on criminal and related grounds Section 212(h)(1)(B) ( 8 U.S.C. 1182(h)(1)(B) ) is amended by inserting permanent partner, after spouse, . (e) Waiver of inadmissibility for misrepresentation Section 212(i)(1) (8 U.S.C. 1182(i)(1)) is amended by inserting permanent partner, after spouse, . 12. Nonimmigrant status for permanent partners awaiting the availability of an immigrant visa Section 214 (8 U.S.C. 1184) is amended— (1) in subsection (e)(2), by inserting or permanent partner after spouse ; and (2) in subsection (r)— (A) in paragraph (1), by inserting or permanent partner after spouse ; and (B) by inserting or permanent partnership after marriage each place it appears. 13. Derivative status for permanent partners of nonimmigrant visa holders Section 101(a)(15) ( 8 U.S.C. 1101(a)(15) ) is amended— (1) in subparagraph (A)— (A) in clause (i), by inserting , which shall include permanent partners after immediate family ; (B) in clause (ii), by inserting , which shall include permanent partners after immediate families ; and (C) in clause (iii), by inserting , which shall include permanent partners, after immediate families, ; (2) in subparagraph (E), by inserting or permanent partner after spouse ; (3) in subparagraph (F)(ii), by inserting or permanent partner after spouse ; (4) in subparagraph (G)(i), by inserting , which shall include his or her permanent partner after members of his or their immediate family ; (5) in subparagraph (G)(ii), by inserting , which shall include permanent partners, after the members of their immediate families ; (6) in subparagraph (G)(iii), by inserting , which shall include his permanent partner, after the members of his immediate family ; (7) in subparagraph (G)(iv), by inserting , which shall include permanent partners after the members of their immediate families ; (8) in subparagraph (G)(v), by inserting , which shall include permanent partners after the members of the immediate families ; (9) in subparagraph (H), by inserting or permanent partner after spouse ; (10) in subparagraph (I), by inserting or permanent partner after spouse ; (11) in subparagraph (J), by inserting or permanent partner after spouse ; (12) in subparagraph (L), by inserting or permanent partner after spouse ; (13) in subparagraph (M)(ii), by inserting or permanent partner after spouse ; (14) in subparagraph (O)(iii), by inserting or permanent partner after spouse ; (15) in subparagraph (P)(iv), by inserting or permanent partner after spouse ; (16) in subparagraph (Q)(ii)(II), by inserting or permanent partner after spouse ; (17) in subparagraph (R), by inserting or permanent partner after spouse ; (18) in subparagraph (S), by inserting or permanent partner after spouse ; (19) in subparagraph (T)(ii)(I), by inserting or permanent partner after spouse ; (20) in subparagraph (T)(ii)(II), by inserting or permanent partner after spouse ; (21) in subparagraph (U)(ii)(I), by inserting or permanent partner after spouse ; (22) in subparagraph (U)(ii)(II), by inserting or permanent partner after spouse ; and (23) in subparagraph (V), by inserting permanent partner or after beneficiary (including a . 14. Conditional permanent resident status for certain alien spouses, permanent partners, and sons and daughters (a) Section heading (1) In general The heading for section 216 ( 8 U.S.C. 1186a ) is amended by inserting and permanent partners after spouses . (2) Clerical amendment The table of contents is amended by amending the item relating to section 216 to read as follows: Sec. 216. Conditional permanent resident status for certain alien spouses and permanent partners and sons and daughters. . (b) In general Section 216(a) ( 8 U.S.C. 1186a(a) ) is amended— (1) in paragraph (1), by inserting or permanent partner after spouse ; (2) in paragraph (2)(A), by inserting or permanent partner after spouse ; (3) in paragraph (2)(B), by inserting permanent partner, after spouse, ; and (4) in paragraph (2)(C), by inserting permanent partner, after spouse, . (c) Termination of status if finding that qualifying marriage improper Section 216(b) of such Act ( 8 U.S.C. 1186a(b) ) is amended— (1) in the heading, by inserting or permanent partnership after marriage ; (2) in paragraph (1)(A), by inserting or permanent partnership after marriage ; and (3) in paragraph (1)(A)(ii)— (A) by inserting or has ceased to satisfy the criteria for being considered a permanent partnership under this Act, after terminated, ; and (B) by inserting or permanent partner after spouse . (d) Requirements of timely petition and interview for removal of condition Section 216(c) ( 8 U.S.C. 1186a(c) ) is amended— (1) in paragraphs (1), (2)(A)(ii), (3)(A)(ii), (3)(C), (4)(B), and (4)(C), by inserting or permanent partner after spouse each place it appears; and (2) in paragraph (3)(A), in the matter following clause (ii), and in paragraphs (3)(D), (4)(B), and (4)(C), by inserting or permanent partnership after marriage each place it appears. (e) Contents of petition Section 216(d)(1) of such Act ( 8 U.S.C. 1186a(d)(1) ) is amended— (1) in the heading of subparagraph (A), by inserting or permanent partnership after marriage ; (2) in subparagraph (A)(i), by inserting or permanent partnership after marriage ; (3) in subparagraph (A)(i)(I), by inserting before the comma at the end , or is a permanent partnership recognized under this Act ; (4) in subparagraph (A)(i)(II)— (A) by inserting or has not ceased to satisfy the criteria for being considered a permanent partnership under this Act, after terminated, ; and (B) by inserting or permanent partner after spouse ; (5) in subparagraph (A)(ii), by inserting or permanent partner after spouse ; and (6) in subparagraph (B)(i)— (A) by inserting or permanent partnership after marriage ; and (B) by inserting or permanent partner after spouse . (f) Service in Armed Forces Section 216(g) ( 8 U.S.C. 1186a(g) ) is amended by inserting or permanent partner after spouse each place such term appears. (g) Definitions Section 216(h) ( 8 U.S.C. 1186a(h) ) is amended— (1) in paragraph (1)— (A) by inserting or permanent partner after spouse each place it appears; and (B) by inserting or permanent partnership after marriage each place it appears; (2) in paragraph (2), by inserting or permanent partnership after marriage ; (3) in paragraph (3), by inserting or permanent partnership after marriage ; and (4) in paragraph (4)— (A) by inserting or permanent partner after spouse each place it appears; and (B) by inserting or permanent partnership after marriage . 15. Conditional permanent resident status for certain alien entrepreneurs, spouses, permanent partners, and children (a) Section heading (1) In general The heading for section 216A ( 8 U.S.C. 1186b ) is amended by inserting or permanent partners after spouses . (2) Clerical amendment The table of contents is amended by amending the item relating to section 216A to read as follows: Sec. 216A. Conditional permanent resident status for certain alien entrepreneurs, spouses or permanent partners, and children. . (b) In general Section 216A(a) ( 8 U.S.C. 1186b(a) ) is amended, in paragraphs (1), (2)(A), (2)(B), and (2)(C), by inserting or permanent partner after spouse each place it appears. (c) Termination of status if finding that qualifying entrepreneurship improper Section 216A(b)(1) ( 8 U.S.C. 1186b(b)(1) ) is amended by inserting or permanent partner after spouse in the matter following subparagraph (C). (d) Requirements of timely petition and interview for removal of condition Section 216A(c) ( 8 U.S.C. 1186b(c) ) is amended, in paragraphs (1), (2)(A)(ii), and (3)(C), by inserting or permanent partner after spouse . (e) Definitions Section 216A(f)(2) ( 8 U.S.C. 1186b(f)(2) ) is amended by inserting or permanent partner after spouse each place it appears. 16. Deportable aliens Section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a)) is amended— (1) in paragraph (1)(D)(i), by inserting or permanent partners after spouses each place it appears; (2) in paragraphs (1)(E)(ii), (1)(E)(iii), and (1)(H)(i)(I), by inserting or permanent partner after spouse ; (3) by adding at the end of paragraph (1) the following new subparagraph: (I) Permanent Partnership fraud An alien shall be considered to be deportable as having procured a visa or other documentation by fraud (within the meaning of section 212(a)(6)(C)(i)) and to be in the United States in violation of this Act (within the meaning of subparagraph (B)) if— (i) the alien obtains any admission to the United States with an immigrant visa or other documentation procured on the basis of a permanent partnership entered into less than 2 years prior to such admission and which, within 2 years subsequent to such admission, is terminated because the criteria for permanent partnership are no longer fulfilled, unless the alien establishes to the satisfaction of the Secretary of Homeland Security that such permanent partnership was not contracted for the purpose of evading any provisions of the immigration laws; or (ii) it appears to the satisfaction of the Secretary of Homeland Security that the alien has failed or refused to fulfill the alien’s permanent partnership which in the opinion of the Secretary of Homeland Security was made for the purpose of procuring the alien’s admission as an immigrant. ; and (4) in paragraphs (2)(E)(i) and (3)(C)(ii), by inserting or permanent partner after spouse each place it appears. 17. Removal proceedings Section 240 (8 U.S.C. 1229a) is amended— (1) in the heading of subsection (c)(7)(C)(iv), by inserting permanent partners, after spouses, ; and (2) in subsection (e)(1), by inserting or permanent partner after spouse . 18. Cancellation of removal; adjustment of status Section 240A(b) ( 8 U.S.C. 1229b(b) ) is amended— (1) in paragraph (1)(D), by inserting or permanent partner after spouse ; (2) in the heading for paragraph (2), by inserting , permanent partner, after spouse ; and (3) in paragraph (2)(A), by inserting , permanent partner, after spouse each place it appears. 19. Adjustment of status of nonimmigrant to that of person admitted for permanent residence (a) Prohibition on adjustment of status Section 245(d) ( 8 U.S.C. 1255(d) ) is amended by inserting or permanent partnership after marriage . (b) Avoiding immigration fraud Section 245(e) ( 8 U.S.C. 1255(e) ) is amended— (1) in paragraph (1), by inserting or permanent partnership after marriage ; and (2) by adding at the end the following new paragraph: (4) Paragraph (1) and section 204(g) shall not apply with respect to a permanent partnership if the alien establishes by clear and convincing evidence to the satisfaction of the Secretary of Homeland Security that the permanent partnership was entered into in good faith and in accordance with section 101(a)(52) and the permanent partnership was not entered into for the purpose of procuring the alien’s admission as an immigrant and no fee or other consideration was given (other than a fee or other consideration to an attorney for assistance in preparation of a lawful petition) for the filing of a petition under section 204(a) or 214(d) with respect to the alien permanent partner. In accordance with regulations, there shall be only one level of administrative appellate review for each alien under the previous sentence. . (c) Adjustment of status for certain aliens paying fee Section 245(i)(1) (8 U.S.C. 1255(i)(1)) is amended by inserting or permanent partner after spouse each place it appears. (d) Adjustment of status for certain alien informants Section 245(j) (8 U.S.C. 1255(j)) is amended— (1) in paragraph (1)— (A) by inserting or permanent partner after spouse ; and (B) by inserting sons and daughters with and without permanent partners, after daughters, ; and (2) in paragraph (2)— (A) by inserting or permanent partner after spouse ; and (B) by inserting sons and daughters with and without permanent partners, after daughters, . (e) Trafficking Section 245(l)(1) is amended by inserting permanent partner, after spouse, . 20. Application of criminal penalties for misrepresentation and concealment of facts regarding permanent partnerships Section 275(c) ( 8 U.S.C. 1325(c) ) is amended to read as follows: (c) Any individual who knowingly enters into a marriage or permanent partnership for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both. . 21. Requirements as to residence, good moral character, attachment to the principles of the Constitution Section 316(b) (8 U.S.C. 1427(b)) is amended by inserting or permanent partner after spouse . 22. Naturalization for permanent partners of citizens Section 319 ( 8 U.S.C. 1430 ) is amended— (1) in subsection (a), by inserting or permanent partner after spouse each place it appears; (2) in subsection (a), by inserting or permanent partnership after marital union ; (3) in subsection (b)(1), by inserting or permanent partner after spouse ; (4) in subsection (b)(3), by inserting or permanent partner after spouse ; (5) in subsection (d)— (A) by inserting or permanent partner after spouse each place it appears; and (B) by inserting or permanent partnership after marital union ; (6) in subsection (e)(1)— (A) by inserting or permanent partner after spouse ; and (B) by inserting or permanent partnership after marital union ; and (7) in subsection (e)(2), by inserting or permanent partner after spouse . 23. Application of family unity provisions to permanent partners of certain LIFE Act beneficiaries Section 1504 of the LIFE Act (division B of the Miscellaneous Appropriations Act, 2001, as enacted into law by section 1(a)(4) of Public Law 106–554 ) is amended— (1) in the heading, by inserting , permanent partners, after spouses ; (2) in subsection (a), by inserting , permanent partner, after spouse ; and (3) in each of subsections (b) and (c)— (A) in the subsection headings, by inserting , permanent partners, after spouses ; and (B) by inserting , permanent partner, after spouse each place it appears. 24. Application to Cuban Adjustment Act (a) In general The first section of Public Law 89–732 (November 2, 1966; 8 U.S.C. 1255 note) is amended— (1) in the next to last sentence, by inserting , permanent partner, after spouse the first two places it appears; and (2) in the last sentence, by inserting , permanent partners, after spouses . (b) Conforming amendment Section 101(a)(51)(D) ( 8 U.S.C. 1101(a)(51)(D) ) is amended by striking or spouse and inserting , spouse, or permanent partner .

https://www.govinfo.gov/content/pkg/BILLS-113hr519ih/xml/BILLS-113hr519ih.xml

113-hr-520

I 113th CONGRESS 1st Session H. R. 520 IN THE HOUSE OF REPRESENTATIVES February 5, 2013 Ms. Speier (for herself, Ms. Bordallo , Mr. Clay , Mr. Conyers , Mr. Ellison , Ms. Eshoo , Mr. Farr , Mr. Israel , Ms. Lee of California , Mr. McDermott , Mr. George Miller of California , Ms. Moore , Mr. Nadler , Ms. Norton , Mr. Thompson of Mississippi , Mr. Huffman , and Mr. Grijalva ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to conduct a study of alternatives for commemorating and interpreting the role of the Buffalo Soldiers in the early years of the National Parks, and for other purposes. 1. Short title This Act may be cited as the Buffalo Soldiers in the National Parks Study Act . 2. Findings and purpose (a) Findings The Congress finds the following: (1) In the late 19th century and early 20th century, African-American troops who came to be known as the Buffalo Soldiers served in many critical roles in the western United States, including protecting some of the first National Parks. (2) Based at the Presidio in San Francisco, Buffalo Soldiers were assigned to Sequoia and Yosemite National Parks where they patrolled the backcountry, built trails, stopped poaching, and otherwise served in the roles later assumed by National Park rangers. (3) The public would benefit from having opportunities to learn more about the Buffalo Soldiers in the National Parks and their contributions to the management of National Parks and the legacy of African-Americans in the post-Civil War era. (4) As the centennial of the National Park Service in 2016 approaches, it is an especially appropriate time to conduct research and increase public awareness of the stewardship role the Buffalo Soldiers played in the early years of the National Parks. (b) Purpose The purpose of this Act is to authorize a study to determine the most effective ways to increase understanding and public awareness of the critical role that the Buffalo Soldiers played in the early years of the National Parks. 3. Study (a) In general The Secretary of the Interior shall conduct a study of alternatives for commemorating and interpreting the role of the Buffalo Soldiers in the early years of the National Parks. (b) Contents of study The study shall include— (1) a historical assessment, based on extensive research, of the Buffalo Soldiers who served in National Parks in the years prior to the establishment of the National Park Service; (2) an evaluation of the suitability and feasibility of establishing a national historic trail commemorating the route traveled by the Buffalo Soldiers from their post in the Presidio of San Francisco to Sequoia and Yosemite National Parks and to any other National Parks where they may have served; (3) the identification of properties that could meet criteria for listing in the National Register of Historic Places or criteria for designation as National Historic Landmarks; (4) an evaluation of appropriate ways to enhance historical research, education, interpretation, and public awareness of the story of the Buffalo Soldiers’ stewardship role in the National Parks, including ways to link the story to the development of National Parks and the story of African-American military service following the Civil War; and (5) any other matters that the Secretary of the Interior deems appropriate for this study. (c) Report Not later than 3 years after funds are made available for the study, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the study’s findings and recommendations.

https://www.govinfo.gov/content/pkg/BILLS-113hr520ih/xml/BILLS-113hr520ih.xml

113-hr-521

I 113th CONGRESS 1st Session H. R. 521 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. George Miller of California introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To award grants to encourage State educational agencies, local educational agencies, and schools to utilize technology to improve student achievement and college-and-career readiness, the skills of teachers and school leaders, and the efficiency and productivity of education systems at all levels. 1. Short title This Act may be cited as the Transforming Education through Technology Act . 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. Sec. 4. Purposes. Sec. 5. E-rate restriction. Sec. 6. Rule of construction regarding purchasing. Sec. 7. Definitions. Title I—Technology Readiness and Access Sec. 101. Technology grants program authorized. Sec. 102. State applications. Sec. 103. State use of grant funds. Sec. 104. Local subgrants. Sec. 105. Reporting. Sec. 106. Authorization. Title II—Technology for Tomorrow Fund Sec. 201. Short title. Sec. 202. Technology for tomorrow fund. Sec. 203. Application. Sec. 204. Use of funds. Sec. 205. Data collection and reporting. Sec. 206. Performance measurement and evaluation and dissemination. Sec. 207. Authorization of appropriations. 3. Findings Congress finds the following: (1) There is growing opportunity provided by technology in classrooms, for every grade, in every subject, and for all types of learners, to— (A) ensure that students are college-and-career ready; and (B) access the accelerating roll-out of online assessments. (2) Comprehensive education technology programs have shown great success in improving student achievement, reducing secondary school dropout rates, and improving graduation and college enrollment rates. (3) Mooresville Graded School District in the State of North Carolina has implemented an integrated education technology initiative, which has led to its ranking as the third highest achieving district in the State, with 21 percent composite achievement rate increases and 25 percent graduation rate increases over 5 years. (4) At Manor New Tech High School in the State of Texas, where 65 percent of students receive free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) and 75 percent are students of color, a project-based learning focus on science, technology, engineering and mathematics, has led to 62 percent of students being the first generation in their families to enroll in an institution of higher education and a near zero secondary school dropout rate. (5) At the City Arts and Technology High School Envisions in San Francisco, California, which emphasizes personalized learning environments, integration of arts and technology in project-based learning, and development of deeper learning skills, 98 percent of the graduates enrolled at an institution of higher education, 91 percent remained enrolled at such an institution, and 100 percent met the course requirements for entrance to the University of California. (6) The Federal Government placed a strong emphasis on technology professional development in the past decade, but no longer provides any funding support for such activities. Annual appropriations for grants awarded under the Enhancing Education through Technology Act of 2001 under subpart D of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6751 et seq. ) ended in 2010 and all funds appropriated by the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) for such grants were to have been spent by September 2011. (7) Online professional development courses offer excellent opportunities for educators to receive the training that they need 24 hours each day, 7 days each week. However, a recent survey indicates that only 25 percent of teachers make use of online professional development courses. (8) For technology to be fully integrated into classrooms and to ensure that students are college-and-career ready, it is critical that school administrators are confident in their abilities to use technology and thereby lead change in their schools and local educational agencies. The Federal Government must invest in building leadership skills and capacity for technology to truly take hold in our Nation’s schools. 4. Purposes The purposes of this Act are to— (1) improve the achievement, academic growth, and college-and-career readiness of students who have developed the ability to think critically, apply knowledge to solve complex problems, work collaboratively, communicate effectively, be self-directed, and be responsible digital citizens; (2) ensure all students have access to individualized, rigorous, and engaging digital learning experiences; (3) ensure that educators have the knowledge and skills to develop and implement digital learning curriculum, use technology effectively in order to personalize and strengthen instruction, and effectively deliver and utilize assessments to measure student outcomes and support student success; (4) ensure that administrators have the leadership, management, knowledge, and skills to design, develop, and implement a school or local educational agency-wide digital age learning environment; (5) improve the efficiency and productivity of education through technology; (6) address the connectivity needs of local educational agencies and educational service agencies that are eligible for support under the E-rate program without duplicating the support available under such program; and (7) ensure that State educational agencies, local educational agencies, and elementary schools and secondary schools have the technological capacity and infrastructure to meet purposes described in paragraphs (1) through (6). 5. E-rate restriction Funds awarded under this Act may be used to address the networking needs of a recipient of such funds for which the recipient is eligible to receive support under the E-rate program, except that such funds may not be duplicative of support received by the recipient under the E-rate program. 6. Rule of construction regarding purchasing Nothing in this Act shall be construed to permit a recipient of funds under this Act to purchase goods or services using such funds without ensuring that the purchase is free of any conflict of interest between such recipient, or any partner of such recipient, and the person or entity receiving such funds. 7. Definitions In this Act: (1) In general Except as otherwise provided in this Act, any term that is defined in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ) has the meaning given the term in such section. (2) Digital learning The term digital learning means any instructional practice that effectively uses technology to strengthen a student’s learning experience and encompasses a wide spectrum of tools and practices, including— (A) interactive learning resources that engage students in academic content; (B) access to online databases and other primary source documents; (C) the use of data to personalize learning and provide targeted supplementary instruction; (D) student collaboration with content experts and peers; (E) online and computer-based assessments; (F) digital content, adaptive, and simulation software or courseware, (G) online courses, online instruction, or digital learning platforms; (H) mobile and wireless technologies for learning in school and at home; (I) learning environments that allow for rich collaboration and communication; (J) authentic audiences for learning in a relevant, real world experience; (K) teacher participation in virtual professional communities of practice; and (L) hybrid or blended learning, which occurs under direct instructor supervision at a school or other location away from home and, at least in part, through online delivery of instruction with some element of student control over time, place, path, or pace. (3) Eligible partnership The term eligible partnership means a partnership that includes— (A) not less than 1— (i) State educational agency; or (ii) local educational agency or consortium of local educational agencies; and (B) not less than 1— (i) local educational agency, educational service agency, consortium of local educational agencies, or consortium of educational service agencies; (ii) institution of higher education; (iii) nonprofit or community-based organization; or (iv) business or for-profit organization. (4) Eligible technology The term eligible technology means modern information, computer, and communication technology hardware, software, services, or tools, including computer or mobile hardware devices and other computer and communications hardware, software applications, systems and platforms, and digital and online content, courseware, and online instruction and other online services and supports. (5) E-rate program The term E-rate program means the Schools and Libraries Universal Service Support Mechanism. (6) Professional development The term professional development is a process of continuous improvement for teachers and school leaders that improves educator knowledge, skills, and practice toward the goal of increased student achievement and— (A) is intensive, ongoing, connected to practice, and on-site where allowable; (B) is focused on student learning and addresses the teaching of specific curriculum content; (C) is aligned with school improvement priorities and goals of the school and local educational agency; and (D) builds strong working relationships among teachers and school leaders that— (i) may be built around active professional learning communities; and (ii) may contain on-demand components, such as instructional videos, training documents, or learning modules. (7) Secretary The term Secretary means the Secretary of Education. (8) Student technology literacy The term student technology literacy means student knowledge and skills in using contemporary information, communication, and learning technologies in a manner necessary for successful employment, lifelong learning, and citizenship in the knowledge-based, digital, and global 21st century, including, at a minimum, the ability to— (A) effectively communicate and collaborate; (B) analyze and solve problems; (C) access, evaluate, manage, and create information and otherwise gain information literacy; (D) demonstrate creative thinking, construct knowledge, and develop innovative products and processes; and (E) carry out the activities described in subparagraphs (A) through (D) in a safe and ethical manner. (9) Technology readiness survey The term technology readiness survey means a survey completed by a local educational agency that provides standardized information comparable to the information collected through the technology readiness survey administered under the Race to the Top Assessment program under section 14006 of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ) on the quantity and types of technology infrastructure and access available to the students served by the local educational agency, including computer devices, Internet connectivity, operating systems, related network infrastructure, data systems, and— (A) requiring— (i) an internal review of the degree to which instruction, additional student support, and professional development is delivered in digital formats, media, and platforms and is available to students and educators at any time; (ii) an internal review of the ability of educators to use assessments and other student data to personalize and strengthen instruction and identify professional development needs and priorities; and (iii) any other information required by the State educational agency serving the local educational agency; and (B) may include an assessment of local community needs to ensure students have adequate on-line access and access to devices for school-related work during out-of-school time. (10) Universal design for learning The term universal design for learning has the meaning given the term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). I Technology Readiness and Access 101. Technology grants program authorized (a) In general From the amounts appropriated under section 106 , the Secretary shall award State Grants for Technology Readiness and Access (in this title referred to as grants ) to State educational agencies to strengthen State and local technological infrastructure and professional development that supports digital learning through State activities under section 103(c) and local activities under section 104(c) . (b) Grants to State educational agencies (1) Reservations From the amounts appropriated under section 106 for any fiscal year, the Secretary shall reserve— (A) three-fourths of 1 percent for the Secretary of Interior to provide assistance under this title for schools operated or funded by the Bureau of Indian Education; and (B) 1 percent to provide assistance under this title to the outlying areas; and (2) Grants From the amounts appropriated under section 106 for any fiscal year and remaining after the Secretary makes reservations under paragraph (1) , the Secretary shall make a grant for the fiscal year to each State educational agency with an approved application under section 102 in an amount that bears the same relationship to such remainder as the amount the State educational agency received under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for such year bears to the amount all State educational agencies with an approved application under section 102 received under such part (20 U.S.C. 6311 et seq.) for such year. (c) Minimum The amount of a grant to a State educational agency under subsection (b)(2) for a fiscal year may not be less than one-half of 1 percent of the total amount made available for grants to all State educational agencies under such subsection for such year. (d) Reallotment of unused funds If any State educational agency does not apply for a grant under subsection (b)(2) for a fiscal year, or does not use its entire grant under subsection (b)(2) for such year, the Secretary shall reallot the amount of the State educational agency’s grant, or the unused portion of the grant, to the remaining State educational agencies that use their entire grant amounts under subsection (b)(2) for such year. (e) Matching funds (1) In general A State educational agency that receives a grant under subsection (b)(2) shall provide matching funds, from non-Federal sources, in an amount equal to 20 percent of the amount of grant funds provided to the State educational agency to carry out the activities supported by the grant. Such matching funds may be provided in cash or in-kind, except that any such in-kind contributions shall be provided for the purpose of supporting the State educational agency’s activities under section 104(c) . (2) Waiver The Secretary may waive the matching requirement under paragraph (1) for a State educational agency that demonstrates that such requirement imposes an undue financial hardship on the State educational agency. 102. State applications (a) Application To receive a grant under section 101(b)(2) , a State educational agency shall submit to the Secretary an application at such time and in such manner as the Secretary may require and containing the information described in subsection (b) . (b) Contents Each application submitted under subsection (a) shall include the following: (1) A description of how the State educational agency will meet the following goals: (A) Use technology to ensure all students achieve college-and-career readiness and technology literacy, including by providing high-quality education opportunities to economically or geographically isolated student populations. (B) Provide educators with the tools, devices, content, and resources to— (i) significantly improve teaching and learning, including support to increase personalization for and engagement of students in pursuit of college-and-career readiness and technology literacy; and (ii) develop and use assessments to improve instruction consistent with the principles of universal design for learning, including for students with disabilities and English-language learners. (C) Ensure administrators and school leaders have the flexibility and capacity to develop and manage systems to carry out activities described in subparagraphs (A) and (B), and support administrators and school leaders in utilizing technology to promote equity and increase efficiency and productivity. (D) Enable local educational agencies to build the technological capacity and infrastructure (including through local purchasing of eligible technology), necessary for the full implementation of on-line assessments for all students, (including students with disabilities and English-language learners) and to— (i) ensure the interoperability of data systems and eligible technology; and (ii) carry out subparagraphs (A) through (C). (2) A description of the results of the technology readiness in the State as determined by local educational agency responses to the technology readiness survey, including— (A) the status of the ability of each local educational agency served by the State educational agency to meet the goals described in section 104(b)(1) ; (B) an assurance that not less 90 percent of the local educational agencies served by the State educational agency have completed and submitted the technology readiness survey to the State educational agency; and (C) an assurance that the results of the technology readiness survey for each such local educational agency are made available to the Secretary and the public through the Website of the local educational agency. (3) A description of the plan for the State educational agency to support each local educational agency served by the State educational agency in meeting the goals described in section 104(b)(1) not later than 3 years after the local educational agency completes the technology readiness survey by addressing the readiness gaps identified in such survey. (4) A description of the State’s process for the adoption, acquisition, distribution, and use of content, how the State will ensure integrity of such processes, and how such processes support the goals under paragraph (1) or how a State will change such processes to support such goals, and how the State will ensure content quality. (5) A description of how the State educational agency will ensure its data systems and eligible technology are interoperable. (6) An assurance that the State educational will consider making content widely available through open educational resources when making purchasing decisions with funds received under this title. (7) A description of the State’s student technology literacy standards and the technology standards for teachers and administrators, and an assurance that the State’s student technology literacy standards meet the requirements of section 7(8). (8) An assurance that subgrant awards under section 104 will be carried out by the State educational agency staff with responsibility for leadership, coordination, and implementation of instructional and other classroom technologies. (9) A description of how the State educational agency will award subgrants to local educational agencies under section 104 . (10) A description of the process, activities, and performance measures, that the State educational agency will use to evaluate the impact and effectiveness of the grant and subgrants funds awarded under this title across the State and in each local educational agency. (11) A description of how the State educational agency will, in providing technical and other assistance to local educational agencies, give priority to the local educational agencies proposing to target services to— (A) students in schools in need of improvement and persistently low-achieving schools; and (B) schools with a high percentage of students that are eligible for free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.). (12) A description of how the State educational agency consulted with local educational agencies in the development of the State educational agency’s application under this subsection. (13) An assurance that the State educational agency will provide matching funds as required under section 101(e) . (14) A description of how the State educational agency will ensure that funds received under this title is not duplicative of support received under the E-rate program. (15) An assurance that the State educational agency will protect the privacy and safety of students and teachers, consistent with requirements of section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the Family Educational Rights and Privacy Act of 1974 ) and section 2441(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6777(a) ). 103. State use of grant funds (a) Reservation for subgrants To support technology infrastructure Each State educational agency that receives a grant under section 101(b)(2) shall expend not less 90 percent of the grant amount for each fiscal year to award subgrants to local educational agencies in accordance with section 104 . (b) Reservation for State activities (1) In general A State educational agency shall reserve not more than 10 percent of the grant received under section 101(b)(2) for the State activities described in subsection (c). (2) Grant administration Of the amount reserved by a State educational agency under paragraph (1) , the State educational agency may reserve not more than 1 percent or 3 percent, in the case of a State educational agency awarding subgrants under section 104(a)(2) , for the administration of the grant under this title, except that a State educational agency that forms a State purchasing consortium under subsection (d) — (A) may reserve an additional 1 percent to carry out the activities described in subsection (d)(1) ; and (B) shall receive direct approval from the local educational agencies receiving subgrants under section 104(a) from the State educational agency prior to reserving more than the additional percentage authorized under subparagraph (A) to carry out the activities described in subsection (d)(1) . (c) State activities A State educational agency shall use funds described in subsection (b) to carry out each of the following: (1) Except for the awarding of subgrants in accordance with section 104 , activities described in the State educational agency’s application under section 102(b) . (2) Providing technical assistance to local educational agencies to— (A) identify and address technology readiness needs; (B) redesign curriculum and instruction, improve educational productivity, and deliver computer-based and online assessment; (C) use technology, consistent with the principles of universal design for learning, to support the learning needs of all students including students with disabilities and English-language learners; (D) support principals to have the expertise to evaluate teachers’ proficiency in implementing digital tools for teaching and learning; and (E) build capacity for individual school and local educational agency leaders. (3) Developing or utilizing research-based or innovative strategies for the delivery of specialized or rigorous academic courses and curricula through the use of technology, including digital learning technologies and assistive technology. (4) Integrating and coordinating activities under this title with other educational resources and programs across the State. (5) Disseminating information, including making publicly available on the Websites of the State educational agency promising practices to improve technology instruction, and acquiring and implementing technology tools and applications. (6) Ensuring that teachers, paraprofessionals, library and media personnel, specialized instructional support personnel, and administrators possess the knowledge and skills to use technology— (A) for curriculum redesign to change teaching and learning and improve student achievement; (B) for formative and summative assessment administration, data analysis, and to personalize learning; (C) to improve student technology literacy; (D) to expand the range of supports and accommodations available to English-language learners and students with disabilities; and (E) for their own ongoing professional development and for access to teaching resources and tools. (7) Coordinating with teacher and school leader preparation programs to— (A) align digital learning teaching standards; and (B) provide ongoing professional development for teachers and school leaders that is aligned to State student technology standards and activities promoting college-and-career readiness. (d) Purchasing consortia (1) In general A State educational agency receiving a grant under section 101(b)(2) may— (A) form a State purchasing consortium with 1 or more State educational agencies receiving such a grant to carry out the State activities described in subsection (c), including purchasing eligible technology; (B) encourage local educational agencies to form local purchasing consortia under section 104(c)(4) ; and (C) promote pricing opportunities to local educational agencies for the purchase of eligible technology that are— (i) negotiated by the State educational agency or the State purchasing consortium of the State educational agency; and (ii) available to such local educational agencies. (2) Restrictions A State educational agency receiving a grant under section 101(b)(2) may not— (A) except for promoting the pricing opportunities described in paragraph (1)(C) , make recommendations to local educational agencies for or require use of any specific commercial products and services by local educational agencies; (B) require local educational agencies to participate in a State purchasing consortia or local purchasing consortia; or (C) use more than the reservation amount authorized for the administration of the grant under subsection (b) to carry out the activities described in paragraph (1) , unless the State educational agency receives approval in accordance with subsection (b)(2)(B) . 104. Local subgrants (a) Subgrants (1) Grants to local educational agencies From the grant funds provided under section 101(b)(2) to a State educational agency that are remaining after the State educational agency makes reservations under section 104(b) for any fiscal year and subject to paragraph (2), the State educational agency shall award subgrants for the fiscal year to local educational agencies served by the State educational agency and with an approved application under subsection (b) by allotting to each such local educational agency an amount that bears the same relationship to the remainder as the amount received by the local educational agency under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) for such year bears to the amount received by all such local educational agencies under such part for such year, except that no local educational agency may receive less than $5,000. (2) Competitive grants to local educational agencies If the amount of funds appropriated under section 106 is less than $500,000,000 for any fiscal year, a State educational agency— (A) shall not award subgrants under paragraph (1) ; and (B) shall— (i) award subgrants, on a competitive basis, to local educational agencies based on the quality of applications submitted under (b), including— (I) the level of technology readiness as determined by the technology readiness surveys completed by local educational agencies submitting such applications; and (II) the technology plans described in subsection (b)(3) and how the local educational agencies with such plans will carry out the alignment and coordination described in such subsection; and (ii) ensure that such subgrants are of sufficient size and scope to carry out the local activities described in subsection (c) . (3) Definition of local educational agency for certain fiscal years For purposes of awarding subgrants under paragraph (2) , the term local educational agency means— (A) a local educational agency; (B) an educational service agency; or (C) a local educational agency and an educational service agency. (b) Application A local educational agency that desires to receive a subgrant under subsection (a) shall submit an application to the State at such time, in such manner, and accompanied by such information as the State educational agency may require, including— (1) a description of how the local educational agency will— (A) carry out the goals described in subparagraphs (A) through (C) of section 101(b)(1) ; and (B) enable schools served by the agency to build the technological capacity and infrastructure (including through local purchasing of eligible technology), necessary for the full implementation of on-line assessments for all students (including students with disabilities and English-language learners) and to— (i) ensure the interoperability of data systems and eligible technology; and (ii) carry out the goals described in subparagraphs (A) through (C) of section 101(b)(1) ; (2) a description of the results of the technology readiness survey completed by the local educational agency and a description of the plan for the local educational agency to meet the goals described in paragraph (1) within 3 years of completing the survey; (3) a description of the local educational agency’s student technology literacy standards, and its goals for the technology skills for teachers and administrators, and an assurance that the student technology literacy standards meet the requirements of section 7(8); (4) a description of the local educational agency’s technology plan to carry out paragraphs (1) and (3) and how the agency will align and coordinate the activities under this section with other activities across the local educational agency; (5) a description of the team of educators that will coordinate and carry out the activities under this section, including individuals with responsibility and expertise in instructional technology, teachers that specialize in supporting students with disabilities and English-language learners, school leaders, technology officers, and staff responsible for assessments and data analysis; (6) a description of how the local educational agency will evaluate teachers’ proficiency and progress in implementing technology for teaching and learning; (7) a description of how the local educational agency will ensure that principals have the expertise to evaluate teachers’ proficiency and progress in implementing technology for teaching and learning and the interoperability of data systems and eligible technology; (8) a description of the local educational agency’s procurement process and process for the creation, acquisition, distribution, and use of content, how the local educational agency will ensure integrity of such processes, and how such processes support the goals described in paragraph (1) or how a local educational agency will change such processes to support such goals, and how the local educational agency will ensure content quality; (9) a description of how the local educational agency will carry out activities under subsection (c) ; (10) a description of how the subgrant funds received under subsection (a) will be coordinated with and supported by other Federal, State, and local funds to support activities under this title; (11) a description of how the local educational agency will ensure that the subgrant received under subsection (a) is not duplicative of support received under the E-rate program; and (12) an assurance that the local educational agency will protect the privacy and safety of students and teachers, consistent with requirements section 444 of the General Education Provisions Act (20 U.S.C. 1232g) (commonly known as the Family Educational Rights and Privacy Act of 1974 ) and section 2441(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6777(a) ). (c) Use of funds (1) Technology infrastructure Subject to paragraph (3) , a local educational agency receiving a subgrant under subsection (a) shall use not less than 40 percent of such funds to support activities for the acquisition of eligible technology needed to— (A) except for the activities described in paragraph (2), carry out activities described in the application submitted under subsection (b), including purchasing devices, equipment, and software applications, and improving connectivity to and within schools; and (B) address readiness shortfalls identified under the technology readiness survey completed by the local educational agency. (2) Professional development for digital learning Subject to paragraph (3) , a local educational agency receiving a subgrant under subsection (a) — (A) shall use not less than 35 percent of such funds to carry out— (i) digital age professional development opportunities for teachers, paraprofessionals, library and media personnel, specialized instructional support personnel, technology coordinators, and administrators in the effective use of modern information and communication technology tools and digital resources to deliver instruction, curriculum and school classroom management, including for classroom teachers to assess, support, and provide engaging student learning opportunities, including professional development that— (I) is ongoing, sustainable, and scalable; (II) is participatory; (III) includes communication and regular interactions with instructors, facilitators, and peers and is directly related to up-to-date teaching methods in content areas; (IV) includes strategies and tools for improving communication with parents and family engagement; (V) may be built around active professional learning communities or online communities of practice or other tools that increase collaboration among teachers across schools, local educational agencies, or States; and (VI) may contain on-demand components, such as instructional videos, training documents, or learning modules; (ii) ongoing professional development in strategies and pedagogy in the core academic subjects that involve the use of technology and curriculum redesign as key components of supporting effective, innovative teaching and learning, and improving student achievement; (iii) ongoing professional development in the use of educational technologies to ensure every educator achieves and maintains technology literacy, including possessing and maintaining the knowledge and skills to use technology— (I) across the curriculum for student learning; (II) for real-time data analysis and online or digital assessment to enable individualized instruction; and (III) to develop and maintain student technology literacy; (iv) ongoing professional development for school leaders to provide and promote leadership in the use of— (I) educational technology to ensure a digital-age learning environment, including the capacity to lead the reform or redesign of curriculum, instruction, assessment; and (II) data through the use of technology in order to increase student learning opportunity, student technology literacy, student access to technology, and student engagement in learning; and (v) a review of the effectiveness of the professional development and regular intervals of learner feedback and data; and (B) may use such funds for— (i) the use of technology coaches to work directly with teachers, including through the preparation of teachers as technology leaders or master teachers— (I) who are provided with the means to serve as experts and to create professional development opportunities for other teachers in the effective use of technology; and (II) who may leverage technologies, such as distance learning and online virtual educator-to-educator peer communities, as a means to support ongoing, participatory professional growth around the integration of effective educational technologies; (ii) innovative approaches to ongoing professional development such as non-standard achievement recognition strategies, including digital badging, gamification elements, use of learner-created learning objects, integration of social and professional networking tools, rating and commenting on learning artifacts, and personalization of professional development; and (iii) any other activities required to carry out the local educational agency’s technology plan described in subsection (b)(4) . (3) Modification of funding allocations A State educational agency may authorize a local educational agency to modify the percentage of the local educational agency’s subgrant funds required to carry out the activities described in paragraphs (1) or (2) if the local educational agency demonstrates that such modification will assist the local educational agency in more effectively carrying out such activities. (4) Purchasing consortia Local educational agencies receiving subgrants under subsection (a) may— (A) form a local purchasing consortia with other such local educational agencies to carry out the activities described in this subsection, including purchasing eligible technology; and (B) use such funds for purchasing eligible technology through a State purchasing consortia under section 103(d) . 105. Reporting (a) Local educational agencies Each local educational agency receiving a subgrant under section 104 shall submit to the State educational agency that awarded such subgrant an annual report the meets the requirements of subsection (c) . (b) State educational agencies Each State educational agency receiving a grant under section 101(b)(2) shall submit to the Secretary an annual report that meets the requirements of subsection (c) . (c) Report requirements A report submitted under subsection (a) or (b) shall include, at a minimum, a description of— (1) the status of the State education agency’s plan described in section 102(b)(3) or local education agency’s technology plan under section 104(b)(4) , as applicable; (2) the categories eligible technology acquired with funds under this title and how such technology is being used; (3) the professional development activities funded under this title, including types of activities and entities involved in providing such professional development to classroom teachers and other staff, such as school librarians; (4) the instruction, strategies, activities, and curricula used in the programs funded under this title; and (5) the types of programs funded under this title. 106. Authorization There are authorized to be appropriated to carry out this Act $500,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 4 succeeding fiscal years. II Technology for Tomorrow Fund 201. Short title This title may be cited as the Technology for Tomorrow Fund . 202. Technology for tomorrow fund (a) Grants to eligible partnerships From the amounts appropriated under section 207 and not reserved under subsection (b) , the Secretary shall award grants, on a competitive basis, to eligible partnerships to enable the eligible partnerships to carry out activities described in section 204 to improve student achievement, academic growth, and college-and-career readiness through the use of technology and digital learning. (b) Reservation of funds The Secretary may reserve up to 5 percent of the amounts appropriated under section 207 for a fiscal year for— (1) the administration of this title; and (2) the evaluation and dissemination activities described in section 204(b) . (c) Duration of grant period A grant under subsection (a) shall be awarded to an eligible partnership for at least a 2-year period and not longer than a 3-year period, except that the Secretary may award the eligible partnership an additional 2-year grant if the eligible partnership demonstrates satisfactory progress on the performance measures described in section 206(a) . 203. Application (a) In general To receive a grant under section 202 , an eligible partnership shall submit an application at such time and in such manner as the Secretary may require, and containing the information described in subsection (b) . (b) Contents An application submitted under subsection (a) shall include— (1) a description of the eligible partnership, the partners forming the eligible partnership, and the roles and responsibilities of each partner; (2) a demonstration of each partner’s capacity and commitment to fulfill its role and responsibilities to ensure the successful completion of activities described in section 204 ; (3) a description of how the grant funds will be used to improve the achievement, academic growth, and college-and-career readiness of students, particularly at-risk, low-income, and low-performing students; (4) a description of how the activities funded by the grant will be innovative, systemic, or evidence-based by ensuring such activities— (A) are based on strong or promising evidence or a review of the best available research evidence; and (B) may contribute to the development and use of new models; (5) a description of how such activities will utilize technology and digital learning to— (A) promote personalized, individualized instruction that improves student achievement, academic growth, and college-and-career readiness; (B) improve teacher and school leader preparation, training, knowledge, skills, practice, and professional capacity; (C) ensure all students, particularly at-risk and historically disadvantaged students, including students with disabilities and English-language learners, have equitable access to high-quality curriculum, instruction, assessments, technology, and digital learning; or (D) improve the efficiency and productivity of education; (6) a description of how the eligible partnership will measure and report data on the effectiveness of such activities under section 205(a) ; (7) an assurance that the grant funds will not solely be used— (A) to purchase materials, hardware, or technology-based tools; or (B) to implement online learning to the exclusion of other activities; (8) a description of how the eligible partnership will ensure that a grant received under this title is not duplicative of support received under the E-rate program; and (9) such other information as the Secretary may require. (c) Application review and award (1) Application review and approval The Secretary shall— (A) establish a peer review process to assist in the review of the grant applications and approval of the grants under this section; (B) appoint to the peer review process individuals who are educators and experts in— (i) technology and digital learning; (ii) classroom instruction and teaching practice; (iii) school improvement, redesign, or turnaround; (iv) teacher and school leader training or professional development; and (v) education efficiency and productivity; and (C) ensure that each grant is of sufficient size and scope to carry out the activities described in the grant application under subsection (b) , including the activities described in section 204 and measuring and reporting data under section 205(a) . (2) Grant award In awarding grants under this title, the Secretary shall, to the extent practicable, ensure— (A) diversity in the type of activities funded under the grants, including statewide and local initiatives; (B) equitable geographic distribution of the grants, including urban and rural areas and small and large local educational agencies; and (C) that eligible partnerships receiving such grants— (i) demonstrate that activities funded by the grant will be carried out based on strong or promising evidence; and (ii) are committed to and capable of successfully carrying out the activities described in the grant application submitted under subsection (b) , including the activities described in section 204 and measuring and reporting data under section 205(a) . 204. Use of funds (a) Requirements An eligible partnership receiving a grant under this title shall use grant funds to carry out 1 or more of the following activities that utilize technology and digital learning to promote: (1) Personalized, individualized instruction that improves student achievement, academic growth, and college-and-career readiness, such as— (A) hybrid, blended, or other digital-learning opportunities that combine online and teacher-based instruction to improve student outcomes; (B) gaming or other personalized digital or technology-based tools that individualize instruction and promote self-directed learning and higher order thinking skills, including giving students control over the place, pace, or time of learning; (C) online platforms or opportunities that provide students opportunities for credit recovery or advanced credit accumulation; and (D) expanding the accommodations available to students with disabilities and English-language learners. (2) Improving teacher and school leader preparation, professional development, knowledge, skills, practice, and professional capacity, such as— (A) tools or programs that equip teachers to differentiate instruction, conduct ongoing formative assessments, and use real-time data or data systems to identify individual student learning needs and guide personalized instruction, learning, and appropriate interventions that address those individualized student learning needs; (B) on-demand professional development, online communities of practice, or other technology-based tools that improve teaching and leadership; (C) pre-service training in the use of technology and digital learning to improve student outcomes; and (D) technology-based tools to improve the administration and implementation of teacher evaluation systems or other human capital systems. (3) Ensuring all students, particularly at-risk and low-performing students, have equitable access to high-quality curriculum, instruction, assessments, technology, and digital learning by effectively implementing technology tools consistent with principals of universal design for learning, such as— (A) using tools or programs to teach students higher order thinking skills; (B) improving the education of students with disabilities through assessment accommodations, including assistive technology; (C) improving the education of English-language learners, including language proficiency and academic content, through intuitive games and interfaces, web-based interventions, or technology-based assessments and assessment accommodations; (D) technology-based tools or digital learning opportunities that enhance high-quality early learning or early childhood education programs; (E) expanding learning opportunities, particularly for students who are low-performing or live in rural areas, that increase access to high-quality curriculum and instruction, advanced placement or international baccalaureate courses, science, technology, engineering, and mathematics education, or enrichment activities; and (F) enhancing the quality, depth, or administration of student assessments, including summative, formative, and classroom-based assessments. (4) Improving the efficiency and productivity of education, such as— (A) extending the reach of high-quality materials, tools, curriculum, instruction, or teachers through such means as open educational resources or blended learning; (B) making student learning or school improvement more effective and cost-efficient through online or digital platforms; and (C) use of laptops, personal devices, or technology-infused instruction to reduce cost and improve delivery of instruction. (b) Limitations on uses of funds An eligible partnership may not use the total amount of a grant received under this title for a fiscal year— (1) on materials, hardware, or technology-based tools; or (2) to implement online learning to the exclusion of other activities. 205. Data collection and reporting (a) Reporting Each eligible partnership receiving a grant under this title shall collect and report to the Secretary, on at least an annual basis, such information on the progress, outcomes, and best practices learned from activities under the grant as the Secretary may require, which— (1) shall include information on the impact of the grant on student outcomes, such as— (A) the number of and demographic information about students who are served by the eligible partnership under this title; (B) student achievement, student growth, and graduation rates of such students; (C) college-and-career readiness data about students of such students, such as rates of credit accumulation, course taking and completion, and college enrollment and persistence; (D) student attendance and participation rates; and (E) such other information the Secretary may require or other information the eligible partnership proposes to include and approved by the Secretary; and (2) may include data on— (A) student engagement and discipline; (B) school climate and teacher working conditions; and (C) increases in inclusion of students with disabilities and English-language learners. (b) Disaggregation Each eligible partnership receiving a grant under this title shall disaggregate the information required under subsection (a) in the same manner as information is disaggregated under section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h)(1)(C)(i) ). 206. Performance measurement and evaluation and dissemination (a) Performance measures Prior to the reviewing and awarding of grants under this title, the Secretary shall establish performance measures used to evaluate the progress and performance of each eligible partnership that— (1) shall include, at a minimum, information on the impact of the grants on student outcomes as reported under section 205(a) ; and (2) may include such other information as the Secretary may reasonably require. (b) Evaluation and dissemination From amounts reserved under section 202(b) , the Secretary shall— (1) conduct or enter into a contract with an outside evaluator to conduct— (A) a comprehensive evaluation after the third year that the grant program is carried under this title on the effectiveness of all grants awarded under this title; and (B) a final evaluation following the final year of the grant program under this title— (i) that focuses on the improvement in student outcomes reported under paragraphs (1) through (3) of section 205(a) ; (ii) that compares the relative effectiveness of different types of programs carried under this title and compares the relative effectiveness of variations in implementation within such programs; and (iii) identifies the conditions and practices needed for the effective use of technology and digital learning, including issues related to teacher professional development, educational leadership, classroom and school practices and implementation and support; (2) disseminate and provide technical assistance to local educational agencies and State educational agencies on best practices in utilizing technology and digital learning to improve student achievement, academic growth, and college-and-career readiness; and (3) ensure that the Department of Education applies the best practices described in paragraph (2) in carrying out other innovation funds. 207. Authorization of appropriations There are authorized to be appropriated to carry out this title $250,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 4 succeeding fiscal years.

https://www.govinfo.gov/content/pkg/BILLS-113hr521ih/xml/BILLS-113hr521ih.xml

113-hr-522

I 113th CONGRESS 1st Session H. R. 522 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Daines (for himself and Mr. Messer ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committees on the Budget and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reduce a portion of the annual pay of Members of Congress for the failure to adopt a concurrent resolution on the budget which does not provide for a balanced budget, and for other purposes. 1. Short title; findings (a) Short title This Act may be cited as the Balanced Budget Accountability Act . (b) Findings Congress finds the following: (1) The Federal debt exceeds $16 trillion, continues to grow rapidly, and is larger than the size of the United States economy. (2) The Federal budget has shown an annual deficit in 45 of the last 50 years. (3) Deficits and the Federal debt threaten to shatter confidence in the Nation’s economy, suppress job creation and economic growth, and leave future generations of Americans with a lower standard of living and fewer opportunities. (4) It is the duty of Members of Congress to develop and implement policies, including balancing the Federal budget, that encourage robust job creation and economic growth in the United States. (5) Members of Congress should be held accountable for failing to pass annual budgets that result in a balanced budget. 2. Requiring adoption of budget resolution providing for balanced budgets (a) Adoption of budget resolution Each House of Congress shall adopt a concurrent resolution on the budget for a fiscal year which provides that, for each fiscal year for which a budget is provided under the resolution (beginning not later than with the budget for fiscal year 2023), total outlays do not exceed total receipts. (b) Certification by Congressional Budget Office Upon the adoption by a House of Congress of a concurrent resolution on the budget for a fiscal year, the Director of the Congressional Budget Office shall transmit to the Speaker of the House of Representatives or the President pro Tempore of the Senate (as the case may be) a certification as to whether or not that House of Congress has met the requirements of subsection (a) with respect to the resolution. (c) Effective date This section shall apply with respect to the concurrent resolution on the budget for fiscal year 2015 and each succeeding fiscal year. 3. Effect of failure to adopt resolution (a) Rule for fiscal year 2015 (1) Holding salaries in escrow If the Director of the Congressional Budget Office (hereafter referred to as the Director ) does not certify that a House of Congress has met the requirements of section 2(a) with respect to fiscal year 2015 prior to April 16, 2014, during the period described in paragraph (2) the payroll administrator of that House of Congress shall deposit in an escrow account all payments otherwise required to be made during such period for the compensation of Members of Congress who serve in that House of Congress, and shall release such payments to such Members only upon the expiration of such period. (2) Period described With respect to a House of Congress, the period described in this paragraph is the period which begins on April 16, 2014, and ends on the earlier of— (A) the day on which the Director certifies that the House of Congress has met the requirements of section 2(a) with respect to fiscal year 2015; or (B) the last day of the One Hundred Thirteenth Congress. (3) Withholding and remittance of amounts from payments held in escrow The payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1). (4) Release of amounts at end of the congress In order to ensure that this subsection is carried out in a manner that shall not vary the compensation of Senators or Representatives in violation of the twenty-seventh article of amendment to the Constitution of the United States, the payroll administrator of a House of Congress shall release for payments to Members of that House of Congress any amounts remaining in any escrow account under this section on the last day of the One Hundred Thirteenth Congress. (5) Role of secretary of the treasury The Secretary of the Treasury shall provide the payroll administrators of the Houses of Congress with such assistance as may be necessary to enable the payroll administrators to carry out this subsection. (6) Payroll administrator defined In this subsection, the payroll administrator of a House of Congress means— (A) in the case of the House of Representatives, the Chief Administrative Officer of the House of Representatives, or an employee of the Office of the Chief Administrative Officer who is designated by the Chief Administrative Officer to carry out this section; and (B) in the case of the Senate, the Secretary of the Senate, or an employee of the Office of the Secretary of the Senate who is designated by the Secretary to carry out this section. (b) Rule for fiscal year 2016 and subsequent fiscal years If the Director of the Congressional Budget Office does not certify that a House of Congress has met the requirements of section 2(a) with respect to a fiscal year prior to the April 16 which immediately precedes the first day of the fiscal year, during pay periods which occur in the same calendar year after that date each Member of that House shall be paid at an annual rate of pay equal to $1. (c) Definition In this section, the term Member includes a Delegate or Resident Commissioner to the Congress.

https://www.govinfo.gov/content/pkg/BILLS-113hr522ih/xml/BILLS-113hr522ih.xml

113-hr-523

I 113th CONGRESS 1st Session H. R. 523 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Paulsen (for himself, Mr. Kind , Mr. Gerlach , Ms. Schwartz , Mr. Dent , Mr. Matheson , Mr. Brady of Texas , Mrs. Davis of California , Mr. Tiberi , Mr. Owens , Mr. Young of Indiana , Ms. McCollum , Mr. Rokita , Mr. Capuano , Mr. Stutzman , Mr. Peters of California , Mr. Sam Johnson of Texas , Mr. Schneider , Mr. Price of Georgia , Ms. Sewell of Alabama , Mr. Boustany , Ms. DelBene , Mr. Marchant , Mr. Vargas , Mr. Reichert , Mr. Walz , Mr. Buchanan , Mr. Loebsack , Mr. Roskam , Mr. McIntyre , Mr. Schock , Mr. Barrow of Georgia , Ms. Jenkins , Mr. Maffei , Mr. Griffin of Arkansas , Ms. Tsongas , Mr. Kelly , Mr. Nolan , Mrs. Black , Mrs. Ellmers , Mrs. Bachmann , Mr. Bachus , Mr. Barletta , Mr. Barr , Mr. Barton , Mr. Benishek , Mrs. Blackburn , Mr. Bonner , Mr. Brooks of Alabama , Mrs. Brooks of Indiana , Mr. Broun of Georgia , Mr. Bucshon , Mr. Burgess , Mr. Campbell , Mrs. Capito , Mr. Carter , Mr. Cassidy , Mr. Chabot , Mr. Chaffetz , Mr. Coble , Mr. Coffman , Mr. Cole , Mr. Collins of New York , Mr. Conaway , Mr. Cotton , Mr. Crenshaw , Mr. Culberson , Mr. Daines , Mr. Denham , Mr. Diaz-Balart , Mr. Duncan of South Carolina , Mr. Farenthold , Mr. Fincher , Mr. Fitzpatrick , Mr. Fleischmann , Mr. Fleming , Mr. Flores , Mr. Fortenberry , Ms. Foxx , Mr. Gardner , Mr. Garrett , Mr. Gibbs , Mr. Gibson , Mr. Gingrey of Georgia , Mr. Gohmert , Mr. Goodlatte , Mr. Gosar , Mr. Gowdy , Mr. Graves of Georgia , Mr. Griffith of Virginia , Mr. Grimm , Mr. Guthrie , Mr. Hanna , Mr. Harper , Mr. Harris , Mrs. Hartzler , Mr. Heck of Nevada , Mr. Holding , Mr. Huelskamp , Mr. Huizenga of Michigan , Mr. Hultgren , Mr. Issa , Mr. Johnson of Ohio , Mr. Jones , Mr. Joyce , Mr. King of Iowa , Mr. Kingston , Mr. Kinzinger of Illinois , Mr. Kline , Mr. LaMalfa , Mr. Lamborn , Mr. Lance , Mr. Latham , Mr. Latta , Mr. Long , Mr. Lucas , Mr. Luetkemeyer , Mr. Marino , Mr. Massie , Mr. McCaul , Mr. McKinley , Mrs. McMorris Rodgers , Mr. Meehan , Mr. Messer , Mr. Mica , Mrs. Miller of Michigan , Mr. Mulvaney , Mr. Murphy of Pennsylvania , Mr. Neugebauer , Mrs. Noem , Mr. Nugent , Mr. Nunnelee , Mr. Olson , Mr. Palazzo , Mr. Pittenger , Mr. Pitts , Mr. Poe of Texas , Mr. Pompeo , Mr. Posey , Mr. Radel , Mr. Renacci , Mr. Ribble , Mr. Roe of Tennessee , Mr. Rogers of Alabama , Mr. Rogers of Michigan , Mr. Ross , Mr. Royce , Mr. Scalise , Mr. Schweikert , Mr. Austin Scott of Georgia , Mr. Sensenbrenner , Mr. Sessions , Mr. Shimkus , Mr. Simpson , Mr. Stewart , Mr. Stivers , Mr. Terry , Mr. Thompson of Pennsylvania , Mr. Tipton , Mr. Turner , Mr. Valadao , Mr. Walberg , Mr. Walden , Mrs. Walorski , Mr. Weber of Texas , Mr. Webster of Florida , Mr. Wenstrup , Mr. Westmoreland , Mr. Whitfield , Mr. Wilson of South Carolina , Mr. Yoho , Mr. Young of Florida , Mr. Amash , Mr. Upton , Mr. Duncan of Tennessee , Mr. Keating , Mr. Rodney Davis of Illinois , Mr. Bishop of Utah , and Mr. Perry ) 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 the excise tax on medical devices. 1. Short title This Act may be cited as the Protect Medical Innovation Act of 2013 . 2. Repeal of medical device excise tax (a) In general Chapter 32 of the Internal Revenue Code of 1986 is amended by striking subchapter E. (b) Conforming amendments (1) Subsection (a) of section 4221 of such Code is amended by striking the last sentence. (2) Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence. (c) Clerical amendment The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E. (d) Effective date The amendments made by this section shall apply to sales after December 31, 2012.

https://www.govinfo.gov/content/pkg/BILLS-113hr523ih/xml/BILLS-113hr523ih.xml

113-hr-524

I 113th CONGRESS 1st Session H. R. 524 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. McKinley (for himself, Mr. Rahall , Mr. Gibbs , Mrs. Capito , Mrs. Blackburn , Mr. Huelskamp , Mr. Griffith of Virginia , Mr. Duncan of South Carolina , Mr. Johnson of Ohio , Mr. Bucshon , and Mr. Kline ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the Federal Water Pollution Control Act to clarify that the Administrator of the Environmental Protection Agency does not have the authority to disapprove a permit after it has been issued by the Secretary of the Army under section 404 of such Act. 1. Permits for dredged or fill material Section 404(c) of the Federal Water Pollution Control Act ( 33 U.S.C. 1344(c) ) is amended by striking The Administrator is authorized and inserting Until such time as the Secretary has issued a permit under this section, the Administrator is authorized .

https://www.govinfo.gov/content/pkg/BILLS-113hr524ih/xml/BILLS-113hr524ih.xml

113-hr-525

I 113th CONGRESS 1st Session H. R. 525 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Massie (for himself, Mr. Polis , Mr. Blumenauer , Mr. Hanna , Mr. Rohrabacher , Mr. Farr , Mr. Grijalva , Mr. Amash , Mr. Schrader , Mr. DeFazio , Mr. Ellison , Ms. Norton , Mr. Clay , Mr. Cohen , Mr. Moran , Ms. Bonamici , Ms. Pingree of Maine , Mr. Yarmuth , Mr. Peterson , Mr. Benishek , Mr. McClintock , Mr. Campbell , Ms. Lee of California , Mr. Pocan , Ms. Schakowsky , Mr. Nadler , Mr. George Miller of California , Mr. McDermott , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act to exclude industrial hemp from the definition of marihuana, and for other purposes. 1. Short title This Act may be cited as the Industrial Hemp Farming Act of 2013 . 2. Exclusion of industrial hemp from definition of marihuana Section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ) is amended— (1) in paragraph (16)— (A) by striking (16) The and inserting (16)(A) The ; and (B) by adding at the end the following: (B) The term marihuana does not include industrial hemp. ; and (2) by adding at the end the following: (57) The term industrial hemp means the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tet­ra­hy­dro­can­nab­i­nol concentration of not more than 0.3 percent on a dry weight basis. . 3. Industrial hemp determination Section 201 of the Controlled Substances Act ( 21 U.S.C. 811 ) is amended by adding at the end the following: (i) Industrial hemp determination If a person grows or processes Cannabis sativa L. for purposes of making industrial hemp in accordance with State law, the Cannabis sativa L. shall be deemed to meet the concentration limitation under section 102(57). .

https://www.govinfo.gov/content/pkg/BILLS-113hr525ih/xml/BILLS-113hr525ih.xml

113-hr-526

I 113th CONGRESS 1st Session H. R. 526 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Yarmuth (for himself, Ms. Slaughter , Mr. Conyers , Mr. Holt , Mr. Grijalva , Mr. Sarbanes , Mr. Moran , Ms. Edwards , Ms. Chu , Mr. Blumenauer , Mr. Ellison , Mr. Rangel , Mr. Huffman , Ms. Lee of California , Mr. Honda , Ms. Schakowsky , Mr. DeFazio , Mr. Cartwright , Ms. DeLauro , Ms. Roybal-Allard , Ms. Pingree of Maine , Mr. McDermott , Ms. Norton , and Mr. Polis ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committees on Transportation and Infrastructure and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To place a moratorium on permitting for mountaintop removal coal mining until health studies are conducted by the Department of Health and Human Services, and for other purposes. 1. Short title This Act may be cited as the Appalachian Communities Health Emergency Act or the ACHE Act . 2. Findings Congress finds the following: (1) Communities surrounding mountaintop removal coal mining projects, which involve surface coal mining including blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia, have raised concerns that pollution of the water, air, and soil that results from mountaintop removal coal mining may be causing health crises in their communities. (2) Peer-reviewed scientific research and reports have raised serious concerns about mountaintop removal mining with respect to elevated risks in categories of birth defects studied: circulatory/respiratory, central nervous system, musculoskeletal, and gastrointestinal. (3) Mountaintop removal coal mining has also been associated with elevated levels of adult hospitalizations for chronic pulmonary disorders and hypertension that are elevated as a function of county-level coal production, as are rates of mortality; lung cancer; and chronic heart, lung, and kidney disease. These health problems strike both women and men in mountaintop removal coal mining communities. These elevated levels of disease, defects, and mortality persist even after controlling for other variables. (4) Initial scientific evidence, and the level of public concern, warrant immediate action to stop new mountaintop removal coal mining permits and increase environmental and human health monitoring at existing mountaintop removal coal mining projects while the reported links between health effects and mountaintop removal coal mining are investigated by Federal health agencies. (5) The National Institute of Environmental Health Sciences is uniquely qualified to manage a working group of Federal health agencies with expertise that is relevant to study of the reported links. 3. Health studies (a) Studies The Director of the National Institute of Environmental Health Sciences, in consultation with the Administrator of the Environmental Protection Agency and the heads of such other Federal departments and agencies as the Director deems appropriate, shall— (1) conduct or support comprehensive studies on the health impacts, if any, of mountaintop removal coal mining on individuals in the surrounding communities; and (2) submit to the Secretary, and make publicly available, a report on the results of such studies. (b) Determination Upon receipt of the report under subsection (a)(2), the Secretary of Health and Human Services shall publish a determination on whether mountaintop removal coal mining presents any health risks to individuals in the surrounding communities. 4. Mountaintop removal coal mining permit moratorium Until and unless the Secretary of Health and Human Services publishes a determination under section 3(b) concluding that mountaintop removal coal mining does not present any health risk to individuals in the surrounding communities, a permit or other authorization may not be issued for any mountaintop removal coal mining project, or for any expansion of such a project, by— (1) the Secretary of the Army, acting through the Chief of Engineers, or a State, under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); (2) the Administrator of the Environmental Protection Agency, or a State, under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ); or (3) the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, or a State, under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 5. Mountaintop removal coal mining continuous health and environmental monitoring (a) Requirement Until the Secretary of Health and Human Services publishes a determination under section 3(b)— (1) any person conducting a mountaintop removal coal mining project shall— (A) conduct continuous monitoring for any pollution of water and air (including noise) and frequent monitoring of soil as a result of such project for the purposes of comprehensively— (i) characterizing any pollution emitted from the project; and (ii) identifying ways in which members of affected communities might be exposed to these emissions; and (B) submit the results of such monitoring to the Secretary on a monthly basis; and (2) the Secretary shall make such results available to the public through the World Wide Web in a searchable database format not later than 7 days after the date on which the Secretary receives such results. (b) Enforcement If a person conducting a mountaintop removal coal mining project fails to conduct monitoring and submit results in connection with such project as required by subsection (a), a permit or other authorization may not be issued for the mountaintop removal coal mining project, or for an expansion of such project, by— (1) the Secretary of the Army, acting through the Chief of Engineers, or a State, under section 404 of the Federal Water Pollution Control Act ( 33 U.S.C. 1344 ); (2) the Administrator of the Environmental Protection Agency, or a State, under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ); or (3) the Secretary of the Interior, acting through the Office of Surface Mining Reclamation and Enforcement, or a State, under the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201 et seq.). 6. Fee to pay for health studies and monitoring (a) Collection and assessment The President, acting through the Office of Surface Mining Reclamation and Enforcement of the Department of the Interior, shall assess and collect from each person that, as of the date of the enactment of this Act, is conducting a mountaintop removal coal mining project in the United States a one-time fee in an amount sufficient to recover the Federal cost of implementing sections 3 and 5. (b) Use of fee Amounts received by the United States as a fee under this section may be used, to the extent and in the amount provided in advance in appropriations Acts, only to pay the Federal cost of carrying out sections 3 and 5. 7. definitions In this Act: (1) mountaintop removal coal mining The term mountaintop removal coal mining means surface coal mining that uses blasting with explosives in the steep slope regions of Kentucky, Tennessee, West Virginia, and Virginia. (2) steep slope The term steep slope has the meaning that term has under section 515(d)(4) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1265(d)(4) ).

https://www.govinfo.gov/content/pkg/BILLS-113hr526ih/xml/BILLS-113hr526ih.xml

113-hr-527

I 113th CONGRESS 1st Session H. R. 527 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Hastings of Washington (for himself, Mr. Markey , Mr. Flores , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Helium Act to complete the privatization of the Federal helium reserve in a competitive market fashion that ensures stability in the helium markets while protecting the interests of American taxpayers, and for other purposes. 1. Short title This Act may be cited as the Responsible Helium Administration and Stewardship Act . 2. Definitions Section 2 of the Helium Act ( 50 U.S.C. 167 ) is amended— (1) in paragraph (1), by striking the semicolon at the end and inserting a period; (2) in paragraph (2), by striking ; and and inserting a period; and (3) by adding at the end the following: (4) Federal Helium Reserve (A) In general The term Federal Helium Reserve means the Bureau of Land Management Cliffside Gas Field and supporting infrastructure. (B) Inclusions The term Federal Helium Reserve includes— (i) the Cliffside Gas Field helium storage reservoir; and (ii) all associated infrastructure owned, leased, or managed under contract by the Secretary for storage, transportation, withdrawal, purification, or management of helium. (5) Qualifying domestic helium transaction The term qualifying domestic helium transaction — (A) except as provided in subparagraph (B), means any new or newly negotiated agreement for the purchase or sale of at least 15,000,000 standard cubic feet of crude helium or bulk liquid helium delivered in the United States in the most recent 2-fiscal-year period; and (B) does not include any purchase of crude helium from the Secretary. (6) Tolling agreement The term tolling agreement means an agreement between a helium refiner and another party under which the helium refiner agrees to process the other person’s helium at an agreed upon price. . 3. Sale and auction of crude helium (a) In General Section 6 of the Helium Act ( 50 U.S.C. 167d ) is amended to read as follows: 6. Sale of helium (a) Phase A: Finalizing Debt Payoff (1) In general Subject to paragraph (2), the Secretary shall offer for sale crude helium for Federal, medical, scientific, and commercial uses in such quantities, at such times, and under such conditions as the Secretary determines necessary to carry out this subsection with minimum market disruption. (2) Minimum quantity The Secretary shall offer for sale during each fiscal year under paragraph (1) a quantity of crude helium that is not less than the quantity of crude helium offered for sale by the Secretary during fiscal year 2012. (3) Purchase by Federal agencies Federal agencies, and holders of 1 or more Federal research grants, may purchase refined helium under this subsection for Federal, medical, and scientific uses from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. (4) Prices and determinations Sales of crude helium by the Secretary under this subsection shall be at prices established by the Secretary that shall not be less than the price in the last sale of crude helium from the Federal Helium Reserve before the date of enactment of the Responsible Helium Administration and Stewardship Act. (5) Duration This subsection applies during the period— (A) beginning on the date of enactment of the Responsible Helium Administration and Stewardship Act; and (B) ending on the expiration of the one-year period following such date of enactment. (b) Phase B: Maximizing Total Recovery of Helium and Increasing Returns to the American Taxpayer (1) In general The Secretary shall offer for sale at auction, as described in subsection (d), crude helium for Federal, medical, scientific, and commercial uses in such quantities, at such times, and under such conditions as the Secretary determines necessary— (A) to maximize total recovery and conservation of helium from the Federal Helium Reserve; (B) to manage crude helium sales according to the ability of the Secretary to extract and produce helium from the Federal Helium Reserve; (C) to respond to helium market supply and demand and minimize market disruption; and (D) to give priority to meeting the helium demand of Federal users in the event of any disruption to the Federal Helium Reserve. (2) Purchase by designated federal agencies and grantees Any Federal agency, and any holder of 1 or more Federal research grants, may purchase refined helium for Federal, medical, research, and scientific uses from an eligible person, at the minimum auction price or other price designated by the Secretary. The Secretary shall then provide an equivalent volume of crude helium to the eligible person as if the eligible person was the successful bidder for the helium at auction. (3) Eligible person For purposes of this subsection, the term eligible person means a helium distributer who is registered as such with the Secretary. (4) Duration This subsection applies during the period— (A) beginning on the expiration of the period described in subsection (a)(5)(B); and (B) ending on the date on which the volume of recoverable crude helium at the Federal Helium Reserve (other than privately owned quantities of crude helium stored temporarily at the Federal Helium Reserve under section 5 and this section) is 3,000,000,000 standard cubic feet. (c) Phase C: Access for Federal users (1) In general The Secretary may offer for sale crude helium for Federal uses (including medical and scientific uses) in such quantities, at such times, and under such conditions as the Secretary determines necessary to carry out this subsection. (2) Purchase by Federal agencies and grantees Federal agencies, and holders of 1 or more Federal research grants related to helium or the use of helium, may purchase refined helium under this subsection for Federal uses (including medical and scientific uses) from persons who have entered into enforceable contracts to purchase an equivalent quantity of crude helium from the Secretary. (3) Effective date This subsection applies beginning on the day after the date described in subsection (b)(4)(B). (d) Auction and minimum prices determination (1) In general Sales of crude helium by the Secretary under subsection (b) shall be conducted at auction under the conditions described in this section and at no less than the minimum price established by the Secretary. (2) Auction The Secretary shall conduct auctions of crude helium in the Federal Helium Reserve as soon as practical but no later than beginning 180 days after the first day of the period described in subsection (b)(4), under the following conditions: (A) 60 percent of the volume of crude helium made available in each auction shall be made available to entities that can show the Secretary they have either adequate refining capacity or tolling agreements for refining in place, in accordance with the conditions set forth in paragraph (3). (B) 20 percent of the volume of crude helium made available in each auction shall be made available to any bidder, in accordance with the conditions set forth in paragraph (3). (C) In each auction after the first auction under this subsection after the date of the enactment of the Responsible Helium Administration and Stewardship Act, the Secretary shall make available an additional volume of crude helium, in an amount equivalent to the amount made available under subparagraph (B) that the Secretary certifies can be refined, through tolling agreements or otherwise. Of such additional volume, a person may not acquire in the auction a volume in excess of the volume they demonstrate to the Secretary they have the ability to refine through either refining capacity or tolling agreements. (D) The Secretary shall conduct such auctions at such times as the Secretary determines necessary to ensure a reliable supply of helium and a fair return to taxpayers, but no less frequently than 2 times each fiscal year. (E) For purposes of the first auction under this subsection after the date of the enactment of the Responsible Helium Administration and Stewardship Act, the Secretary may revise the percentage under subparagraph (A) so as to make available for auction 100 percent of the volume of crude helium intended to be offered. (F) The Secretary may adjust the percentages and amount specified in subparagraphs (A) through (C), respectively, in any auction if the Secretary determines the adjustment is necessary to— (i) respond to market supply and demand and minimize market disruption; or (ii) increase participation in helium auctions. (G) Notwithstanding any other provision of this subsection, for each fiscal year, the Secretary may not offer a total volume of crude helium for sale under this subsection that exceeds the lesser of— (i) the projected maximum total production capacity of the Federal Helium Reserve during that fiscal year; and (ii) the maximum refining capacity of persons connected by pipeline to the Federal Helium Reserve during that fiscal year. (3) Auction conditions (A) Bidding method The Secretary shall conduct each auction by sealed bid for predetermined volume lots, unless the Secretary determines that an alternative bidding method may result in more revenue to the Federal Government. (B) Bidder qualifications and limits In carrying out an auction under subsection (b), the Secretary— (i) may accept bids only from persons the Secretary determines are seeking to purchase helium for their own use, for refining, or for delivery to users; and (ii) may not award to a person more than 30 percent of the total volume of crude helium offered in that auction, except that the Secretary may adjust such limitation based on the number of bidders in the auction. (C) Storage fees In each auction the Secretary— (i) shall begin charging each winning bidder a storage fee for crude helium purchased by the bidder that remains in the Federal Helium Reserve, beginning on the date the Secretary receives payment of the purchase price for the helium; and (ii) beginning 270 days after the date of the auction, shall charge increasing storage fees that will encourage the withdrawal of the helium no later than 2 years after the date of the auction. (4) Determination of minimum sale price The Secretary shall make a determination of the minimum sale price for sales described in paragraph (1) using— (A) a confidential survey of qualifying domestic helium transactions to which any holder of a contract with the Secretary for the acceptance, storage, and redelivery of crude helium in the Cliffside Gas Field helium storage reservoir is a party; (B) current market crude helium prices as represented by the sale price at any auction held by the Secretary in the preceding 2 years; (C) the volume-weighted average cost among helium refiners, producers, and liquefiers, in dollars per thousand cubic feet, of converting gaseous crude helium into bulk liquid helium; and (D) the additional layer of cost and profit associated with the sale or resale of bulk liquid helium. (5) Authority of Secretary The Secretary shall— (A) require all persons that are parties to a contract with the Secretary for the acceptance, storage, and redelivery of crude helium to disclose, on a strictly confidential basis in dollars per thousand cubic feet, the weighted average price of all crude helium and bulk liquid helium purchased, sold, or processed by the persons in all qualifying domestic helium transactions during the fiscal year; (B) appoint a qualified independent third party to perform data collection and analysis for the purposes of the survey under paragraph (4)(A); and (C) adopt such administrative policies and procedures as the Secretary considers necessary and reasonable to ensure robust protection of the confidentiality of data submitted by private persons. (6) Changes in minimum price If the Secretary believes that the minimum price as determined by the survey under paragraph (4)(A) may not be reflective of the current market value of helium, or if a higher minimum price may result in greater conservation of the Federal crude helium resource, the Secretary may change the minimum price charged for crude helium sold under this section by up to 10 percent of the price determined under paragraph (4). If at any sale in which the minimum price is increased under this paragraph all crude helium offered is sold at the increased price, the Secretary shall consider that increased price to be the minimum price determined under paragraph (4) for all future sales of crude helium under this section unless that price is further changed in accordance with this paragraph. (7) Ensuring fair acts and practices The Secretary may issue such rules and regulations with respect to bidding, transfer, and refining of helium produced from or held in the Federal Helium Reserve as may be necessary to prevent unfair acts and practices. (8) Auction records (A) Furnishing records Every person participating in auctions of helium from the Federal Helium Reserve shall furnish to the Secretary on request such records of transactions in helium auctions as the Secretary may require to reconstruct bidding or trading in the course of a particular inquiry or investigation being conducted by the Secretary for enforcement or surveillance purposes. In requiring information pursuant to this paragraph, the Secretary shall specify the information required, the period for which it is required, and the time and date on which the information must be furnished. (B) Reporting requirements The Secretary may issue rules to require persons participating in helium auctions to file such reports as the Secretary determines to be necessary for purposes of this Act. (C) Recordkeeping requirements Rules under this subsection may require specified persons to make and keep for prescribed periods such records as the Secretary determines are necessary or appropriate to ensure that such persons can comply with reporting requirements under this subsection. (D) Limitation on disclosure of information Notwithstanding any other provision of law, the Secretary shall not be compelled to disclose any proprietary information required to be kept or reported under this subsection. Nothing in this subsection authorizes the Secretary to withhold information from Congress, prevents the Secretary from complying with a request for information from any other Federal department or agency requesting information for purposes within the scope of its jurisdiction, or prevents the Secretary from complying with an order of a court of the United States in an action brought by the United States or by the Secretary. (e) Helium Production Fund (1) In general All amounts received under this Act shall be credited to the Helium Production Fund, which shall be available without fiscal year limitation for purposes considered necessary by the Secretary to carry out this subsection. (2) Administrative expenses Amounts in the Helium Production Fund may be used by the Secretary to conduct helium auctions and otherwise administer this Act. (3) Repayment amounts During the period described in subsection (a)(4), amounts in the Helium Production Fund in excess of amounts the Secretary considers necessary to conduct helium auctions and otherwise administer this Act shall be paid to the general fund of the Treasury and credited against all amounts required to be repaid to the United States under this Act as of October 1, 1995. (4) Capital investments and maintenance Amounts in the Helium Production Fund in excess of amounts the Secretary considers necessary to carry out paragraphs (1) through (3) may be used to fund the following capital investments in upgrades and maintenance at the Federal Helium reserve: (A) Wellhead maintenance at the Cliffside Gas Field helium storage reservoir. (B) Capital investments in maintenance and upgrades of facilities that pressurize the Cliffside Gas Field helium storage reservoir. (C) Capital investments in maintenance and upgrades of equipment related to the storage, withdrawal, transportation, purification, and sale of crude helium at the Cliffside Gas Field helium storage reservoir. (D) Any other scheduled or unscheduled maintenance of the Cliffside Gas Field helium storage reservoir and helium pipeline. (5) Excess funds Amounts in the Helium Production Fund in excess of amounts the Secretary considers necessary to carry out paragraphs (1) through (4) shall be paid to the general fund of the Treasury. (f) Extraction of helium from deposits on Federal land All amounts received by the Secretary from the sale or disposition of crude helium on Federal land shall be paid to the general fund of the Treasury and credited against all amounts required to be repaid to the United States under this Act as of October 1, 1995. . (b) Report Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing all expenditures by the Bureau of Land Management for operation and maintenance of the Federal Helium Reserve (as that term is defined in the amendment made by section 2(3)), investments made by the Bureau for such reserve, and scheduled or unscheduled maintenance of such reserve or its infrastructure to be conducted by the Bureau. 4. BLM transparency requirements to facilitate market and supply chain information The Helium Act ( 50 U.S.C. 167 et seq. ) is further amended by redesignating sections 15 through 17 as sections 17 through 19, and by inserting after section 14 the following: 15. Pipeline access (a) Annual report The Secretary, acting through the Bureau of Land Management, shall make available on the Internet the current refining capacity on the Federal Helium Reserve pipeline, including— (1) refinery capacity and future capacity estimates; (2) ownership of federally auctioned helium held in the Federal Helium Reserve; (3) volume of helium delivered to individual buyers through such pipeline; (4) pipeline pressure constraints; and (5) other factors that will increase transparency for persons interested in entering refining contracts with existing refiners. (b) New refining capacity The Secretary shall take any applications for new refining capacity on the Federal Helium Reserve pipeline. To create more competition, any new refining capacity added to the Federal Helium Reserve pipeline system shall be granted access to crude helium that is equal to the access provided to existing refining facilities. (c) Access by purchasers of helium The Secretary shall manage Federal Helium Reserve pipeline access in a competitive manner to ensure that all persons purchasing helium have equal access to timing and delivery of the helium, subject to the capacity of the system. (d) Scheduling deliveries The Secretary shall, to the greatest extent practicable, make the scheduling of crude helium deliveries through the Federal Helium Reserve pipeline open and transparent to all purchasers of helium through the auction process, and to the public if the Secretary believes that it is in the national interest. 16. BLM reporting requirements to facilitate supply chain information (a) In general In order to provide the market with appropriate and timely information affecting the helium resource, the Director of the Bureau of Land Management shall establish, no later than 90 days after the date of enactment of the Responsible Helium Administration and Stewardship Act , a real-time reporting process, including reporting over the Internet, to provide data that will affect the helium industry, including such effects for all persons in such industry from crude helium suppliers to end users. (b) Included information Information provided under this section shall include the following: (1) Annual maintenance schedules and quarterly updates thereof, which shall be available on the Internet, to the extent practicable, and shall include the following: (A) The date and duration of planned shutdowns of the Federal Helium Reserve pipeline. (B) The nature of work to be undertaken, whether routine, extended, or extraordinary. (C) The anticipated impact on the helium supply. (D) The efforts to minimize any impact on the supply chain. (E) Any concerns regarding maintenance of the Federal Helium Reserve pipeline, pressure of such pipeline, or deviation from normal operation of such pipeline. (2) For each unplanned outage, the following: (A) The beginning of the outage. (B) The expected duration of outage. (C) A description of the problem. (D) The estimated impact on helium supply. (E) A plan to correct problems, an estimate of the potential timeframe for correction, and the likelihood of plan success within the timeframe. (F) Efforts to minimize negative impacts on the helium supply chain. (G) Updates on repair status and the anticipated online date. (3) Minutes of meetings between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including— (A) publication of the minutes of each meeting between the Bureau of Land Management and the Cliffside Refiners Limited Partnership, including attendees and their affiliations, on the Internet site of the Bureau within 1 week after the meeting; and (B) indication in the minutes of any action taken that could affect the supply or operating status related to the Federal helium program. (4) Current predictions of the lifespan of the Federal Helium Reserve, including how much longer such crude helium supply will be available based on current and forecasted demand and the projected maximum production capacity of the Federal Helium Reserve for the following fiscal year. . 5. Helium resource assessment and helium–3 separation (a) Helium gas resource assessment Not later than 2 years after the date of enactment of this Act, the Secretary of the Interior shall— (1) in coordination with appropriate heads of State geological surveys— (A) complete a national helium gas assessment that identifies and quantifies the quantity of helium, including the isotope helium-3, in each reservoir, including assessments of the constituent gases found in each helium resource, such as carbon dioxide, nitrogen, and natural gas; and (B) make available the modern seismic and geophysical log data for characterization of the Bush Dome Reservoir; (2) in coordination with appropriate international agencies and the global geology community, complete a global helium gas assessment that identifies and quantifies the quantity of the helium, including the isotope helium-3, in each reservoir; (3) in consultation with the Secretary of Energy, acting through the Administrator of the Energy Information Administration, complete— (A) an assessment of trends in global demand for helium, including the isotope helium-3; (B) a 10-year forecast of domestic demand for helium across all sectors, including scientific and medical research, commercial, manufacturing, space technologies, cryogenics, and national defense; and (C) an inventory of medical, scientific, industrial, commercial, and other uses of helium in the United States, including Federal and commercial helium uses, that identifies the nature of the helium use, the amounts required, the technical and commercial viability of helium recapture and recycling in that use, and the availability of material substitutes wherever possible; and (4) submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report describing the results of the assessments required under this subsection. (b) Helium-3 separation (1) Interagency cooperation The Secretary of the Interior shall cooperate with the Secretary of Energy, or a designee of the Secretary of Energy, on any assessment or research relating to the extraction and refining of the isotope helium-3 from crude helium at the Federal Helium Reserve (as that term is defined in the amendments made by section 2) or along the Federal Helium Reserve pipeline system, including— (A) gas analysis; (B) infrastructure studies; and (C) cooperation with private helium refiners. (2) Feasibility study The Secretary of the Interior shall assess the feasibility of establishing a facility to separate the isotope helium-3 from crude helium at— (A) the Federal Helium Reserve; or (B) an existing helium separation or purification facility connected to the Federal Helium Reserve pipeline system. (3) Report Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that contains a description of the results of the assessments conducted under this subsection.

https://www.govinfo.gov/content/pkg/BILLS-113hr527ih/xml/BILLS-113hr527ih.xml

113-hr-528

I 113th CONGRESS 1st Session H. R. 528 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Bucshon introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit foreign assistance to countries with a gross domestic product of $1,500,000,000,000 or more. 1. Short title This Act may be cited as the Invest in America First Act of 2013 . 2. Prohibition on foreign assistance to countries with a GDP of $1,500,000,000,000 or more (a) Prohibition (1) In general Except as provided in paragraph (2), assistance may not be provided under any provision of law to a country with a GDP of $1,500,000,000,000 or more. (2) Exception The prohibition on assistance under paragraph (1) shall not apply with respect to military assistance, security assistance, or humanitarian assistance. (b) Definitions In this Act— (1) the term GDP means, with respect to a country, the gross domestic product of the country on a purchasing power parity (PPP) basis divided by the population of the country, as determined by the most recent publication of the Central Intelligence Agency’s The World Factbook; and (2) the term humanitarian assistance — (A) means assistance, provided on such terms and conditions as the President may determine, for the relief and rehabilitation of victims of natural and manmade disasters, including food, water, medicine, clothing, and shelter; and (B) does not include direct financial assistance for the purposes described in subparagraph (A).

https://www.govinfo.gov/content/pkg/BILLS-113hr528ih/xml/BILLS-113hr528ih.xml

113-hr-529

I 113th CONGRESS 1st Session H. R. 529 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Ms. Jenkins (for herself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow certain individuals a credit against income tax for contributions to 529 plans, and for other purposes. 1. Short title This Act may be cited as the Savings Enhancement for Education in College Act . 2. Credit for contributions to 529 plans (a) In general Subsection (d) of section 25B of the Internal Revenue Code of 1986 (relating to elective deferrals and IRA contributions by certain individuals) is amended by redesignating paragraph (2) as paragraph (3) and by inserting after paragraph (1) the following new paragraph: (2) Contributions to qualified tuition programs (A) In general The term qualified savings contribution includes the amount of any purchase or contribution described in paragraph (1)(A) of section 529(b) to a qualified tuition program (as defined in such section) if— (i) the taxpayer has the power to authorize distributions and otherwise administer the account, and (ii) the designated beneficiary of such purchase or contribution is the taxpayer, the taxpayer’s spouse, or an individual with respect to whom the taxpayer is allowed a deduction under section 151. (B) Limitation based on compensation The amount treated as a qualified savings contribution by reason of subparagraph (A) for any taxable year shall not exceed the sum of— (i) the compensation (as defined in section 219(f)(1)) includible in the taxpayer’s gross income for the taxable year, and (ii) the amount excluded from the taxpayer’s gross income under section 112 (relating to combat pay) for such year. (C) Determination of adjusted gross income Solely for purposes of determining the applicable percentage under subsection (b) which applies with respect to the amount treated as a qualified savings contribution by reason of subparagraph (A), adjusted gross income (determined without regard to this subparagraph) shall be increased by the excess (if any) of— (i) the social security benefits received during the taxable year (within the meaning of section 86), over (ii) the amount included in gross income for such year under section 86. . (b) Conforming amendments (1) Section 25B of such Code is amended by striking qualified retirement savings each place it appears in the text and inserting qualified savings . (2) The subsection heading for section 25B(d) of such Code is amended by striking retirement . (3) Subparagraph (A) of section 25B(d)(3) of such Code, as redesignated by subsection (a), is amended— (A) by striking paragraph (1) the first place it appears and inserting paragraph (1) or (2) , and (B) by striking paragraph (1) the second place it appears and inserting paragraph (1), or (2), as the case may be, . (4) The heading for section 25B of such Code is amended by striking and IRA contributions and inserting , IRA contributions, and qualified tuition program contributions . (5) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 25B and inserting the following new item: Sec. 25B. Elective deferrals, IRA contributions, and qualified tuition program contributions by certain individuals. . (c) Effective date The amendments made by this section shall apply to contributions made after December 31, 2012, in taxable years ending after such date. 3. Exclusion from gross income for employer contributions to qualified tuition programs (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 127 the following new section: 127A. Employer contributions to qualified tuition programs (a) In general Gross income of an employee does not include amounts paid by the employer as contributions to a qualified tuition program held by the employee or spouse of the employee if the contributions are made pursuant to a program which is described in subsection (b). (b) Maximum exclusion The amount excluded from the gross income of an employee under this section for the taxable year shall not exceed $600. (c) Qualified tuition assistance program For purposes of this section, a qualified tuition assistance program is a separate written plan of an employer for the benefit of such employer's employees— (1) under which the employer makes matching contributions to qualified tuition programs of— (A) such employees, (B) their spouses, or (C) any individual with respect to whom such an employee or spouse— (i) is allowed a deduction under section 151, and (ii) has the power to authorize distributions and otherwise administer such individual's account under the qualified tuition program, and (2) which meets requirements similar to the requirements of paragraphs (2), (3), (4), (5), and (6) of section 127(b). (d) Definitions and special rules For purposes of this section— (1) Qualified tuition program The term qualified tuition program means a qualified tuition program as defined in section 529(b). (2) Employee and employer The terms employee and employer shall have the meaning given such terms by paragraphs (2) and (3), respectively, of section 127(c). (3) Applicable rules Rules similar to the rules of paragraphs (4), (5), (6), and (7) of section 127(c) shall apply. (e) Inflation adjustment (1) In general In the case of any taxable year beginning in a calendar year after 2013, the $600 amount contained in subsection (b)(1) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2012 for calendar year 1992 in subparagraph (B) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $50. (f) Cross reference For reporting and recordkeeping requirements, see section 6039D. . (b) Exclusion from employment taxes (1) Sections 3121(a)(18), 3306(b)(13), and 3401(a)(18) of such Code are each amended by inserting 127A, after 127, each place it appears. (2) Section 3231(e)(6) of such Code is amended by striking section 127 and inserting section 127 or 127A . (c) Reporting and recordkeeping requirements Section 6039D(d)(1) of such Code is amended by inserting 127A, after 127, . (d) Other conforming amendments (1) Sections 125(f), 414(n)(3)(C), and 414(t)(2) of such Code are each amended by inserting 127A, after 127, each place it appears. (2) Section 132(j)(8) of such Code is amended by striking section 127 and inserting section 127 or 127A . (3) Section 1397(a)(2)(A) of such Code is amended by inserting at the end the following new clause: (iii) Any amount paid or incurred by an employer which is excludable from the gross income of an employee under section 127A, but only to the extent paid or incurred to a person not related to the employer. . (4) Section 209(a)(15) of the Social Security Act ( 42 U.S.C. 409(a)(15) ) is amended by striking or 129 and inserting , 127A, or 129 . (e) 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. Employer contributions to qualified tuition programs. . (f) 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-113hr529ih/xml/BILLS-113hr529ih.xml

113-hr-530

I 113th CONGRESS 1st Session H. R. 530 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mrs. Bustos introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish the Independent Government Waste Reduction Board. 1. Short title; table of contents (a) Short title This Act may be cited as the Government Waste Reduction 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. Establishment of Board. Sec. 3. Duties of the Board. Sec. 4. Powers of the Board. Sec. 5. Board personnel matters. Sec. 6. Congressional consideration of Board recommendations. Sec. 7. Termination of the Board. 2. Establishment of Board (a) Establishment There is established the Independent Government Waste Reduction Board (hereafter in this Act referred to as the Board ). (b) Membership (1) In general (A) Appointment The Board shall be composed of 15 members appointed by the President, by and with the advice and consent of Congress. (B) Qualifications The members of the Board shall include individuals with national recognition for their expertise in agencies, efficiency, waste reduction, finance and economics, actuarial sciences, who provide a mix of different professionals, broad geographic representation, and a balance between urban and rural representatives. (C) Ethical disclosure The President shall establish a system for public disclosure by members of the Board of financial and other potential conflicts of interest relating to such members. Members of the Board shall be treated as officers in the executive branch for purposes of applying title I of the Ethics in Government Act of 1978 (Public Law 95–521). (D) Conflicts of interest No individual may serve as a member of the Board if that individual engages in any other business, vocation, or employment. (E) Consultation with Congress In selecting individuals for nominations for appointments to the Board, the President shall consult with— (i) the majority leader of the Senate concerning the appointment of 3 members; (ii) the Speaker of the House of Representatives concerning the appointment of 3 members; (iii) the minority leader of the Senate concerning the appointment of 3 members; and (iv) the minority leader of the House of Representatives concerning the appointment of 3 members. (2) Term of office Each member shall hold office for the duration of the Board. (3) Chairperson (A) In general The Chairperson shall be appointed by the President, by and with the advice and consent of the Senate, from among the members of the Board. (B) Duties The Chairperson shall be the principal executive officer of the Board, and shall exercise all of the executive and administrative functions of the Board, including functions of the Board with respect to— (i) the appointment and supervision of personnel employed by the Board; (ii) the distribution of business among personnel appointed and supervised by the Chairperson and among administrative units of the Board; and (iii) the use and expenditure of funds. (C) Governance In carrying out any of the functions under subparagraph (B), the Chairperson shall be governed by the general policies established by the Board and by the decisions, findings, and determinations the Board shall by law be authorized to make. (D) Requests for appropriations Requests or estimates for regular, supplemental, or deficiency appropriations on behalf of the Board may not be submitted by the Chairperson without the prior approval of a majority vote of the Board. (4) Removal Any member may be removed by the President for neglect of duty or malfeasance in office, but for no other cause. (c) Vacancies; Quorum; Seal; Vice Chairperson; Voting on Reports (1) Vacancies No vacancy on the Board shall impair the right of the remaining members to exercise all the powers of the Board. (2) Quorum A majority of the members of the Board shall constitute a quorum for the transaction of business, but a lesser number of members may hold hearings. (3) Seal The Board shall have an official seal, of which judicial notice shall be taken. (4) Vice Chairperson The Board shall elect a Vice Chairperson to act in the absence or disability of the Chairperson or in case of a vacancy in the office of the Chairperson. (5) Voting on proposals Any proposal of the Board must be approved by the majority of members present. 3. Duties of the Board (a) Submission of report Not later than one year after the date of the enactment of this Act, the Board shall submit to Congress and the President a report that advises specific implementation of the recommendations from the March 2011 Government Accountability Office report to Congress, entitled Opportunities to Reduce Potential Duplication in Government Programs, Save Tax Dollars, and Enhance Revenue (GAO–11–318SP) and the February 2012 Government Accountability Office report to Congress, entitled Opportunities to Reduce Duplication, Overlap and Fragmentation, Achieve Savings, and Enhance Revenue (GAO–12–342SP) and shall include— (1) a summary of the recommendations; (2) an explanation of each recommendation contained in the report and the reasons for including such recommendation; (3) an opinion by the Government Accountability Office on whether each recommendation is consistent with the intent of such Government Accountability Office reports; (4) a legislative proposal that implements the recommendations; and (5) other information determined appropriate by the Board. (b) Recommendations requirements (1) Requirements Each recommendation in the report submitted under subsection (a)— (A) shall result in a decrease of overall Government spending or an increase of Government revenue; and (B) shall not result in— (i) any cut in benefits for veterans, members of the Armed Forces, or their families; or (ii) any cut in benefits for seniors, including— (I) the elimination of guaranteed health insurance benefits for seniors or people with disabilities; (II) the conversion of Medicare into a voucher plan that provides limited payments to seniors or people with disabilities to purchase health care in the private health insurance market; (III) cuts in Medicaid health insurance benefits; (IV) cuts in nursing home care; or (V) privatization of Social Security benefits. (2) Consultation with other agencies The Board shall consult regularly with the Government Accountability Office and other agencies in making the recommendations required under this section. 4. Powers of the Board (a) Hearings The Board may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Board considers advisable to carry out this Act. (b) Obtaining official data The Board may secure directly from any department or agency information necessary to enable it to carry out this section. Upon request of the Chairperson, the head of that department or agency shall furnish that information to the Board on an agreed upon schedule. (c) Postal Services The Board may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (d) Gifts The Board may accept, use, and dispose of gifts or donations of services or property. (e) Offices The Board shall maintain a principal office and such field offices as it determines necessary, and may meet and exercise any of its powers at any other place. 5. Board personnel matters (a) Compensation of Members and Chairperson Each member of the Board, other than the Chairperson, shall be compensated at a rate equal to the annual rate of basic pay prescribed for level III of the Executive Schedule under section 5315 of title 5, United States Code. The Chairperson shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level II of the Executive Schedule under section 5315 of title 5, United States Code. (b) Travel Expenses The members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board. (c) Staff (1) In general The Chairperson may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Board to perform its duties. The employment of an executive director shall be subject to confirmation by the Board. (2) Compensation The Chairperson may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of Government Employees Any Federal Government employee may be detailed to the Board without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of Temporary and Intermittent Services The Chairperson may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. 6. Congressional consideration of Board recommendations (a) Introduction (1) In general On the day on which the report is submitted by the Board to the Congress under section 3(a), the legislative proposal (described in section 3(a)(4)) contained in the report shall be introduced (by request) in the Senate by the majority leader of the Senate or by Members of the Senate designated by the majority leader of the Senate and shall be introduced (by request) in the House by the majority leader of the House or by Members of the House designated by the majority leader of the House. (2) Not in session If either House is not in session on the day on which such legislative proposal is submitted, the legislative proposal shall be introduced in that House, as provided in subparagraph (A), on the first day thereafter on which that House is in session. (3) Any member If the legislative proposal is not introduced in either House within 5 days on which that House is in session after the day on which the legislative proposal is submitted, then any Member of that House may introduce the legislative proposal. (4) Referral The legislation introduced under this subsection in the House of Representatives shall be referred to the Committee on Oversight and Government Reform of the House of Representatives. The legislation introduced under this subsection in the Senate shall be referred to the Committee on Homeland Security and Governmental Affairs of the Senate. (b) Discharge If the committee to which a legislative proposal described in subsection (a) is referred has not reported the bill containing such proposal by the end of the 20-day period beginning on the date on which the Board submits the report to Congress under section 3(a), such committee shall be, at the end of such period, discharged from further consideration of such bill, and such bill shall be placed on the appropriate calendar of the House involved. (c) Expedited consideration (1) Consideration On or after the third day after the date on which the committee to which such a bill is referred has reported, or has been discharged (under subsection (b)) from further consideration of, such a bill, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the bill. A member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member’s intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the bill was referred. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. 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 bill is agreed to, the respective House shall immediately proceed to consideration of the bill without intervening motion, order, or other business, and the bill shall remain the unfinished business of the respective House until disposed of. (2) Debate Debate on the bill, 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 bill. An amendment to the bill is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the bill is not in order. A motion to reconsider the vote by which the bill is agreed to or disagreed to is not in order. (3) Vote on final passage Immediately following the conclusion of the debate on the bill and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the bill shall occur. (4) Appeals Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to the bill shall be decided without debate. (d) Consideration by other House (1) Before passage If, before the passage by one House of a bill of that House described in subsection (b), that House receives from the other House a bill described in subsection (b), then the following procedures shall apply— (A) the bill of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subparagraph (B)(ii); and (B) with respect to a bill described in subsection (b) of the House receiving the bill (i) the procedure in that House shall be the same as if no bill had been received from the other House; but (ii) the vote on final passage shall be on the bill of the other House. (2) After passage Upon disposition of the bill received from the other House, it shall no longer be in order to consider the bill that originated in the receiving House. (e) Rules of the Senate and House This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a bill described in subsection (b), and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. (f) Calendar day defined In this section, the term calendar day means a calendar day other than one on which either House is not in session because of an adjournment of more than three days to a date certain. 7. Termination of the Board The Board shall terminate 120 days after the date on which the Board submits the report under section 3(a).

https://www.govinfo.gov/content/pkg/BILLS-113hr530ih/xml/BILLS-113hr530ih.xml

113-hr-531

I 113th CONGRESS 1st Session H. R. 531 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Ms. Castor of Florida (for herself and Mr. Nugent ) introduced the following bill; which was referred to the Committee on Ways and Means , 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 prevent identity theft and tax crimes. 1. Short title This Act may be cited as the Tax Crimes and Identity Theft Prevention Act . 2. Expedited resolution from Internal Revenue Service for identity theft victims Not later than 90 days after an individual notifies the Secretary of the Treasury that such individual’s identity has been misused by another person in connection with the internal revenue laws, the Secretary shall, to the extent practicable, determine the extent to which the taxpayer’s return and return information were affected by such misuse and shall take such actions as are necessary to correct such affected return or return information with respect to such misuse. 3. Disclosure of return and return information in Federal and State prosecution relating to identity fraud (a) In general Subsection (k) of section 6103 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (11) Disclosure of certain return information in connection with identity theft and fraudulent returns (A) In general In the case of an investigation pertaining to the misuse of the identity of another person for purposes of filing a false or fraudulent return of tax, upon receipt of a written request which meets the requirements of subparagraph (C), the Secretary may disclose return information to officers and employees of any Federal law enforcement agency, or any officers and employees of any State or local law enforcement agency, who are personally and directly engaged in the investigation of any crimes implicated in such misuse, but only if any such law enforcement agency is part of a team with the Internal Revenue Service in such investigation. (B) Limitation on use of information Information disclosed under this subparagraph shall be solely for the use of such officers and employees to whom such information is disclosed in such investigation. (C) Requirements A request meets the requirements of this clause if— (i) the request is made by the head of the agency (or his delegate) involved in such investigation, and (ii) the request sets forth the specific reason why such disclosure may be relevant to the investigation. . (b) Conforming amendments (1) Paragraph (2) of section 6103(a) of such Code is amended by inserting or (k)(11) after subsection (i)(7)(A) . (2) Paragraph (4) of section 6103(p) of such Code is amended in the matter preceding subparagraph (A) by inserting or (11) after (k)(10) . (3) Paragraph (2) of section 7213(a) of such Code is amended by inserting (k)(11), after (7)(A)(i), . (c) Effective date The amendments made by this section shall apply to disclosures after the date of the enactment of this Act. 4. Criminal penalty for using a false identity in connection with tax fraud (a) In general Section 7207 of the Internal Revenue Code of 1986 is amended— (1) by striking Any person who willfully and inserting the following: (a) In general Any person who willfully , (2) by striking Any person required and inserting the following: (b) Information in connection with certain exempt organizations Any person required , and (3) by adding at the end the following: (c) Misappropriation of identity Any person who knowingly or willfully misappropriates another person's tax identification number in connection with any list, return, account, statement, or other document submitted to the Secretary shall be fined not less than $25,000 ($200,000 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution. . (b) Effective date The amendments made by this section shall apply to returns and information submitted after the date of the enactment of this Act. 5. Increased penalty for improper disclosure or use of information by preparers of returns (a) In general Section 6713(a) of the Internal Revenue Code of 1986 is amended— (1) by striking $250 and inserting $1,000 , and (2) by striking $10,000 and inserting $50,000 . (b) Criminal penalty Section 7216(a) of the Internal Revenue Code of 1986 is amended by striking $1,000 and inserting $100,000 . (c) Effective date The amendments made by this section shall apply to disclosures or uses after the date of the enactment of this Act. 6. PIN system for prevention of identity theft tax fraud Not later than 1 year after the date of the enactment of this Act, the Secretary of the Treasury (or the Secretary's delegate) shall implement an identify theft tax fraud prevention program under which— (1) a person who has filed an identity theft affidavit with the Secretary may elect— (A) to be provided with a unique personal identification number to be included on any Federal tax return filed by such person, or (B) to prevent the processing of any Federal tax return submitted in an electronic format by a person purporting to be such person, and (2) the Secretary will provide additional identity verification safeguards for the processing of any Federal tax return filed by a person described in paragraph (1) in cases where a unique personal identification number is not included on the return. 7. Prevention of fraudulent refunds (a) In general The Secretary of the Treasury (or the Secretary’s delegate) shall establish a fraudulent tax refund prevention program under which— (1) additional triggers are added to the refund database to identify potentially fraudulent tax refunds, and (2) the legitimacy of the refund claim can be promptly determined before the distribution of the refund. (b) Multiple refunds to same debit card The additional triggers added under subsection (a)(1) shall include identification of requests for multiple refunds to be paid to the same debit card. 8. Authority to transfer Internal Revenue Service appropriations to use for tax fraud enforcement For any fiscal year, the Commissioner of Internal Revenue may transfer not more than $10,000,000 to the Enforcement account of the Internal Revenue Service from amounts appropriated to other Internal Revenue Service accounts. Any amounts so transferred shall be used solely for the purposes of preventing and resolving potential cases of tax fraud. 9. Local Law Enforcement Liaison (a) Establishment The Commissioner of Internal Revenue shall establish within the Criminal Investigation Division of the Internal Revenue Service the position of Local Law Enforcement Liaison. (b) Duties The Local Law Enforcement Liaison shall— (1) coordinate the investigation of tax fraud with State and local law enforcement agencies; (2) communicate the status of tax fraud cases involving identity theft, and (3) carry out such other duties as delegated by the Commissioner of Internal Revenue. 10. Report on tax fraud Subsection (a) of section 7803 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Annual report on tax fraud The Commissioner shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives an annual report detailing— (A) the number of reports of tax fraud and suspected tax fraud received from State and local law enforcement agencies in the preceding year, and (B) the actions taken in response to such reports. . 11. Study on the use of prepaid debit cards and commercial tax preparation software in tax fraud (a) In general The Comptroller General shall conduct a study to examine the role of prepaid debit cards and commercial tax preparation software in facilitating fraudulent tax returns through identity theft. (b) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report with the results of the study conducted under subsection (a), together with any recommendations. 12. Restriction on access to the death master file (a) In general The Secretary of Commerce shall not disclose information contained on the Death Master File to any person with respect to any individual who has died at any time during the calendar year in which the request for disclosure is made or the succeeding calendar year unless such person is certified under the program established under subsection (b). (b) Certification program (1) In general The Secretary of Commerce shall establish a program to certify persons who are eligible to access the information described in subsection (a) contained on the Death Master File. (2) Certification A person shall not be certified under the program established under paragraph (1) unless the Secretary determines that such person has a legitimate fraud prevention interest in accessing the information described in subsection (a). (c) Imposition of penalty Any person who is certified under the program established under subsection (b), who receives information described in subsection (a), and who during the period of time described in subsection (a)— (1) discloses such information to any other person, or (2) uses any such information for any purpose other than to detect or prevent fraud, shall pay a penalty of $1,000 for each such disclosure or use, but the total amount imposed under this subsection on such a person for any calendar year shall not exceed $50,000. (d) Exemption from Freedom of Information Act requirement with respect to certain records of deceased individuals (1) In General The Social Security Administration shall not be compelled to disclose to any person who is not certified under the program established under section 9(b) the information described in section 9(a). (2) Treatment of Information For purposes of section 552 of title 5, United States Code, this section shall be considered a statute described in subsection (b)(3)(B) of such section 552. 13. Treasury report on information sharing barriers with respect to identity theft (a) Review (1) In general The Secretary of the Treasury (or the Secretary’s delegate) shall review whether current Federal tax laws and regulations related to the confidentiality and disclosure of return information prevent the effective enforcement of local, State, and Federal identity theft statutes. The review shall consider whether greater information sharing between the Internal Revenue Service and State and local law enforcement authorities would improve the enforcement of criminal laws at all levels of government. (2) Consultation In conducting the review under paragraph (1), the Secretary shall solicit the views of, and consult with, State and local law enforcement officials. (b) Report Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report with the results of the review conducted under subsection (a), along with any legislative recommendations, to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. 14. Grants to investigate and prosecute State and local tax crimes (a) Grant program authorized The Attorney General is authorized to award grants to State and local law enforcement agencies to assist such agencies in the investigation and prosecution of tax crimes. (b) Authorization of appropriations For each fiscal year, there are authorized to be appropriated to carry out this section, from amounts made available in each such fiscal year to carry out the Edward Byrne Memorial Justice Assistance Grants program under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ), $50,000,000.

https://www.govinfo.gov/content/pkg/BILLS-113hr531ih/xml/BILLS-113hr531ih.xml

113-hr-532

I 113th CONGRESS 1st Session H. R. 532 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Cohen (for himself, Mr. Danny K. Davis of Illinois , Mr. George Miller of California , Mr. Conyers , Ms. Lofgren , Ms. Bordallo , Ms. Chu , Mr. Ellison , Mr. Holt , Mr. Johnson of Georgia , Mr. Rangel , Mr. Waxman , Ms. Lee of California , Mr. Courtney , and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 11 of the United States Code to modify the dischargeability of debts for certain educational payments and loans. 1. Short title This Act may be cited as the Private Student Loan Bankruptcy Fairness Act of 2013 . 2. Exceptions to discharge Section 523(a)(8) of title 11, United States Code, is amended— (1) by striking subparagraph (B), and (2) in subparagraph (A)— (A) in clause (i)— (i) by striking (i) , and (ii) by inserting any program for which substantially all of the funds are provided by a after unit or , and (B) in clause (ii)— (i) by striking (ii) and inserting (B) , and (ii) by striking or at the end. 3. Effective date; application of amendments (a) Effective date Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b) Application of amendments The amendments made by this Act shall apply only with respect to cases commenced under title 11 of the United States Code on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr532ih/xml/BILLS-113hr532ih.xml

113-hr-533

I 113th CONGRESS 1st Session H. R. 533 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Connolly (for himself and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide authorities for the appropriate conversion of temporary seasonal wildland firefighters and other temporary seasonal employees in Federal land management agencies who perform regularly recurring seasonal work to permanent seasonal positions. 1. Short title This Act may be cited as the Land Management Workforce Flexibility Act . 2. Personnel flexibilities relating to land management agencies (a) In general Subpart I of part III of title 5, United States Code, is amended by inserting after chapter 95 the following: 96 PERSONNEL FLEXIBILITIES RELATING TO LAND MANAGEMENT AGENCIES Sec. 9601. Definition. 9602. Competitive service; time-limited appointments. 9601. Definition For purposes of this chapter, the term land management agency means— (1) the Forest Service of the Department of Agriculture; (2) the Bureau of Land Management of the Department of the Interior; (3) the National Park Service of the Department of the Interior; (4) the Fish and Wildlife Service of the Department of the Interior; (5) the Bureau of Indian Affairs of the Department of the Interior; and (6) the Bureau of Reclamation of the Department of the Interior. 9602. Competitive service; time-limited appointments (a) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service is eligible to compete for a permanent appointment in the competitive service under that agency’s merit promotion procedures if— (1) such individual was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; (2) the employee has served under 1 or more time-limited appointments by such agency for a period or periods totaling not less than 24 months without an intervening break of 2 or more years; and (3) the employee’s performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in paragraph (2). (b) (1) For purposes of this subsection, the term successor permanent position means, with respect to a time-limited position, a permanent position in the competitive service with the same or substantially similar major duties and qualification requirements in the same major subdivision of the same agency as the time-limited position. (2) Notwithstanding chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, an employee of a land management agency serving under a time-limited appointment in the competitive service shall be offered any successor permanent position that the agency decides to fill and, upon his or her concurrence, be appointed to such position if— (A) such individual was appointed initially under open, competitive examination under subchapter I of chapter 33 to the time-limited appointment; (B) (i) the job announcement for the time-limited position stated that there was potential for the position to become permanent; or (ii) the employee’s first time-limited appointment by such agency occurred before the date of enactment of this chapter; (C) the employee has served under a time-limited appointment or appointments in a position or positions in such agency with the same or substantially similar major duties and qualification requirements as the successor permanent position for a period or periods totaling not less than 24 months without an intervening break of 2 or more years; and (D) the employee’s performance has been at an acceptable level of performance throughout the period or periods (as the case may be) referred to in subparagraph (C). (3) If 2 or more employees are eligible for conversion under this subsection, then any preference eligible veterans shall be given priority. (4) If 2 or more employees have equal priority for conversion under this subsection, then placement shall be determined by competitive procedures consistent with merit system principles. (c) An employee selected or converted under this section becomes a career-conditional employee, unless the employee has otherwise completed the service requirements for career tenure. (d) An employee appointed under this section acquires competitive status upon appointment. (e) The provisions of this section shall apply with respect to time-limited employees who have been separated for reasons other than misconduct or unacceptable performance. For such a separated employee, the provisions of this chapter shall apply as if such separated employee occupied the time-limited position from which such employee was most recently separated. An agency shall be deemed to have met its obligation under this section if notice is sent to the last known address of such individual 21 or more days before a successor permanent position for which he or she is eligible is filled. (f) For purposes of this section, time-limited appointments include temporary appointments and term appointments, as defined by the Office of Personnel Management. (g) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section. . (b) Clerical amendment The analysis for part III of title 5, United States Code, is amended by inserting after the item for chapter 95 the following: 96. Personnel flexibilities relating to land management agencies 9601 .

https://www.govinfo.gov/content/pkg/BILLS-113hr533ih/xml/BILLS-113hr533ih.xml

113-hr-534

I 113th CONGRESS 1st Session H. R. 534 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Connolly (for himself and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To establish the National Commission on Intergovernmental Relations to facilitate the fullest cooperation and coordination between all levels of government. 1. Short Title This Act may be cited as the Restore the Partnership Act . 2. Establishment There is established a permanent bipartisan commission to be known as the National Commission on Intergovernmental Relations (in this Act referred to as the Commission ). 3. Declaration of purpose In order to facilitate the fullest cooperation and coordination between all levels of government in an increasingly complex society, it is essential that a commission be established to give continuing attention to intergovernmental issues. It is intended that the Commission, in the performance of its duties, will— (1) bring together representatives of Federal, State, and local governments for the consideration of common problems; (2) provide a forum for discussing the administration and coordination of Federal aid and other programs requiring intergovernmental cooperation; (3) give critical attention to the conditions, controls, and oversight involved in the administration of such Federal programs; and (4) encourage discussion and study during the early stages of emerging public challenges that are likely to require intergovernmental cooperation. 4. Membership (a) Number and appointment The Commission shall be composed of 30 members, as follows: (1) 6 appointed by the President of the United States, 3 of whom shall be officers of the executive branch of the government, and 3 private citizens, each of whom shall have experience or familiarity with relations between the levels of government. (2) 3 appointed by the President of the Senate, who shall be Members of the Senate. (3) 3 appointed by the Speaker of the House of Representatives, who shall be Members of the House. (4) 4 appointed by the President from a panel of at least 8 Governors submitted by the National Governors’ Association. (5) 4 appointed by the President from a panel of at least 8 members of State legislative bodies submitted by the National Conference of State Legislatures. (6) 4 appointed by the President from a panel of at least 8 mayors submitted jointly by the National League of Cities and the United States Conference of Mayors. (7) 4 appointed by the President from a panel of at least 8 elected county officers submitted by the National Association of Counties. (8) 2 tribal officials appointed by the Secretary of the Interior from a panel of at least 4 submitted by the National Congress of American Indians. (b) Political and geographical composition (1) The members appointed from private life under paragraph (1) of subsection (a) shall be appointed without regard to political affiliation. (2) Of each class of members enumerated in paragraphs (2) and (3) of subsection (a), 2 shall be from the majority party of the respective houses. (3) Of each class of members enumerated in paragraphs (4), (5), (6), and (7) of subsection (a), not more than 2 shall be from any 1 political party. (4) Of each class of members enumerated in paragraphs (5), (6) and (7) of subsection (a), not more than 1 shall be from any 1 State. (5) At least 2 of the appointees under paragraph (6) of subsection (a) shall be from cities with a population of less than 500,000. (6) At least 2 of the appointees under paragraph (7) of subsection (a) shall be from counties with a population of less than 50,000. (7) 1 of the appointees under paragraph (8) of subsection (a) shall be from a gaming tribe and 1 shall be from a non-gaming tribe. (c) Terms (1) In general The term of office of each member of the Commission shall be 2 years. Members shall be eligible for reappointment. Except as provided in paragraph (2), members shall serve until their successors are appointed. (2) Termination of service in official position from which originally appointed Where any member ceases to serve in the official position from which originally appointed under section 3(a), his or her place on the Commission shall be deemed to be vacant. (3) Vacancies in membership Any vacancy in the membership of the Commission shall be filled in the same manner in which the original appointment was made; except that where the number of vacancies is fewer than the number of members specified in paragraphs (4), (5), (6), and (7) of section 3(a), each panel of names submitted in accordance with the aforementioned paragraphs shall contain at least 2 names for each vacancy. 5. Organization of Commission (a) Initial meeting The President shall convene the Commission not later than 90 days after the date of enactment of this Act at such time and place as the President may designate. (b) Chairman and Vice Chairman The Commission shall designate a Chairman and a Vice Chairman from among members of the Commission. (c) Quorum 13 members of the Commission shall constitute a quorum, but 2 or more members, representing more than 1 of the class of members enumerated in section 4(a), shall constitute a quorum for the purpose of conducting hearings. 6. Duties of Commission The Commission shall— (1) engage in such activities and make such studies and investigations as are necessary or desirable in the accomplishment of the purposes set forth in section 2; (2) consider, on its own initiative, mechanisms for fostering better relations between the levels of government; (3) make available technical assistance to the executive and legislative branches of the Federal Government in the review of proposed legislation to determine its overall effect on all levels of government; (4) recommend, within the framework of the Constitution, the most desirable allocation of governmental functions, responsibilities, and revenues among the levels of government; (5) recommend methods of coordinating and simplifying tax laws and administrative policies and practices to achieve a more orderly and less competitive fiscal relationship between the levels of government and to reduce the burden of compliance for taxpayers; and (6) submit an annual report to the President and the Congress on or before January 31 of each year. The Commission may also submit such additional reports to the President, to Congress or any committee of Congress, and to any unit of government or organization as the Commission may deem appropriate. 7. Powers and administrative provisions (a) Hearings and Sessions The Commission or, on the authorization of the Commission, any subcommittee or members thereof, may, for the purpose of carrying out the provisions of this Act, hold such hearings, take such testimony, and sit and act at such times and places as the Commission deems advisable. Any member authorized by the Commission may administer oaths or affirmations to witnesses appearing before the Commission or any subcommittee or members thereof. (b) Cooperation by Federal agencies Each department, agency, and instrumentality of the executive branch of the government, including independent agencies, is authorized and directed to furnish to the Commission, upon request made by the Chairman or Vice Chairman, such information as the Commission deems necessary to carry out its functions under this Act. (c) Executive Director The Commission shall have power to appoint and remove an Executive Director. The Executive Director shall be paid at the rate of basic pay for level III of the Executive Schedule. Such appointment shall be made solely on the basis of fitness to perform the duties of the position and without regard to political affiliation. (d) Staff Subject to such rules and regulations as may be adopted by the Commission, the Executive Director shall have the power— (1) to appoint, fix the compensation of, and remove such other personnel as he deems necessary; and (2) to procure temporary and intermittent services to the same extent as is authorized by law. (e) Applicability of other laws to employees Except as otherwise provided in this Act, persons in the employ of the Commission under subsections (c) and (d)(1) shall be considered Federal employees for all purposes. (f) Maximum compensation of employees No individual in the employ of the Commission under subsection (d)(1) shall be paid compensation for such employment at a rate in excess of the highest rate provided for under the General Schedule. 8. Reimbursement Members of the Commission shall be entitled to reimbursement for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties as members of the Commission. 9. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. 10. Receipt of funds; consideration by Congress The Commission is authorized to receive funds through grants, contracts, and contributions from State and local governments and organizations thereof, and from nonprofit organizations. Such funds may be received and expended by the Commission only for purposes of this Act. In making appropriations to the Commission, Congress shall consider the amount of any funds received by the Commission in addition to those funds appropriated to it by Congress.

https://www.govinfo.gov/content/pkg/BILLS-113hr534ih/xml/BILLS-113hr534ih.xml

113-hr-535

I 113th CONGRESS 1st Session H. R. 535 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Connolly introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to permanently extend the Build America Bonds program. 1. Short title This Act may be cited as the Put America Back to Work Act . 2. Permanent Extension of Build America Bonds (a) In general Subparagraph (B) of section 54AA(d)(1) of the Internal Revenue Code of 1986 is amended by inserting or after the date of the enactment of the Put America Back to Work Act , after January 1, 2011, . (b) Reduction in Bond Holder Credit Percentage Subsection (b) of 54AA of such Code is amended by striking 35 percent and inserting 25 percent (35 percent in the case of bonds issued before January 1, 2011) . (c) Payments to issuers (1) In general Section 6431 of such Code is amended— (A) by striking issued before January 1, 2011, in subsection (a), and (B) by striking before January 1, 2011 in subsection (f)(1)(B) and inserting during a particular period . (2) Conforming amendments Subsection (g) of section 54AA of such Code is amended— (A) by striking before January 1, 2011 in the matter preceding paragraph (1), and (B) by striking qualified bonds issued before 2011 in the heading and inserting certain qualified bonds . (d) Reduction in percentage of payments to issuers Subsection (b) of section 6431 of such Code is amended by striking 35 percent and inserting 28 percent (35 percent in the case of bonds issued before January 1, 2011) . (e) Current refundings permitted Subsection (g) of section 54AA of such Code is amended by adding at the end the following new paragraph: (3) Treatment of current refunding bonds (A) In general For purposes of this subsection, the term qualified bond includes any bond (or series of bonds) issued to refund a qualified bond if— (i) the average maturity date of the issue of which the refunding bond is a part is not later than the average maturity date of the bonds to be refunded by such issue, (ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (iii) the refunded bond is redeemed not later than 90 days after the date of the issuance of the refunding bond. (B) Applicable percentage In the case of a refunding bond referred to in subparagraph (A), the applicable percentage with respect to such bond under section 6431(b) shall be the lowest percentage specified in paragraph (2) of such section. (C) Determination of average maturity For purposes of subparagraph (A)(i), average maturity shall be determined in accordance with section 147(b)(2)(A). . (f) Additional purposes Subsection (g) of section 54AA of such Code, as amended by subsection (e), is amended by adding at the end the following new paragraphs: (4) Working capital financings For purposes of this subsection, the term qualified bond includes any bond (or series of bonds) that is reasonably expected to be used for the issuer’s operating expenses as long as the issue is limited to a maturity of 13 months or less. (5) Qualified 501(c)(3) bond For purposes of this subsection, the term qualified bond includes any bond (or series of bonds) that is a qualified 501(c)(3) bond (as defined in section 145). . (g) Clarification related to levees and flood control projects Subparagraph (A) of section 54AA(g)(2) of such Code is amended by inserting (including capital expenditures for levees and other flood control projects) after capital expenditures . (h) Effective date The amendments made by this section shall apply to obligations issued after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr535ih/xml/BILLS-113hr535ih.xml

113-hr-536

I 113th CONGRESS 1st Session H. R. 536 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mrs. Davis of California (for herself, Mr. Hinojosa , Mr. Grijalva , and Ms. Castor of Florida ) 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 authorize the Secretary of Education to make grants for recruiting, training, and retaining individuals, with a preference for individuals from underrepresented groups, as teachers at public elementary and secondary schools, and for other purposes. 1. Short title This Act may be cited as the Diverse Teachers Recruitment Act of 2013 . 2. Findings and purposes (a) Findings Congress finds the following: (1) Issues of teacher diversity and cultural awareness are critical factors influencing the achievement gap among elementary school and secondary school students and must be addressed by national education policy, as recommended in the report entitled Assessment of Diversity in America's Teaching Force , presented by the National Collaborative on Diversity in the Teaching Force in 2004. (2) Some experts believe the lack of diversity among public schoolteachers inhibits positive learning outcomes generally, and can leave students in underrepresented groups without role models to whom the students can relate, which may lead to poorer performance in the classroom. Statistics show that for students in some underrepresented groups, a lack of diversity among public school teachers contributes to lower standardized test scores and lower graduation rates. (3) Department of Education statistics confirm a lack of diversity among public schoolteachers. During the school year of 2007 through 2008, an estimated 83.1 percent of public schoolteachers were Caucasian, while 7.1 percent were Latino, 7 percent were African-American, and 1.2 percent were Asian. Of all public schoolteachers, 24.1 percent were male and 75.9 percent were female. (4) Teacher demographics should be sufficiently diverse to provide the educational benefits described in paragraphs (1) and (2), including ensuring that students have role models— (A) from diverse backgrounds and racial and ethnic groups; and (B) of different genders. (b) Purposes The purposes of this Act are— (1) to further a compelling interest in obtaining the educational benefits that result, particularly for schools with a concentration of individuals in 1 or more categories described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(v)(II) ), from a diverse group of elementary school and secondary school teachers, including— (A) promoting learning outcomes generally, and reducing achievement gaps for diverse student bodies; and (B) increasing student cultural awareness by better preparing students for an increasingly diverse workforce and society; (2) to provide narrowly tailored activities by funding the activities for the period needed to attain meaningful numbers or a critical mass of teachers who are individuals from underrepresented groups, sufficient to address the low employment of teachers from such groups, and offering the activities for other teachers as well; and (3) to remedy the historically low employment among teachers in public elementary schools and secondary schools who are individuals from underrepresented groups. 3. Recruitment, training, and retention of teachers, including teachers from underrepresented groups (a) In general Title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. ) is amended by adding at the end the following new part: E Recruitment, training, and retention of teachers, including teachers from underrepresented groups 2501. Grant program (a) Authorization From amounts appropriated under section 2505, the Secretary shall make grants on a competitive basis to eligible entities for— (1) recruitment and outreach targeted toward recruiting individuals from underrepresented groups as teachers at public elementary schools and secondary schools; and (2) providing training (on promoting learning outcomes, reducing achievement gaps for diverse student bodies, and increasing student cultural awareness) and retention incentives (other than retention rights) to teachers at public elementary schools and secondary schools. (b) Eligibility The Secretary may only make a grant under subsection (a) to an eligible entity that— (1) serves schools that have difficulty in— (A) recruitment and outreach targeted toward recruiting individuals from underrepresented groups as teachers; and (B) training and retaining such individuals as teachers; and (2) submits an application at such time, in such form, and containing such information and assurances as the Secretary may require, including— (A) a description of how the eligible entity through the activities the entity carries out with the grant funds— (i) will seek to conduct recruitment and outreach targeted toward recruiting individuals from underrepresented groups as teachers; and (ii) will provide training and retention activities to all teachers at eligible elementary and secondary schools; (B) a description of the difficulty conducting recruitment and outreach targeted toward, and training and retaining, individuals from underrepresented groups experienced by the schools served by the eligible entity; and (C) information— (i) demonstrating the educational benefits that the activities are designed to provide, resulting from a diverse group of elementary school and secondary school teachers, including— (I) promoting positive learning outcomes generally, and reducing achievement gaps for diverse student bodies; and (II) increasing student cultural awareness by better preparing students for an increasingly diverse workforce and society; and (ii) demonstrating that the schools involved do not have a sufficiently diverse group of teachers to provide the benefits. (c) Priority In making grants under subsection (a), the Secretary shall give priority to— (1) eligible entities (or consortia of eligible entities) that serve the most high-need schools; and (2) eligible entities (or consortia of eligible entities) that serve schools with concentrations of students in 1 or more categories described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(2)(C)(v)(II) ) in their student populations. (d) Use of funds An eligible entity shall use funds received under this section to conduct the recruitment and outreach described in subsection (a)(1), which may include— (1) promotional and informational activities at institutions of higher education that serve large numbers of individuals from underrepresented groups; (2) promotional and informational activities targeted toward candidates who are— (A) in career fields other than teaching; and (B) individuals from underrepresented groups; (3) promotional and informational activities targeted toward undergraduate students who graduated from a high school located within the eligible entity; and (4) provision of funds to cover travel or lodging expenses of individuals from underrepresented groups who are being recruited as teachers under this section. (e) Matching funds (1) In general The Secretary may not make a grant to an eligible entity under subsection (a) unless the eligible entity agrees that, with respect to the costs to be incurred by the eligible entity in carrying out the activities for which the grant is awarded, the eligible entity will make available non-Federal contributions in an amount equal to not less than 10 percent of the Federal funds provided under the grant. (2) Satisfying matching requirement The non-Federal contributions required under paragraph (1) may be— (A) in cash or in-kind, including services, fairly evaluated; and (B) from— (i) any private source; or (ii) a State educational agency or local educational agency. (3) Waiver The Secretary may waive or reduce the non-Federal contribution required by paragraph (1) if the eligible entity involved demonstrates that the eligible entity cannot meet the contribution requirement due to financial hardship. (f) Duration (1) Determination In determining whether to make a grant to an eligible entity for a local educational agency, the Secretary shall determine whether the elementary schools and secondary schools in the agency have attracted a sufficiently diverse group of teachers to provide the educational benefits described under subsection (b)(2)(C). (2) Grant The Secretary shall make the grant only if the Secretary determines that the schools described in paragraph (1) have not attracted that group and need additional activities under this section to provide the educational benefits. 2502. Reports to Secretary An eligible entity receiving a grant under section 2501(a) shall submit to the Secretary not later than 90 days after the end of each school year in which the eligible entity receives grant funds a report that contains— (1) a description of the activities for which the eligible entity used grant funds during such school year; (2) data concerning, with respect to the schools served by the eligible entity— (A) the number of individuals from underrepresented groups that began teaching during such school year; (B) the retention rate of teachers who are individuals from underrepresented groups; (C) in the case of the report covering the last school year in which the eligible entity receives grant funds, indicators of student academic achievement during such school year as compared with previous school years, disaggregated, if possible, by the achievement of— (i) economically disadvantaged students; (ii) students from major racial and ethnic groups; (iii) students with disabilities; and (iv) students with limited English proficiency; (D) student graduation rates for the school year covered by the report as compared with previous school years, if applicable in the case of the schools served by the eligible entity; and (E) student attendance rates for the school year covered by the report as compared with previous school years; and (3) a description of and data regarding such characteristics of the schools served by the eligible entity, and the students of such schools, as the Secretary considers appropriate, including the number and percentage of students in each of the groups listed in clauses (i) through (iv) of paragraph (2)(C). 2503. Best practices information clearinghouse (a) In general The Secretary shall evaluate the success of the activities carried out by eligible entities using grant funds received under section 2501(a) and compile a database of best practices for recruiting, conducting outreach to, training, and retaining individuals from underrepresented groups as public elementary school and secondary school teachers. The Secretary shall make such database available to eligible entities (regardless of whether the eligible entities have received grants under such section) through an Internet Web site. (b) Funds available Of the amounts appropriated to carry out this part for a fiscal year, the Secretary may use not more than 10 percent to carry out this section during such fiscal year. 2504. Definitions In this part, the following definitions apply: (1) Eligible entity The term eligible entity means— (A) a local educational agency (or consortium of local educational agencies); or (B) an entity that— (i) has entered into a partnership with a local educational agency (or consortium of local educational agencies) in which the local educational agency (or consortium of local educational agencies) is the primary partner; and (ii) is a private nonprofit organization, an educational service agency, an institution of higher education, or a State educational agency. (2) High-need high school The term high-need high school means a secondary school— (A) in which the entering grade of the school is not lower than grade 9 and that includes grade 12; and (B) that has a graduation rate of not more than 65 percent in each of the 2 academic years prior to the submission of the grant application. (3) High-need middle school The term high-need middle school means a secondary school— (A) in which the entering grade is not lower than grade 6 and the highest grade is not higher than grade 9; and (B) from which not less than 35 percent of the students who complete such school enroll in a high-need high school. (4) High-need school The term high-need school means a public school, including a charter school (as such term is defined in section 5210(1))— (A) in which not less than 40 percent of the enrolled students are eligible to receive free or reduced price lunches under section 9(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(b) ); or (B) that is a high-need high school or a high-need middle school. (5) Individual from an underrepresented group The term individual from an underrepresented group means an individual who is a member of a racial or gender group that has historically been underrepresented among teachers in public elementary schools and secondary schools in the school district involved. 2505. Authorization of appropriations There are authorized to be appropriated to carry out this part such sums as are necessary for fiscal years 2014 through 2019. . (b) Clerical amendment The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by adding after the item related to section 2441 the following: Part E—Recruitment, training, and retention of teachers, including teachers from underrepresented groups Sec. 2501. Grant program. Sec. 2502. Reports to Secretary. Sec. 2503. Best practices information clearinghouse. Sec. 2504. Definitions. Sec. 2505. Authorization of appropriations. .

https://www.govinfo.gov/content/pkg/BILLS-113hr536ih/xml/BILLS-113hr536ih.xml

113-hr-537

I 113th CONGRESS 1st Session H. R. 537 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Engel (for himself, Ms. Schakowsky , Mr. Grimm , Mr. Tonko , Mr. Ellison , and Ms. Pingree of Maine ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prohibit employers and certain other entities from requiring or requesting that employees and certain other individuals provide a user name, password, or other means for accessing a personal account on any social networking website. 1. Short title This Act may be cited as the Social Networking Online Protection Act . 2. Employer Access to Personal Accounts on Social Networking Websites (a) Conduct prohibited It shall be unlawful for any employer— (1) to require or request that an employee or applicant for employment provide the employer with a user name, password, or any other means for accessing a private email account of the employee or applicant or the personal account of the employee or applicant on any social networking website; or (2) to discharge, discipline, discriminate against in any manner, or deny employment or promotion to, or threaten to take any such action against, any employee or applicant for employment because— (A) the employee or applicant for employment refuses or declines to provide a user name, password, or other means for accessing a private email account of the employee or applicant or the personal account of the employee or applicant on any social networking website; or (B) such employee or applicant for employment has filed any complaint or instituted or caused to be instituted any proceeding under or related to this Act or has testified or is about to testify in any such proceeding. (b) Enforcement (1) Civil Penalties (A) In general Subject to paragraph (2), any employer who violates any provision of this Act may be assessed a civil penalty of not more than $10,000. (B) Determination of amount In determining the amount of any penalty under paragraph (1), the Secretary of Labor shall take into account the previous record of the person in terms of compliance with this Act and the gravity of the violation. (C) Collection Any civil penalty assessed under this subsection shall be collected in the same manner as is required by subsections (b) through (e) of section 503 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1853 ) with respect to civil penalties assessed under subsection (a) of such section. (2) Injunctive Actions by the Secretary of Labor The Secretary of Labor may bring an action under this section to restrain violations of this Act. In any action brought under this section, the district courts of the United States shall have jurisdiction, for cause shown, to issue temporary or permanent restraining orders and injunctions to require compliance with this Act, including such legal or equitable relief incident thereto as may be appropriate, including, employment, reinstatement, promotion, and the payment of lost wages and benefits. 3. Institution of higher education access to personal accounts on social networking websites Section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1095(a) ) is amended by adding at the end the following: (30) (A) The institution will not— (i) require or request that a student or potential student provide the institution with a user name, password, or any other means for accessing a private email account of the student or potential student or the personal account of the student or potential student on any social networking website; or (ii) discharge, discipline, discriminate against in any manner, or deny admission to, suspend, or expel, or threaten to take any such action against, any student or potential student because— (I) the student or potential student refuses or declines to provide a user name, password, or other means for accessing a private email account of the student or potential student or the personal account of the student or potential student on any social networking website; or (II) such student or potential student has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph or has testified or is about to testify in any such proceeding. (B) For purposes of this paragraph, the term social networking website has the meaning given such term in section 5(2) of the Social Networking Online Protection Act . . 4. Local educational agency access to personal accounts on social networking websites (a) In general Subpart 2 of part E of title IX of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 1094 et seq.) is amended by adding at the end the following new section: 9537. Prohibition on access to personal accounts of students (a) In general No local educational agency receiving funds under this Act may— (1) require or request that a student or potential student provide the agency or a school served by the agency with a user name, password, or any other means for accessing a private email account of the student or potential student or the personal account of the student or potential student on any social networking website; or (2) discharge, discipline, discriminate against in any manner, or deny admission to, suspend, or expel, or threaten to take any such action against, any student or potential student because— (A) the student or potential student refuses or declines to provide a user name, password, or other means for accessing a private email account of the student or potential student or the personal account of the student or potential student on any social networking website; or (B) such student or potential student has filed any complaint or instituted or caused to be instituted any proceeding under or related to this paragraph or has testified or is about to testify in any such proceeding. (b) Definition For purposes of this subsection, the term social networking website has the meaning given such term in section 5(2) of the Social Networking Online Protection Act . . (b) Clerical amendment The table of contents for the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by inserting after the item relating to section 9536, the following new item: Sec. 9537. Prohibition on access to personal accounts of students. . 5. Definitions As used in this Act— (1) the term employer means any person acting directly or indirectly in the interest of an employer in relation to an employee or an applicant for employment; and (2) the term social networking website means any Internet service, platform, or website that provides a user with a distinct account— (A) whereby the user can access such account by way of a distinct user name, password, or other means distinct for that user; and (B) that is primarily intended for the user to upload, store, and manage user-generated personal content on the service, platform, or website.

https://www.govinfo.gov/content/pkg/BILLS-113hr537ih/xml/BILLS-113hr537ih.xml

113-hr-538

I 113th CONGRESS 1st Session H. R. 538 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Engel introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect the Nation’s law enforcement officers by banning the Five-seveN Pistol and 5.7 x 28mm SS190, SS192, SS195LF, SS196, and SS197 cartridges, testing handguns and ammunition for capability to penetrate body armor, and prohibiting the manufacture, importation, sale, or purchase of such handguns or ammunition by civilians. 1. Short title This Act may be cited as the Protect Law Enforcement Armor Act or the PLEA Act . 2. Findings and purpose (a) Findings Congress finds the following: (1) Law enforcement is facing a threat from handguns and accompanying ammunition, which are designed to penetrate police body armor, being marketed and sold to civilians. (2) A Five-seveN Pistol and accompanying ammunition, manufactured by FN Herstal of Belgium as the 5.7 x 28 mm System , has recently been recovered by law enforcement on the streets. The Five-seveN Pistol is legally available for purchase by civilians under current law. (3) The Five-seveN Pistol is capable of penetrating level IIA armor. The manufacturer advertises that ammunition fired from the Five-seveN will perforate 48 layers of Kevlar up to 200 meters and that the ammunition travels at 2,100 feet per second. (4) The Five-seveN Pistol, and similar handguns designed to use ammunition capable of penetrating body armor, pose a devastating threat to law enforcement. (b) Purpose The purpose of this Act is to protect the Nation’s law enforcement officers by— (1) testing handguns and ammunition for capability to penetrate body armor; and (2) prohibiting the manufacture, importation, sale, or purchase by civilians of the Five-seveN Pistol, ammunition for such pistol, or any other handgun that uses ammunition found to be capable of penetrating body armor. 3. Armor piercing ammunition (a) Expansion of definition of armor piercing ammunition Section 921(a)(17)(B) of title 18, United States Code, is amended— (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (iii) a projectile that— (I) may be used in a handgun; and (II) the Attorney General determines, pursuant to section 926(d), to be capable of penetrating body armor. . (b) Determination of capability of projectiles To penetrate body armor Section 926 of title 18, United States Code, is amended by adding at the end the following: (d) (1) Not later than 1 year after the date of enactment of this subsection, the Attorney General shall promulgate standards for the uniform testing of projectiles against Body Armor Exemplar. (2) The standards promulgated pursuant to paragraph (1) shall take into account, among other factors, variations in performance that are related to the type of handgun used, the length of the barrel of the handgun, the amount and kind of powder used to propel the projectile, and the design of the projectile. (3) As used in paragraph (1), the term Body Armor Exemplar means body armor that the Attorney General determines meets minimum standards for the protection of law enforcement officers. . 4. Armor piercing handguns and ammunition (a) In general Section 922 of title 18, United States Code, is amended by adding at the end the following: (aa) Five-seveN Pistol (1) In general It shall be unlawful for any person to manufacture, import, market, sell, ship, deliver, possess, transfer, or receive— (A) the Fabrique Nationale Herstal Five-seveN Pistol; (B) 5.7 x 28mm SS190, SS192, SS195LF, SS196, or SS197 cartridges; or (C) any other handgun that uses armor piercing ammunition. (2) Exceptions This subsection shall not apply to— (A) any firearm or armor piercing ammunition manufactured for, and sold exclusively to, military, law enforcement, or intelligence agencies of the United States; and (B) the manufacture, possession, transfer, receipt, shipment, or delivery of a firearm or armor piercing ammunition by a licensed manufacturer, or any person acting pursuant to a contract with a licensed manufacturer, for the purpose of examining and testing such firearm or ammunition to determine whether paragraph (1) applies to such firearm. . (b) Penalties Section 924(a)(1)(B) of title 18, United States Code, is amended by striking or (q) and inserting (q), or (aa) .

https://www.govinfo.gov/content/pkg/BILLS-113hr538ih/xml/BILLS-113hr538ih.xml

113-hr-539

I 113th CONGRESS 1st Session H. R. 539 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Ms. Eshoo (for herself, Mr. Shimkus , and Mr. Doyle ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Communications Act of 1934 to authorize a bipartisan majority of Commissioners of the Federal Communications Commission to hold nonpublic collaborative discussions, and for other purposes. 1. Short title This Act may be cited as the Federal Communications Commission Collaboration Act of 2013 . 2. Findings Congress finds the following: (1) Commissioners of the Federal Communications Commission (in this section referred to as the Commission ), past and present, have stated that, while they support the intent of section 552b of title 5, United States Code, the implementation of that section has hindered the ability of the Commission to have a substantive exchange of ideas and hold collective deliberations on issues pending before the Commission. (2) The principal purpose of Congress in creating a multimember agency is to obtain the benefits of collegial decisionmaking by the members of the agency, who bring to the decisionmaking process different philosophical perspectives, experiences, and areas of expertise. (3) Commissioners have relied primarily on an inefficient combination of written messages, communications among staff, and a series of meetings restricted to 2 Commissioners at each such meeting to discuss complex telecommunications matters pending before the Commission. (4) Extensive use of such methods of communication has harmed collegiality and cooperation at the Commission. (5) Numerous regulatory matters have been pending before the Commission for years, and continued inaction on these issues has the potential to hinder innovation and private investment in the domestic communications industry. (6) The Commission must be able to work more collaboratively and efficiently than in the past to meet the current challenge of expanding broadband Internet access to the extent necessary to serve the business, educational, health, and cultural needs of all people in the United States. 3. Nonpublic collaborative discussions of the Federal Communications Commission Section 4 of the Communications Act of 1934 ( 47 U.S.C. 154 ) is amended by adding at the end the following: (p) Nonpublic collaborative discussions (1) Definitions In this subsection: (A) Agency action The term agency action has the meaning given the term in section 551 of title 5, United States Code. (B) Bipartisan majority of Commissioners The term bipartisan majority of Commissioners means a group of not less than 3 Commissioners that includes— (i) for each political party of which any Commissioner is a member, not less than 1 Commissioner who is a member of that political party; and (ii) if any Commissioner has no political party affiliation, not less than 1 unaffiliated Commissioner. (2) Nonpublic collaborative discussions Notwithstanding section 552b of title 5, United States Code, a bipartisan majority of Commissioners may hold a meeting that is closed to the public to discuss official business if— (A) a vote or any other agency action is not taken at the meeting; (B) each person present at the meeting is a Commissioner, an employee of the Commission, a member of a joint board established under section 410, or a person on the staff of such a joint board; and (C) an attorney from the Office of General Counsel of the Commission is present at the meeting. (3) Disclosure of nonpublic collaborative discussions Not later than 2 business days after the conclusion of a meeting held under paragraph (2), the Commission shall publish on the website of the Commission a disclosure relating to the meeting that includes— (A) a list of the persons who attended the meeting; and (B) a summary of the matters discussed at the meeting, except for any matters that the Commission determines may be withheld in accordance with section 552b(c) of title 5, United States Code. (4) Preservation of open meetings requirements for agency action Nothing in this subsection shall limit the applicability of section 552b of title 5, United States Code, with respect to a meeting of Commissioners other than a meeting described in paragraph (2). .

https://www.govinfo.gov/content/pkg/BILLS-113hr539ih/xml/BILLS-113hr539ih.xml

113-hr-540

I 113th CONGRESS 1st Session H. R. 540 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Ms. Eshoo (for herself, Mr. Rogers of Michigan , Mr. Welch , Mr. McKinley , Mr. Tonko , and Mr. Gardner ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the National Energy Conservation Policy Act and the Energy Independence and Security Act of 2007 to promote energy efficiency via information and computing technologies, and for other purposes. 1. Short title This Act may be cited as the Energy Efficient Government Technology Act . 2. Energy-efficient and energy-saving information and communications technologies Section 543 of the National Energy Conservation Policy Act ( 42 U.S.C. 8253 ) is amended— (1) by redesignating the second subsection (f) (relating to large capital energy investments) as subsection (g); and (2) by adding at the end the following: (h) Federal Implementation Strategy for Energy-Efficient and Energy-Saving Information and Communications Technologies (1) In general Not later than 1 year after the date of enactment of this subsection, each Federal agency shall collaborate with the Director of the Office of Management and Budget (referred to in this subsection as the Director ) to develop an implementation strategy (including best-practices and measurement and verification techniques) for the maintenance, purchase, and use by the Federal agency of energy-efficient and energy-saving information and communications technologies and practices. Each implementation strategy shall be flexible, cost-effective, and based on the specific operating requirements and statutory mission of the agency. (2) Administration In developing an implementation strategy, each Federal agency shall— (A) consider information and communications technologies (ICT) and related infrastructure and practices, such as— (i) advanced metering infrastructure; (ii) ICT services and products; (iii) efficient data center strategies and methods of increasing ICT asset and related infrastructure utilization; (iv) ICT and related infrastructure power management; (v) building information modeling, including building energy management; and (vi) secure telework and travel substitution tools; and (B) ensure that the agency realizes the savings and rewards brought about through increased efficiency and utilization. (3) Performance goals (A) In general Not later than 180 days after the date of enactment of this subsection, the Director, in consultation with the Secretary, shall establish performance goals for evaluating the efforts of Federal agencies in improving the maintenance, purchase, and use of energy-efficient and energy-saving information and communications technology systems and practices. (B) Energy efficient data centers The Director shall include within the performance goals established under this paragraph— (i) specifications and benchmarks that will enable Federal data center operators to make more informed decisions about the energy efficiency and cost savings of data centers, including an overall Federal target for increased energy efficiency, with initial reliance on the Power Usage Effectiveness metric; (ii) overall ICT asset utilization and related infrastructure utilization; and (iii) recommendations and best practices for how the benchmarks will be attained, with such recommendations to include a requirement for agencies to evaluate the use of energy savings performance contracting as a preferred acquisition method for data center efficiency. (C) Administration The performance goals established under this paragraph shall— (i) measure information technology costs over a specific time period of 3 to 5 years; (ii) measure cost savings attained via the use of energy-efficient and energy-saving information and communications solutions during the same time period; and (iii) provide, to the maximum extent practicable, a complete picture of all costs and savings, including energy costs and savings. (4) Federal data centers task force The Director shall maintain a Government-wide Data Center Task Force comprised of Federal data center program managers, facilities managers, and sustainability officers. The members of such task force shall be responsible for working together to share progress toward individual agency goals and the overall Federal target for increased energy efficiency, and shall regularly exchange best practices and other strategic information related to energy efficiency with the private sector. (5) Reports (A) Agency reports Each Federal agency subject to the requirements of this subsection shall include in the report of the agency under section 527 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17143 ) a description of the efforts and results of the agency under this subsection. (B) OMB Government efficiency reports and scorecards Effective beginning not later than October 1, 2013, the Director shall include in the annual report and scorecard of the Director required under section 528 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17144 ) a description of the efforts and results of Federal agencies under this subsection. . 3. Energy efficient data centers Section 453 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17112 ) is amended— (1) by amending subsection (c)(1) to read as follows: (1) In general Not later than 30 days after the date of enactment of the Energy Efficient Government Technology Act , the Secretary and the Administrator shall designate an established information technology industry organization to coordinate the program described in subsection (b), and shall make such designation public, including on an appropriate website. ; (2) by amending subsections (e) and (f) to read as follows: (e) Study The Secretary, with assistance from the Administrator, shall— (1) not later than December 31, 2013, make available to the public an update to the Report to Congress on Server and Data Center Energy Efficiency published on August 2, 2007, under Public Law 109–431 , providing— (A) a comparison and gap analysis of the estimates and projections contained in the original report with new data regarding the period from 2007 though 2012; (B) an analysis considering the impact of ICT asset and related infrastructure utilization solutions, to include virtualization and cloud computing-based solutions, in the public and private sectors; and (C) updated projections and recommendations for best practices; and (2) collaborate with the organization designated under subsection (c) in preparing such report. (f) Data center energy practitioner program The Secretary, in collaboration with the organization designated under subsection (c) and the United States Chief Information Officer in the Office of Management and Budget, shall maintain a data center energy practitioner program that leads to the certification of energy practitioners qualified to evaluate the energy usage and efficiency opportunities in data centers. Each Federal agency shall have its data centers evaluated annually by energy practitioners certified pursuant to such program, whenever practicable using certified practitioners employed by that agency. ; (3) by redesignating subsection (g) as subsection (j); and (4) by inserting after subsection (f) the following new subsections: (g) Open data initiative The Secretary, in collaboration with the organization designated under subsection (c) and the United States Chief Information Officer in the Office of Management and Budget, shall establish an open data initiative for Federal data center energy usage data, with the purpose of making such data available and accessible in a manner that empowers further data center innovation while protecting United States national security interests. In establishing this initiative, the Secretary shall consider use of the online Data Center Maturity Model. (h) International specifications and metrics The Secretary, in collaboration with the organization designated under subsection (c), shall actively participate in efforts to harmonize global specifications and metrics for data center energy efficiency. (i) ICT asset utilization metric The Secretary, in collaboration with the organization designated under subsection (c), shall assist in the development of an efficiency metric that measures the energy efficiency of the overall data center, including information technology systems and related infrastructure. .

https://www.govinfo.gov/content/pkg/BILLS-113hr540ih/xml/BILLS-113hr540ih.xml

113-hr-541

I 113th CONGRESS 1st Session H. R. 541 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Ms. Eshoo (for herself, Mr. Lance , Mr. Burgess , Mr. Gingrey of Georgia , Mrs. Christensen , and Mrs. Capps ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To reduce preterm labor and delivery and the risk of pregnancy-related deaths and complications due to pregnancy, and to reduce infant mortality caused by prematurity. 1. Short title This Act may be cited as the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Reauthorization Act or the PREEMIE Reauthorization Act . 2. Research and activities at the centers for disease control and prevention (a) Epidemiological studies Section 3 of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b–4f) is amended by striking subsection (b) and inserting the following: (b) Studies and Activities on Preterm Birth (1) In general The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, may, subject to the availability of appropriations— (A) conduct epidemiological studies on the clinical, biological, social, environmental, genetic, and behavioral factors relating to prematurity, as appropriate; (B) conduct activities to improve national data to facilitate tracking the burden of preterm birth; and (C) continue efforts to prevent preterm birth, including late preterm birth, through the identification of opportunities for prevention and the assessment of the impact of such efforts. (2) Report Not later than 2 years after the date of enactment of the PREEMIE Reauthorization Act, and every 2 years thereafter, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention, shall submit to the appropriate committees of Congress reports concerning the progress and any results of studies conducted under paragraph (1). . (b) Reauthorization Section 3(e) of the Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act (42 U.S.C. 247b–4f(e)) is amended by striking 2007 through 2011 and inserting 2014 through 2018 . 3. Activities at the health resources and services administration (a) Telemedicine and high-Risk pregnancies Section 330I(i)(1)(B) of the Public Health Service Act ( 42 U.S.C. 254c–14(i)(1)(B) ) is amended by striking or case management services and inserting case management services, or prenatal care for high-risk pregnancies . (b) Public and health care provider education Section 399Q of the Public Health Service Act ( 42 U.S.C. 280g–5 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking subparagraphs (A) through (F) and inserting the following: (A) the core risk factors for preterm labor and delivery; (B) medically indicated deliveries before full term; (C) the importance of preconception and prenatal care, including— (i) smoking cessation; (ii) weight maintenance and good nutrition, including folic acid; (iii) the screening for and the treatment of infections; and (iv) stress management; (D) treatments and outcomes for premature infants, including late preterm infants; (E) the informational needs of families during the stay of an infant in a neonatal intensive care unit; and (F) utilization of evidence-based strategies to prevent birth injuries; ; and (B) by striking paragraph (2) and inserting the following: (2) programs to increase the availability, awareness, and use of pregnancy and post-term information services that provide evidence-based, clinical information through counselors, community outreach efforts, electronic or telephonic communication, or other appropriate means regarding causes associated with prematurity, birth defects, or health risks to a post-term infant; ; and (2) in subsection (c), by striking 2007 through 2011 and inserting 2014 through 2018 . 4. Other activities (a) Interagency Coordinating Council on Prematurity and Low Birthweight The Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act is amended by striking section 5 ( 42 U.S.C. 247b–4g ). (b) Advisory Committee on Infant Mortality (1) Establishment The Secretary of Health and Human Services (referred to in this section as the Secretary ) may establish an advisory committee known as the Advisory Committee on Infant Mortality (referred to in this section as the Advisory Committee ). (2) Duties The Advisory Committee shall provide advice and recommendations to the Secretary concerning the following activities: (A) Programs of the Department of Health and Human Services that are directed at reducing infant mortality and improving the health status of pregnant women and infants. (B) Strategies to coordinate the various Federal programs and activities with State, local, and private programs and efforts that address factors that affect infant mortality. (C) Implementation of the Healthy Start program under section 330H of the Public Health Service Act ( 42 U.S.C. 254c–8 ) and Healthy People 2020 infant mortality objectives. (D) Strategies to reduce preterm birth rates through research, programs, and education. (3) Plan for HHS preterm birth activities Not later than 1 year after the date of enactment of this section, the Advisory Committee (or an advisory committee in existence as of the date of the enactment of this Act and designated by the Secretary) shall develop a plan for conducting and supporting research, education, and programs on preterm birth through the Department of Health and Human Services and shall periodically review and revise the plan, as appropriate. The plan shall— (A) examine research and educational activities that receive Federal funding in order to enable the plan to provide informed recommendations to reduce preterm birth and address racial and ethnic disparities in preterm birth rates; (B) identify research gaps and opportunities to implement evidence-based strategies to reduce preterm birth rates among the programs and activities of the Department of Health and Human Services regarding preterm birth, including opportunities to minimize duplication; and (C) reflect input from a broad range of scientists, patients, and advocacy groups, as appropriate. (4) Membership The Secretary shall ensure that the membership of the Advisory Committee includes the following: (A) Representatives provided for in the original charter of the Advisory Committee. (B) A representative of the National Center for Health Statistics. (c) Patient Safety Studies and report (1) In general The Secretary shall designate an appropriate agency within the Department of Health and Human Services to coordinate existing studies on hospital readmissions of preterm infants. (2) Report to Secretary and Congress Not later than 1 year after the date of the enactment of this Act, the agency designated under paragraph (1) shall submit to the Secretary and to Congress a report containing the findings and recommendations resulting from the studies coordinated under such paragraph, including recommendations for hospital discharge and followup procedures designed to reduce rates of preventable hospital readmissions for preterm infants.

https://www.govinfo.gov/content/pkg/BILLS-113hr541ih/xml/BILLS-113hr541ih.xml

113-hr-542

I 113th CONGRESS 1st Session H. R. 542 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Fleming introduced the following bill; which was referred to the Committee on Agriculture A BILL To limit restrictions on deer hunting within the Kisatchie National Forest. 1. Hunting in Kisatchie National Forest (a) In general Consistent with the Act of June 4, 1897 ( 16 U.S.C. 551 ), the Secretary of Agriculture may not restrict the use of dogs in deer hunting activities in Kisatchie National Forest, unless such restrictions— (1) apply to the smallest practicable portions of such unit; and (2) are necessary to reduce or control trespass onto land adjacent to such unit. (b) Prior restrictions void Any restrictions regarding the use of dogs in deer hunting activities in Kisatchie National Forest in force on the date of the enactment of this Act shall be void and have no force or effect. (c) Adjacent landowners Landowners whose property abuts a unit of the Kisatchie National Forest may petition the Secretary of Agriculture to restrict the use of dogs in deer hunting activities that take place on such units which abut their property. If the Secretary of Agriculture receives a petition from an adjacent landowner, the Secretary, after notice and opportunity for a hearing, may impose restrictions on the use of dogs in deer hunting— (1) limited to those units of the Kisatchie National Forest within 300 yards of the boundary of the petitioning landowner’s property; and (2) consistent with subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr542ih/xml/BILLS-113hr542ih.xml

113-hr-543

I 113th CONGRESS 1st Session H. R. 543 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Gibson (for himself, Mr. Walz , Mr. Massie , Mr. Holt , Ms. Pingree of Maine , Mr. Tierney , Mr. Grijalva , Ms. Edwards , Mr. Cicilline , Mr. Rahall , Ms. Clarke , Mr. Conyers , Ms. Schwartz , Mr. Young of Florida , Mr. Hanna , Mr. Tonko , Mr. Lewis , Mr. Courtney , Ms. Norton , Mr. Scott of Virginia , Mr. McGovern , Mr. Thornberry , Mr. Bridenstine , Mr. Barletta , Mr. Griffin of Arkansas , Mr. Rush , Mr. Braley of Iowa , Mr. Poe of Texas , Mr. Himes , Mr. Meeks , Mr. Grimm , Mr. Rangel , Mr. Young of Alaska , Mr. Michaud , Mr. McIntyre , Mr. Polis , Mr. Fitzpatrick , Mr. King of New York , Ms. Ros-Lehtinen , Mr. Stivers , Mr. Welch , Mr. Israel , and Mr. Larson of Connecticut ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to clarify presumptions relating to the exposure of certain veterans who served in the vicinity of the Republic of Vietnam, and for other purposes. 1. Short title This Act may be cited as the Blue Water Navy Vietnam Veterans Act of 2013 . 2. Clarification of presumptions of exposure for veterans who served in vicinity of Republic of Vietnam (a) Compensation Subsections (a)(1) and (f) of section 1116 of title 38, United States Code, are amended by inserting (including the territorial seas of such Republic) after served in the Republic of Vietnam each place it appears. (b) Health care Section 1710(e)(4) of such title is amended by inserting (including the territorial seas of such Republic) after served on active duty in the Republic of Vietnam . (c) Effective date The amendments made by subsections (a) and (b) shall take effect as of September 25, 1985.

https://www.govinfo.gov/content/pkg/BILLS-113hr543ih/xml/BILLS-113hr543ih.xml

113-hr-544

I 113th CONGRESS 1st Session H. R. 544 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Gingrey of Georgia (for himself, Mr. Matheson , Mr. Cassidy , Mr. Boustany , Mr. Walden , Mr. Jones , Mr. Rogers of Michigan , Mr. Roe of Tennessee , Mr. Hall , Mrs. Blackburn , Mr. Johnson of Ohio , Mr. Terry , and Mr. Rokita ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend title XXVII of the Public Health Service Act to change the permissible age variation in health insurance premium rates. 1. Short title This Act may be cited as the Letting Insurance Benefit Everyone Regardless of Their Youth (LIBERTY) Act . 2. Change in permissible age variation in health insurance premium rates (a) In general Section 2701(a)(1)(A)(iii) of the Public Health Service Act (42 U.S.C. 300gg(a)(1)(A)(iii)), as inserted by section 1201(4) of Public Law 111–148 , is amended by striking 3 to 1 for adults (consistent with section 2707(c)) and inserting 5 to 1 for adults (consistent with section 2707(c)) or such other ratio for adults (consistent with section 2707(c)) as the State involved may provide . (b) Effective date The amendment made by subsection (a) shall apply as if it was included in the enactment of Public Law 111–148 .

https://www.govinfo.gov/content/pkg/BILLS-113hr544ih/xml/BILLS-113hr544ih.xml

113-hr-545

I 113th CONGRESS 1st Session H. R. 545 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Grijalva (for himself, Mr. Conyers , and Ms. Lee of California ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend the Balanced Budget and Emergency Deficit Control Act of 1985 to create an adjustment to the discretionary spending limits for appropriations for emergency job creation. 1. Short title This Act may be cited as the Prioritize Emergency Job Creation Act . 2. Emergency job creation Section 251(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) Emergency job creation If, for fiscal years 2013 through 2021, appropriations for discretionary accounts are enacted that Congress designates and the President subsequently so designates as being for emergency job creation in statute, the adjustment for a fiscal year shall be the total of such appropriations for the fiscal year in discretionary accounts designated as being for emergency job creation. . 3. Emergency job creation adjustment for section 251A sequestration Section 251A(3) of the Balance Budget and Emergency Deficit Control Act of 1985 is amended by striking and at end of subparagraph (D), by striking the period and inserting ; and at the end of subparagraph (E), and by adding at the end the following subparagraph: (F) for fiscal year 2013, further reducing the amount calculated under subparagraphs (A) through (D) by appropriations for discretionary accounts that are enacted and that Congress designates and the President subsequently so designates as being for emergency job creation. .

https://www.govinfo.gov/content/pkg/BILLS-113hr545ih/xml/BILLS-113hr545ih.xml

113-hr-546

I 113th CONGRESS 1st Session H. R. 546 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Workforce Investment Act of 1998 to prepare individuals with multiple barriers to employment to enter the workforce by providing such individuals with support services, job training, and education, and for other purposes. 1. Short title This Act may be cited as the Promoting Partnerships to Transform Opportunities Act . 2. Purpose It is the purpose of this Act to provide resources to nonprofit organizations and minority-serving institutions to prepare individuals with multiple barriers to employment, especially underrepresented minorities, to enter the workforce by providing support services, job training, and education. 3. Underrepresented minority programs Subtitle D of title I of the Workforce Investment Act of 1998 is amended by inserting after section 166 ( 29 U.S.C. 2911 ), the following new section: 166B. Unrepresented Minority Programs (a) Purpose The purpose of this section is to support employment and training activities for individuals with multiple barriers to employment in order— (1) to develop more fully the academic, occupational, and literacy skills of such individuals; (2) to make such individuals more competitive in the workforce; and (3) to promote the economic and social development of minority communities in accordance with the goals and values of such communities. (b) Definitions As used in this section: (1) Minority-serving institution The term minority-serving institution means— (A) a historically Black college or university; (B) a Hispanic-serving Institution; (C) a Tribal College or University; or (D) a Predominantly Black Institution. (2) Historically Black College or university The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). (3) Hispanic-serving institution The term Hispanic-serving institution has the meaning given the term in section 502 of the Higher Education Act of 1965 ( 20 U.S.C. 1101a ). (4) Nonprofit organization The term nonprofit organization means a nonprofit organization that focuses on preparing individuals with multiple barriers to employment to enter the workforce by providing such individuals with support services, job training, and education. (5) Predominantly Black Institution The term Predominantly Black Institution has the meaning given the term in section 318 (20 U.S.C. 1059e). (6) Tribal College or University The term Tribal College or University has the meaning given the term in section 316 of the Higher Education Act of 1965 ( 20 U.S.C. 1059c ). (c) Program authorized The Secretary shall, on a competitive basis, make grants to, or enter into contracts or cooperative agreements with, nonprofit organizations in partnership with one or more minority-serving institutions to carry out the authorized activities described in subsection (d) . (d) Authorized activities A nonprofit organization in partnership with one or more minority-serving institutions receiving a grant, contract, or agreement under subsection (c) shall use such funds to serve individuals with multiple barriers to employment by carrying out the following activities: (1) Education services, including postsecondary education, English as a second language courses, General Education Development preparation, financial literacy workshops, access to information technology workshops and courses, Generational Diversity Awareness programs, and health and wellness programs. (2) Activities that increase access to workforce services, including on-the-job training, internships, skills training, job placement, financial literacy, and personal development. (3) Additional support services, including health and nutrition services, housing assistance, transportation, child care, and clothing. (e) Program Plan In order to receive a grant or enter into a contract or cooperative agreement under this subsection (c), a nonprofit organization in partnership with one or more minority-serving institutions shall submit to the Secretary a program plan that describes a strategy for meeting the needs of individuals with multiple barriers to employment in the area served by such organization. Such plan shall— (1) be consistent with the purpose of this section; (2) identify the population to be served; (3) identify the education and employment needs of the population to be served and the manner in which the activities to be provided will strengthen the ability of the individuals served to obtain or retain unsubsidized employment; (4) describe the activities to be provided and the manner in which such activities are to be integrated with other appropriate activities; and (5) describe, after the organization submitting the plan consults with the Secretary, the performance measures to be used to assess the performance of nonprofit organizations in carrying out the activities assisted under this section. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2014 through 2018. .

https://www.govinfo.gov/content/pkg/BILLS-113hr546ih/xml/BILLS-113hr546ih.xml

113-hr-547

I 113th CONGRESS 1st Session H. R. 547 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on Armed Services , Agriculture , and Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the establishment of a border protection strategy for the international land borders of the United States, to address the ecological and environmental impacts of border security infrastructure, measures, and activities along the international land borders of the United States, and for other purposes. 1. Short title This Act may be cited as the Border Security and Responsibility Act of 2013 . 2. Purpose The purposes of this Act are to provide a means whereby Federal lands and resources along the United States-Mexico border are provided the highest protection possible from the effects of unauthorized immigration, human and drug smuggling, and border enforcement activities, while ensuring that all operations necessary to achieve border security are undertaken. 3. Findings Congress finds the following: (1) Federal lands managed by the Department of the Interior and the Department of Agriculture encompass over 40 percent of the 1,900 miles of southwestern border in Arizona, California, New Mexico, and Texas. (2) Over the last five years, the Border Patrol has nearly doubled the number of its agents on patrol, constructed hundreds of miles of border fence and vehicle barriers, and installed surveillance equipment on and near lands managed by the Department of the Interior and the Department of Agriculture along the southwestern border. (3) When operating on Federal lands, the Border Patrol has responsibilities under several Federal land management laws, including the National Environmental Policy Act of 1969, the National Historic Preservation Act of 1966, the Wilderness Act of 1964, and the Endangered Species Act of 1973. (4) In March 2006, the Department of the Interior, the Department of Homeland Security, and the Department of Agriculture entered into a Memorandum of Understanding (MOU) entitled the Cooperative National Security and Counterterrorism Efforts on Federal Lands along the United States’ Borders . This MOU contains provisions related to the development of an efficient means of communication, cooperative identification of patrol routes and operations, conduct of joint enforcement operations, cooperation in the development of environmental and cultural resources awareness training, access by United States Customs and Border Protection (CBP) agents to Federal lands along the border, and guidance on construction and maintenance of tactical infrastructure. (5) Since entering into the 2006 MOU, the three departments have continually and successfully worked together to carry out the tenets outlined in the MOU at both the departmental and field levels, and have worked to address concerns regarding coordination to continually improve efforts to secure the borders while conserving the environment. (6) A 2008 MOU between the three departments bridges communication gaps and provides radio interoperability between Border Patrol agents and their law enforcement partners in the Department of the Interior and the Department of Agriculture. (7) Since fiscal year 2006, apprehensions of undocumented immigrants along the southwestern border have declined, reaching a low of 327,577 in fiscal year 2011. This decrease has occurred along the entire border, with every sector reporting fewer apprehensions in fiscal year 2011 than in fiscal year 2006. (8) CBP partners with Federal, tribal, State, and local entities to benefit border security and protection of the environment and cultural resources on Federal lands. The mission of the Department of Homeland Security, the Department of the Interior, and the Department of Agriculture along the border are inextricably linked in protecting and strengthening United States communities. (9) A report by the Government Accountability Office found that Border Patrol agents in charge of Border Patrol stations reported that the overall security status of their jurisdictions is not affected by land management laws. Instead, factors other than access delays or restrictions, such as the remoteness and ruggedness of the terrain or dense vegetation, have had the greatest effect. 4. Definitions In this Act: (a) Indian tribe The term Indian tribe has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (b) Secretary The term Secretary means the Secretary of Homeland Security. (c) Secretary concerned The term Secretary concerned means the Secretary of Agriculture with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of the Interior with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of Defense with respect to land under the jurisdiction of the Secretary of Defense or the secretary of a military department, or the Secretary of Commerce with respect to land under the jurisdiction of the Secretary of Commerce 5. Border protection strategy (a) Border protection strategy (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, and the Secretary of Commerce, in consultation with tribal, State, and local officials, shall jointly develop and submit to Congress a border protection strategy for the international land borders of the United States. (2) Elements of the strategy The strategy developed in accordance with paragraph (1) shall include the following components: (A) A comparative analysis of the levels of border security, based on auditable and verifiable data, achievable through alternative tactical infrastructure and other security measures. Measures assessed shall include, at a minimum— (i) pedestrian fencing; (ii) vehicle barriers, especially in areas in the vicinity of existing or planned roads; (iii) additional Border Patrol agents; (iv) efficacy of natural barriers and open space in response to unauthorized or unlawful border crossing; (v) fielding of advanced remote sensing and information integration technology, including the use of unmanned aerial vehicles and other advanced technologies and systems, including systems developed and employed, or under development, for tactical surveillance, multi-source information integration, and response analysis in difficult terrain and under adverse environmental conditions; (vi) regional as well as urban and rural variation in border security methodologies, and incorporation of natural barriers; (vii) enhanced cooperation with, and assistance to, intelligence, security, and law enforcement agencies in Mexico and Canada in detecting, reporting, analyzing, and successfully responding to unauthorized or unlawful border crossings from or into Mexico or Canada; and (viii) removal of obstructive non-native vegetation. (B) A comprehensive analysis of cost and other impacts of security measures assessed in subparagraph (A), including an assessment of— (i) land acquisition costs, including related litigation and other costs; (ii) construction costs, including both labor and material costs; (iii) maintenance costs over 25 years; (iv) contractor costs; (v) management and overhead costs; (vi) the impacts on soils, wildlife, wildlife habitat, natural communities, and functioning cross-border wildlife migration corridors and hydrology (including water quantity, quality, and natural hydrologic flows) on Federal, tribal, State, local, and private lands along the border; (vii) costs of fully mitigating the adverse impacts to Federal, tribal, State, local, and private lands, waters (including water quality, quantity, and hydrological flows), wildlife, and wildlife habitats, including, where such action is possible, the full costs of the replacement or restoration of severed wildlife migration corridors with protected corridors of equivalent biological functionality, as determined by each Secretary concerned, in consultation with appropriate authorities of tribal, State, and local governments and appropriate authorities of Mexico and Canada; and (viii) the impacts on the economy, culture, safety, and quality of life on residents in the vicinity of the border. (C) A comprehensive compilation of the fiscal investments in acquiring or managing Federal, tribal, state, local, and private lands and waters in the vicinity of, or ecologically related to, the land borders of the United States that have been acquired or managed in whole or in part for conservation purposes (including the creation or management of protected wildlife migration corridors) in— (i) units of the National Park System; (ii) National Forest System land; (iii) land under the jurisdiction of the Bureau of Land Management; (iv) land under the jurisdiction of the United States Fish and Wildlife Service; (v) other relevant land under the jurisdiction of the Department of the Interior or the Department of Agriculture; (vi) land under the jurisdiction of the Department of Defense or the individual military department; (vii) land under the jurisdiction of the Department of Commerce; (viii) tribal lands; (ix) State and private lands; and (x) lands within Mexico and Canada. (D) Recommendations for strategic border security management based on comparative security as detailed in subparagraph (A), the cost-benefit analysis as detailed in subparagraph (B), as well as protection of investments in public lands specified in subparagraph (C). (3) Training (A) Required training The Secretary, in cooperation with the Secretary concerned, shall provide— (i) natural resource protection training for Customs and Border Protection agents or other Federal personnel assigned to plan or oversee the construction or operation of border security tactical infrastructure or to patrol land along or in the vicinity of a land border of the United States; and (ii) cultural resource training for Customs and Border Protection agents and other Federal personnel assigned to plan or oversee the construction or operation of border security tactical infrastructure or to patrol tribal lands. (B) Additional considerations In developing and providing training under clause (i) of subparagraph (A), the Secretary shall coordinate with the Secretary concerned and the relevant tribal government to ensure that such training is appropriate to the mission of the relevant agency and is focused on achieving border security objectives while avoiding or minimizing the adverse impact on natural and cultural resources resulting from border security tactical infrastructure, operations, or other activities. 6. Actions to secure the international land borders of the United States (a) In general Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1103 note) is amended to read as follows: 102. Improvement of border security (a) In general The Secretary of Homeland Security shall take such actions as may be required to secure the international land borders of the United States. Such actions may be taken only in accordance with the border protection strategy developed under section 5(a) of the Border Security and Responsibility Act of 2013. (b) Priority of methods In carrying out the requirements of subsection (a), the Secretary of Homeland Security shall, where practicable, give first priority to the use of remote cameras, sensors, removal of non-native vegetation, incorporation of natural barriers, additional manpower, unmanned aerial vehicles, or other low impact border enforcement techniques. (c) Consultation (1) In general In carrying out this section, the Secretary of Homeland Security shall consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, States, local governments, tribal governments, and private property owners in the United States to minimize the impact on the environment, culture, commerce, safety, and quality of life for the communities and residents located near the sites at which actions under subsection (a) are proposed to be taken. (2) Rule of construction Nothing in this subsection may be construed to— (A) create or negate any right of action for a State, local government, tribal government, or other person or entity affected by this subsection; (B) affect the eminent domain laws of the United States or of any State; or (C) waive the application of any other applicable Federal, State, local, or tribal law. (3) Limitation on requirements Notwithstanding subsection (a), nothing in this section shall require the Secretary of Homeland Security to install fencing, physical barriers, roads, lighting, cameras, or sensors in a particular location along an international border of the United States if the Secretary determines that the use or placement of such resources is not the most effective and appropriate means to secure the international border at such location, or if the Secretary determines that the direct and indirect costs of or the impacts on the environment, culture, commerce, safety, or quality of life for the communities and residents along the border likely to result from the use or placement of such resources outweigh the benefits of such use or placement. . (b) Preconditions In fulfilling the requirements of section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended by subsection (a) of this section, the Secretary of Homeland Security shall not commence any construction of fencing, physical barriers, roads, lighting, cameras, sensors, or other tactical infrastructure along or in the vicinity of an international land border of the United States, or award or expend funds pursuant to any contract or other agreement related thereto, prior to 90 days following the submission to Congress of the border protection strategy required under section 5(a) of this Act. 7. Borderlands monitoring and mitigation (a) In general The Secretary, in consultation with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Defense, the Secretary of Commerce, and the heads of appropriate State and tribal wildlife agencies and entities, shall develop and implement a comprehensive monitoring and mitigation plan to address the ecological and environmental impacts of border security infrastructure, measures, and activities along the international land borders of the United States. (b) Requirements The mitigation plan required under subsection (a) shall include, at a minimum, measures to address and mitigate the full range of ecological and environmental impacts of border security infrastructure, measures, and activities, including— (1) preserving, maintaining, and, if necessary, restoring wildlife migration corridors, key habitats, and the ecologically functional connectivity between and among key habitats sufficient to ensure that species (whether or not designated as rare, protected, or of concern) remain viable and are able to adapt to the impacts of climate change; (2) addressing control of invasive species and implementing measures necessary to avoid the spread of such species; (3) maintaining hydrological functionality, including water quantity and quality; (4) incorporating adaptive management, including detailed provisions for long-term monitoring of the mitigation plan’s effectiveness and for necessary adjustments to such plan based on such monitoring results; and (5) protection of cultural and historical resources. (c) Preemption (1) In general Notwithstanding any other provision of law, the Secretary may, subject to paragraph (2), carry out the mitigation plan required under subsection (a) on any Federal, State, local, tribal, or private lands in the vicinity of or ecologically related to an international land border of the United States regardless of which individual, agency, or entity has ownership of or principal responsibility for the management of any such lands. (2) Conditions Activities carried out pursuant to paragraph (1) in connection with the mitigation plan shall be carried out in full consultation with, and with the concurrence of, the owner of, or entity with principal responsibility for, the management of the lands described in such paragraph. (d) Administration (1) Authorization The Secretary of Homeland Security may transfer funds of the Department of Homeland Security to other Federal agencies for— (A) expenditure under programs (including any international programs) of such agencies that are designed to fund conservation related activities (directly or through grants or similar mechanisms) on non-Federal lands, including land acquisition programs; and (B) mitigation activities on Federal lands managed by such agencies, if such activities are required to implement the mitigation plan required under subsection (a) and if the costs of such activities are higher than the costs associated with managing such lands in the absence of such activities. (2) Exemption from reprogramming requirements Funds transferred pursuant to the authorization under paragraph (1) shall not be subject to reprogramming requirements. (3) Acceptance and use of donations The Secretary may accept and use donations for the purpose of developing and implementing the mitigation plan required under subsection (a), and may transfer such funds to any other Federal agency for expenditure under such plan pursuant to paragraph (1). (e) Authorization of appropriations Notwithstanding any other provision of law, funds appropriated to the Department of Homeland Security for border security infrastructure and activities may be used by the Secretary to develop and implement the mitigation plan required under subsection (a).

https://www.govinfo.gov/content/pkg/BILLS-113hr547ih/xml/BILLS-113hr547ih.xml

113-hr-548

I 113th CONGRESS 1st Session H. R. 548 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Grijalva introduced the following bill; which was referred to the Committee on Homeland Security , and in addition to the Committees on Ways and Means , Transportation and Infrastructure , Small Business , Oversight and Government Reform , Foreign Affairs , and Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To restore growth, spur job creation, build momentum toward economic recovery for border communities and the United States, and for other purposes. 1. Short title This Act may be cited as the Border Infrastructure and Jobs Act of 2013 . 2. Findings Congress finds the following: (1) The United States and Mexico share a border of nearly 2,000 miles, a cultural heritage, and a desire to grow both economies through cooperation and hard work. (2) Border commerce is vital to the United States economy. Mexico is the United States third-largest trading partner, behind only Canada and China. In 2010, trade between the United States and Mexico reached $367,000,000,000, amounting to more than $1,000,000,000 per day. (3) Mexico is the second-largest export market for United States businesses and approximately 22 States depend on Mexico as their number one or two trading partner. (4) The growth of international trade has outpaced United States land ports of entry’s workload capacity, resulting in congestion and delays. This increased congestion hurts businesses that rely on safe and efficient cross-border traffic. 3. United States-Mexico Economic Partnership Commission (a) Establishment of commission (1) In general There is established an independent commission to be known as the United States-Mexico Economic Partnership Commission (referred to in this section as the Commission ). (2) Purposes The purposes of the Commission are to— (A) study the overall economic strategies, programs, and policies of Federal departments and agencies along the United States-Mexico border, including the Department of Homeland Security, the Department of Commerce, and other relevant departments and agencies; (B) strengthen relations and collaboration between communities along the United States-Mexico border and the Department of Homeland Security, the Department of Commerce, and other Federal departments and agencies that carry out such strategies, programs, and policies; and (C) make recommendations to the President and Congress with respect to such strategies, programs, and policies. (3) Membership (A) Voting members The Commission shall be composed of 16 voting members. The Governors of the States of Arizona, California, New Mexico, and Texas shall each appoint four such members, of whom— (i) one shall be a local elected official from each such State’s border region; (ii) one shall be an individual from academia or a community leader of each such State; and (iii) two shall be from each such State’s border region business community. (B) Nonvoting members The Commission shall be composed of two nonvoting members, of whom— (i) one shall be appointed by the Secretary of Homeland Security; and (ii) one shall be appointed by the Secretary of Commerce. (4) Qualifications (A) In general Members of the Commission shall be— (i) individuals with expertise in migration, border enforcement and protection, civil and human rights, community relations, cross-border trade and commerce, or other pertinent qualifications or experience; and (ii) representative of a broad cross section of perspectives from the region along the international border between the United States and Mexico. (B) Political affiliation Not more than two members of the Commission appointed by each Governor in accordance with paragraph (3)(A) may be members of the same political party. (C) Nongovernmental appointees An individual appointed as a voting member to the Commission may not be an officer or employee of the Federal Government. (5) Deadline for appointment All members of the Commission shall be appointed not later than six months after the date of the enactment of this Act. If any member of the Commission described in paragraph (3)(A) is not appointed by such date, the Commission shall carry out its duties under this section without participation of such member. (6) Term of service The term of office for members shall be for the life of the Commission. (7) 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. (8) Meetings (A) Initial meeting The Commission shall meet and begin the operations of the Commission as soon as practical. (B) Subsequent meetings After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of its members. (C) Outreach The Commission shall formulate and implement an effective outreach strategy to border communities along the United States-Mexico border. (9) Quorum Nine members of the Commission shall constitute a quorum. (10) Chair and vice chair The voting members of the Commission shall elect a Chairman and Vice Chairman from among its voting members. The term of office shall be for the life of the Commission. (11) Structure The Commission shall have a Federal, regional, and local review structure, and shall be divided into two subcommittees, one such subcommittee focused on border technology, equipment, and infrastructure, and one such subcommittee focused on cross-border trade policies and programs. (b) Duties The Commission shall review and examine cross-border trade policies, strategies, and programs with Mexico, including— (1) the effect of operations, technology, and infrastructure along such border on the— (A) environment; (B) cross-border traffic and commerce; (C) privacy rights and other civil liberties; and (D) the quality of life of border communities; (2) the extent of the negative economic impact, if any, on the United States due to staffing needs at land ports of entry along the such border; (3) whether border policies and practices ensure that the free flow of legitimate travel and commerce is not diminished by efforts, activities, and programs aimed at securing the international land ports of entry along the United States-Mexico border; and (4) any other matters regarding cross-border trade policies, strategies, and programs the Commission determines appropriate. (c) Powers of commission (1) In general (A) Hearings and evidence The Commission or, on the authority of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out this Act— (i) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, administer such oaths; and (ii) subject to subparagraph (B), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents as the Commission or such designated subcommittee or designated member may determine advisable. (B) Subpoenas (i) Issuance A subpoena may be issued under this subsection only— (I) by the agreement of the chairman and the vice chairman; or (II) by the affirmative vote of six members of the Commission. (ii) Signature Subject to clause (i), subpoenas issued under this subsection may be issued under the signature of the chairman or any member designated by a majority of the Commission, and may be served by any person designated by the chairman or by a member designated by a majority of the Commission. (iii) Enforcement In the case of contumacy or failure to obey a subpoena issued under this paragraph, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of such court may be punished by such court as a contempt of such court. (2) Contracting The Commission may, to such extent and in such amounts as are provided in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this Act. (3) Information from Federal agencies (A) In general The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, and statistics for the purposes of carrying out this Act. Each such department, bureau, agency, board, commission, office, independent establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request made by the chairman, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission. (B) Receipt, handling, storage, and dissemination Information, suggestions, estimates, and statistics referred to in subparagraph (A) shall only be received, handled, stored, and disseminated by members of the Commission and its staff in accordance with all applicable statutes, regulations, and Executive orders. (4) Assistance from Federal agencies (A) General Services Administration The Administrator of General Services shall provide to the Commission on a reimbursable basis administrative support and other services for the performance of the Commission’s functions. (B) Other departments and agencies In addition to the assistance prescribed in subparagraph (A), the heads of Federal departments and agencies may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (5) Postal services The Commission may use the United States mails in the same manner and under the same conditions as Federal departments and agencies of the United States. (d) Compensation (1) In general Members of the Commission shall serve without pay. (2) Reimbursement of expenses All members of the Commission shall be reimbursed for reasonable travel expenses and subsistence, and other reasonable and necessary expenses incurred by such members in the performance of their duties. (e) Training The Commission shall establish a process and criteria by which Commission members receive orientation and training on cross-border trade policies, strategies, and programs with respect to Mexico. (f) Report Not later than two years after the date of the first meeting called pursuant to subsection (a)(8)(A), the Commission shall submit to the President, the Secretary of Homeland Security, the Secretary of Commerce, and Congress a report that contains— (1) findings with respect to the duties of the Commission; (2) recommendations regarding cross-border trade policies, strategies, and programs with respect to Mexico; (3) suggestions for the implementation of such recommendations; and (4) a recommendation as to whether the Commission should continue to exist after the date of termination described in subsection (i), and if so, a description of the purposes and duties recommended to be carried out by the Commission after such date. (g) Response to report Not later than 180 days after the receipt of the report required under subsection (f), the Secretary of Homeland Security and the Secretary of Commerce shall jointly issue a response describing how the Department of Homeland Security and the Department of Commerce will implement the recommendations contained in such report. (h) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. (i) Sunset Unless the Commission is re-authorized by Congress, the Commission shall terminate on the date that is 60 days after the date the Commission submits the report described in subsection (f). 4. Port security and trade facilitation grants (a) Grant program The Secretary of Commerce, in consultation with the Secretary of Homeland Security, shall establish a program under which grants may be provided to develop and expand trusted shipper programs for small- and medium-sized businesses for the purpose of facilitating border commerce. (b) Applications and conditions In carrying out the grant program described in subsection (a), the Secretary of Commerce— (1) shall establish a notification and application procedure; and (2) may establish such conditions, and require such assurances, as may be appropriate to ensure the efficiency and integrity of the grant program. (c) Sunset The grant program described in subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act. (d) Limitation The sum for all fiscal years of the amounts awarded as grants under this section may not exceed $10,000,000. 5. Improving ports of entry on the southwest border for border security and other purposes (a) In general There are authorized to be appropriated to the Administrator of the General Services Administration— (1) $200,000,000 for fiscal 2014 solely for planning, management, design, alteration, and construction of United States Customs and Border Protection owned land border ports of entry along the international border between the United States and Mexico; and (2) $100,000,000 for fiscal year 2014 solely for the installation of renewable energy retrofits at land border ports of entry along the international border between the United States and Mexico. (b) Allocation of authorized funds Of the amounts authorized to be appropriated pursuant to subsection (a)(1)— (1) not more than 40 percent may be set aside for the San Luis I land port of entry; and (2) not more than 60 percent may be set aside for the Douglas land port of entry. 6. Improving waste water treatment infrastructure There are authorized to be appropriated to the International Boundary and Water Commission $50,000,000 for fiscal 2014 solely for planning, management, design, alteration, and construction of the International Outfall Interceptor (IOI) and the Nogales Wash Channel. 7. Improving cross-border transportation (a) In general There are authorized to be appropriated to the Federal Highway Administration $100,000,000 for fiscal 2014 for— (1) improvements to existing transportation and supporting infrastructure along the United States-Mexico border; (2) construction of highways and related safety and enforcement facilities related to international trade with Mexico; and (3) international coordination of transportation planning, programming, and border operations with Mexico. (b) Allocation of authorized funds Of amounts authorized to be appropriated pursuant to subsection (a), not more than 30 percent may be set aside for projects 50 miles from the United States-Mexico border. 8. Increase in number of Customs and Border Protection officers on the southwest border of the United States (a) Customs and Border Protection officers During fiscal year 2014, the Secretary of Homeland Security shall increase by not fewer than 500 the total number of full-time, active-duty Customs and Border Protection officers within United States Customs and Border Protection for posting at United States ports of entry along the southern border above the number of such officers for which funds were made available during fiscal year 2013. (b) Agriculture specialists During fiscal year 2014, the Secretary of Homeland Security shall increase by not fewer than 30 the number of full-time Customs and Border Protection agriculture specialists for United States ports of entry along the southern border above the number of such agriculture specialists for which funds were made available during fiscal year 2013. (c) Border security support personnel During fiscal year 2014, the Secretary of Homeland Security shall increase by not fewer than 10 the number of full-time border security support personnel for United States ports of entry along the southern border above the number of such support personnel for which funds were made available during fiscal year 2013. (d) Priority In making personnel additions described in subsections (a), (b), and (c), the Commissioner of Customs and Border Protection shall give priority to the Tucson Sector. 9. Southwest border strategy for security and prosperity (a) Requirement for strategy The Secretary of Homeland Security, in consultation with the heads of other appropriate Federal departments and agencies, shall develop and annually update a Southwest Border Strategy for Security and Prosperity that describes actions to be carried out to facilitate trade and maintain operational control over all land ports of entry into the United States along the southern border. (b) Content The Southwest Border Strategy for Security and Prosperity described in subsection (a) shall include the following: (1) An assessment of staffing needs for all land ports of entry into the United States along the southern border. (2) An assessment of infrastructure needs for all land ports of entry into the United States along the southern border. (3) An assessment of the traffic patterns of commercial and passenger vehicles entering and exiting the United States at land ports of entry along the southern border. (4) An assessment of the negative economic impact, if any, on the United States due to wait times at land ports of entry along the southern border. (5) A description of ways to ensure that the free flow of legitimate travel and commerce is not diminished by efforts, activities, or programs aimed at securing the international land ports of entry along the United States-Mexico border. (6) A schedule for the implementation of the security measures described in such Strategy, including realistic deadlines for addressing staffing and infrastructure needs identified in paragraphs (1) and (2), an estimate of the resources needed to carry out such measures, and a description of how such resources should be allocated. (c) Consultation In developing the Southwest Border Strategy for Security and Prosperity under this section, the Secretary of Homeland Security shall also consult with representatives of— (1) State, local, and tribal authorities from Arizona, California, New Mexico, and Texas; and (2) appropriate private sector entities, nongovernmental organizations, and affected communities that have expertise in areas related to border management and international trade across southern ports of entry. (d) Submission to Congress (1) Strategy Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security shall submit to Congress the Southwest Border Strategy for Security and Prosperity. (2) Updates In addition to the timeline for submissions of the Southwest Border Strategy for Security and Prosperity described in paragraph (1), the Secretary of Homeland Security shall submit to Congress any change of such Strategy that the Secretary determines is necessary, not later than 30 days after such determination. 10. Border technology and innovation There are authorized to be appropriated to the Department of Homeland Security $200,000,000 for fiscal year 2014 solely for integrated fixed towers, remote video cameras, hand-held devices, mobile systems, and other technologies in Arizona. 11. Border small business revitalization grants (a) Grant program The Administrator of the Small Business Administration shall establish a program under which grants may be provided to develop and revitalize small businesses located along the United States-Mexico border. (b) Applications and conditions In conducting the grant program described in subsection (a), the Administrator— (1) shall establish a notification and application procedure; and (2) may establish such conditions, and require such assurances, as may be appropriate to ensure the efficiency and integrity of such grant program. (c) Sunset The grant program described in subsection (a) shall terminate on the date that is five years after the date of the enactment of this Act. (d) Limitation (1) In general The sum for all fiscal years of the amounts awarded as grants under this section may not exceed $100,000,000. (2) Requirement To be eligible for a grant under this section, a small business shall be located within 10 miles of the United States-Mexico border. 12. Federal contracting requirements (a) In general (1) Local subcontractor Except as provided in paragraphs (2) and (3), the head of an Executive agency may not award a contract unless 30 percent of the labor for the performance of the contract (or any subcontract (at any tier) under the contract) is performed by a local subcontractor. (2) State subcontractor Notwithstanding paragraph (1) and except as provided in paragraph (3), if the head of an Executive agency determines that the requirement of paragraph (1) is not practicable, such head may award a contract if 30 percent of the labor for the performance of the contract (or any subcontract (at any tier) under the contract) is performed by a State subcontractor. (3) Waiver of requirement Notwithstanding paragraphs (1) and (2), if the head of an Executive agency determines that the requirements of paragraphs (1) and (2) are not practicable, such head may award a contract without meeting such requirements. (b) Definitions In this section: (1) Executive agency The term Executive agency has the meaning given that term in section 133 of title 41, United States Code. (2) Local subcontractor The term local subcontractor means, with respect to a contract, a subcontractor who has a principal place of business or regularly conducts operations in the area in which work is to be performed under the contract by the subcontractor. (3) State The term State means each of the several States, the District of Columbia, each territory or possession of the United States, and each federally recognized Indian tribe. (4) State subcontractor The term State subcontractor means, with respect to a contract, a subcontractor who has a principal place of business or regularly conducts operations in the State in which work is to be performed under the contract by the subcontractor. (c) Applicability The requirements under this section shall apply to agreements entered into on or after the date of the enactment of this Act.

https://www.govinfo.gov/content/pkg/BILLS-113hr548ih/xml/BILLS-113hr548ih.xml

113-hr-549

I 113th CONGRESS 1st Session H. R. 549 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Grimm (for himself, Mr. Pascrell , Mr. Rooney , and Mr. Deutch ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for the creation of policyholder disaster protection funds, Catastrophe Savings Accounts, and tax credits for natural disaster mitigation expenditures. 1. Short title This Act may be cited as the Homeowner Catastrophe Protection Act of 2013 . I Policyholder Disaster Protection Funds 101. Findings The Congress makes the following findings: (1) Rising costs resulting from natural disasters are placing an increasing strain on the ability of property and casualty insurance companies to assure payment of homeowners’ claims and other insurance claims arising from major natural disasters now and in the future. (2) Present tax laws do not provide adequate incentives to assure that natural disaster insurance is provided or, where such insurance is provided, that funds are available for payment of insurance claims in the event of future catastrophic losses from major natural disasters, as present law requires an insurer wishing to accumulate surplus assets for this purpose to do so entirely from its after-tax retained earnings. (3) Revising the tax laws applicable to the property and casualty insurance industry to permit carefully controlled accumulation of pretax dollars in separate reserve funds devoted solely to the payment of claims arising from future major natural disasters will provide incentives for property and casualty insurers to make natural disaster insurance available, will give greater protection to the Nation’s homeowners, small businesses, and other insurance consumers, and will help assure the future financial health of the Nation’s insurance system as a whole. (4) Implementing these changes will reduce the possibility that a significant portion of the private insurance system would fail in the wake of a major natural disaster and that governmental entities would be required to step in to provide relief at taxpayer expense. 3. Creation of policyholder disaster protection funds; contributions to and distributions from funds; other rules (a) Contributions to policyholder disaster protection funds Subsection (c) of section 832 of the Internal Revenue Code of 1986 (relating to the taxable income of insurance companies other than life insurance companies) is amended by striking and at the end of paragraph (12), by striking the period at the end of paragraph (13) and inserting ; and , and by adding at the end the following new paragraph: (14) the qualified contributions to a policyholder disaster protection fund during the taxable year. . (b) Distributions from policyholder disaster protection funds Paragraph (1) of section 832(b) of such Code is amended by striking and at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting , and , and by adding at the end the following new subparagraph: (F) the amount of any distributions from a policyholder disaster protection fund during the taxable year, except that a distribution made to return to the qualified insurance company any contribution which is not a qualified contribution (as defined in subsection (h)) for a taxable year shall not be included in gross income if such distribution is made prior to the filing of the tax return for such taxable year. . (c) Definitions and other rules relating to policyholder disaster protection funds Section 832 of such Code (relating to insurance company taxable income) is amended by adding at the end the following new subsection: (h) Definitions and other rules relating to policyholder disaster protection funds For purposes of this section— (1) Policyholder disaster protection fund The term policyholder disaster protection fund (hereafter in this subsection referred to as the fund ) means any custodial account, trust, or any other arrangement or account— (A) which is established to hold assets that are set aside solely for the payment of qualified losses, and (B) under the terms of which— (i) the assets in the fund are required to be invested in a manner consistent with the investment requirements applicable to the qualified insurance company under the laws of its jurisdiction of domicile, (ii) the net income for the taxable year derived from the assets in the fund is required to be distributed no less frequently than annually, (iii) an excess balance drawdown amount is required to be distributed to the qualified insurance company no later than the close of the taxable year following the taxable year for which such amount is determined, (iv) a catastrophe drawdown amount may be distributed to the qualified insurance company if distributed prior to the close of the taxable year following the year for which such amount is determined, (v) a State required drawdown amount may be distributed, and (vi) no distributions from the fund are required or permitted other than the distributions described in clauses (ii) through (v) and the return to the qualified insurance company of contributions that are not qualified contributions. (2) Qualified insurance company The term qualified insurance company means any insurance company subject to tax under section 831(a). (3) Qualified contribution The term qualified contribution means a contribution to a fund for a taxable year to the extent that the amount of such contribution, when added to the previous contributions to the fund for such taxable year, does not exceed the excess of— (A) the fund cap for the taxable year, over (B) the fund balance determined as of the close of the preceding taxable year. (4) Excess balance drawdown amounts The term excess balance drawdown amount means the excess (if any) of— (A) the fund balance as of the close of the taxable year, over (B) the fund cap for the following taxable year. (5) Catastrophe drawdown amount (A) In general The term catastrophe drawdown amount means an amount that does not exceed the lesser of the amount determined under subparagraph (B) or (C). (B) Net losses from qualifying events The amount determined under this subparagraph shall be equal to the qualified losses for the taxable year determined without regard to clause (ii) of paragraph (8)(A). (C) Gross losses in excess of threshold The amount determined under this subparagraph shall be equal to the excess (if any) of— (i) the qualified losses for the taxable year, over (ii) the lesser of— (I) the fund cap for the taxable year (determined without regard to paragraph (9)(E)), or (II) 30 percent of the qualified insurance company’s surplus as regards policyholders as shown on the company’s annual statement for the calendar year preceding the taxable year. (D) Special drawdown amount following a recent catastrophe loss year If for any taxable year included in the reference period the qualified losses exceed the amount determined under subparagraph (C)(ii), the catastrophe drawdown amount shall be an amount that does not exceed the lesser of the amount determined under subparagraph (B) or the amount determined under this subparagraph. The amount determined under this subparagraph shall be an amount equal to the excess (if any) of— (i) the qualified losses for the taxable year, over (ii) the lesser of— (I) 1/3 of the fund cap for the taxable year (determined without regard to paragraph (9)(E)), or (II) 10 percent of the qualified insurance company’s surplus as regards policyholders as shown on the company’s annual statement for the calendar year preceding the taxable year. (E) Reference period For purposes of subparagraph (D), the reference period shall be determined under the following table: For a taxable year The reference period  beginning in— shall be—  2015 and later    The 3 preceding taxable years.  2014    The 2 preceding taxable years.  2013     The preceding taxable year.  2012 or before     No reference period applies. (6) State required drawdown amount The term State required drawdown amount means any amount that the department of insurance for the qualified insurance company’s jurisdiction of domicile requires to be distributed from the fund, to the extent such amount is not otherwise described in paragraph (4) or (5). (7) Fund balance The term fund balance means— (A) the sum of all qualified contributions to the fund, (B) less any net investment loss of the fund for any taxable year or years, and (C) less the sum of all distributions under clauses (iii) through (v) of paragraph (1)(B). (8) Qualified losses (A) In general The term qualified losses means, with respect to a taxable year— (i) the amount of losses and loss adjustment expenses incurred in the qualified lines of business specified in paragraph (9), net of reinsurance, as reported in the qualified insurance company’s annual statement for the taxable year, that are attributable to one or more qualifying events (regardless of when such qualifying events occurred), (ii) the amount by which such losses and loss adjustment expenses attributable to such qualifying events have been reduced for reinsurance received and recoverable, plus (iii) any nonrecoverable assessments, surcharges, or other liabilities that are borne by the qualified insurance company and are attributable to such qualifying events. (B) Qualifying event For purposes of subparagraph (A), the term qualifying event means any event that satisfies clauses (i) and (ii). (i) Event An event satisfies this clause if the event is 1 or more of the following: (I) Windstorm (hurricane, cyclone, or tornado). (II) Earthquake (including any fire following). (III) Winter catastrophe (snow, ice, or freezing). (IV) Fire. (V) Tsunami. (VI) Flood. (VII) Volcanic eruption. (VIII) Hail. (ii) Catastrophe designation An event satisfies this clause if the event— (I) is designated a catastrophe by Property Claim Services or its successor organization, (II) is declared by the President to be an emergency or disaster, or (III) is declared to be an emergency or disaster in a similar declaration by the chief executive official of a State, possession, or territory of the United States, or the District of Columbia. (9) Fund cap (A) In general The term fund cap for a taxable year is the sum of the separate lines of business caps for each of the qualified lines of business specified in the table contained in subparagraph (C) (as modified under subparagraphs (D) and (E)). (B) Separate lines of business cap For purposes of subparagraph (A), the separate lines of business cap, with respect to a qualified line of business specified in the table contained in subparagraph (C), is the product of— (i) net written premiums reported in the annual statement for the calendar year preceding the taxable year in such line of business, multiplied by (ii) the fund cap multiplier applicable to such qualified line of business. (C) Qualified lines of business and their respective fund cap multipliers For purposes of this paragraph, the qualified lines of business and fund cap multipliers specified in this subparagraph are those specified in the following table: Line of Business on Annual Fund Cap  Statement Blank: Multiplier: Fire 0.25 Allied 1.25 Farmowners Multiple Peril 0.25 Homeowners Multiple Peril 0.75 Commercial Multi Peril (non-liability portion) 0.50 Earthquake 13.00 Inland Marine 0.25. (D) Subsequent modifications of the annual statement blank If, with respect to any taxable year beginning after the effective date of this subsection, the annual statement blank required to be filed is amended to replace, combine, or otherwise modify any of the qualified lines of business specified in subparagraph (C), then for such taxable year subparagraph (C) shall be applied in a manner such that the fund cap shall be the same amount as if such reporting modification had not been made. (E) 20-year phase-in Notwithstanding subparagraph (C), the fund cap for a taxable year shall be the amount determined under subparagraph (C), as adjusted pursuant to subparagraph (D) (if applicable), multiplied by the phase-in percentage indicated in the following table: Taxable year beginning in: Phase-in percentage to be applied to fund cap computed under subparagraphs (A) and (B): 2012 5 percent 2013 10 percent 2014 15 percent 2015 20 percent 2016 25 percent 2017 30 percent 2018 35 percent 2019 40 percent 2020 45 percent 2021 50 percent 2022 55 percent 2023 60 percent 2024 65 percent 2025 70 percent 2026 75 percent 2027 80 percent 2028 85 percent 2029 90 percent 2030 95 percent 2031 and later 100 percent. (10) Treatment of investment income and gain or loss (A) Contributions in kind A transfer of property other than money to a fund shall be treated as a sale or exchange of such property for an amount equal to its fair market value as of the date of transfer, and appropriate adjustment shall be made to the basis of such property. Section 267 shall apply to any loss realized upon such a transfer. (B) Distributions in kind A transfer of property other than money by a fund to the qualified insurance company shall not be treated as a sale or exchange or other disposition of such property. The basis of such property immediately after such transfer shall be the greater of the basis of such property immediately before such transfer or the fair market value of such property on the date of such transfer. (C) Income with respect to fund assets Items of income of the type described in paragraphs (1)(B), (1)(C), and (2) of subsection (b) that are derived from the assets held in a fund, as well as losses from the sale or other disposition of such assets, shall be considered items of income, gain, or loss of the qualified insurance company. Notwithstanding paragraph (1)(F) of subsection (b), distributions of net income to the qualified insurance company pursuant to paragraph (1)(B)(ii) of this subsection shall not cause such income to be taken into account a second time. (11) Net income; net investment loss For purposes of paragraph (1)(B)(ii), the net income derived from the assets in the fund for the taxable year shall be the items of income and gain for the taxable year, less the items of loss for the taxable year, derived from such assets, as described in paragraph (10)(C). For purposes of paragraph (7), there is a net investment loss for the taxable year to the extent that the items of loss described in the preceding sentence exceed the items of income and gain described in the preceding sentence. (12) Annual statement For purposes of this subsection, the term annual statement shall have the meaning set forth in section 846(f)(3). (13) Exclusion of premiums and losses on certain puerto rican risks Notwithstanding any other provision of this subsection, premiums and losses with respect to risks covered by a catastrophe reserve established under the laws or regulations of the Commonwealth of Puerto Rico shall not be taken into account under this subsection in determining the amount of the fund cap or the amount of qualified losses. (14) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this subsection, including regulations— (A) which govern the application of this subsection to a qualified insurance company having a taxable year other than the calendar year or a taxable year less than 12 months, (B) which govern a fund maintained by a qualified insurance company that ceases to be subject to this part, and (C) which govern the application of paragraph (9)(D). . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. II Catastrophe Savings Accounts 201. Catastrophe Savings Accounts (a) In general Subchapter F of chapter 1 of the Internal Revenue Code of 1986 (relating to exempt organizations) is amended by adding at the end the following new part: IX Catastrophe Savings Accounts 530A. Catastrophe Savings Accounts (a) General rule A Catastrophe Savings Account shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations). (b) Catastrophe Savings Account For purposes of this section, the term Catastrophe Savings Account means a trust created or organized in the United States for the exclusive benefit of an individual or his beneficiaries and which is designated (in such manner as the Secretary shall prescribe) at the time of the establishment of the trust as a Catastrophe Savings Account, but only if the written governing instrument creating the trust meets the following requirements: (1) Except in the case of a qualified rollover contribution— (A) no contribution will be accepted unless it is in cash, and (B) contributions will not be accepted in excess of the account balance limit specified in subsection (c). (2) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. (3) The interest of an individual in the balance of his account is nonforfeitable. (4) The assets of the trust shall not be commingled with other property except in a common trust fund or common investment fund. (c) Account balance limit The aggregate account balance for all Catastrophe Savings Accounts maintained for the benefit of an individual (including qualified rollover contributions) shall not exceed— (1) in the case of an individual whose qualified deductible is not more than $1,000, $2,000, and (2) in the case of an individual whose qualified deductible is more than $1,000, the amount equal to the lesser of— (A) $15,000, or (B) twice the amount of the individual’s qualified deductible. (d) Definitions For purposes of this section— (1) Qualified catastrophe expenses The term qualified catastrophe expenses means expenses paid or incurred by reason of a major disaster that has been declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. (2) Qualified deductible With respect to an individual, the term qualified deductible means the annual deductible for the individual’s homeowners’ insurance policy. (3) Qualified rollover contribution The term qualified rollover contribution means a contribution to a Catastrophe Savings Account— (A) from another such account of the same beneficiary, but only if such amount is contributed not later than the 60th day after the distribution from such other account, and (B) from a Catastrophe Savings Account of a spouse of the beneficiary of the account to which the contribution is made, but only if such amount is contributed not later than the 60th day after the distribution from such other account. (e) Tax treatment of distributions (1) In general Any distribution from a Catastrophe Savings Account shall be includible in the gross income of the distributee in the manner as provided in section 72. (2) Distributions for qualified catastrophe expenses (A) In general No amount shall be includible in gross income under paragraph (1) if the qualified catastrophe expenses of the distributee during the taxable year are not less than the aggregate distributions during the taxable year. (B) Distributions in excess of expenses If such aggregate distributions exceed such expenses during the taxable year, the amount otherwise includible in gross income under paragraph (1) shall be reduced by the amount which bears the same ratio to the amount which would be includible in gross income under paragraph (1) (without regard to this subparagraph) as the qualified catastrophe expenses bear to such aggregate distributions. (3) Additional tax for distributions not used for qualified catastrophe expenses The tax imposed by this chapter for any taxable year on any taxpayer who receives a payment or distribution from a Catastrophe Savings Account which is includible in gross income shall be increased by 10 percent of the amount which is so includible. (4) Retirement distributions No amount shall be includible in gross income under paragraph (1) (or subject to an additional tax under paragraph (3)) if the payment or distribution is made on or after the date on which the distributee attains age 62. (f) Tax treatment of accounts Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to any Catastrophe Savings Account. . (b) Tax on excess contributions (1) In general Subsection (a) of section 4973 of the Internal Revenue Code of 1986 (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended by striking or at the end of paragraph (4), by inserting or at the end of paragraph (5), and by inserting after paragraph (5) the following new paragraph: (6) a Catastrophe Savings Account (as defined in section 530A), . (2) Excess contribution Section 4973 of such Code is amended by adding at the end the following new subsection: (h) Excess contributions to Catastrophe Savings Accounts For purposes of this section, in the case of Catastrophe Savings Accounts (within the meaning of section 530A), the term excess contributions means the amount by which the aggregate account balance for all Catastrophe Savings Accounts maintained for the benefit of an individual exceeds the account balance limit defined in section 530A(c)(1). . (c) Conforming amendment The table of parts for subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: Part IX. Catastrophe Savings Accounts . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. III Tax credit for natural disaster mitigation property 301. Nonrefundable personal credit for natural disaster mitigation property (a) In general Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 25D the following new section: 25E. Natural disaster mitigation property (a) Allowance of credit In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 25 percent of the qualified natural disaster mitigation property expenditures made by the taxpayer during such taxable year in connection with a qualified principal residence of the taxpayer. (b) Maximum credit The credit allowed under subsection (a) with respect to any principal residence of the taxpayer for any taxable year shall not exceed the excess of— (1) $5,000 (half such amount in the case of a married individual filing a separate return), over (2) the aggregate amounts allowed as a credit under this section to the taxpayer (or the taxpayer’s spouse) with respect to such residence for all prior taxable years. (c) 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 shall not exceed the excess of— (1) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over (2) the sum of the credits allowable under this subpart (other than this section and sections 23, 24, and 25B) and section 27 for the taxable year. (d) Qualified natural disaster mitigation property expenditure For purposes of this section, the term qualified natural disaster mitigation property expenditure means an expenditure for— (1) property to improve the strength of a roof deck attachment, (2) property to create a secondary water barrier to prevent water intrusion, (3) property to improve the durability of a roof covering, (4) property to brace gable-end walls, (5) property to reinforce the connection between a roof and supporting wall, (6) property to protect openings from penetration by windborne debris, (7) property to protect exterior doors and garages, (8) property to improve the natural resiliency of the property, including the restoration, establishment, or enhancement of aquatic resources (having the meanings given such terms by part 332 of title 33 of the Code of Federal Regulations), as prescribed by the Secretary after consultation with the Administrator of the Environmental Protection Agency and the Assistant Secretary of the Army for Civil Works, (9) seismic retrofitting, including property to increase resistance to seismic activity, ground motion, or soil failure due to earthquakes, or (10) such other measures to mitigate natural disaster damage to homes, as prescribed by the Secretary after consultation with the Administrator of the Federal Emergency Management Agency and, to the extent applicable, in accordance with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note; Public Law 104–113 ). (e) Qualified principal residence For purposes of this section, the term qualified principal residence means the principal residence of the taxpayer (within the meaning of section 121) if such residence— (1) is assessed by the locality in which it is located at a value which does not exceed 300 percent of the national median home price (determined as of the close of the taxable year for which the credit determined under this section is allowed), and (2) is not severe repetitive loss property (as defined in section 1361A of the National Flood Insurance Act ( 42 U.S.C. 4102a(b) )). (f) Rules related to inspections and labor costs For purposes of this section— (1) Inspection requirement An expenditure shall be taken into account in determining the qualified natural disaster mitigation property expenditures made by the taxpayer during the taxable year only if the installation of the property with respect to which such expenditure is made has been completed in a manner that is deemed to be adequate by an inspector that is licensed or certified by the State or other governmental authority, or its designee, having jurisdiction over inspectors in the area where the installed property is located. (2) Labor and inspection costs For purposes of this section, expenditures for labor costs properly allocable to the onsite preparation, assembly, or original installation of the property described in subsection (d) (including the cost of inspections referred to in paragraph (1)) shall be taken into account in determining the qualified natural disaster mitigation property expenditures made by the taxpayer during the taxable year. (g) Basis adjustment For purposes of this section, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed. . (b) Conforming amendment The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 25D the following new item: Sec. 25E. Natural disaster mitigation property. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013.

https://www.govinfo.gov/content/pkg/BILLS-113hr549ih/xml/BILLS-113hr549ih.xml

113-hr-550

I 113th CONGRESS 1st Session H. R. 550 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Harper (for himself and Mr. Matheson ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the renewable fuel program under section 211(o) of the Clean Air Act to require the cellulosic biofuel requirement to be based on actual production. 1. Short title This Act may be cited as the Phantom Fuel Reform Act of 2013 . 2. Cellulosic biofuel requirement based on actual production (a) Provision of estimate of volumes of cellulosic biofuel Section 211(o)(3)(A) of the Clean Air Act ( 42 U.S.C. 7545(o)(3)(A) ) is amended— (1) by inserting (i) before Not later than ; and (2) by adding at the end the following new clause: (ii) (I) In determining any estimate under clause (i), with respect to the following calendar year, of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), the Administrator of the Energy Information Administration shall— (aa) for each cellulosic biofuel production facility that is producing (and continues to produce) cellulosic biofuel during the period of January 1 through October 31 of the calendar year in which the estimate is made (in this clause referred to as the current calendar year )— (AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during such period; and (BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year; and (bb) for each cellulosic biofuel production facility that begins initial production of (and continues to produce) cellulosic biofuel after January 1 of the current calendar year— (AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during the period beginning on the date of initial production of cellulosic biofuel by the facility and ending on October 31 of the current calendar year; and (BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year. (II) An estimate under clause (i) with respect to the following calendar year of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), shall be equal to the total of the estimated annual volumes of cellulosic biofuel production for all cellulosic biofuel production facilities described in subclause (I) for the current calendar year. . (b) Reduction in applicable volume Section 211(o)(7)(D)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(7)(D)(i) ) is amended by— (1) striking based on the and inserting using the exact ; (2) striking may and inserting shall ; and (3) striking by the same or a lesser volume and inserting by the same volume .

https://www.govinfo.gov/content/pkg/BILLS-113hr550ih/xml/BILLS-113hr550ih.xml

113-hr-551

I 113th CONGRESS 1st Session H. R. 551 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Hinojosa (for himself and Mr. Fattah ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the Secretary of Education to make grants to support early college high schools and other dual enrollment programs. 1. Short title This Act may be cited as the Fast Track to College Act of 2013 . 2. Purpose The purpose of this Act is to increase secondary school graduation rates and the percentage of students who complete a recognized postsecondary credential by the age of 26, including among low-income students and students from other populations underrepresented in higher education. 3. Definitions For purposes of this Act: (1) Dual enrollment program The term dual enrollment program means an academic program through which a secondary school student is able simultaneously to earn credit toward a secondary school diploma and a postsecondary degree or credential. (2) Early college high school The term early college high school means a secondary school that provides a course of study that enables a student to earn a secondary school diploma and either an associate’s degree or one to two years of postsecondary credit toward a postsecondary degree or credential. (3) Educational service agency The term educational service agency has the meaning given such term in section 9101(17) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(17) ). (4) Eligible entity The term eligible entity means a local educational agency, which may be an educational service agency, in a collaborative partnership with an institution of higher education. Such partnership also may include other entities, such as a nonprofit organization with experience in youth development. (5) Institution of higher education The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (6) Local educational agency The term local educational agency has the meaning given such term in section 9101(26) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801(26) ). (7) Secretary The term Secretary means the Secretary of Education. (8) Low-income student The term low-income student means a student described in section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6313(a)(5)). 4. Authorization of appropriations; reservations (a) In general To carry out this Act, there are authorized to be appropriated $150,000,000 for fiscal year 2014 and such sums as may be necessary for each of fiscal years 2015 through 2019. (b) Early college high schools The Secretary shall reserve not less than 45 percent of the funds appropriated under subsection (a) to support early college high schools under section 5. (c) Dual enrollment programs The Secretary shall reserve not less than 45 percent of such funds to support dual enrollment programs (other than early college high schools) under section 5. (d) State grants The Secretary shall reserve 10 percent of such funds, or $10,000,000, whichever is less, for grants to States under section 9. 5. Authorized program (a) In general The Secretary is authorized to award 6-year grants to eligible entities seeking to establish a new, or support an existing, early college high school or other dual enrollment program in accordance with section 6. (b) Grant amount The Secretary shall ensure that grants are of sufficient size to enable grantees to carry out all required activities and otherwise meet the purposes of this Act, except that a grant under this section may not exceed $2,000,000. (c) Matching requirement (1) In general An eligible entity shall contribute matching funds toward the costs of the early college high school or other dual enrollment program to be supported under this section, of which not less than half shall be from non-Federal sources, which funds shall represent not less than the following: (A) Twenty percent of the grant amount received in each of the first and second years of the grant. (B) Thirty percent in each of the third and fourth years. (C) Forty percent in the fifth year. (D) Fifty percent in the sixth year. (2) Determination of amount contributed The Secretary shall allow an eligible entity to satisfy the requirement of this subsection through in-kind contributions. (d) Supplement, not supplant An eligible entity shall use a grant received under this section only to supplement funds that would, in the absence of such grant, be made available from non-Federal funds for support of the activities described in the eligible entity’s application under section 7, and not to supplant such funds. (e) Priority In awarding grants under this section, the Secretary shall give priority to applicants— (1) that propose to establish or support an early college high school or other dual enrollment program that will serve a student population of which 40 percent or more are students counted under section 1113(a)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6313(a)(5) ); and (2) from States that provide assistance to early college high schools or other dual enrollment programs, such as assistance to defray the costs of higher education (including costs of tuition, fees, and textbooks). (f) Geographic distribution The Secretary shall, to the maximum extent practicable, ensure that grantees are from a representative cross-section of urban, suburban, and rural areas. 6. Uses of funds (a) Mandatory activities An eligible entity shall use grant funds received under section 5 to support the activities described in its application under section 7, including the following: (1) Planning year In the case of a new early college high school or dual enrollment program, during the first year of the grant— (A) hiring a principal and staff, as appropriate; (B) designing the curriculum and sequence of courses in collaboration with (at a minimum) teachers from the local educational agency and faculty from the partner institution of higher education; (C) informing parents and the community about the school or program and opportunities to become actively involved in the school or program; (D) establishing a course articulation process for defining and approving courses for secondary school and postsecondary credit or credential; (E) outreach programs to ensure that secondary school students and their families are aware of the early college high school or dual enrollment program; (F) liaison activities among partners in the eligible entity; and (G) coordinating secondary and postsecondary support services, academic calendars, and transportation. (2) Implementation period During the remainder of the grant period— (A) academic and social support services, including counseling; (B) liaison activities among partners in the eligible entity; (C) data collection and use of such data for student and instructional improvement and program evaluation; (D) outreach programs to ensure that secondary school students and their families are aware of the early college high school or dual enrollment program; (E) professional development, including joint professional development for secondary school and faculty from the institution of higher education; and (F) school or program design and planning team activities, including curriculum development. (b) Allowable activities An eligible entity may also use grant funds received under section 5 otherwise to support the activities described in its application under section 7, including— (1) purchasing textbooks and equipment that support the school or program’s curriculum; (2) developing learning opportunities for students that complement classroom experiences, such as internships, career-based capstone projects, and opportunities provided under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11 et seq. ); (3) transportation; and (4) planning time for secondary school and educators from an institution of higher education to collaborate. 7. Application (a) In general To receive a grant under section 5, an eligible entity shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary determines to be appropriate. (b) Contents of application At a minimum, the application described in subsection (a) shall include a description of— (1) the early college high school’s or other dual enrollment program’s budget; (2) each partner in the eligible entity and its experience with early college high schools or other dual enrollment programs, key personnel from each partner and their responsibilities for the early college high school or dual enrollment program, and how the eligible entity will work with secondary and postsecondary teachers, other public and private entities, community-based organizations, businesses, labor organizations, and parents to ensure that students will be prepared to succeed in postsecondary education and employment, which may include the development of an advisory board; (3) how the eligible entity will target and recruit at-risk youth, including those at risk of dropping out of school, first generation college students, and students from populations described in section 1111(b)(2)(C)(v)(II) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(v)(II)); (4) a system of student supports including, but not limited to, small group activities, tutoring, literacy and numeracy skill development in all academic disciplines, parental and community outreach and engagement, extended learning time, and college readiness activities, such as early college academic seminars and counseling; (5) in the case of an early college high school, how a graduation and career plan will be developed, consistent with State graduation requirements, for each student and reviewed each semester; (6) how parents or guardians of students in the early college high school or dually enrolled students will be informed of their academic performance and progress and, subject to paragraph (5), involved in the development of their career and graduation plan; (7) coordination that will occur between the institution of higher education and the local educational agency, including regarding academic calendars, provision of student services, curriculum development, and professional development; (8) how the eligible entity will ensure that teachers in the early college high school or other dual enrollment program receive appropriate professional development and other supports, including to enable them to utilize effective parent and community engagement strategies, and help English-language learners, students with disabilities, and students from diverse cultural backgrounds to succeed; (9) learning opportunities for students that complement classroom experiences, such as internships, career-based capstone projects, and opportunities provided under chapters 1 and 2 of subpart 2 of part A of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070a–11 et seq.); (10) how policies, agreements, and courses taken will ensure that postsecondary credits earned will be transferable to, at a minimum, public institutions of higher education within the State, consistent with existing statewide articulation agreements; (11) student assessments and other measurements of student achievement including benchmarks for student achievement; (12) outreach programs to provide elementary and secondary school students, especially those in middle grades, and their parents, teachers, school counselors, and principals information about and academic preparation for the early college high school or other dual enrollment program; (13) how the local educational agency and institution of higher education will work together, as appropriate, to collect and use data for student and instructional improvement and program evaluation; (14) how the eligible entity will help students meet eligibility criteria for postsecondary courses and ensure that students understand how their credits will transfer; and (15) how the eligible entity will access and leverage additional resources necessary to sustain the early college high school or other dual enrollment program after the grant expires, including by engaging businesses and non-profit organizations. (c) Assurances An eligible entity’s application under subsection (a) shall include assurances that— (1) in the case of an early college high school, the majority of courses offered, including postsecondary courses, will be offered at facilities of the institution of higher education; (2) students will not be required to pay tuition or fees for postsecondary courses; (3) postsecondary credits earned will be transcribed upon completion of the requisite course work; and (4) faculty teaching postsecondary courses meet the normal standards for faculty established by the institution of higher education. (d) Waiver The Secretary may waive the requirement of subsection (c)(1) upon a showing that it is impractical to apply due to geographic considerations. 8. Peer review (a) Peer review of applications The Secretary shall establish peer review panels to review applications submitted pursuant to section 7 to advise the Secretary regarding such applications. (b) Composition of peer review panels The Secretary shall ensure that each peer review panel is not comprised wholly of full-time officers or employees of the Federal Government and includes, at a minimum— (1) experts in the establishment and administration of early college high schools or other dual enrollment programs from the secondary and postsecondary perspective; (2) faculty at institutions of higher education and secondary school teachers with expertise in dual enrollment; and (3) experts in the education of at-risk students. 9. Grants to States (a) In general The Secretary is authorized to award 5-year grants to State agencies responsible for secondary or postsecondary education for efforts to support or establish early college high schools or other dual enrollment programs. (b) Grant amount The Secretary shall ensure that grants are of sufficient size to enable grantees to carry out all required activities. (c) Matching requirement A State shall contribute matching funds from non-Federal sources toward the costs of carrying out activities under this section, which funds shall represent not less than 50 percent of the grant amount. (d) Priority In awarding grants under this section, the Secretary shall give priority to States that provide assistance to early college high schools or other dual enrollment programs, such as assistance to defray the costs of higher education, such as tuition, fees, and textbooks. (e) Application To receive a grant under this section, a State agency shall submit to the Secretary an application at such time, in such manner, and including such information as the Secretary determines to be appropriate. (f) Contents of application At a minimum, the application described in subsection (e) shall include— (1) how the State will carry out all of the required State activities described in subsection (g); (2) how the State will identify and eliminate barriers to implementing effective early college high schools and dual enrollment programs after the grant expires, including by engaging businesses and non-profit organizations; (3) how the State will access and leverage additional resources necessary to sustain early college high schools or other dual enrollment programs; and (4) such other information as the Secretary determines to be appropriate. (g) State activities A State receiving a grant under this section shall use such funds for— (1) creating outreach programs to ensure that secondary school students, their families, and community members are aware of early college high schools and dual enrollment programs in the State; (2) planning and implementing a statewide strategy for expanding access to early college high schools and dual enrollment programs for students who are underrepresented in higher education to raise statewide rates of secondary school graduation, readiness for postsecondary education, and completion of postsecondary degrees and credentials, with a focus on at-risk students, including identifying any obstacles to such a strategy under State law or policy; (3) providing technical assistance to early college high schools and other dual enrollment programs, such as brokering relationships and agreements that forge a strong partnership between elementary and secondary and postsecondary partners; (4) identifying policies that will improve the effectiveness and ensure the quality of early college high schools and dual enrollment programs, such as access, funding, data and quality assurance, governance, accountability and alignment policies; (5) planning and delivering statewide training and peer learning opportunities for school leaders and teachers from early college high schools and dual enrollment programs, which may include providing instructional coaches who offer on-site guidance; (6) disseminating best practices in early college high schools and dual enrollment programs from across the State and from other States; and (7) facilitating statewide data collection, research and evaluation, and reporting to policymakers and other stakeholders. 10. Reporting and oversight (a) Reporting by grantees (1) In general The Secretary shall establish uniform guidelines for all grantees concerning information such grantees annually shall report to the Secretary to demonstrate a grantee’s progress toward achieving the goals of this Act. (2) Contents of report At a minimum, the report described in paragraph (1) shall include, for eligible entities receiving funds under section 5, for students participating in the early college high school or other dual enrollment program within each category of students described in section 1111(h)(1)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.6311(h)(1)(C)(i)): (A) The number of students. (B) The percentage of students scoring advanced, proficient, basic, and below basic on the assessments described in section 1111(b)(3) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(3) ). (C) The performance of students on other assessments or measurements of achievement. (D) The number of secondary school credits earned. (E) The number of postsecondary credits earned. (F) Attendance rate, as appropriate. (G) Graduation rate. (H) Placement in postsecondary education or advanced training, in military service, and in employment. (I) A description of the school or program’s student, parent, and community outreach and engagement. (b) Reporting by Secretary The Secretary annually shall compile and analyze the information described in subsection (a) and shall submit a report containing such analysis to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives. The report shall include identification of best practices for achieving the goals of this Act. (c) Monitoring visits The Secretary’s designee shall visit each grantee at least once for the purpose of helping the grantee achieve the goals of this Act and to monitor the grantee’s progress toward achieving such goals. (d) National evaluation Not later than 6 months after the date on which funds are appropriated to carry out this Act, the Secretary shall enter into a contract with an independent organization to perform an evaluation of the grants awarded under this Act. Such evaluation shall apply rigorous procedures to obtain valid and reliable data concerning participants’ outcomes by social and academic characteristics and monitor the progress of students from secondary school to and through postsecondary education. (e) Technical assistance The Secretary shall provide technical assistance to eligible entities concerning best practices in early college high schools and dual enrollment programs and shall disseminate such best practices among eligible entities and State and local educational agencies. 11. Rules of construction (a) Employees Nothing in this Act shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to the employees of local educational agencies (including schools) or institutions of higher education under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employees and their employers. (b) Graduation rate A student who graduates from an early college high school supported under this Act in the standard number of years for graduation described in the eligible entity’s application shall be considered to have graduated on time for purposes of section 1111(b)(2)(C)(6) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)(C)(6)).

https://www.govinfo.gov/content/pkg/BILLS-113hr551ih/xml/BILLS-113hr551ih.xml

113-hr-552

I 113th CONGRESS 1st Session H. R. 552 IN THE HOUSE OF REPRESENTATIVES February 6, 2013 Mr. Hinojosa (for himself, Mr. Vela , Mr. Vargas , Mr. Castro of Texas , Mr. Cuellar , Mr. Veasey , Mr. Gallego , Mr. O’Rourke , Ms. Linda T. Sánchez of California , and Ms. Michelle Lujan Grisham of New Mexico ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To require the Secretary of Veterans Affairs to ensure that the South Texas Veterans Affairs Health Care Center in Harlingen, Texas, includes a full-service Department of Veterans Affairs inpatient health care facility. 1. Short title This Act may be cited as the Meeting the Inpatient Health Care Needs of Far South Texas Veterans Act of 2013 . 2. Findings Congress makes the following findings: (1) The current and future health care needs of veterans residing in the Far South Texas area are not being fully met by the Department of Veterans Affairs. (2) The Department of Veterans Affairs estimates that more than 117,000 veterans reside in Far South Texas. (3) In its Capital Asset Realignment for Enhanced Services study, the Department of Veterans Affairs found that fewer than 3 percent of its enrollees in the Valley-Coastal Bend Market of Veterans Integrated Service Network 17 reside within its acute hospital access standards. (4) Travel times for veterans from the market referred to in paragraph (3) can exceed six hours from their residences to the nearest Department of Veterans Affairs hospital for acute inpatient health care. (5) Even with the significant travel times, veterans from Far South Texas demonstrate a high demand for health care services from the Department of Veterans Affairs. (6) Current deployments involving members of the Texas National Guard and other members of the reserve components of the Armed Forces who reside in Texas will continue to increase demand for medical services provided by the Department of Veterans Affairs. 3. Inpatient health care at the South Texas Veterans Affairs Health Care Center (a) In general The Secretary of Veterans Affairs shall ensure that the South Texas Veterans Affairs Health Care Center in Harlingen, Texas, includes a full-service Department of Veterans Affairs inpatient health care facility and, if necessary, shall modify the existing facility to meet this requirement. (b) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report outlining the specific actions the Secretary plans to take to satisfy the requirements in subsection (a), including a detailed estimate of the cost of such actions, if any, and the time necessary for completion of any modification required by such subsection.

https://www.govinfo.gov/content/pkg/BILLS-113hr552ih/xml/BILLS-113hr552ih.xml