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113-hr-653 | I 113th CONGRESS 1st Session H. R. 653 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Al Green of Texas (for himself and Mr. Brady of Pennsylvania ) introduced the following bill; which was referred to the Committee on House Administration A BILL To direct the Election Assistance Commission to carry out a pilot program under which the Commission shall provide funds to local educational agencies for initiatives to provide voter registration information to secondary school students in the 12th grade.
1. Short title This Act may be cited as the Students Voicing Opinions in Today’s Elections (VOTE) Act . 2. Pilot program for providing voter registration information to secondary school students prior to graduation (a) Pilot program The Election Assistance Commission (hereafter in this Act referred to as the Commission ) shall carry out a pilot program under which the Commission shall provide funds during fiscal year 2013 to eligible local educational agencies for initiatives to provide information on registering to vote in elections for public office to secondary school students in the 12th grade. (b) Eligibility A local educational agency is eligible to receive funds under the pilot program under this Act if the agency submits to the Commission, at such time and in such form as the Commission may require, an application containing— (1) a description of the initiatives the agency intends to carry out with the funds; (2) an estimate of the costs associated with such initiatives; and (3) such other information and assurances as the Commission may require. (c) Consultation with election officials A local educational agency receiving funds under the pilot program shall consult with the State and local election officials who are responsible for administering elections for public office in the area served by the agency in developing the initiatives the agency will carry out with the funds. (d) Definitions In this Act, the terms local educational agency and secondary school have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). 3. Reports (a) Reports by recipients of funds Not later than the expiration of the 90-day period which begins on the date of the receipt of the funds, each local educational agency receiving funds under the pilot program under this Act shall submit a report to the Commission describing the initiatives carried out with the funds and analyzing their effectiveness. (b) Report by Commission Not later than the expiration of the 60-day period which begins on the date the Commission receives the final report submitted by a local educational agency under subsection (a), the Commission shall submit a report to Congress on the pilot program under this Act. 4. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr653ih/xml/BILLS-113hr653ih.xml |
113-hr-654 | I 113th CONGRESS 1st Session H. R. 654 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Harper (for himself, Mr. Matheson , Mr. McKinley , Mr. Westmoreland , Mr. Jones , Mr. Nunnelee , Mr. Fortenberry , and Mr. Thompson of Mississippi ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Safe Drinking Water Act to reauthorize technical assistance to small public water systems, and for other purposes.
1. Short title This Act may be cited as the Grassroots Rural and Small Community Water Systems Assistance Act . 2. Findings Congress finds that— (1) the Safe Drinking Water Act Amendments of 1996 ( Public Law 104–182 ) authorized technical assistance for small and rural communities to assist those communities in complying with regulations promulgated pursuant to the Safe Drinking Water Act ( 42 U.S.C. 300f et seq. ); (2) technical assistance and compliance training— (A) ensures that Federal regulations do not overwhelm the resources of small and rural communities; and (B) provides small and rural communities lacking technical resources with the necessary skills to improve and protect water resources; (3) across the United States, more than 90 percent of the community water systems serve a population of less than 10,000 individuals; (4) small and rural communities have the greatest difficulty providing safe, affordable public drinking water and wastewater services due to limited economies of scale and lack of technical expertise; and (5) in addition to being the main source of compliance assistance, small and rural water technical assistance has been the main source of emergency response assistance in small and rural communities. 3. Sense of Congress It is the sense of Congress that— (1) to most effectively assist small and rural communities, the Environmental Protection Agency should prioritize the types of technical assistance that are most beneficial to those communities, based on input from those communities; and (2) local support is the key to making Federal assistance initiatives work in small and rural communities to the maximum benefit. 4. Funding priorities Section 1442(e) of the Safe Drinking Water Act ( 42 U.S.C. 300j–1(e) ) is amended— (1) by designating the first through seventh sentences as paragraphs (1) through (7), respectively; (2) in paragraph (5) (as so designated), by striking 1997 through 2003 and inserting 2014 through 2019 ; and (3) by adding at the end the following: (8) Nonprofit organizations (A) In general The Administrator may use amounts made available to carry out this subsection to provide technical assistance to nonprofit organizations that provide to small public water systems onsite technical assistance, circuit-rider technical assistance programs, onsite and regional training, assistance with implementing source water protection plans, and assistance with implementing monitoring plans, rules, regulations, and water security enhancements. (B) Preference To ensure that technical assistance funding under this subsection is used in a manner that is most beneficial to the small and rural communities of a State, the Administrator shall give preference under this paragraph to nonprofit organizations that, as determined by the Administrator, are the most qualified and experienced and that the small public water systems in that State find to be the most beneficial and effective. . | https://www.govinfo.gov/content/pkg/BILLS-113hr654ih/xml/BILLS-113hr654ih.xml |
113-hr-655 | I 113th CONGRESS 1st Session H. R. 655 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Joyce (for himself, Ms. Fudge , and Ms. Kaptur ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize States to use assistance provided under the Hardest Hit Fund program of the Department of the Treasury to demolish blighted structures, and for other purposes.
1. Use of Hardest Hit Fund amounts for demolition activities Notwithstanding any provision of title I of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5211 et seq. ), any regulation, guidance, order, or other directive of the Secretary of the Treasury, or any agreement (or amendment thereto) entered into under the Hardest Hit Fund program of the Secretary under such title I, any amounts of assistance that have been, or are, allocated for or provided to a State or State agency through the Hardest Hit Fund program may be used, without limitation, to demolish blighted structures. | https://www.govinfo.gov/content/pkg/BILLS-113hr655ih/xml/BILLS-113hr655ih.xml |
113-hr-656 | I 113th CONGRESS 1st Session H. R. 656 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Joyce (for himself, Ms. Fudge , and Ms. Kaptur ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide $4,000,000,000 in new funding through bonding to empower States to undertake significant residential and commercial structure demolition projects in urban and other targeted areas, and for other purposes.
1. Short title This Act may be cited as the Restore our Neighborhoods Act of 2013 . 2. Credit to holders of qualified urban demolition bonds (a) In general Subpart I 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: 54G. Qualified urban demolition bonds (a) Qualified urban demolition bond For purposes of this subchapter, the term qualified urban demolition bond means any bond issued as part of an issue if— (1) 100 percent of the available project proceeds of such issue are to be used for expenditures incurred after the date of the enactment of this section for 1 or more qualified projects pursuant to an allocation of such proceeds to such project or projects by a qualified issuer, (2) the bond is issued by a qualified issuer and is in registered form (within the meaning of section 149(a)), (3) the qualified issuer designates such bond for purposes of this section, (4) the term of each bond which is part of such issue does not exceed 30 years, (5) such bond is issued during the 5-year period beginning on the date of the enactment of this section, and (6) the issue meets the requirements of subsection (e). (b) Limitation on amount of bonds designated (1) In general The maximum aggregate face amount of bonds which may be designated under subsection (a) by a State shall not exceed the qualified urban demolition bond limitation amount allocated to such State under paragraph (3). (2) National qualified urban demolition bond limitation amount There is a national qualified urban demolition bond limitation amount of $4,000,000,000. (3) Allocation to States (A) In general The national qualified urban demolition bond limitation shall be allocated by the Secretary among the States on the following basis and in such manner so as to ensure that all of such limitation amount is allocated before the date which is 3 months after the date of the enactment of this section: (i) $2,000,000,000 to be allocated among the qualified States in accordance with subparagraph (B), and (ii) $2,000,000,000 to be equally allocated among all States. (B) Formula for allocation among qualified States (i) In general The amount allocated to a State under subparagraph (A)(i) shall be an amount equal to the amount specified in subparagraph (A)(i) multiplied by the ratio that the nonseasonal vacant properties in the State bears to the total nonseasonal vacant properties of all qualified States. (ii) Nonseasonal vacant properties For purposes of clause (i), nonseasonal vacant properties shall be determined by the Secretary on the basis of 2010 decennial census. (4) Allocation of limitation amount by States The limitation amount allocated to a State under paragraph (3) shall be allocated by the State to qualified issuers within such State. (5) Reallocation of unused issuance limitation If at the end of the 2-year period beginning on the date of the enactment of this section, the national qualified urban demolition bond limitation amount under paragraph (2) exceeds the total amount of qualified urban demolition bonds issued during such period, such excess shall be reallocated among the qualified States in such manner as the Secretary determines appropriate so as to ensure to the extent possible that all of such limitation amount is issued in the form of qualified urban demolition bonds before the end of the 5-year period beginning on the date of the enactment of this section. (c) Qualified project For purposes of this section, the term qualified project means the direct and indirect demolition costs properly attributable to any project proposed and approved by a qualified issuer, but does not include costs of operation or maintenance with respect to such project. (d) Applicable credit rate In lieu of section 54A(b)(3), for purposes of section 54A(b)(2), the applicable credit rate with respect to an issue under this section is the rate equal to an average market yield (as of the day before the date of sale of the issue) on outstanding long-term corporate debt obligations (determined in such manner as the Secretary prescribes). (e) Special rules relating to expenditures In lieu of subparagraphs (A) and (B) of section 54A(d)— (1) In general An issue shall be treated as meeting the requirements of this subsection if, as of the date of issuance, the qualified issuer reasonably expects— (A) at least 100 percent of the available project proceeds of such issue are to be spent for 1 or more qualified projects within the 5-year expenditure period beginning on such date, and (B) to incur a binding commitment with a third party to spend at least 10 percent of the proceeds of such issue with respect to such projects within the 12-month period beginning on such date. (2) Rules regarding continuing compliance after 5-year determination To the extent that less than 100 percent of the available project proceeds of such issue are expended by the close of the 5-year expenditure period beginning on the date of issuance, the qualified issuer shall redeem all of the nonqualified bonds within 90 days after the end of such period. For purposes of this paragraph, the amount of the nonqualified bonds required to be redeemed shall be determined in the same manner as under section 142. (f) Recapture of portion of credit where cessation of compliance If any bond which when issued purported to be a qualified urban demolition bond ceases to be such a bond, the qualified issuer shall pay to the United States (at the time required by the Secretary) an amount equal to the sum of— (1) the aggregate of the credits allowable under section 54A with respect to such bond (determined without regard to section 54A(c)) for taxable years ending during the calendar year in which such cessation occurs and each succeeding calendar year ending with the calendar year in which such bond is redeemed by the land bank, and (2) interest at the underpayment rate under section 6621 on the amount determined under paragraph (1) for each calendar year for the period beginning on the first day of such calendar year. (g) Other definitions and special rules For purposes of this section— (1) Qualified issuer The term qualified issuer means— (A) a State-authorized land bank, or (B) with respect a State that does not have one or more State-authorized land banks, the State or any political subdivision or instrumentality thereof. (2) State-authorized land bank The term State-authorized land bank means a special unit of government or public purpose corporation— (A) expressly charged under State law with the reclamation, repurposing and redevelopment of vacant and abandoned land, (B) enabled under State law to conduct large scale demolition projects, (C) organized in a State which has enacted legislation allowing for the expedited tax foreclosure of vacant, abandoned, and tax delinquent property, and (D) which may include a joint venture among 2 or more State-authorized land banks or among other entities with whom such special unit of government or public purpose corporation is authorized to enter into a joint venture. (3) Qualified state The term qualified State means a State— (A) in which at least 49 percent of the State’s total housing units in the State were built before 1980, according to the 2010 census, and (B) which meets 3 of the following 4 requirements: (i) The State ranks in the top 20 among all States in percentage change in nonseasonal vacancies in the time period between the 2000 decennial census and the 2010 decennial census. (ii) The State ranks in the top 25 among all States in unemployment rate (seasonally adjusted) for the most recent January through November period beginning before the issuance of the qualified urban demolition bond. (iii) The State ranks in the top 25 among all States in percentages of mortgages in foreclosure for the 3rd quarter of 2012. (iv) The State ranks in the top 20 among all States in the lowest percentage change in population growth in the time period between the 2000 decennial census and the 2010 decennial census. (4) Credits may be transferred Notwithstanding in any law or rule of law shall be construed to limit the transferability of the credit or bond allowed by this section through sale and repurchase agreements. . (b) Conforming amendments (1) Paragraph (1) of section 54A(d) of such Code is amended by striking or at the end of subparagraph (D), by inserting or at the end of subparagraph (E), and by inserting after subparagraph (E) the following new subparagraph: (E) a qualified urban demolition bond, . (2) Subparagraph (C) of section 54A(d)(2) is amended by striking and at the end of clause (iv), by striking the period at the end of clause (v) and inserting , and , and by adding at the end the following new clause: (vi) in the case of a qualified urban demolition bond, a purpose specified in section 54G(a)(1). . (3) The table of sections for subpart I of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 54G. Qualified urban demolition bonds. . (c) Effective date The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. 3. Use of Hardest Hit Fund amounts for demolition activities (a) Authority Notwithstanding any provision of title I of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5211 et seq. ), any regulation, guidance, order, or other directive of the Secretary of the Treasury, or any agreement (or amendment thereto) entered into under the Hardest Hit Fund program of the Secretary under such title I, any amounts of assistance that have been, or are, allocated for or provided to a State or State agency through the Hardest Hit Fund program may be used, without limitation, to demolish blighted structures. (b) Failure To use HHF amounts If, upon the expiration of the 24-month period beginning on the date of the enactment of this Act, any State or State agency is holding any amounts of assistance described in subsection (a) or any amounts of such assistance allocated for such State or State agency have not been disbursed to such State or agency, the Secretary shall remit to the Treasury an amount equal to 25 percent of the aggregate amount, as of such date, of such held and undisbursed funds. The Secretary shall recapture from such State or State agency any amounts of such held funds necessary to carry out this subsection. | https://www.govinfo.gov/content/pkg/BILLS-113hr656ih/xml/BILLS-113hr656ih.xml |
113-hr-657 | I 113th CONGRESS 1st Session H. R. 657 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Labrador (for himself, Mr. Amodei , Mr. Costa , Mr. Gosar , Mr. McClintock , Mrs. Noem , Mr. Thompson of Pennsylvania , Mr. Tipton , Mr. Simpson , and Mr. Walden ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Land Policy and Management Act of 1976 to improve the management of grazing leases and permits, and for other purposes.
1. Short title This Act may be cited as the Grazing Improvement Act . 2. Terms of grazing permits and leases Section 402 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1752 ) is amended— (1) by striking ten years each place it appears and inserting 20 years ; and (2) in subsection (b)— (A) by striking or at the end of each of paragraphs (1) and (2); (B) in paragraph (3), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (4) the initial environmental analysis under National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) regarding a grazing allotment, permit, or lease has not been completed. . 3. Renewal, transfer, and reissuance of grazing permits and leases (a) Amendment Title IV of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1751 et seq. ) is amended by adding at the end the following: 405. Renewal, transfer, and reissuance of grazing permits and leases (a) Definitions In this section: (1) Current grazing management The term current grazing management means grazing in accordance with the terms and conditions of an existing permit or lease and includes any modifications that are consistent with an applicable Department of Interior resource management plan or Department of Agriculture land use plan. (2) Secretary concerned The term Secretary concerned means— (A) the Secretary of Agriculture, with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land under the jurisdiction of the Department of the Interior. (b) Renewal, Transfer, reissuance, and pending processing A grazing permit or lease issued by the Secretary of the Interior, or a grazing permit issued by the Secretary of Agriculture regarding National Forest System land, that expires, is transferred, or is waived shall be renewed or reissued under, as appropriate— (1) section 402; (2) section 19 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act ; 16 U.S.C. 580l ); (3) title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ); or (4) section 510 the California Desert Protection Act of 1994 ( 16 U.S.C. 410aaa–50 ). (c) Terms; conditions The terms and conditions (except the termination date) contained in an expired, transferred, or waived permit or lease described in subsection (b) shall continue in effect under a renewed or reissued permit or lease until the date on which the Secretary concerned completes the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, in compliance with each applicable law. (d) Cancellation; suspension; modification Notwithstanding subsection (c), a permit or lease described in subsection (b) may be cancelled, suspended, or modified in accordance with applicable law. (e) Renewal transfer reissuance after processing When the Secretary concerned has completed the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, the Secretary concerned shall renew or reissue the permit or lease for a term of 20 years after completion of processing. (f) Compliance with National Environmental Policy Act of 1969 The renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned shall be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement if— (1) the decision continues to renew, reissue, or transfer the current grazing management of the allotment; (2) monitoring of the allotment has indicated that the current grazing management has met, or has satisfactorily progressed towards meeting, objectives contained in the land use and resource management plan of the allotment, as determined by the Secretary concerned; or (3) the decision is consistent with the policy of the Department of the Interior or the Department of Agriculture, as appropriate, regarding extraordinary circumstances. (g) Priority and timing for completing environmental analyses The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of the allotment, permit, or lease and available funding for that purpose. (h) NEPA exemptions The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall not apply to the following: (1) Crossing and trailing authorizations of domestic livestock. (2) Transfer of grazing preference. . (b) Table of contents The table of contents for the Federal Land Policy and Management Act of 1976 is amended by adding after the item for section 404, the following: Sec. 405. Renewal, transfer, and reissuance of grazing permits and leases. . | https://www.govinfo.gov/content/pkg/BILLS-113hr657ih/xml/BILLS-113hr657ih.xml |
113-hr-658 | I 113th CONGRESS 1st Session H. R. 658 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Latta (for himself, Mr. Jordan , and Ms. Kaptur ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To authorize and request the President to award the congressional Medal of Honor to Arthur Jibilian for actions behind enemy lines during World War II while a member of the United States Navy and the Office of Strategic Services.
1. Authorization and request for award of Medal of Honor to Arthur Jibilian for acts of valor during World War II (a) Authorization Notwithstanding the time limitations specified in sections 6248 and 6250 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 6241 of such title to Arthur Jibilian for the acts of valor described in subsection (b) during World War II while a member of the United States Navy and the Office of Strategic Services. (b) Acts of valor described The acts of valor referred to in subsection (a) are the actions of Arthur Jibilian during the successful 1944 operation by the Office of Strategic Services, code-named Operation Halyard , to protect and facilitate in the rescue of over 500 allied airmen behind enemy lines. | https://www.govinfo.gov/content/pkg/BILLS-113hr658ih/xml/BILLS-113hr658ih.xml |
113-hr-659 | I 113th CONGRESS 1st Session H. R. 659 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Latta (for himself and Mr. Pascrell ) 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 reform the provisions of law commonly referred to as the Hatch Act .
1. Short title This Act may be cited as the State and Local Law Enforcement Hatch Act Reform Act of 2013 . 2. Political activities Section 1502 of title 5, United States Code, is amended by adding at the end the following: (d) Subsection (a)(1) does not prohibit a sheriff from participating in political campaigns for, or endorsing, political candidates running for elective office by— (1) attending or speaking at political campaign rallies or events; (2) holding or sponsoring political fundraisers; or (3) appearing on political advertisements, including print, radio, television, or any other form of advertising. . 3. Statute of limitations Section 1504 of title 5, United States Code, is amended— (1) by inserting (a) In general.— before When ; and (2) by adding at the end the following: (b) Statute of limitations for law enforcement officers With respect to paragraphs (1) and (3) of section 1502(a), the Special Counsel may not present any charges against a law enforcement officer under subsection (a) after the end of the 6-month period beginning on the later of— (1) the date of the alleged violation of paragraph (1) or (3) of section 1502(a), as the case may be; or (2) the date of the enactment of the State and Local Law Enforcement Hatch Act Reform Act of 2013 . . 4. Definitions Section 1501 of title 5, United States Code, is amended— (1) in paragraph (3), by striking and after the semicolon; (2) in paragraph (4), by striking the period and inserting a semicolon; and (3) by adding at the end the following: (5) sheriff means an individual who holds the elected Office of Sheriff, as defined by State constitution or State statute, of a county, town, township, parish, village, or other general purpose political subdivision of a State; and (6) law enforcement officer means a State or local officer or employee whose duties are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of a State or local jurisdiction, including an officer or employee engaged in this activity who is transferred to a supervisory or administrative position. . | https://www.govinfo.gov/content/pkg/BILLS-113hr659ih/xml/BILLS-113hr659ih.xml |
113-hr-660 | I 113th CONGRESS 1st Session H. R. 660 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Ms. Lee of California introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to create a National Neuromyelitis Optica Consortium to provide grants and coordinate research with respect to the causes of, and risk factors associated with, neuromyelitis optica, and for other purposes.
1. Short title This Act may be cited as the Neuromyelitis Optica Consortium Act . 2. Findings Congress finds the following: (1) Neuromyelitis optica (NMO) is a devastating neurologic disease leading to blindness and paralysis. (2) There are an estimated 11,000 patients with NMO in the United States. (3) Women are affected 7 to 9 times more than men, and a large proportion of NMO patients are African-American. (4) The average age at diagnosis is 41 years, but the range is broad and includes children as young as 2 years of age and adults as old as 89 years of age. (5) NMO incurs substantial costs for affected patients and their families. (6) The cause of NMO is unknown, but it is hypothesized to be autoimmune in nature. (7) More than 90 percent of NMO patients will suffer recurrent disease and accumulate neurologic disability. (8) Because of their relatively low overall incidence, orphan diseases like NMO frequently do not receive sufficient attention and research funding. (9) No single institution has a sufficient number of patients to independently conduct research that will adequately address the cause of NMO. (10) There has been no comprehensive study analyzing all relevant clinical, biological, and epidemiological aspects of NMO to identify potential risk factors and biomarkers for NMO. (11) We can apply our understanding of NMO to the study of other autoimmune diseases, including multiple sclerosis and systemic lupus erythematosus. 3. Sense of congress It is the sense of Congress that there is a need— (1) to establish and coordinate a multicenter research effort based on collaboration between regional consortia and governmental and nongovernmental entities in order to— (A) comprehensively study the causes of NMO; and (B) identify potential biomarkers of disease activity; and (2) to encourage a collaborative effort among academic medical centers with epidemiological study groups to gather comprehensive and detailed information for each patient enrolled in those groups, in order to investigate environmental, nutritional, and genetic factors with respect to, and the pathological and epidemiological characteristics of, NMO. 4. Establishment of the national neuromyelitis optica consortium Part B of title IV of the Public Health Service Act ( 42 U.S.C. 284 et seq. ) is amended by adding after section 409J the following new section: 409K. National neuromyelitis optica consortium (a) Establishment of the national neuromyelitis optica consortium (1) In general Not later than 1 year after the date of the enactment of this section, the Secretary, acting through the Director of NIH, and in coordination with the Director of the National Institute on Minority Health and Health Disparities, shall establish, administer, and coordinate a National Neuromyelitis Optica Consortium (in this section referred to as the NNO Consortium ) for the purposes described in paragraph (2). (2) Purposes The purposes of the NNO Consortium shall be the following: (A) Providing grants of not fewer than 5 years duration to eligible consortia for the purpose of conducting research with respect to the causes of, and the risk factors and biomarkers associated with, NMO. (B) Assembling a panel of experts to provide, with respect to research funded by the NNO Consortium, ongoing guidance and recommendations for the development of the following: (i) A common study design. (ii) Standard protocols, methods, procedures, and assays for collecting from individuals enrolled as study participants a minimum dataset that includes the following: (I) Complete medical history. (II) Neurologic examination. (III) Biospecimens, including blood, spinal fluid, DNA, and RNA. (IV) Radiological data including magnetic resonance imaging (MRI). (iii) Specific analytical methods for examining data. (iv) Provisions for consensus review of enrolled cases. (v) An integrated data collection network. (C) Designating a central laboratory to collect, analyze, and aggregate data with respect to research funded by the NNO Consortium and to make such data and analysis available to researchers. (3) Eligible consortia To be eligible for a grant under this section, a consortium shall demonstrate the following: (A) The consortium has the capability to enroll as research participants a minimum of 25 individuals with a diagnosis of NMO from the consortium’s designated catchment area. (B) The designated catchment area of the consortium does not overlap with the designated catchment area of another consortium already receiving a grant under this section. (4) Report Not later than 1 year after the date of the enactment of this section and annually thereafter, the Secretary, acting through the Director of NIH, shall submit to Congress a report with respect to the NNO Consortium, to be made publicly available, including a summary of research funded by the NNO Consortium and a list of consortia receiving grants through the NNO Consortium. At the discretion of the Secretary, such report may be combined with other similar or existing reports. (5) Authorization of appropriations (A) In general There is authorized to be appropriated $25,000,000 for each of fiscal years 2014 through 2018, to remain available until expended, to carry out this section. (B) Sense of congress It is the sense of Congress that funds appropriated to carry out this section should be in addition to funds otherwise available or appropriated to carry out the activities described in this section. (b) Definitions For purposes of this section: (1) Catchment area The term catchment area means a defined area for which population data are available. (2) Consortium The term consortium means a partnership of 2 or more universities, health care organizations, or government agencies, or any combination of such entities, serving a designated catchment area. . | https://www.govinfo.gov/content/pkg/BILLS-113hr660ih/xml/BILLS-113hr660ih.xml |
113-hr-661 | I 113th CONGRESS 1st Session H. R. 661 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Ms. Lee of California (for herself, Mr. Moran , Mrs. Lowey , Ms. DeLauro , Mr. Quigley , Mr. Farr , Ms. Pingree of Maine , Ms. McCollum , Mr. Price of North Carolina , Mr. Honda , Mr. Schiff , Mr. Serrano , Ms. Roybal-Allard , and Mr. Fattah ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To repeal certain impediments to the administration of the firearms laws.
1. Short title This Act may be cited as the Tiahrt Restrictions Repeal Act . 2. Findings The Congress finds as follows: (1) The Tiahrt Amendments severely limit the authority of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) to disclose crime gun trace data to the public. (2) The Tiahrt Amendments prevent the collection of valuable information, and the establishment of effective policies to prevent illegal guns. (3) Having effective policies to prevent illegal gun trafficking makes our families and communities safer. (4) The Tiahrt Amendments impede enforcement of the gun laws by requiring most background check records to be destroyed within 24 hours, and by barring the government from requiring annual inventory audits by owners of gun shops (5) Repealing the Tiahrt Amendments would support law enforcement efforts and give the public vital information needed to craft the most effective policies against illegal guns. 3. Repeal of certain limitations on the use of database information of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (a) The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking the 6th proviso. (b) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2010 ( 18 U.S.C. 923 note; Public Law 111–117 ; 123 Stat. 3128–3129) is amended by striking beginning in fiscal year 2010 and thereafter and inserting in fiscal year 2010 . (c) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Omnibus Appropriations Act, 2009 ( 18 U.S.C. 923 note; Public Law 111–8 ; 123 Stat. 574–576) is amended by striking beginning in fiscal year 2009 and thereafter and inserting in fiscal year 2009 . (d) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title II of division B of the Consolidated Appropriations Act, 2008 ( 18 U.S.C. 923 note; Public Law 110–161 ; 121 Stat. 1903–1904) is amended by striking beginning in fiscal year 2008 and thereafter and inserting in fiscal year 2008 . (e) The 6th proviso under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006 ( 18 U.S.C. 923 note; Public Law 109–108 ; 119 Stat. 2295–2296) is amended by striking with respect to any fiscal year . (f) The 6th proviso under the heading in title I of division B of the Consolidated Appropriations Act, 2005 ( 18 U.S.C. 923 note; Public Law 108–447 ; 118 Stat. 2859–2860) is amended by striking with respect to any fiscal year . 4. Repeal of limitation on imposition of requirement that firearms dealers to conduct physical check of firearms inventory The matter under the heading Bureau of Alcohol, Tobacco, Firearms and Explosives—Salaries and Expenses in title I of division B of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 923 note; Public Law 112–55 ; 125 Stat. 609–610) is amended by striking the 7th proviso. 5. Repeal of requirement to destroy instant criminal background check records within 24 hours Section 511 of the Consolidated and Further Continuing Appropriations Act, 2012 ( 18 U.S.C. 922 note; Public Law 112–55 ; 125 Stat. 632) is amended— (1) by striking for— and all that follows through (1) ; and (2) by striking the semicolon and all that follows and inserting a period. | https://www.govinfo.gov/content/pkg/BILLS-113hr661ih/xml/BILLS-113hr661ih.xml |
113-hr-662 | I 113th CONGRESS 1st Session H. R. 662 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Luetkemeyer (for himself, Mr. King of Iowa , Mr. Latta , Mrs. Black , Mr. McClintock , Mr. Graves of Missouri , Mrs. Lummis , Mr. Duncan of South Carolina , Mr. Huelskamp , Mrs. Wagner , Mr. Westmoreland , Mr. Long , Mr. Posey , Mr. Broun of Georgia , Mr. Nugent , Mr. Duncan of Tennessee , Mr. Kingston , Mr. McKinley , and Mr. Stockman ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To prohibit United States contributions to the Intergovernmental Panel on Climate Change and the United Nations Framework Convention on Climate Change.
1. Prohibition on United States contributions to the Intergovernmental Panel on Climate Change and the United Nations Framework Convention on Climate Change (a) Prohibition Notwithstanding any other provision of law, no funds made available to any Federal department or agency may be used to make assessed or voluntary contributions on behalf of the United States to or for the Intergovernmental Panel on Climate Change (IPCC) or the United Nations Framework Convention on Climate Change (UNFCCC). (b) Effective date The prohibition on use of funds contained in subsection (a) applies with respect to funds made available for fiscal year 2014 and subsequent fiscal years. | https://www.govinfo.gov/content/pkg/BILLS-113hr662ih/xml/BILLS-113hr662ih.xml |
113-hr-663 | I 113th CONGRESS 1st Session H. R. 663 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Ben Ray Luján of New Mexico introduced the following bill; which was referred to the Committee on Natural Resources A BILL To adjust the boundary of the Carson National Forest, New Mexico.
1. Short title This Act may be cited as the Carson National Forest Boundary Adjustment Act . 2. Carson National Forest Boundary Adjustment (a) In general The boundary of the Carson National Forest in the State of New Mexico is adjusted to incorporate the approximately 4,990 acres of land generally depicted as “Miranda Canyon Boundary” on the map entitled Carson National Forest Boundary Adjustment and dated September 21, 2010. (b) Land and Water Conservation Fund For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 460 l –9 ), the boundaries of the Carson National Forest, as modified under subsection (a), shall be considered to be the boundaries of the Carson National Forest as in existence on January 1, 1965. | https://www.govinfo.gov/content/pkg/BILLS-113hr663ih/xml/BILLS-113hr663ih.xml |
113-hr-664 | I 113th CONGRESS 1st Session H. R. 664 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Maffei (for himself, Mr. Hanna , Ms. Slaughter , Ms. Edwards , Mr. Van Hollen , Mr. Sarbanes , Mr. Cummings , Mr. Higgins , Mr. Tonko , Mr. Rangel , Ms. Clarke , Mr. Meeks , Mr. Jeffries , Mrs. Carolyn B. Maloney of New York , Mr. Markey , Mr. Ruppersberger , Mr. Delaney , Ms. Lee of California , Ms. Moore , and Mr. Clay ) 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 Authorized Acquisition Area for the Proposed Harriet Tubman Underground Railroad National Historical Park , numbered T20/80,001, and dated July 2010. (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 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, 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 Authorized Acquisition Areas by purchase from willing sellers, donation, or exchange. (B) Boundary adjustment On acquisition of land or an interest in land 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) Interpretive tours The Secretary may provide interpretive tours to sites and resources located outside the boundary of the historical park in Caroline, Dorchester, and Talbot Counties, Maryland, relating to the life of Harriet Tubman and the Underground Railroad. (4) 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) Visitor center The Secretary may enter into a cooperative agreement with the State to design, construct, operate, and maintain a joint visitor center on land owned by the State— (i) to provide for National Park Service visitor and interpretive facilities for the historical park; and (ii) to provide to the Secretary, at no additional cost, sufficient office space to administer the historical park. (C) Cost-sharing requirement (i) Federal share The Federal share of the total cost of any activity carried out under this paragraph shall not exceed 50 percent. (ii) Form of non-federal share The non-Federal share of the cost of carrying out an activity under this paragraph may be in the form of in-kind contributions or goods or services fairly valued. (d) General management plan (1) In general Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 12(b) of 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. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this section. 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 purchase from a willing seller, donation, or exchange. (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) Interpretive tours The Secretary may provide interpretive tours to sites and resources located outside the boundary of the historical park in Auburn, New York, relating to the life of Harriet Tubman. (3) 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) Cost-sharing requirement (i) Federal share The Federal share of the total cost of any activity carried out under this paragraph shall not exceed 50 percent. (ii) Form of non-Federal share The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued. (D) 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) General management plan (1) In general Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the historical park in accordance with section 12(b) of 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. (e) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act, except that not more than $7,500,000 shall be available to provide financial assistance under subsection (c)(3). | https://www.govinfo.gov/content/pkg/BILLS-113hr664ih/xml/BILLS-113hr664ih.xml |
113-hr-665 | I 113th CONGRESS 1st Session H. R. 665 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Pallone , Mr. Smith of New Jersey , Mr. Gutierrez , Ms. Bordallo , and Mr. Holt ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To allow certain Indonesian citizens to file a motion to reopen their asylum claims.
1. Short title This Act may be cited as the Indonesian Family Refugee Protection Act . 2. Motion to reopen asylum claims (a) In general Notwithstanding subparagraphs (B) and (C) of section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) and section 240(c)(7) of such Act ( 8 U.S.C. 1229a(c)(7) ), and notwithstanding any other provision of law on motions to reopen removal or deportation proceedings, an alien may file one motion to reopen an asylum claim during the 2-year period beginning on the date of the enactment of this Act if the alien— (1) is a citizen of Indonesia; (2) entered the United States after January 1, 1997, and before November 30, 2002; (3) filed an application for asylum that was denied asylum based solely upon a failure to meet the 1-year application filing deadline; (4) is not subject to the safe third country exception under section 208(a)(2)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2)(A) ); and (5) is not subject to a bar from seeking asylum under section 208(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(b)(2) ). (b) Application from abroad The motion to reopen referred to in subsection (a) may be filed in the United States or from outside the United States. (c) Return of applicants abroad An alien who meets the requirements under subsection (a) may be admitted or otherwise authorized to enter the United States solely to prosecute a motion to reopen under this section or otherwise to pursue relief under this section. Hearings pursuant to this section may be held in the United States or abroad, with the alien appearing in person or by video phone or similar device. (d) Definitions For purposes of this Act, the terms used in this Act shall have the same meanings given such terms in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). | https://www.govinfo.gov/content/pkg/BILLS-113hr665ih/xml/BILLS-113hr665ih.xml |
113-hr-666 | I 113th CONGRESS 1st Session H. R. 666 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Markey (for himself, Ms. Hanabusa , Mr. Ben Ray Luján of New Mexico , Mr. Grijalva , Mr. Kildee , Mr. Pallone , Ms. Moore , Mr. Becerra , Ms. Tsongas , Mr. Faleomavaega , and Ms. McCollum ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Act of June 18, 1934, to reaffirm the authority of the Secretary of the Interior to take land into trust for Indian tribes.
1. Reaffirmation of authority (a) Modification (1) In general The first sentence of section 19 of the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ; 25 U.S.C. 479 ), is amended— (A) by striking The term and inserting Effective beginning on June 18, 1934, the term ; and (B) by striking any recognized Indian tribe now under Federal jurisdiction and inserting any federally recognized Indian tribe . (2) Effective date The amendments made by paragraph (1) shall take effect as if included in the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ; 25 U.S.C. 479 ), on the date of the enactment of that Act. (b) Ratification and confirmation of actions Any action taken by the Secretary of the Interior pursuant to the Act of June 18, 1934 (commonly known as the Indian Reorganization Act ; 25 U.S.C. 461 et seq. ), for any Indian tribe that was federally recognized on that date of the action is ratified and confirmed, to the extent such action is subjected to challenge based on whether the Indian tribe was federally recognized or under Federal jurisdiction on June 18, 1934, ratified and confirmed as fully to all intents and purposes as if the action had, by prior Act of Congress, been specifically authorized and directed. (c) Effect on other laws (1) In general Nothing in this section or the amendments made by this section shall affect— (A) the application or effect of any Federal law other than the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. ), as amended by subsection (a) of this section; or (B) any limitation on the authority of the Secretary of the Interior under any Federal law or regulation other than the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. ), as so amended. (2) References in other laws An express reference to the Act of June 18, 1934 ( 25 U.S.C. 461 et seq. ), contained in any other Federal law shall be considered to be a reference to that Act as amended by subsection (a) of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr666ih/xml/BILLS-113hr666ih.xml |
113-hr-667 | I 113th CONGRESS 1st Session H. R. 667 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. McCarthy of California (for himself, Mr. Calvert , Mr. Smith of Texas , Mr. Rohrabacher , Mr. Palazzo , Mr. Hall , Mr. McKeon , Mr. Jordan , and Mr. Schiff ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To redesignate the Dryden Flight Research Center as the Neil A. Armstrong Flight Research Center and the Western Aeronautical Test Range as the Hugh L. Dryden Aeronautical Test Range.
1. Redesignation of Dryden Flight Research Center (a) Redesignation The National Aeronautics and Space Administration (NASA) Hugh L. Dryden Flight Research Center in Edwards, California, is redesignated as the NASA Neil A. Armstrong Flight Research Center . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the flight research center referred to in subsection (a) shall be deemed to be a reference to the NASA Neil A. Armstrong Flight Research Center . 2. Redesignation of Western Aeronautical Test Range (a) Redesignation The National Aeronautics and Space Administration (NASA) Western Aeronautical Test Range in California is redesignated as the NASA Hugh L. Dryden Aeronautical Test Range . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the test range referred to in subsection (a) shall be deemed to be a reference to the NASA Hugh L. Dryden Aeronautical Test Range . | https://www.govinfo.gov/content/pkg/BILLS-113hr667ih/xml/BILLS-113hr667ih.xml |
113-hr-668 | I 113th CONGRESS 1st Session H. R. 668 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Messer (for himself, Mr. Young of Indiana , and Mr. Mulvaney ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend section 1105(a) of title 31, United States Code, to require that annual budget submissions of the President to Congress provide an estimate of the cost per taxpayer of the deficit, and for other purposes.
1. Requirement in budget submission with respect to the cost per taxpayer of the deficit Section 1105(a) of title 31, United States Code, is amended— (1) redesignating paragraph (37) (relating to the list of outdated or duplicative plans and reports) as paragraph (39); and (2) by adding at the end the following: (40) in the case of a fiscal year in which the budget is projected to result in a deficit, an estimate of the pro rata cost of such deficit for taxpayers who will file individual income tax returns for taxable years ending during such fiscal year. . | https://www.govinfo.gov/content/pkg/BILLS-113hr668ih/xml/BILLS-113hr668ih.xml |
113-hr-669 | I 113th CONGRESS 1st Session H. R. 669 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Pallone (for himself and Mr. King of New York ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to improve the health of children and help better understand and enhance awareness about unexpected sudden death in early life.
1. Short title This Act may be cited as the Sudden Unexpected Death Data Enhancement and Awareness Act . 2. Amendment to the Public Health Service Act Title III of the Public Health Service Act ( 42 U.S.C. 241 et seq. ) is amended by adding at the end the following: W Sudden unexpected infant death and sudden unexplained death in childhood 399OO. Definitions In this part: (1) Administrator The term Administrator means the Administrator of the Health Resources and Services Administration. (2) Death scene investigator The term death scene investigator means an individual certified as a death scene investigator by an accredited professional certification board. (3) Director The term Director means the Director of the Centers for Disease Control and Prevention. (4) State The term State has the meaning given to such term in section 2, except that such term includes tribes and tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act). (5) Sudden unexpected infant death; SUID The terms sudden unexpected infant death and SUID mean the sudden death of an infant under 1 year of age that when first discovered did not have an obvious cause. Such terms include those deaths that are later determined to be from explained as well as unexplained causes. (6) Sudden unexplained death in childhood; SUDC The terms sudden unexplained death in childhood and SUDC mean the sudden death of a child older than 1 year of age which remains unexplained after a thorough case investigation that includes a review of the clinical history and circumstances of death and performance of a complete autopsy with appropriate ancillary testing. 399OO–1. Death scene investigation and autopsy (a) Investigations (1) Grants The Secretary, acting through the Director, shall award grants to States to enable such States to improve the completion of comprehensive death scene investigations for sudden unexpected infant death and sudden unexplained death in childhood. (2) Application To be eligible to receive a grant under paragraph (1), a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Use of funds (A) In general A State shall use amounts received under a grant under paragraph (1) to improve the completion of comprehensive death scene investigations for sudden unexpected infant death and sudden unexplained death in childhood, including through the awarding of subgrants to local jurisdictions to be used to implement standard death scene investigation protocols for sudden unexpected infant death and sudden unexplained death in childhood and conduct comprehensive, standardized autopsies. (B) Protocols A standard death scene protocol implemented under subparagraph (A) shall include the obtaining of information on current and past medical history of the infant/child, the circumstances surrounding the death including any suspicious circumstances, the sleep position and sleep environment of the infant/child, and whether there were any accidental or environmental factors associated with the death. The Director in consultation with medical examiners, coroners, death scene investigators, law enforcement, emergency medical technicians and paramedics, public health agencies, and other individuals or groups determined necessary by the Director shall develop a standard death scene protocol for children from 1 to 4 years of age, using existing protocols developed for SUID. (b) Autopsies (1) In general The Secretary, acting through the Director, shall award grants to States to enable such States to increase the rate at which comprehensive, standardized autopsies are performed for sudden unexpected infant death and sudden unexplained death in childhood. (2) Application To be eligible to receive a grant under paragraph (1), a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Comprehensive autopsy For purposes of this subsection, a comprehensive autopsy shall include a full external and internal examination, including microscopic examination, of all major organs and tissues including the brain, complete radiographs, vitreous fluid analysis, photo documentation, selected microbiology when indicated, metabolic testing, and toxicology screening of the infant or child involved. (4) Guidelines The Director, in consultation with board certified forensic pathologists, medical examiners, coroners, pediatric pathologists, pediatric cardiologists, pediatric neuropathologists and geneticists, and other individuals and groups determined necessary by the Director shall develop national guidelines for a standard autopsy protocol for sudden unexpected infant death and sudden unexplained death in childhood. The Director shall ensure that the majority of such consultation is with board certified forensic pathologists, medical examiners, and coroners. The Director is encouraged to seek additional input from child abuse experts, bereavement specialists, parents, and public health agencies on nonmedical aspects of the autopsy guidelines. In developing such protocol, the Director shall consider autopsy protocols used by State and local jurisdictions. (c) Study on genetic testing The Director, in consultation with medical examiners, coroners, forensic pathologists, geneticists, researchers, public health officials, and other individuals and groups determined necessary by the Director, shall commission a study to determine the benefits and appropriateness of genetic testing for infant and early childhood deaths that remain unexplained after a complete death scene investigation and comprehensive, standardized autopsy. Such study shall include recommendations on developing a standard protocol for use in determining when to utilize genetic testing and standard protocols for the collection and storage of specimens suitable for genetic testing. (d) Authorization of appropriations There is authorized to be appropriated $8,000,000 for each of fiscal years 2014 through 2018 to carry out this section. 399OO–2. Training (a) Grants The Secretary, acting through the Director, shall award grants to eligible entities for the provision of training on death scene investigation specific for SUID and SUDC. (b) Eligible entities To be eligible to receive a grant under subsection (a), an entity shall— (1) be— (A) a State or local government entity; or (B) a nonprofit private entity; and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds An eligible entity shall use amounts received under a grant under this section to— (1) provide training to medical examiners, coroners, death scene investigators, law enforcement personnel, and emergency medical technicians or paramedics concerning death scene investigations for SUID and SUDC, including the use of standard death scene investigation protocols that include information on the current and past medical history of the infant/child, the circumstances surrounding the death including any suspicious circumstances, the sleep position and sleep environment of the infant/child, and whether there were any accidental or environmental factors associated with the death; (2) provide training directly to individuals who are responsible for conducting and reviewing death scene investigations for sudden unexpected infant death and sudden unexplained death in childhood; (3) provide training to multidisciplinary teams, including teams that have a medical examiner or coroner, death scene investigator, law enforcement representative, and an emergency medical technician or paramedic; (4) in the case of national and State-based grantees that are comprised of medical examiners, coroners, death scene investigators, law enforcement personnel, or emergency medical technicians and paramedics, integrate training under the grant on death scene investigation of SUID and SUDC into professional accreditation and training programs; (5) in the case of State and local government entity grantees, obtain equipment, including computer equipment, to aid in the completion of standard death scene investigation; or (6) conduct training activities for medical examiners, coroners, and forensic pathologists concerning standard autopsy protocols for sudden unexpected infant death and sudden unexplained death in childhood and integrate the training under the grant on standard autopsy protocols in SUID and SUDC into professional accreditation and training programs. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2014 through 2018. 399OO–3. Child death review (a) Prevention (1) Core capacity grants The Secretary, acting through the Administrator, shall award grants to States to build and strengthen State capacity and implement State and local child death review programs and prevention strategies. (2) Planning grants The Secretary, acting through the Administrator, shall award planning grants to States that have no existing child death review program or States in which the only child death review programs are State-based, for the development of local child death review programs and prevention strategies. (3) Application To be eligible to receive a grant under paragraph (1) or (2), a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (4) Technical assistance The Secretary, acting through the Administrator, shall provide technical assistance to assist States— (A) in developing the capacity for comprehensive child death review programs, including the development of best practices for the implementation of such programs; and (B) in maintaining the national child death case reporting system. (b) Authorization of appropriations There is authorized to be appropriated $7,000,000 for each of fiscal years 2014 through 2018 to carry out subsection (a). 399OO–4. Enhancing the national child death case reporting system (a) In general The Secretary, acting through the Director and in consultation with the national child death case reporting system, national health organizations, and professional societies with experience and expertise relating to reducing SUID and SUDC, shall modify such national death case reporting system, in accordance with subsection (b), to assure that such system provides for population-based data for ages 0 through 4 years of age and facilitates the understanding of the root causes, rates, and trends of SUID and SUDC with respect to such ages. (b) Goals of modified national child death case reporting system The modifications under subsection (a) to the national child death case reporting system shall facilitate the collection, analysis, and dissemination of data by— (1) implementing a surveillance and monitoring system based on thorough and complete death scene investigation data, clinical history, and autopsy findings; (2) collecting standardized information about the environmental, medical, genetic, and social circumstances of death (including sleep environment and quality of the death scene investigation) if determined that such may correlate with infant and early childhood deaths, as well as information from other law enforcement, medical examiner, coroner, emergency medical services (EMS), medical records, and vital records (if possible); (3) supporting multidisciplinary infant and early childhood death reviews such as those performed by child death review committees to collect and review the standardized information and accurately and consistently classify and characterize SUID and SUDC; (4) facilitating the sharing of information to improve the public reporting of surveillance and vital statistics describing the epidemiology of SUID and SUDC; and (5) utilizing current infrastructure of existing surveillance systems. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2014 through 2018. 399OO–5. Public awareness and education campaign (a) Establishment The Secretary, acting through the Administrator and in consultation with the Director and the Director of the National Institutes of Health, shall establish and implement a culturally competent research-based public health awareness and education campaign to provide information that is focused on decreasing the risk factors that contribute to sudden unexpected infant death and sudden unexplained death in childhood, including educating individuals and organizations about safe sleep environments, sleep positions, and reducing exposure to smoking during pregnancy and after birth. (b) Targeted populations The campaign under subsection (a) shall be designed to reduce health disparities through the targeting of populations with high rates of sudden unexpected infant death and sudden unexplained death in childhood. (c) Consultation In establishing and implementing the campaign under subsection (a), the Secretary shall consult with national organizations representing health care providers, including nurses and physicians, parents, child care providers, children's advocacy and safety organizations, maternal and child health programs and women’s, infants’, and children’s nutrition professionals, and other individuals and groups determined necessary by the Secretary for such establishment and implementation. (d) Grants (1) In general In carrying out the campaign under subsection (a), the Secretary shall award grants to national organizations, State and local health departments, and community-based organizations for the conduct of education and outreach programs for health care providers, parents, child care providers, public health agencies, and community organizations. (2) Application To be eligible to receive a grant under paragraph (1), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $7,000,000 for fiscal year 2014 and $5,000,000 for each of fiscal years 2015 through 2018. 399OO–6. Grants for support services (a) In general The Secretary, acting through the Administrator, shall award grants to national organizations, State and local health departments, and community-based organizations, for the provisions of support services to families who have had a child die of sudden unexpected infant death and sudden unexplained death in childhood. (b) Application To be eligible to receive a grant under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Use of funds Amounts received under a grant awarded under subsection (a) may be used to provide grief counseling, education, home visits, 24-hour hotlines, and support groups for families who have lost a child to sudden unexpected infant death or sudden unexplained death in childhood. (d) Preference In awarding grants under subsection (a), the Secretary shall give preference to community-based applicants that have a proven history of effective direct support services and interventions for sudden unexpected infant death and sudden unexplained death in childhood and can demonstrate experience through collaborations and partnerships for delivering services throughout a State or region. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $500,000 for each of fiscal years 2014 through 2018. 399OO–7. Evaluation of State and regional needs (a) In general The Secretary, acting through the Director and in consultation with the Administrator, shall conduct a needs assessment on a State and regional basis of the availability of personnel, training, technical assistance, and resources for investigating and determining sudden unexpected infant death and sudden unexplained death in childhood and make recommendations to increase collaboration on a State and regional level for investigation and determination. (b) Authorization of appropriations There is authorized to be appropriated to carry out this section, $250,000 for each of fiscal years 2014 through 2018. . 3. Enhancing public health activities related to stillbirth Part P of title III of the Public Health Service Act ( 42 U.S.C. 280g et seq. ) is amended by adding at the end the following: 399V–6. Enhancing public health activities related to stillbirth (a) Grants The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall award grants to eligible States and metropolitan areas to enhance and expand surveillance efforts to collect thorough and complete epidemiologic information on stillbirths, including through the utilization of the infrastructure of existing surveillance systems (including vital statistics systems). (b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall— (1) be a State or a major metropolitan area (as defined by the Secretary); and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) an assurance that the applicant will implement the standardized surveillance protocol developed under subsection (c); and (B) a description of the infrastructure of existing surveillance systems in the State or major metropolitan area, as applicable. (c) Surveillance protocol The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall— (1) provide for the continued development and dissemination of a standard protocol for stillbirth data collection and surveillance, in consultation with representatives of health and advocacy organizations, State and local governments, and other interested entities determined appropriate by the Secretary; (2) monitor trends and identify potential risk factors for further study using existing sources of surveillance data and expanded sources of data from targeted surveillance efforts, and methods for the evaluation of stillbirth prevention efforts; and (3) develop and evaluate methods to link existing data to provide more complete information for research into the causes and conditions associated with stillbirth. (d) Postmortem evaluation and Data Collection The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with physicians, nurses, pathologists, geneticists, parents, and other groups determined necessary by the Director, shall develop guidelines for increasing the performance and data collection of postmortem stillbirth evaluation, including conducting and reimbursing autopsies, placental histopathology, and cytogenetic testing. The guidelines should take into account cultural competency issues related to postmortem stillbirth evaluation. (e) Public health programmatic activities related to stillbirth The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall— (1) develop behavioral surveys for women experiencing stillbirth, using existing State-based infrastructure for pregnancy-related information gathering; and (2) increase the technical assistance provided to States, Indian tribes, territories, and local communities to enhance capacity for improved investigation of medical and social factors surrounding stillbirth events. (f) Public education and prevention programs The Secretary, acting through the Director of the Centers for Disease Control and Prevention and in consultation with health care providers, public health organizations, maternal and child health programs, parents, and other groups deemed necessary by the Director, shall directly or through grants, cooperative agreements, or contracts to eligible entities, develop and conduct evidence-based public education and prevention programs aimed at reducing the occurrence of stillbirth overall and addressing the racial and ethnic disparities in its occurrence, including— (1) public education programs, services, and demonstrations which are designed to increase general awareness of stillbirths; and (2) the development of tools for the education of health professionals and women concerning the known risk factors for stillbirth, promotion of fetal movement awareness, and the importance of early and regular prenatal care to monitor the health and development of the fetus up to and during delivery. (g) Task force The Secretary, in consultation with the Director of the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, and health care providers, researchers, parents, and other groups deemed necessary by the Directors, shall establish a task force to develop a national research plan to determine the causes of, and how to prevent, stillbirth. (h) Grants for support services (1) In general The Secretary, acting through the Administrator of the Health Resources and Services Administration, shall award grants to national organizations, State and local health departments, and community-based organizations, for the provisions of support services to families who have experienced stillbirth. (2) Application To be eligible to receive a grant under subsection (a), an entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Use of funds Amounts received under a grant awarded under subsection (a) may be used to provide grief counseling, education, home visits, 24-hour hotlines, and support groups for families who have experienced stillbirth. (4) Preference In awarding grants under subsection (a), the Secretary shall give preference to applicants that are community-based organizations that have a proven history of providing effective direct support services and interventions related to stillbirths and can demonstrate experience through collaborations and partnerships for delivering services throughout a State or region. (i) Definitions In this section: (1) The term State has the meaning given to such term in section 2, except that such term includes tribes and tribal organizations (as such terms are defined in section 4 of the Indian Self-Determination and Education Assistance Act). (2) The term stillbirth means a spontaneous, not induced, pregnancy loss 20 weeks or later after gestation, or if the age of the fetus is not known, then a fetus weighing 350 grams or more. (j) Authorization of appropriations There is authorized to be appropriated to carry out this section, $3,000,000 for each of fiscal years 2014 through 2018. . 4. Report to Congress Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention and in consultation with the Director of the National Institutes of Health and the Administrator of the Health Resources and Services Administration, shall submit to Congress a report describing the progress made in implementing this Act (and the amendments made by this Act). | https://www.govinfo.gov/content/pkg/BILLS-113hr669ih/xml/BILLS-113hr669ih.xml |
113-hr-670 | I 113th CONGRESS 1st Session H. R. 670 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Pierluisi (for himself, Mr. Rangel , Ms. Roybal-Allard , Mr. Grayson , Mr. Grijalva , Ms. Bordallo , Mr. Faleomavaega , Mrs. Christensen , Mr. Serrano , Ms. Velázquez , and Ms. Norton ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend part B of the title XVIII of the Social Security Act to apply deemed enrollment to residents of Puerto Rico and to provide a special enrollment period and a reduction in the late enrollment penalties for certain residents of Puerto Rico.
1. Short title This Act may be cited as the Puerto Rico Medicare Part B Equity Act of 2013 . 2. Application of part B deemed enrollment process to residents of Puerto Rico; special enrollment period and limit on late enrollment penalties (a) Application of part B deemed enrollment process to residents of Puerto Rico Section 1837(f)(3) of the Social Security Act ( 42 U.S.C. 1395p(f)(3) ) is amended by striking , exclusive of Puerto Rico . (b) Effective date The amendment made by subsection (a) shall apply to individuals whose initial enrollment period under section 1837(d) of the Social Security Act begins on or after the first day of the effective month, specified by the Secretary of Health and Human Services under section 1839(j)(1)(C) of such Act, as added by subsection (c)(2). (c) Transition providing special enrollment period and limit on late enrollment penalties for certain Medicare beneficiaries Section 1839 of the Social Security Act ( 42 U.S.C. 1395r ) is amended— (1) in the first sentence of subsection (b), by inserting subject to section 1839(j)(2), after subsection (i)(4) or (l) of section 1837, ; and (2) by adding at the end the following new subsection: (j) Special rules for certain residents of Puerto Rico (1) Special enrollment period, coverage period for residents who are eligible but not enrolled (A) In general In the case of a transition individual (as defined in paragraph (3)) who is not enrolled under this part as of the day before the first day of the effective month (as defined in subparagraph (C)), the Secretary shall provide for a special enrollment period under section 1837 of 7 months beginning with such effective month during which the individual may be enrolled under this part. (B) Coverage period In the case of such an individual who enrolls during such special enrollment period, the coverage period under section 1838 shall begin on the first day of the second month after the month in which the individual enrolls. (C) Effective month defined In this section, the term effective month means a month, not earlier than October 2014 and not later than January 2015, specified by the Secretary. (2) Reduction in late enrollment penalties for current enrollees and individuals enrolling during transition (A) In general In the case of a transition individual who is enrolled under this part as of the day before the first day of the effective month or who enrolls under this part on or after the date of the enactment of this subsection but before the end of the special enrollment period under paragraph (1)(A), the amount of the late enrollment penalty imposed under section 1839(b) shall be recalculated by reducing the penalty to 15 percent of the penalty otherwise established. (B) Application Subparagraph (A) shall be applied in the case of a transition individual who— (i) is enrolled under this part as of the month before the effective month, for premiums for months beginning with such effective month; or (ii) enrolls under this part on or after the date of the enactment of this Act and before the end of the special enrollment period under paragraph (1)(A), for premiums for months during the coverage period under this part which occur during or after the effective month. (C) Loss of reduction if individual terminates enrollment Subparagraph (A) shall not apply to a transition individual if the individual terminates enrollment under this part after the end of the special enrollment period under paragraph (1). (3) Transition individual defined In this section, the term transition individual means an individual who resides in Puerto Rico and who would have been deemed enrolled under this part pursuant to section 1837(f) before the first day of the effective month but for the fact that the individual was a resident of Puerto Rico, regardless of whether the individual is enrolled under this part as of such first day. . | https://www.govinfo.gov/content/pkg/BILLS-113hr670ih/xml/BILLS-113hr670ih.xml |
113-hr-671 | I 113th CONGRESS 1st Session H. R. 671 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Ms. Pingree of Maine (for herself, Mr. Michaud , Ms. Tsongas , Mr. Larsen of Washington , Mr. McGovern , Mrs. Capps , Mr. Grijalva , Mr. Rush , Mr. Honda , Mr. Lewis , Ms. Brownley of California , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to improve the disability compensation evaluation procedure of the Secretary of Veterans Affairs for veterans with mental health conditions related to military sexual trauma, and for other purposes.
1. Short title This Act may be cited as the Ruth Moore Act of 2013 . 2. Standard of proof for service-connection of mental health conditions related to military sexual trauma (a) Standard of proof Section 1154 of title 38, United States Code, is amended by adding at the end the following new subsection: (c) (1) In the case of any veteran who claims that a covered mental health condition was incurred in or aggravated by military sexual trauma during active military, naval, or air service, the Secretary shall accept as sufficient proof of service-connection a diagnosis of such mental health condition by a mental health professional together with satisfactory lay or other evidence of such trauma and an opinion by the mental health professional that such covered mental health condition is related to such military sexual trauma, if consistent with the circumstances, conditions, or hardships of such service, notwithstanding the fact that there is no official record of such incurrence or aggravation in such service, and, to that end, shall resolve every reasonable doubt in favor of the veteran. Service-connection of such covered mental health condition may be rebutted by clear and convincing evidence to the contrary. The reasons for granting or denying service-connection in each case shall be recorded in full. (2) For purposes of this subsection, in the absence of clear and convincing evidence to the contrary, and provided that the claimed military sexual trauma is consistent with the circumstances, conditions, or hardships of the veteran’s service, the veteran’s lay testimony alone may establish the occurrence of the claimed military sexual trauma. (3) In this subsection: (A) The term covered mental health condition means post-traumatic stress disorder, anxiety, depression, or other mental health diagnosis described in the current version of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association that the Secretary determines to be related to military sexual trauma. (B) The term military sexual trauma means, with respect to a veteran, psychological trauma, which in the judgment of a mental health professional, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred during active military, naval, or air service. . (b) Annual reports (1) In general Subchapter VI of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: 1164. Reports on claims for disabilities incurred or aggravated by military sexual trauma (a) Reports Not later than December 1, 2014, and each year thereafter through 2018, the Secretary shall submit to Congress a report on covered claims submitted during the previous fiscal year. (b) Elements Each report under subsection (a) shall include the following: (1) The number of covered claims submitted to or considered by the Secretary during the fiscal year covered by the report. (2) Of the covered claims listed under paragraph (1), the number and percentage of such claims— (A) submitted by each sex; (B) that were approved, including the number and percentage of such approved claims submitted by each sex; and (C) that were denied, including the number and percentage of such denied claims submitted by each sex. (3) Of the covered claims listed under paragraph (1) that were approved, the number and percentage, listed by each sex, of claims assigned to each rating percentage. (4) Of the covered claims listed under paragraph (1) that were denied— (A) the three most common reasons given by the Secretary under section 5104(b)(1) of this title for such denials; and (B) the number of denials that were based on the failure of a veteran to report for a medical examination. (5) The number of covered claims that, as of the end of the fiscal year covered by the report, are pending and, separately, the number of such claims on appeal. (6) For the fiscal year covered by the report, the average number of days that covered claims take to complete beginning on the date on which the claim is submitted. (7) A description of the training that the Secretary provides to employees of the Veterans Benefits Administration specifically with respect to covered claims, including the frequency, length, and content of such training. (c) Definitions In this section: (1) The term covered claims means claims for disability compensation submitted to the Secretary based on a covered mental health condition alleged to have been incurred or aggravated by military sexual trauma. (2) The term covered mental health condition has the meaning given that term in subparagraph (A) of section 1154(c)(3) of this title. (3) The term military sexual trauma has the meaning given that term in subparagraph (B) of such section. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1164. Annual reports on claims for disabilities incurred or aggravated by military sexual trauma. . (c) Effective date Subsection (c) of section 1154 of title 38, United States Code, as added by subsection (a), shall apply with respect to any claim for disability compensation under laws administered by the Secretary of Veterans Affairs for which no final decision has been made before the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr671ih/xml/BILLS-113hr671ih.xml |
113-hr-672 | I 113th CONGRESS 1st Session H. R. 672 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Rahall introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for increased Federal oversight of prescription opioid treatment and assistance to States in reducing opioid abuse, diversion, and deaths.
1. Short title This Act may be cited as the Prescription Drug Abuse Prevention and Treatment Act of 2013 . 2. Findings Congress makes the following findings: (1) Nonmedical use of prescription pain relievers is a matter of increasing public health concern. According to the Substance Abuse and Mental Health Services Administration, the proportion of all substance abuse treatment admissions aged 12 or older that reported any pain reliever abuse increased more than 400 percent between 1998 and 2008, from 2.2 to 9.8 percent. (2) In 2008, among the population of the United States aged 12 or older, nonmedical use of prescription pain relievers was the second most prevalent type of illicit drug use, after marijuana use. (3) When used properly under medical supervision, prescription opiates enable individuals with chronic pain to lead productive lives. However, when taken without a physician’s oversight and direction, opiates can cause serious adverse health effects, resulting in dependence, abuse, and death. (4) As with any controlled substance, there is a risk of abuse of methadone and other opiates. (5) Methadone is an extensively tested, federally approved, and widely accepted method of treating addiction to prescription pain relievers or opiates. (6) For more than 30 years, this synthetic prescription drug has been used for pain management and treatment for addiction to heroin, morphine, and other opioid drugs. (7) The efficacy and lower cost of methadone has resulted in its being prescribed for pain management. (8) Prescriptions for methadone have increased by nearly 700 percent from 1998 through 2006. (9) According to the Centers for Disease Control and Prevention, the number of poisoning deaths involving methadone increased nearly 7-fold from almost 790 in 1999 to almost 5,420 in 2006, which is the most rapid increase among opioid analgesics and other narcotics involved in poisoning deaths. (10) The age-specific rates of methadone death are higher for persons age 35 to 44 and 45 to 54 than for other age groups. However, the rate of methadone deaths in younger individuals (age 15 to 24) increased 11-fold from 1999 through 2005. (11) Deaths from methadone and other opiates may actually be underreported. There is no comprehensive database of drug-related deaths in the United States. (12) The lack of standardized reporting by Medical Examiners precludes a uniform definition of cause of death on death certificates. (13) The Controlled Substances Act ( 21 U.S.C. 801 et seq. ) requires that every person who dispenses or who proposes to dispense controlled narcotics, including methadone, whether for pain management or opioid treatment obtain a registration from Drug Enforcement Administration. Unfortunately there is no requirement as a condition of receiving the registration that these practitioners receive any education on the use of these controlled narcotics, including methadone. (14) Current Federal oversight of methadone and other opioids is inadequate to address the growing number of opioid-related overdoses and deaths. (15) Federal legislation is needed to avert opioid abuse, misuse, and death, without reducing patient access to needed care. 3. Consumer education campaign Part A of title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ) is amended by adding at the end the following: 506C. Consumer education campaign (a) In general The Administrator shall award grants to States and nonprofit entities for the purpose of conducting culturally sensitive consumer education about opioid abuse, including methadone abuse. Such education shall include information on the dangers of opioid abuse, how to prevent opioid abuse including through safe disposal of prescription medications and other safety precautions, and detection of early warning signs of addiction. (b) Eligibility To be eligible to receive a grant under subsection (a), an entity shall— (1) be a State or nonprofit entity; and (2) submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. (c) Priority In awarding grants under this section, the Administrator shall give priority to applicants that are States or communities with a high incidence of abuse of methadone and other opioids, and opioid-related deaths. (d) Evaluations The Administrator shall develop a process to evaluate the effectiveness of activities carried out by grantees under this section at reducing abuse of methadone and other opioids. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2014 through 2018. . 4. Practitioner education (a) Education requirements (1) Registration consideration Section 303(f) of the Controlled Substances Act ( 21 U.S.C. 823(f) ) is amended by inserting after paragraph (5) the following: (6) The applicant's compliance with the training requirements described in subsection (g)(3) during any previous period in which the applicant has been subject to such training requirements. . (2) Training requirements Section 303(g) of the Controlled Substances Act ( 21 U.S.C. 823(g) ) is amended by adding at the end the following: (3) (A) To be registered to prescribe or otherwise dispense methadone or other opioids, a practitioner described in paragraph (1) shall comply with the 16-hour training requirement of subparagraph (B) at least once during each 3-year period. (B) The training requirement of this subparagraph is that the practitioner has completed not less than 16 hours of training (through classroom situations, seminars at professional society meetings, electronic communications, or otherwise) with respect to— (i) the treatment and management of opioid-dependent patients; (ii) pain management treatment guidelines; and (iii) early detection of opioid addiction, including through such methods as Screening, Brief Intervention, and Referral to Treatment (SBIRT), that is provided by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, the American Academy of Pain Management, the American Pain Society, the American Academy of Pain Medicine, the American Board of Pain Medicine, the American Society of Interventional Pain Physicians, or any other organization that the Secretary determines is appropriate for purposes of this subparagraph. . (b) Requirements for participation in opioid treatment programs Effective July 1, 2014, a physician practicing in an opioid treatment program shall comply with the requirements of section 303(g)(3) of the Controlled Substances Act (as added by subsection (a)) with respect to required minimum training at least once during each 3-year period. (c) Definition In this section, the term opioid treatment program has the meaning given such term in section 8.2 of title 42, Code of Federal Regulations (or any successor regulation). (d) Funding The Drug Enforcement Administration shall fund the enforcement of the requirements specified in section 303(g)(3) of the Controlled Substances Act (as added by subsection (a)) through the use of a portion of the licensing fees paid by controlled substance prescribers under the Controlled Substances Act ( 21 U.S.C. 801 et seq. ). 5. Moratorium on methadone hydrochloride tablets (a) In general Notwithstanding any other provision of law, during the period beginning on the date of enactment of this Act and ending on the date described in subsection (b), no individual or entity may prescribe or otherwise dispense a 40-mg diskette of methadone unless such prescription or dispensation is consistent with the methadone 40-mg diskette policy of the Drug Enforcement Administration as in effect on the date of enactment of this Act, except that such prohibition shall extend to hospitals unless such hospitals provide for direct patient supervision with respect to such methadone. (b) Ending date of moratorium The moratorium under subsection (a) shall cease to have force and effect— (1) on the date that the Controlled Substances Clinical Standards Commission publishes in the Federal Register dosing guidelines for all forms of methadone, in accordance with section 506D(b)(1)(A) of the Public Health Service Act (as added by section 7); and (2) if, as part of such dosing guidelines, such Commission finds that 40-mg diskettes of methadone are safe and clinically appropriate. 6. Operation of opioid treatment programs Section 303 of the Controlled Substances Act ( 21 U.S.C. 823 ) is amended by adding at the end the following: (i) (1) An opioid treatment program that is registered under this section, and that closes for business on any weekday or weekend day, including a Federal or State holiday, shall comply with the requirements of this subsection. (2) The program shall make acceptable arrangements for each patient who is restricted, by Federal regulation or guideline or by the determination of the program medical director, from having a take home dose of a controlled substance related to the treatment involved, to receive a dose of that substance under appropriate supervision during the closure. (3) The Administrator of the Substance Abuse and Mental Health Services Administration shall issue a notice that references regulations on acceptable arrangements under this subsection, or shall promulgate regulations on such acceptable arrangements. . 7. Establishment of the Controlled Substances Clinical Standards Commission Part A of title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ), as amended by section 3, is further amended by adding at the end the following: 506D. Establishment of the Controlled Substances Clinical Standards Commission (a) In general The Secretary shall establish a Controlled Substances Clinical Standards Commission (referred to in this section as the Commission ), to be composed of representatives from the Administration, the Centers for Disease Control and Prevention, the Food and Drug Administration, the Pain Management Consortia of the National Institutes of Health, and other agencies that the Secretary may deem necessary, to develop— (1) appropriate and safe dosing guidelines for all forms of methadone, including recommendations for maximum daily doses of all forms as provided for in subsection (b)(1); (2) benchmark guidelines for the reduction of methadone abuse, as provided for in subsection (b)(2); (3) appropriate conversion factors for use by health care providers in transitioning patients from one opioid to another; (4) specific guidelines for initiating pain management with methadone that prescribing practitioners shall comply with in order to meet certification requirements set forth in part C of the Controlled Substances Act ( 21 U.S.C. 821 et seq. ); and (5) patient and practitioner education guidelines for both methadone maintenance therapy and pain management that apply to safe and effective use and include detoxification. (b) Guidelines (1) Publication of dosing guidelines (A) In general Not later than 2 years after the date of enactment of this section, the Commission established under subsection (a) shall publish in the Federal Register— (i) safe and clinically appropriate dosing guidelines for all forms of methadone used for both pain management and opioid treatment programs, including recommendations for maximum daily doses of all forms, including recommendations for the induction process for patients who are newly prescribed methadone; (ii) requirements for individual patient care plans, including initial and follow-up patient physical examination guidelines, and recommendations for screening patients for chronic or acute medical conditions that may cause an immediate and adverse reaction to methadone; (iii) appropriate conversion factors for use by health care providers in transitioning patients from one opioid to another; (iv) specific guidelines for initiating pain management with methadone, that prescribing physicians or other clinicians shall comply with in order to meet Drug Enforcement Administration certification and re-certification requirements; and (v) consensus guidelines for pain management with prescription opioid drugs. (B) Updating of guidelines Not later than 3 years after the publication of guidelines under subparagraph (A), and at least every 3 years thereafter, the Commission shall update such guidelines. (2) Publication of benchmark guidelines (A) In general Not later than 3 years after the date of enactment of this section, the Commission established under subsection (a) shall publish in the Federal Register— (i) the initial benchmark guidelines for the reduction of methadone abuse to be used— (I) by opioid treatment programs in providing methadone therapy; and (II) by entities in the initial accreditation or certification, and the re-accreditation and re-certification, of such opioid treatment programs; (ii) a model policy for dispensing methadone to be used by pharmacists that dispense methadone, which should include education and training guidelines for such pharmacists; (iii) the continuing education guidelines that all prescribers shall comply with in order to meet Drug Enforcement Administration certification and re-certification requirements, as set forth in section 303(g)(3) of the Controlled Substances Act ( 21 U.S.C. 823(g)(3) ), which should include a minimum of 16 training hours at least every 3 years that include the integration of both addiction and pain management curricula; and (iv) patient education guidelines for both opioid treatment programs and pain management, including recommendations for patient counseling prior to and during opioid addiction treatment or treatment for pain. (B) Updating of guidelines Not later than 1 year after the publication of guidelines under subparagraph (A), and at least annually thereafter, the Commission shall update the guidelines published under clauses (iii) and (iv) of such subparagraph. (3) Consultation In developing and publishing the guidelines under this section, the Commission shall consult with relevant professional organizations with expertise in the area of addiction, relevant professional organizations with expertise in the area of pain management, physician groups, pharmacy groups (including the National Association of Boards of Pharmacy), patient representatives, and any other organization that the Secretary determines is appropriate for purposes of this section. (c) Website Not later than 180 days after the date of enactment of this section, the Commission shall establish and operate a Commission website. (d) Methadone toolkit Not later than 1 year after the date of enactment of this section, the Commission shall establish, and distribute to practitioners that are registered to prescribe or otherwise dispense methadone, a methadone toolkit. The Commission shall make the components of the toolkit that are available in electronic form available on the Commission website. (e) Practitioner education program The Commission shall develop a practitioner education program that shall be used for the practitioner education described in section 303(g)(3) of the Controlled Substances Act, and shall make such program available to providers of such practitioner education. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018. . 8. Prescription monitoring program Section 399O of the Public Health Service Act ( 42 U.S.C. 280g–3 ) is amended— (1) in subsection (d)(1), by inserting (including prescribers of methadone) after dispensers ; (2) in subsection (e), by adding at the end the following: (5) Subject to the requirements of section 543, the State shall, at the request of a Federal, State, or local officer whose duties include enforcing laws relating to drugs, provide to such officer information from the database relating to an individual who is the subject of an active drug-related investigation conducted by the officer's employing government entity. ; and (3) by striking subsection (n) and inserting the following: (n) Appropriations There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2014 through 2018. . 9. Mortality reporting Part A of title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ), as amended by section 7, is further amended by adding at the end the following: 506E. Mortality reporting (a) Model Opioid Treatment Program Mortality Report (1) In general Not later than July 1, 2014, the Secretary, acting through the Administrator, shall require that a Model Opioid Treatment Program Mortality Report be completed and submitted to the Administrator for each individual who dies while receiving treatment in an opioid treatment program. (2) Requirement of States that receive funding for the Controlled Substance Monitoring Program As a condition for receiving funds under section 399O, each State shall require that any individual who signs a death certificate where an opioid drug is detected in the body of the deceased, or where such drug is otherwise associated with the death, report such death to the Administrator by submitting a Model Opioid Treatment Program Mortality Report described in paragraph (3). Such report shall be submitted to the Administrator on or before the later of— (A) 90 days after the date of signing the death certificate; or (B) as soon as practicable after the date on which the necessary postmortem and toxicology reports become available to such individual, as required by the Secretary. (3) Development The Administrator, in consultation with State and local medical examiners, prescribing physicians, hospitals, and any other organization that the Administrator determines appropriate, shall develop a Model Opioid Treatment Program Mortality Report to be used under paragraphs (1) and (2). (b) National Opioid Death Registry (1) In general Not later than July 1, 2014, the Administrator shall establish and implement, through the National Center for Health Statistics, a National Opioid Death Registry (referred to in this subsection as the Registry ) to track opioid-related deaths and information related to such deaths. (2) Consultation In establishing the uniform reporting criteria for the Registry, the Director of the Centers for Disease Control and Prevention shall consult with the Administrator, State and local medical examiners, prescribing physicians, hospitals, and any other organization that the Director determines is appropriate for purposes of this subsection. (3) Requirements The registry shall be designed as a uniform reporting system for opioid-related deaths and shall require the reporting of information with respect to such deaths, including— (A) the particular drug formulation used at the time of death; (B) the dosage level; (C) a description of the circumstances surrounding the death in relation to the recommended dosage involved; (D) a disclosure of whether the medication involved can be traced back to a physician’s prescription; (E) a disclosure of whether the individual was in an opioid treatment program at the time of death; (F) the age and sex of the individual; and (G) other non-personal information such as that included in filed National Association of Medical Examiners Pediatric Toxicology Registry case reports as required under the privacy standard for the de-identification of health information pursuant to the regulations contained in part 164 of title 45, Code of Federal Regulations. (4) Authorization There is authorized to be appropriated $5,000,000 for each of fiscal years 2014 through 2018 to carry out this subsection. (c) Report on Registry information Not later than the January 1 of the first fiscal year beginning 2 years after the date of enactment of this section, and each January 1 thereafter, the Director of the Centers for Disease Control and Prevention shall submit to the Secretary a report, based on information contained in the Registry described in subsection (b), concerning the number of methadone-related deaths in the United States for the year for which the report is submitted. . 10. Additional reporting Part A of title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ), as amended by section 9, is further amended by adding at the end the following: 506F. Additional reporting (a) Report on methadone usage (1) In general Not later than January 1 of the first fiscal year beginning 2 years after the date of enactment of this section, and each January 1 thereafter, the Administrator and the Commissioner of Food and Drugs shall submit to the Secretary a report containing detailed statistics on methadone usage for opioid treatment and pain management. Such statistics shall include— (A) information on the distribution of prescribed doses of methadone at federally qualified health centers, opioid treatment clinics, other health-related clinics, physician offices, pharmacies, and hospitals; and (B) information relating to adverse health events resulting from such methadone usage. (2) Availability of information The Secretary shall make the reports submitted under paragraph (1) available to the general public, including through the use of the Internet website of the Department of Health and Human Services. (b) Annual report on effectiveness Not later than September 30, 2014, and annually thereafter until September 30, 2016, the Secretary shall submit to the appropriate committees of Congress, a report concerning the effectiveness of the methadone maintenance therapy program. Such report shall evaluate the success of efforts to reduce opioid addiction and methadone-related deaths, including the impact of health care provider and patient education. (c) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2014 through 2018. . 11. Development of prescription drug abuse prevention and treatment quality measures across each relevant provider setting Subpart I of part D of title IX of the Public Health Service Act ( 42 U.S.C. 299b-31 et seq. ) is amended by adding at the end the following: 932. Development of prescription drug abuse prevention and treatment quality measures across each relevant provider setting (a) In general The Secretary, acting through the Director of the Agency for Healthcare Research and Quality and in consultation with the Director of the Centers for Disease Control and Prevention, the Administrator of the Substance Abuse and Mental Health Services Administration, and the Director of the Centers for Medicare & Medicaid Services, shall require the development and application of specific prescription drug abuse prevention and treatment quality measures for each relevant health care provider setting, as identified by the Director. (b) Dissemination Not later than April 1, 2016, the Secretary shall disseminate the quality measure requirements developed under subsection (a) to all affected providers. (c) Types of measures Quality measures developed under this section may be structure-oriented (such as the required presence of a hospital-based treatment program), process-oriented (such as requiring patients to be informed of the addictive qualities of the medication being prescribed), or outcome-oriented (such as assessing family satisfaction with care). . | https://www.govinfo.gov/content/pkg/BILLS-113hr672ih/xml/BILLS-113hr672ih.xml |
113-hr-673 | I 113th CONGRESS 1st Session H. R. 673 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Ms. Ros-Lehtinen (for herself, Mr. Chabot , Mr. Connolly , Mr. Lance , Mr. Franks of Arizona , Mr. Wilson of South Carolina , Mr. Bilirakis , Mr. Weber of Texas , and Mr. Duncan of South Carolina ) introduced the following bill; which was referred to the Committee on Foreign Affairs , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To continue restrictions against and prohibit diplomatic recognition of the Government of North Korea, and for other purposes.
1. Short title This Act may be cited as the North Korea Sanctions and Diplomatic Nonrecognition Act of 2013 . 2. Findings Congress finds the following: (1) North Korean negotiators in the Six-Party diplomatic process did not act in good faith by their refusal to agree to a transparent verification process for denuclearization consistent with international standards , including provisions for nuclear sampling, following North Korea’s removal on October 11, 2008, from the list of state sponsors of terrorism maintained by the Department of State. (2) International press reports indicate that North Korea has continued to provide support to Iran in the areas of missile technology and nuclear development and has provided Iran’s surrogates, Hezbollah and Hamas, with both missile technology and training in tunneling techniques with which to attack Israel, an ally of the United States. (3) International press reports indicate that North Korea was engaged for a number of years in assistance to Syria in the construction of a nuclear reactor in the Syrian desert which was destroyed in a strike by Israeli forces on September 6, 2007. (4) North Korean negotiators continue to refuse to address in a humane and sincere manner the issue of the abduction of civilians of Japan and the Republic of Korea, both allies of the United States, as well as the abductions of citizens from a number of other countries, including France, Lebanon, Romania, and Thailand. (5) Defectors coming out of North Korea have provided testimony that United States permanent resident, Reverend Kim Dong-shik, the spouse and father of United States citizens, was tortured and murdered inside North Korea after his abduction by Pyongyang’s agents on the Chinese border in January 2000 and that his remains are currently being held at a military facility inside North Korea. (6) Congress authoritatively expressed its view, in section 202(b)(2) of the North Korean Human Rights Act of 2004 ( Public Law 108–333 ; 22 U.S.C. 7832(b)(2) ) that United States nonhumanitarian assistance to North Korea shall be contingent on North Korea’s substantial progress on human rights improvements, release of and accounting for abductees, family reunification, reform of North Korea’s labor camp system, and the decriminalization of political expression, none of which has occurred. (7) Congress further authoritatively expressed its view, in section 2 of the North Korean Human Rights Reauthorization Act of 2008 ( Public Law 110–346 ) that human rights and humanitarian conditions inside North Korea are deplorable and that North Korean refugees remain acutely vulnerable . (8) Congress has determined that any missile test or launch conducted by North Korea would be in direct violation of United Nations Security Council resolution 1695, adopted on July 16, 2006, which condemns the multiple launches by the DPRK (North Korea) of ballistic missiles on July 5 2006 local time , and United Nations Security Council Resolution 1718, adopted on October 9, 2006, which demands that the DPRK (North Korea) not conduct any further nuclear test or launch of a ballistic missile and decides that the DPRK shall suspend all activities related to its ballistic missile programme and in this context re-establish its pre-existing commitments to a moratorium on missile launching , and further determines that the resulting sanctions imposed under such resolution 1718 would again come into full effect following a missile test or launch. (9) Congress has further determined that a return by North Korea to the Six-Party diplomatic process following any missile test or launch by Pyongyang must include a firm and transparent commitment to the complete, verifiable and irreversible dismantlement of all of North Korea’s nuclear programs, including those derived both from plutonium as well as highly enriched uranium. (10) Japanese press reports have indicated that a delegation of approximately fifteen Iranian missile experts arrived in North Korea in March 2009 to help Pyongyang prepare for a rocket launch , including senior officials with the Iranian rocket and satellite producer Shahid Hemmat Industrial Group, and that they brought with them a letter from their President Mahmoud Ahmadinejad to North Korean leader Kim Jong-Il stressing the importance of cooperating on space technology. (11) North Korea, in defiance of the international community’s efforts to end nuclear proliferation and in violation of its international obligations, conducted a second underground nuclear test on May 25, 2009 (local time), in violation of United Nations Security Council Resolution 1718, which resulted in the passage of United Nations Security Council Resolution 1874 on June 12, 2009, which imposed additional sanctions and inspection requirements with regard to North Korea. (12) North Korea, according to Western press reports, transshipped missile parts, used to run Iran’s solid fuel ballistic missile program, to Tehran via Air Iran flights which landed in Beijing, China in 2007. (13) Press reports in March 2011 indicated that opposition forces in Libya, when they took positions from Qaddafi forces, discovered North Korean weapons caches, including rockets and anti-aircraft guns, unpacked from crates labeled “bulldozer parts,” which would represent a clear violation of United Nations sanctions. (14) On August 16, 2012, the President signed into law the Ambassador James R. Lilley and Congressman Stephen J. Solarz North Korea Human Rights Reauthorization Act of 2012 ( Public Law 112–172 ). (15) Congress further authoritatively expressed its view in section 2 of Public Law 112–172 that although the transition to the leadership of Kim Jong-Un after the death of Kim Jong-Il has introduced new uncertainties and possibilities, the fundamental human rights and humanitarian conditions inside North Korea remain deplorable, North Korean refugees remain acutely vulnerable, and the findings in the 2004 Act and 2008 Reauthorization remain substantially accurate today. . (16) Notwithstanding the succession of Kim Jong-Un as supreme leader of North Korea following the death of his father in December 2011, Pyongyang has continued a policy of horrendous human rights violations, including the issuance of new shoot to kill orders for refugees attempting to cross the border into China and an increased reliance on public executions to intimidate the North Korean populace. (17) The new Kim Jong-Un regime also displayed duplicity in its negotiations with the United States and other Six-Party partners by launching a missile in April 2012 in direct violation of its Leap Day Agreement to carry out a moratorium on nuclear and long-range missile tests. (18) Pyongyang defied the international community and relevant United Nations Security Council resolutions by launching a long-range missile on December 12, 2012, resulting in the unanimous passage of United Nations Security Council Resolution 2087 on January 22, 2013. (19) The regime in Pyongyang further defied the international community and relevant United Nations Security Council resolutions by conducting a nuclear test on February 12, 2013. (20) According to the United States Geological Survey, seismic activity was detected in North Korea with an earthquake measuring 4.9 magnitude, larger than the 2006 and 2009 explosions, and the epicenter of the quake was close to a North Korean nuclear test site. 3. Continuation of restrictions against the Government of North Korea (a) Finding Congress finds that subsequent to the decision of the Secretary of State on October 11, 2008, to rescind the designation of North Korea as a state sponsor of terrorism, North Korea has committed acts that can be defined as international terrorism or as highly provocative, including— (1) the dispatch of a covert team of two North Korean military-trained agents to South Korea with orders to assassinate the late North Korean defector Hwang Jang-yop who were apprehended by South Korean officials in April 2010; (2) complicity in the sinking of the South Korean naval vessel Cheonan on March 26, 2010, which resulted in the deaths of 46 South Korean naval personnel; (3) the shipment of weapons by North Korea, seized in Bangkok in December 2009, which were bound for delivery to foreign terrorist organizations Hezbollah and Hamas, according to a statement made by Israeli Foreign Minister Avigdor Lieberman in Tokyo on May 12, 2010; (4) the sudden and unprovoked bombardment by North Korean artillery of the civilian-populated South Korean island of Yeonpyeong-do on November 23, 2010, which resulted in the deaths of two South Korean civilians and two Republic of Korea (ROK) marines; and (5) the sentencing by Seoul Central District Court in January 2011 of North Korean agent Ri Dong Sam to 10 years in prison for impersonating a refugee in August 2010 to enter South Korea under orders to assassinate leading North Korean defector Hwang Jang-yop. (b) Continuation of restrictions Notwithstanding the decision by the Secretary of State on October 11, 2008, to rescind the designation of North Korea as a state sponsor of terrorism, and in light of the congressional finding described in subsection (a), restrictions against the Government of North Korea that were imposed by reason of a determination of the Secretary of State that the Government of North Korea is a state sponsor of terrorism, as well as sanctions against the Government of North Korea (including sanctions that ban the importation into the United States of North Korean products and goods), that are in effect as of the date of the enactment of this Act shall remain in effect, and shall not be lifted, unless the President makes the certification described in subsection (c). (c) Certification The certification referred to in subsection (b) is a certification to Congress containing a determination of the President that the Government of North Korea— (1) is no longer engaged in the illegal transfer of missile or nuclear technology, particularly to the governments of Iran, Syria, or any other state sponsor of terrorism, or to Burma; (2) is no longer engaged in training in combat operations or tunneling, or harboring, supplying, financing, or supporting in any way— (A) Hamas, Hezbollah, the Japanese Red Army, or any member of such organizations; (B) any organization designated by the Secretary of State as a foreign terrorist organization in accordance with section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ); and (C) any person included on the annex to Executive Order 13224 (September 21, 2001) and any other person identified under section 1 of that Executive Order whose property and interests are blocked by that section (commonly known as a specially designated global terrorist ); (3) is no longer engaged in the counterfeiting of United States currency supernotes ; (4) is no longer engaged in the international trafficking of illicit narcotics into the United States, Japan, Australia, or other allied countries of the United States; (5) has returned the last remains of United States permanent resident, Reverend Kim Dong-shik, to his United States citizen widow, family, and church members, so that he may be provided with a proper Christian burial in Chicago; (6) has released the Japanese nationals recognized as abduction victims by the Government of Japan as well as abduction victims recognized by the Government of the Republic of Korea; (7) has released an estimated 600 surviving South Korean POWs, and any other surviving POWs from the Korean War, who have been held in North Korea against their will and in violation of the Armistice Agreement since hostilities ended in July 1953; (8) has made concrete provisions for unrestricted family reunification meetings for those individuals among the two-million strong Korean-American community who maintain family ties with relatives inside North Korea; (9) has opened the North Korean penal system, including the gulag of concentration camps holding an estimated 200,000 political and religious prisoners, to unrestricted and regular visits by representatives of the International Committee of the Red Cross (ICRC); (10) has made provision for unrestricted and regular access by representatives of the United National High Commissioner for Refugees to refugees forcibly repatriated to North Korea to determine their general health and welfare; (11) has made concrete provisions for unrestricted contact, including direct communications and meetings, between representatives of international and South Korean religious organizations, including Christians and Buddhists, and their co-believers inside North Korea; and (12) has offered apologies to the government and people of the Republic of Korea for the deaths that North Korea inflicted due to the unprovoked attacks on the South Korean naval vessel Cheonan on March 26, 2010, and on the island of Yeonpyeong-do on November 23, 2010. (d) Sense of Congress It is the sense of Congress that, in light of the congressional finding described in subsection (a), the Secretary of State should redesignate North Korea as a state sponsor of terrorism immediately upon the date of the enactment of this Act. (e) State sponsor of terrorism defined In this section, the term state sponsor of terrorism means any country the government of which the Secretary of State determines has repeatedly provided support for acts of international terrorism pursuant to section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law. 4. Continuation of diplomatic nonrecognition of North Korea (a) Finding Congress finds that the United States did not grant diplomatic recognition to North Korea upon its establishment as a client regime of the former Soviet Union in 1948. The United States has consistently continued to withhold such formal diplomatic recognition during the 61 years since the sudden and unprovoked attack by North Korean forces on the Republic of Korea on June 25, 1950, an attack which led directly to the Korean War and the deaths of over 36,000 United States military personnel as well as at least 2,000,000 Koreans and over 3,000 soldiers from Allied countries. (b) Continuation of diplomatic nonrecognition No funds may be expended for the establishment of a United States diplomatic presence in North Korea, including an Embassy, Consulate, or liaison office, until such time as the President certifies to Congress that the Government of North Korea has met all of the benchmarks specified in section 3. 5. International response to a North Korean missile launch or nuclear test Given North Korea’s third nuclear weapons test on February 12, 2013, in violation of United Nations Security Council Resolutions 1695, 1718, 1874, and 2087, the President shall instruct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States to secure adoption of a United Nations Security Council resolution condemning North Korea’s action as a violation of United Nations Security Council Resolutions 1695, 1718, 1874, and 2087 and requiring the implementation of comprehensive sanctions and an inspection regime against North Korea. | https://www.govinfo.gov/content/pkg/BILLS-113hr673ih/xml/BILLS-113hr673ih.xml |
113-hr-674 | I 113th CONGRESS 1st Session H. R. 674 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Sablan (for himself, Mr. Grijalva , Ms. Bordallo , Mrs. Napolitano , Mr. Young of Alaska , and Mr. Markey ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to study the suitability and feasibility of designating prehistoric, historic, and limestone forest sites on Rota, Commonwealth of the Northern Mariana Islands, as a unit of the National Park System.
1. Short title; findings (a) Short title This Act may be cited as the Rota Cultural and Natural Resources Study Act . (b) Findings Congress finds as follows: (1) The island of Rota was the only major island in the Mariana Islands to be spared the destruction and large scale land use changes brought about by World War II. (2) The island of Rota has been described by professional archeologists as having the most numerous, most intact, and generally the most unique prehistoric sites of any of the islands of the Mariana Archipelago. (3) The island of Rota contains remaining examples of what is known as the Latte Phase of the cultural tradition of the indigenous Chamorro people of the Mariana Islands. Latte stone houses are remnants of the ancient Chamorro culture. (4) Four prehistoric sites are listed on the National Register of Historic Places: Monchon Archeological District (also known locally as Monchon Latte Stone Village), Taga Latte Stone Quarry, the Dugi Archeological Site that contains latte stone structures, and the Chugai Pictograph Cave that contains examples of ancient Chamorro rock art. Alaguan Bay Ancient Village is another latte stone prehistoric site that is surrounded by tall-canopy limestone forest. (5) In addition to prehistoric sites, the island of Rota boasts historic sites remaining from the Japanese period (1914–1945). Several of these sites are on the National Register of Historic Places: Nanyo Kohatsu Kabushiki Kaisha Sugar Mill, Japanese Coastal Defense Gun, and the Japanese Hospital. (6) The island of Rota’s natural resources are significant because of the extent and intact condition of its native limestone forest that provides habitat for several federally endangered listed species, the Mariana crow, and the Rota bridled white-eye birds, that are also native to the island of Rota. Three endangered plant species are also found on Rota and two are endemic to the island. (7) Because of the significant cultural and natural resources listed above, on September 2005, the National Park Service, Pacific West Region, completed a preliminary resource assessment on the island of Rota, Commonwealth of the Northern Mariana Islands, which determined that the “establishment of a unit of the national park system appear[ed] to be the best way to ensure the long term protection of Rota’s most important cultural resources and its best examples of its native limestone forest.”. 2. NPS study of sites on the island of Rota, Commonwealth of the Northern Mariana Islands (a) Study The Secretary of the Interior shall— (1) carry out a study regarding the suitability and feasibility of designating prehistoric, historic, and limestone forest sites on the island of Rota, Commonwealth of the Northern Mariana Islands, as a unit of the National Park System; and (2) consider management alternatives for the island of Rota, Commonwealth of the Northern Mariana Islands. (b) Study Process and Completion Except as provided by subsection (c) of this section, section 8(c) of Public Law 91–383 ( 16 U.S.C. 1a–5(c) ) shall apply to the conduct and completion of the study required by this section. (c) Submission of Study Results Not later than 3 years after the date that funds are made available for this section, the Secretary 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 the results of the study. | https://www.govinfo.gov/content/pkg/BILLS-113hr674ih/xml/BILLS-113hr674ih.xml |
113-hr-675 | I 113th CONGRESS 1st Session H. R. 675 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Ms. Schakowsky introduced the following bill; which was referred to the Committee on Education and the Workforce , and in addition to the Committees on Ways and Means , House Administration , 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 extend protections to part-time workers in the areas of employer-provided health insurance, family and medical leave, and pension plans.
1. Short title This Act may be cited as the Part-Time Worker Bill of Rights Act of 2013 . 2. Extension of employer health insurance coverage mandate to part-time employees (a) Large employers not offering health coverage (1) In general Subsection (a) of section 4980H of the Internal Revenue Code of 1986 is amended— (A) by striking full-time employees in paragraph (1) and inserting employees , (B) by striking full-time employee in paragraph (2) and inserting employee , and (C) by striking hereby imposed on the employer and all that follows and inserting hereby imposed on the employer, with respect to each employee employed by the employer during such month, an assessable payment equal to the applicable payment amount with respect to such employee. . (2) Proration of applicable payment amount for part-time employees Paragraph (1) of section 4980H(c) of such Code is amended to read as follows: (1) Applicable payment amount The term applicable payment amount means, with respect to any employee for any month— (A) in the case of a full-time employee, 1/12 of $2,000, and (B) in the case of any other employee, the amount which bears the same ratio to the amount determined under subparagraph (A) as— (i) the average hours of service per week of such employee for such month, bears to (ii) 30. . (b) Large employers offering coverage with employees who qualify for premium tax credits or cost-Sharing reductions (1) In general Paragraph (1) of section 4980H(b) of such Code is amended— (A) by striking full-time employees each place it appears in subparagraphs (A) and (B) and inserting employees , and (B) by striking hereby imposed on the employer and all that follows and inserting hereby imposed on the employer, with respect to each employee described in subparagraph (B) for such month, an assessable payment equal to 1/12 of $3,000. . (2) Proration for part-time employees Subsection (b) of section 4980H of such Code is amended by adding at the end the following new paragraph: (3) Proration for part-time employees In the case of any employee other than a full-time employee, paragraph (1) shall be applied by substituting for $3,000 the dollar amount which bears the same ratio to $3,000 as— (A) the average hours of service per week of such employee for the month with respect to which such paragraph applies, bears to (B) 30. . (3) Application of overall limitation Paragraph (2) of section 4980H(b) of such Code is amended to read as follows: (2) Overall limitation The aggregate amount of tax determined under paragraph (1) with respect to any applicable large employer for any month shall not exceed the aggregate amount of tax which would have been determined under subsection (a) with respect to such employer for such month if such employer were described in subsection (a)(1). . (c) Application of hours of service rules Subparagraph (B) of section 4980H(c)(4) of such Code is amended by striking for the application of this paragraph to and inserting with respect to . (d) Effective date The amendments made by this section shall apply to months beginning after December 31, 2013. 3. Elimination of hours of service requirement for FMLA leave (a) Amendment Section 101(2)(A) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(2)(A) ) is amended to read as follows: (A) In general The term eligible employee means an employee who has been employed, either as a full-time or part-time employee, for at least 12 months by the employer with respect to whom leave is requested under section 102. . (b) Effective date The amendment made by subsection (a) shall take effect beginning on the date that is one year after the date of enactment of this Act. 4. Treatment of employees working at less than full-time under participation, vesting, and accrual rules governing pension plans (a) Participation rules (1) In general Section 202(a)(3) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1052(a)(3) ) is amended by adding at the end the following new subparagraph: (E) (i) For purposes of this paragraph, in the case of any employee who, as of the beginning of the 12-month period referred to in subparagraph (A)— (I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or (II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 500 hours of service within such period shall be treated as completion of 1,000 hours of service. (ii) For purposes of this subparagraph, the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan. . (2) Conforming amendment Section 204(b)(1)(E) of such Act (29 U.S.C. 1054(b)(1)(E)) is amended by striking section 202(a)(3)(A) and inserting subparagraphs (A) and (E) of section 202(a)(3) . (b) Vesting rules (1) In general Section 203(b)(2) of such Act ( 29 U.S.C. 1053(b)(2) ) is amended by adding at the end the following new subparagraph: (E) (i) For purposes of this paragraph, in the case of any employee who, as of the beginning of the period designated by the plan pursuant to subparagraph (A)— (I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or (II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 500 hours of service within such period shall be treated as completion of 1,000 hours of service. (ii) For purposes of this subparagraph, the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan. . (2) 1-year breaks in service Section 203(b)(3) of such Act ( 29 U.S.C. 1053(b)(3) ) is amended by adding at the end the following new subparagraph: (F) (i) For purposes of this paragraph, in the case of any employee who, as of the beginning of the period designated by the plan pursuant to subparagraph (A)— (I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or (II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 250 hours of service within such period shall be treated as completion of 500 hours of service. (ii) For purposes of this subparagraph, the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan. . (c) Accrual rules Section 204(b)(4)(C) of such Act ( 29 U.S.C. 1054(b)(4)(C) ) is amended— (1) by inserting (i) after (C) ; and (2) by adding at the end the following new clauses: (ii) For purposes of this subparagraph, in the case of any employee who, as of the beginning of the period designated by the plan pursuant to clause (i)— (I) has customarily completed 500 or more hours of service per year but less than 1,000 hours of service per year, or (II) is employed in a type of position in which employment customarily constitutes 500 or more hours of service per year but less than 1,000 hours of service per year, completion of 500 hours of service within such period shall be treated as completion of 1,000 hours of service. (iii) For purposes of clause (ii), the extent to which employment in any type of position customarily constitutes less than 1,000 hours of service per year shall be determined with respect to each pension plan in accordance with such regulations as the Secretary may prescribe providing for consideration of facts and circumstances peculiar to the work-force constituting the participants in such plan. . (d) Effective dates (1) In general Except as provided in subsection (b), the amendments made by this section shall apply with respect to plan years beginning on or after the date that is one year after the date of the enactment of this Act. (2) Special rule for collectively bargained plans In the case of a plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified on or before the date of the enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the later of— (A) the earlier of— (i) the date on which the last of the collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of the enactment of this Act); or (ii) the date that is 3 years after the date of the enactment of this Act; or (B) the date that is 1 year after the date of the enactment of this Act. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. | https://www.govinfo.gov/content/pkg/BILLS-113hr675ih/xml/BILLS-113hr675ih.xml |
113-hr-676 | I 113th CONGRESS 1st Session H. R. 676 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Conyers (for himself, Mr. Nadler , Ms. Schakowsky , Ms. Pingree of Maine , Mr. Grijalva , Mr. Ellison , Mr. Johnson of Georgia , Ms. Eddie Bernice Johnson of Texas , Mr. Takano , Ms. Norton , Ms. Lofgren , Mr. Rangel , Ms. Moore , Ms. Chu , Mr. Al Green of Texas , Mr. Farr , Mr. McGovern , Mr. Welch , Ms. Clarke , Ms. Lee of California , Mr. Nolan , Mr. Pocan , Mr. Doyle , Mr. Engel , Mr. Gutierrez , Ms. Wilson of Florida , Mr. Cohen , Ms. Edwards , Mr. McDermott , Mr. Clay , Mr. Huffman , Ms. Roybal-Allard , Mr. Cummings , Mr. Yarmuth , Mr. George Miller of California , Mr. Honda , Mrs. Christensen , and Mr. Rush ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means 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 comprehensive health insurance coverage for all United States residents, improved health care delivery, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Expanded & Improved Medicare For All Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions and terms. Title I—ELIGIBILITY AND BENEFITS Sec. 101. Eligibility and registration. Sec. 102. Benefits and portability. Sec. 103. Qualification of participating providers. Sec. 104. Prohibition against duplicating coverage. Title II—FINANCES Subtitle A—Budgeting and Payments Sec. 201. Budgeting process. Sec. 202. Payment of providers and health care clinicians. Sec. 203. Payment for long-term care. Sec. 204. Mental health services. Sec. 205. Payment for prescription medications, medical supplies, and medically necessary assistive equipment. Sec. 206. Consultation in establishing reimbursement levels. Subtitle B—Funding Sec. 211. Overview: funding the Medicare For All Program. Sec. 212. Appropriations for existing programs. Title III—ADMINISTRATION Sec. 301. Public administration; appointment of Director. Sec. 302. Office of Quality Control. Sec. 303. Regional and State administration; employment of displaced clerical workers. Sec. 304. Confidential electronic patient record system. Sec. 305. National Board of Universal Quality and Access. Title IV—ADDITIONAL PROVISIONS Sec. 401. Treatment of VA and IHS health programs. Sec. 402. Public health and prevention. Sec. 403. Reduction in health disparities. Title V—EFFECTIVE DATE Sec. 501. Effective date. 2. Definitions and terms In this Act: (1) Medicare For All Program; program The terms Medicare For All Program and Program mean the program of benefits provided under this Act and, unless the context otherwise requires, the Secretary with respect to functions relating to carrying out such program. (2) National board of universal quality and access The term National Board of Universal Quality and Access means such Board established under section 305. (3) Regional office The term regional office means a regional office established under section 303. (4) Secretary The term Secretary means the Secretary of Health and Human Services. (5) Director The term Director means, in relation to the Program, the Director appointed under section 301. I ELIGIBILITY AND BENEFITS 101. Eligibility and registration (a) In general All individuals residing in the United States (including any territory of the United States) are covered under the Medicare For All Program entitling them to a universal, best quality standard of care. Each such individual shall receive a card with a unique number in the mail. An individual’s Social Security number shall not be used for purposes of registration under this section. (b) Registration Individuals and families shall receive a Medicare For All Program Card in the mail, after filling out a Medicare For All Program application form at a health care provider. Such application form shall be no more than 2 pages long. (c) Presumption Individuals who present themselves for covered services from a participating provider shall be presumed to be eligible for benefits under this Act, but shall complete an application for benefits in order to receive a Medicare For All Program Card and have payment made for such benefits. (d) Residency criteria The Secretary shall promulgate a rule that provides criteria for determining residency for eligibility purposes under the Medicare For All Program. (e) Coverage for visitors The Secretary shall promulgate a rule regarding visitors from other countries who seek premeditated non-emergency surgical procedures. Such a rule should facilitate the establishment of country-to-country reimbursement arrangements or self pay arrangements between the visitor and the provider of care. 102. Benefits and portability (a) In general The health care benefits under this Act cover all medically necessary services, including at least the following: (1) Primary care and prevention. (2) Approved dietary and nutritional therapies. (3) Inpatient care. (4) Outpatient care. (5) Emergency care. (6) Prescription drugs. (7) Durable medical equipment. (8) Long-term care. (9) Palliative care. (10) Mental health services. (11) The full scope of dental services, services, including periodontics, oral surgery, and endodontics, but not including cosmetic dentistry. (12) Substance abuse treatment services. (13) Chiropractic services, not including electrical stimulation. (14) Basic vision care and vision correction (other than laser vision correction for cosmetic purposes). (15) Hearing services, including coverage of hearing aids. (16) Podiatric care. (b) Portability Such benefits are available through any licensed health care clinician anywhere in the United States that is legally qualified to provide the benefits. (c) No cost-Sharing No deductibles, copayments, coinsurance, or other cost-sharing shall be imposed with respect to covered benefits. 103. Qualification of participating providers (a) Requirement To be public or non-Profit (1) In general No institution may be a participating provider unless it is a public or not-for-profit institution. Private physicians, private clinics, and private health care providers shall continue to operate as private entities, but are prohibited from being investor owned. (2) Conversion of investor-owned providers For-profit providers of care opting to participate shall be required to convert to not-for-profit status. (3) Private delivery of care requirement For-profit providers of care that convert to non-profit status shall remain privately owned and operated entities. (4) Compensation for conversion The owners of such for-profit providers shall be compensated for reasonable financial losses incurred as a result of the conversion from for-profit to non-profit status. (5) Funding There are authorized to be appropriated from the Treasury such sums as are necessary to compensate investor-owned providers as provided for under paragraph (3). (6) Requirements The payments to owners of converting for-profit providers shall occur during a 15-year period, through the sale of U.S. Treasury Bonds. Payment for conversions under paragraph (3) shall not be made for loss of business profits. (7) Mechanism for conversion process The Secretary shall promulgate a rule to provide a mechanism to further the timely, efficient, and feasible conversion of for-profit providers of care. (b) Quality standards (1) In general Health care delivery facilities must meet State quality and licensing guidelines as a condition of participation under such program, including guidelines regarding safe staffing and quality of care. (2) Licensure requirements Participating clinicians must be licensed in their State of practice and meet the quality standards for their area of care. No clinician whose license is under suspension or who is under disciplinary action in any State may be a participating provider. (c) Participation of health maintenance organizations (1) In general Non-profit health maintenance organizations that deliver care in their own facilities and employ clinicians on a salaried basis may participate in the program and receive global budgets or capitation payments as specified in section 202. (2) Exclusion of certain health maintenance organizations Other health maintenance organizations which principally contract to pay for services delivered by non-employees shall be classified as insurance plans. Such organizations shall not be participating providers, and are subject to the regulations promulgated by reason of section 104(a) (relating to prohibition against duplicating coverage). (d) Freedom of choice Patients shall have free choice of participating physicians and other clinicians, hospitals, and inpatient care facilities. 104. Prohibition against duplicating coverage (a) In general It is unlawful for a private health insurer to sell health insurance coverage that duplicates the benefits provided under this Act. (b) Construction Nothing in this Act shall be construed as prohibiting the sale of health insurance coverage for any additional benefits not covered by this Act, such as for cosmetic surgery or other services and items that are not medically necessary. II FINANCES A Budgeting and Payments 201. Budgeting process (a) Establishment of operating budget and capital expenditures budget (1) In general To carry out this Act there are established on an annual basis consistent with this title— (A) an operating budget, including amounts for optimal physician, nurse, and other health care professional staffing; (B) a capital expenditures budget; (C) reimbursement levels for providers consistent with subtitle B; and (D) a health professional education budget, including amounts for the continued funding of resident physician training programs. (2) Regional allocation After Congress appropriates amounts for the annual budget for the Medicare For All Program, the Director shall provide the regional offices with an annual funding allotment to cover the costs of each region’s expenditures. Such allotment shall cover global budgets, reimbursements to clinicians, health professional education, and capital expenditures. Regional offices may receive additional funds from the national program at the discretion of the Director. (b) Operating budget The operating budget shall be used for— (1) payment for services rendered by physicians and other clinicians; (2) global budgets for institutional providers; (3) capitation payments for capitated groups; and (4) administration of the Program. (c) Capital expenditures budget The capital expenditures budget shall be used for funds needed for— (1) the construction or renovation of health facilities; and (2) for major equipment purchases. (d) Prohibition against co-Mingling operations and capital improvement funds It is prohibited to use funds under this Act that are earmarked— (1) for operations for capital expenditures; or (2) for capital expenditures for operations. 202. Payment of providers and health care clinicians (a) Establishing global budgets; monthly lump sum (1) In general The Medicare For All Program, through its regional offices, shall pay each institutional provider of care, including hospitals, nursing homes, community or migrant health centers, home care agencies, or other institutional providers or pre-paid group practices, a monthly lump sum to cover all operating expenses under a global budget. (2) Establishment of global budgets The global budget of a provider shall be set through negotiations between providers, State directors, and regional directors, but are subject to the approval of the Director. The budget shall be negotiated annually, based on past expenditures, projected changes in levels of services, wages and input, costs, a provider’s maximum capacity to provide care, and proposed new and innovative programs. (b) Three payment options for physicians and certain other health professionals (1) In general The Program shall pay physicians, dentists, doctors of osteopathy, pharmacists, psychologists, chiropractors, doctors of optometry, nurse practitioners, nurse midwives, physicians’ assistants, and other advanced practice clinicians as licensed and regulated by the States by the following payment methods: (A) Fee for service payment under paragraph (2). (B) Salaried positions in institutions receiving global budgets under paragraph (3). (C) Salaried positions within group practices or non-profit health maintenance organizations receiving capitation payments under paragraph (4). (2) Fee for service (A) In general The Program shall negotiate a simplified fee schedule that is fair and optimal with representatives of physicians and other clinicians, after close consultation with the National Board of Universal Quality and Access and regional and State directors. Initially, the current prevailing fees or reimbursement would be the basis for the fee negotiation for all professional services covered under this Act. (B) Considerations In establishing such schedule, the Director shall take into consideration the following: (i) The need for a uniform national standard. (ii) The goal of ensuring that physicians, clinicians, pharmacists, and other medical professionals be compensated at a rate which reflects their expertise and the value of their services, regardless of geographic region and past fee schedules. (C) State physician practice review boards The State director for each State, in consultation with representatives of the physician community of that State, shall establish and appoint a physician practice review board to assure quality, cost effectiveness, and fair reimbursements for physician delivered services. (D) Final guidelines The Director shall be responsible for promulgating final guidelines to all providers. (E) Billing Under this Act physicians shall submit bills to the regional director on a simple form, or via computer. Interest shall be paid to providers who are not reimbursed within 30 days of submission. (F) No balance billing Licensed health care clinicians who accept any payment from the Medicare For All Program may not bill any patient for any covered service. (G) Uniform computer electronic billing system The Director shall create a uniform computerized electronic billing system, including those areas of the United States where electronic billing is not yet established. (3) Salaries within institutions receiving global budgets (A) In general In the case of an institution, such as a hospital, health center, group practice, community and migrant health center, or a home care agency that elects to be paid a monthly global budget for the delivery of health care as well as for education and prevention programs, physicians and other clinicians employed by such institutions shall be reimbursed through a salary included as part of such a budget. (B) Salary ranges Salary ranges for health care providers shall be determined in the same way as fee schedules under paragraph (2). (4) Salaries within capitated groups (A) In general Health maintenance organizations, group practices, and other institutions may elect to be paid capitation payments to cover all outpatient, physician, and medical home care provided to individuals enrolled to receive benefits through the organization or entity. (B) Scope Such capitation may include the costs of services of licensed physicians and other licensed, independent practitioners provided to inpatients. Other costs of inpatient and institutional care shall be excluded from capitation payments, and shall be covered under institutions’ global budgets. (C) Prohibition of selective enrollment Patients shall be permitted to enroll or disenroll from such organizations or entities without discrimination and with appropriate notice. (D) Health maintenance organizations Under this Act— (i) health maintenance organizations shall be required to reimburse physicians based on a salary; and (ii) financial incentives between such organizations and physicians based on utilization are prohibited. 203. Payment for long-term care (a) Allotment for regions The Program shall provide for each region a single budgetary allotment to cover a full array of long-term care services under this Act. (b) Regional budgets Each region shall provide a global budget to local long-term care providers for the full range of needed services, including in-home, nursing home, and community based care. (c) Basis for budgets Budgets for long-term care services under this section shall be based on past expenditures, financial and clinical performance, utilization, and projected changes in service, wages, and other related factors. (d) Favoring non-Institutional care All efforts shall be made under this Act to provide long-term care in a home- or community-based setting, as opposed to institutional care. 204. Mental health services (a) In general The Program shall provide coverage for all medically necessary mental health care on the same basis as the coverage for other conditions. Licensed mental health clinicians shall be paid in the same manner as specified for other health professionals, as provided for in section 202(b). (b) Favoring community-Based care The Medicare For All Program shall cover supportive residences, occupational therapy, and ongoing mental health and counseling services outside the hospital for patients with serious mental illness. In all cases the highest quality and most effective care shall be delivered, and, for some individuals, this may mean institutional care. 205. Payment for prescription medications, medical supplies, and medically necessary assistive equipment (a) Negotiated prices The prices to be paid each year under this Act for covered pharmaceuticals, medical supplies, and medically necessary assistive equipment shall be negotiated annually by the Program. (b) Prescription drug formulary (1) In general The Program shall establish a prescription drug formulary system, which shall encourage best-practices in prescribing and discourage the use of ineffective, dangerous, or excessively costly medications when better alternatives are available. (2) Promotion of use of generics The formulary shall promote the use of generic medications but allow the use of brand-name and off-formulary medications. (3) Formulary updates and petition rights The formulary shall be updated frequently and clinicians and patients may petition their region or the Director to add new pharmaceuticals or to remove ineffective or dangerous medications from the formulary. 206. Consultation in establishing reimbursement levels Reimbursement levels under this subtitle shall be set after close consultation with regional and State Directors and after the annual meeting of National Board of Universal Quality and Access. B Funding 211. Overview: funding the Medicare For All Program (a) In general The Medicare For All Program is to be funded as provided in subsection (c)(1). (b) Medicare For All Trust Fund There shall be established a Medicare For All Trust Fund in which funds provided under this section are deposited and from which expenditures under this Act are made. (c) Funding (1) In general There are appropriated to the Medicare For All Trust Fund amounts sufficient to carry out this Act from the following sources: (A) Existing sources of Federal Government revenues for health care. (B) Increasing personal income taxes on the top 5 percent income earners. (C) Instituting a modest and progressive excise tax on payroll and self-employment income. (D) Instituting a modest tax on unearned income. (E) Instituting a small tax on stock and bond transactions. (2) System savings as a source of financing Funding otherwise required for the Program is reduced as a result of— (A) vastly reducing paperwork; (B) requiring a rational bulk procurement of medications under section 205(a); and (C) improved access to preventive health care. (3) Additional annual appropriations to Medicare For All Program Additional sums are authorized to be appropriated annually as needed to maintain maximum quality, efficiency, and access under the Program. 212. Appropriations for existing programs Notwithstanding any other provision of law, there are hereby transferred and appropriated to carry out this Act, amounts from the Treasury equivalent to the amounts the Secretary estimates would have been appropriated and expended for Federal public health care programs, including funds that would have been appropriated under the Medicare program under title XVIII of the Social Security Act , under the Medicaid program under title XIX of such Act, and under the Children’s Health Insurance Program under title XXI of such Act. III ADMINISTRATION 301. Public administration; appointment of Director (a) In general Except as otherwise specifically provided, this Act shall be administered by the Secretary through a Director appointed by the Secretary. (b) Long-Term care The Director shall appoint a director for long-term care who shall be responsible for administration of this Act and ensuring the availability and accessibility of high quality long-term care services. (c) Mental health The Director shall appoint a director for mental health who shall be responsible for administration of this Act and ensuring the availability and accessibility of high quality mental health services. 302. Office of Quality Control The Director shall appoint a director for an Office of Quality Control. Such director shall, after consultation with state and regional directors, provide annual recommendations to Congress, the President, the Secretary, and other Program officials on how to ensure the highest quality health care service delivery. The director of the Office of Quality Control shall conduct an annual review on the adequacy of medically necessary services, and shall make recommendations of any proposed changes to the Congress, the President, the Secretary, and other Medicare For All Program officials. 303. Regional and State administration; employment of displaced clerical workers (a) Establishment of Medicare For All Program regional offices The Secretary shall establish and maintain Medicare For All regional offices for the purpose of distributing funds to providers of care. Whenever possible, the Secretary should incorporate pre-existing Medicare infrastructure for this purpose. (b) Appointment of Regional and State Directors In each such regional office there shall be— (1) one regional director appointed by the Director; and (2) for each State in the region, a deputy director (in this Act referred to as a State Director ) appointed by the governor of that State. (c) Regional office duties Regional offices of the Program shall be responsible for— (1) coordinating funding to health care providers and physicians; and (2) coordinating billing and reimbursements with physicians and health care providers through a State-based reimbursement system. (d) State Director’s duties Each State Director shall be responsible for the following duties: (1) Providing an annual state health care needs assessment report to the National Board of Universal Quality and Access, and the regional board, after a thorough examination of health needs, in consultation with public health officials, clinicians, patients, and patient advocates. (2) Health planning, including oversight of the placement of new hospitals, clinics, and other health care delivery facilities. (3) Health planning, including oversight of the purchase and placement of new health equipment to ensure timely access to care and to avoid duplication. (4) Submitting global budgets to the regional director. (5) Recommending changes in provider reimbursement or payment for delivery of health services in the State. (6) Establishing a quality assurance mechanism in the State in order to minimize both under utilization and over utilization and to assure that all providers meet high quality standards. (7) Reviewing program disbursements on a quarterly basis and recommending needed adjustments in fee schedules needed to achieve budgetary targets and assure adequate access to needed care. (e) First priority in retraining and job placement; 2 years of salary parity benefits The Program shall provide that clerical, administrative, and billing personnel in insurance companies, doctors offices, hospitals, nursing facilities, and other facilities whose jobs are eliminated due to reduced administration— (1) should have first priority in retraining and job placement in the new system; and (2) shall be eligible to receive two years of Medicare For All employment transition benefits with each year’s benefit equal to salary earned during the last 12 months of employment, but shall not exceed $100,000 per year. (f) Establishment of Medicare For All employment transition fund The Secretary shall establish a trust fund from which expenditures shall be made to recipients of the benefits allocated in subsection (e). (g) Annual appropriations to Medicare For All employment transition fund Sums are authorized to be appropriated annually as needed to fund the Medicare For All Employment Transition Benefits. (h) Retention of right to unemployment benefits Nothing in this section shall be interpreted as a waiver of Medicare For All Employment Transition benefit recipients’ right to receive Federal and State unemployment benefits. 304. Confidential electronic patient record system (a) In general The Secretary shall create a standardized, confidential electronic patient record system in accordance with laws and regulations to maintain accurate patient records and to simplify the billing process, thereby reducing medical errors and bureaucracy. (b) Patient option Notwithstanding that all billing shall be preformed electronically, patients shall have the option of keeping any portion of their medical records separate from their electronic medical record. 305. National Board of Universal Quality and Access (a) Establishment (1) In general There is established a National Board of Universal Quality and Access (in this section referred to as the Board ) consisting of 15 members appointed by the President, by and with the advice and consent of the Senate. (2) Qualifications The appointed members of the Board shall include at least one of each of the following: (A) Health care professionals. (B) Representatives of institutional providers of health care. (C) Representatives of health care advocacy groups. (D) Representatives of labor unions. (E) Citizen patient advocates. (3) Terms Each member shall be appointed for a term of 6 years, except that the President shall stagger the terms of members initially appointed so that the term of no more than 3 members expires in any year. (4) Prohibition on conflicts of interest No member of the Board shall have a financial conflict of interest with the duties before the Board. (b) Duties (1) In general The Board shall meet at least twice per year and shall advise the Secretary and the Director on a regular basis to ensure quality, access, and affordability. (2) Specific issues The Board shall specifically address the following issues: (A) Access to care. (B) Quality improvement. (C) Efficiency of administration. (D) Adequacy of budget and funding. (E) Appropriateness of reimbursement levels of physicians and other providers. (F) Capital expenditure needs. (G) Long-term care. (H) Mental health and substance abuse services. (I) Staffing levels and working conditions in health care delivery facilities. (3) Establishment of universal, best quality standard of care The Board shall specifically establish a universal, best quality of standard of care with respect to— (A) appropriate staffing levels; (B) appropriate medical technology; (C) design and scope of work in the health workplace; (D) best practices; and (E) salary level and working conditions of physicians, clinicians, nurses, other medical professionals, and appropriate support staff. (4) Twice-a-year report The Board shall report its recommendations twice each year to the Secretary, the Director, Congress, and the President. (c) Compensation, etc The following provisions of section 1805 of the Social Security Act shall apply to the Board in the same manner as they apply to the Medicare Payment Assessment Commission (except that any reference to the Commission or the Comptroller General shall be treated as references to the Board and the Secretary, respectively): (1) Subsection (c)(4) (relating to compensation of Board members). (2) Subsection (c)(5) (relating to chairman and vice chairman). (3) Subsection (c)(6) (relating to meetings). (4) Subsection (d) (relating to director and staff; experts and consultants). (5) Subsection (e) (relating to powers). IV ADDITIONAL PROVISIONS 401. Treatment of VA and IHS health programs (a) VA health programs This Act provides for health programs of the Department of Veterans’ Affairs to initially remain independent for the 10-year period that begins on the date of the establishment of the Medicare For All Program. After such 10-year period, the Congress shall reevaluate whether such programs shall remain independent or be integrated into the Medicare For All Program. (b) Indian Health Service programs This Act provides for health programs of the Indian Health Service to initially remain independent for the 5-year period that begins on the date of the establishment of the Medicare For All Program, after which such programs shall be integrated into the Medicare For All Program. 402. Public health and prevention It is the intent of this Act that the Program at all times stress the importance of good public health through the prevention of diseases. 403. Reduction in health disparities It is the intent of this Act to reduce health disparities by race, ethnicity, income and geographic region, and to provide high quality, cost-effective, culturally appropriate care to all individuals regardless of race, ethnicity, sexual orientation, or language. V EFFECTIVE DATE 501. Effective date Except as otherwise specifically provided, this Act shall take effect on the first day of the first year that begins more than 1 year after the date of the enactment of this Act, and shall apply to items and services furnished on or after such date. | https://www.govinfo.gov/content/pkg/BILLS-113hr676ih/xml/BILLS-113hr676ih.xml |
113-hr-677 | I 113th CONGRESS 1st Session H. R. 677 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Stivers (for himself, Ms. Fudge , Ms. Moore , Mr. Gibson , and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To exempt inter-affiliate swaps from certain regulatory requirements put in place by the Dodd-Frank Wall Street Reform and Consumer Protection Act.
1. Short title This Act may be cited as the Inter-Affiliate Swap Clarification Act . 2. Treatment of affiliate transactions (a) Commodity Exchange Act amendments (1) Treatment of affiliate transactions Section 1a(47) of the Commodity Exchange Act ( 7 U.S.C. 1a(47) ), as added by section 721(a)(21) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following: (G) Treatment of affiliate transactions (i) In general For the purposes of any clearing and execution requirements under section 2(h) and any applicable margin and capital requirements of section 4s(e) and for purposes of defining swap dealer or major swap participant , and reporting requirements other than those set forth in clause (ii), the term swap does not include any agreement, contract, or transaction that— (I) would otherwise be included as a swap under subparagraph (A); and (II) is entered into by parties, neither of which is a ‘swap dealer’ that is an insured depository institution or a ‘major swap participant’ that is an insured depository institution, that report information or prepare financial statements on a consolidated basis, or for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis. (ii) Reporting All agreements, contracts, or transactions described in clause (i) shall be reported to either a swap data repository, or, if there is no swap data repository that would accept such agreements, contracts, or transactions, to the Commission pursuant to section 4r, or to a swap data repository or to the Commission pursuant to section 2(h)(5), within such time period as the Commission may by rule or regulation prescribe. Nothing in this subparagraph shall prohibit the Commission from establishing public reporting requirements for covered transactions between affiliates as described in sections 23A and 23B of the Federal Reserve Act in a manner consistent with rules governing the treatment of such covered transactions pursuant to section 2(a)(13) of this Act. (iii) Protection of insurance funds Nothing in this subparagraph shall be construed to prevent the regulator of a Federal or State insurance fund or guaranty fund from exercising its other existing authority to protect the integrity of such a fund, except that such regulator shall not subject agreements, contracts, or transactions described in clause (i) to clearing and execution requirements under section 2 of this Act, to any applicable margin and capital requirements of section 4s(e) of this Act, or to reporting requirements of title VII of Public Law 111–203 other than those set forth in clause (ii) of this subparagraph. (iv) Preservation of federal reserve act authority Nothing in this subparagraph shall exempt a transaction described in this subparagraph from sections 23A or 23B of the Federal Reserve Act or implementing regulations thereunder. (v) Preservation of federal and state regulatory authorities Nothing in this subparagraph shall affect the Federal banking agencies’ safety-and-soundness authorities over banks established in law other than title VII of Public Law 111–203 or the authorities of State insurance regulators over insurers, including the authority to impose capital requirements with regard to swaps. For purposes of this clause, the term ‘bank’ shall be defined pursuant to section 3(a)(6) of the Securities Exchange Act of 1934, ‘insurer’ shall be defined pursuant to title V of Public Law 111–203 , and ‘swap’ shall be defined pursuant to title VII of Public Law 111–203 . (vi) Prevention of evasion The Commission may prescribe rules under this subparagraph (and issue interpretations of such rules) as determined by the Commission to be necessary to include in the definition of swaps under this paragraph any agreement, contract, or transaction that has been structured to evade the requirements of this Act applicable to swaps. . (2) Treatment of affiliates Section 2(h)(7)(D)(i) of the Commodity Exchange Act ( 7 U.S.C. 2(h)(7)(D)(i) ), as added by section 723(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended to read as follows: (i) In general An affiliate of a person that qualifies for an exception under subparagraph (A) (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate enters into the swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity. . (b) Securities Exchange Act of 1934 amendments (1) Treatment of affiliate transactions Section 3(a)(68) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a)(68) ), as added by section 761(a)(6) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended by adding at the end the following: (F) Treatment of affiliate transactions (i) In general For the purposes of any clearing and execution requirements under section 3C and any applicable margin and capital requirements of section 15F(e), and for purposes of defining security-based swap dealer or a major security-based swap participant , and reporting requirements other than those set forth in clause (ii), the term security-based swap does not include any agreement, contract, or transaction that— (I) would otherwise be included as a security-based swap under subparagraph (A); and (II) is entered into by parties, neither of which is a ‘security-based swap dealer’ that is an insured depository institution or a ‘major security-based swap participant’ that is an insured depository institution, that report information or prepare financial statements on a consolidated basis, or for which a company affiliated with both parties reports information or prepares financial statements on a consolidated basis. (ii) Reporting All agreements, contracts, or transactions described in clause (i) shall be reported to either a security-based swap data repository, or, if there is no security-based swap data repository that would accept such agreements, contracts, or transactions, to the Commission pursuant to section 13A, within such time period as the Commission may by rule or regulation prescribe. (iii) Preservation of federal reserve act authority Nothing in this subparagraph shall exempt a transaction described in this subparagraph from sections 23A or 23B of the Federal Reserve Act or implementing regulations thereunder. (iv) Protection of insurance funds Nothing in this subparagraph shall be construed to prevent the regulator of a Federal or State insurance fund or guaranty fund from exercising its other existing authority to protect the integrity of such a fund, except that such regulator shall not subject security-based swap transactions between affiliated companies to clearing and execution requirements under section 3C, to any applicable margin and capital requirements of section 15F(e), or to reporting requirements of title VII of Public Law 111–203 other than those set forth in clause (ii). (v) Preservation of federal and state regulatory authorities Nothing in this subparagraph shall affect the Federal banking agencies’ safety-and-soundness authorities over banks established in law other than title VII of Public Law 111–203 or the authorities of State insurance regulators over insurers, including the authority to impose capital requirements with regard to security-based swaps. For purposes of this clause, the term ‘bank’ shall be defined pursuant to section 3(a)(6) of the Securities Exchange Act of 1934, ‘insurer’ shall be defined pursuant to title V of Public Law 111–203 , and ‘security-based swap’ shall be defined pursuant to title VII of Public Law 111–203 . (vi) Prevention of evasion The Commission may prescribe rules under this subparagraph (and issue interpretations of such rules) as determined by the Commission to be necessary to include in the definition of security-based swap under this paragraph any agreement, contract, or transaction that has been structured to evade the requirements of this Act applicable to security-based swaps. . (2) Treatment of affiliates Section 3C(g)(4)(A) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c-3(g)(4)(A) ), as added by section 763(a) of the Dodd-Frank Wall Street Reform and Consumer Protection Act, is amended to read as follows: (i) In general An affiliate of a person that qualifies for an exception under this subsection (including affiliate entities predominantly engaged in providing financing for the purchase of the merchandise or manufactured goods of the person) may qualify for the exception only if the affiliate enters into the security-based swap to hedge or mitigate the commercial risk of the person or other affiliate of the person that is not a financial entity. . | https://www.govinfo.gov/content/pkg/BILLS-113hr677ih/xml/BILLS-113hr677ih.xml |
113-hr-678 | I 113th CONGRESS 1st Session H. R. 678 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Tipton (for himself, Mr. Gosar , Mr. Costa , Mr. McClintock , Mr. Smith of Nebraska , Mr. Amodei , Mr. Cramer , Mrs. Lummis , and Mr. Coffman ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize all Bureau of Reclamation conduit facilities for hydropower development under Federal Reclamation law, and for other purposes.
1. Short title This Act may be cited as the Bureau of Reclamation Small Conduit Hydropower Development and Rural Jobs Act . 2. Authorization Section 9(c) of the Reclamation Project Act of 1939 ( 43 U.S.C. 485h(c) ) is amended— (1) by striking The Secretary is authorized to enter into contracts to furnish water and inserting the following: (1) The Secretary is authorized to enter into contracts to furnish water ; (2) by striking (1) shall and inserting (A) shall ; (3) by striking (2) shall and inserting (B) shall ; (4) by striking respecting the terms of sales of electric power and leases of power privileges shall be in addition and alternative to any authority in existing laws relating to particular projects and inserting respecting the sales of electric power and leases of power privileges shall be an authorization in addition to and alternative to any authority in existing laws related to particular projects, including small conduit hydropower development ; and (5) by adding at the end the following: (2) When carrying out this subsection, the Secretary shall first offer the lease of power privilege to an irrigation district or water users association operating the applicable transferred work, or to the irrigation district or water users association receiving water from the applicable reserved work. The Secretary shall determine a reasonable time frame for the irrigation district or water users association to accept or reject a lease of power privilege offer. (3) The National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) shall not apply to small conduit hydropower development, excluding siting of associated transmission on Federal lands, under this subsection. (4) The Power Resources Office of the Bureau of Reclamation shall be the lead office of small conduit hydropower activities conducted under this subsection. (5) Nothing in this subsection shall obligate the Western Area Power Administration, the Bonneville Power Administration, or the Southwestern Power Administration to purchase or market any of the power produced by the facilities covered under this subsection and none of the costs associated with production or delivery of such power shall be assigned to project purposes for inclusion in project rates. (6) Nothing in this subsection shall alter or impede the delivery and management of water by Bureau of Reclamation facilities, as water used for conduit hydropower generation shall be deemed incidental to use of water for the original project purposes. Lease of power privilege shall be made only when, in the judgment of the Secretary, the exercise of the lease will not be incompatible with the purposes of the project or division involved, nor shall it create any unmitigated financial or physical impacts to the project or division involved, and shall be on such terms and conditions as in the judgment of the Secretary in consultation with the appropriate irrigation district or water users association, will adequately protect the planning, design, construction, operation, maintenance, and other interests of the United States and the project or division involved. (7) Nothing in this subsection shall alter or affect any existing agreements for the development of conduit hydropower projects or disposition of revenues. (8) In this subsection: (A) Conduit The term conduit means any Bureau of Reclamation tunnel, canal, pipeline, aqueduct, flume, ditch, or similar manmade water conveyance that is operated for the distribution of water for agricultural, municipal, or industrial consumption and not primarily for the generation of electricity. (B) Irrigation district The term irrigation district means any irrigation, water conservation, multicounty water conservation district, or any separate public entity composed of two or more such districts and jointly exercising powers of its member districts. (C) Reserved work The term reserved work means any conduit that is included in project works the care, operation, and maintenance of which has been reserved by the Secretary, through the Commissioner of the Bureau of Reclamation. (D) Transferred work The term transferred work means any conduit that is included in project works the care, operation, and maintenance of which has been transferred to a legally organized water users association or irrigation district. (E) Small conduit hydropower The term small conduit hydropower means a facility capable of producing 5 megawatts or less of electric capacity. . | https://www.govinfo.gov/content/pkg/BILLS-113hr678ih/xml/BILLS-113hr678ih.xml |
113-hr-679 | I 113th CONGRESS 1st Session H. R. 679 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Walz (for himself, Mr. Runyan , Mr. Denham , Mr. Hunter , Mr. Latham , Mr. Matheson , and Mr. Rahall ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to recognize the service in the reserve components of certain persons by honoring them with status as veterans under law.
1. Short title This Act may be cited as the Honor America’s Guard-Reserve Retirees Act . 2. Provision of status under law by honoring certain members of the reserve components as veterans (a) Veteran status (1) In general Chapter 1 of title 38, United States Code, is amended by inserting after section 107 the following new section: 107A. Honoring as veterans certain persons who performed service in the reserve components Any person who is entitled under chapter 1223 of title 10 to retired pay for nonregular service or, but for age, would be entitled under such chapter to retired pay for nonregular service shall be honored as a veteran but shall not be entitled to any benefit by reason of this section. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 107 the following new item: 107A. Honoring as veterans certain persons who performed service in the reserve components. . (b) Clarification regarding benefits No person may receive any benefit under the laws administered by the Secretary of Veterans Affairs solely by reason of section 107A of title 38, United States Code, as added by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-113hr679ih/xml/BILLS-113hr679ih.xml |
113-hr-680 | I 113th CONGRESS 1st Session H. R. 680 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Ms. Wilson of Florida (for herself, Mr. Garamendi , Ms. Kaptur , Ms. Chu , Mr. Grijalva , Ms. Waters , Ms. Brown of Florida , Mr. Rangel , Mr. Meeks , Ms. Edwards , Mr. Conyers , Mr. Rush , Ms. Lee of California , Ms. Eddie Bernice Johnson of Texas , Mr. Moran , Mr. Cicilline , Mr. Peters of Michigan , Ms. Castor of Florida , Mr. Ellison , Mr. Butterfield , Mrs. Christensen , Mr. Hastings of Florida , Mr. Lewis , Mr. Deutch , Mr. Cummings , Mr. Diaz-Balart , Mr. Al Green of Texas , Ms. Bass , Mr. Carson of Indiana , Mr. Connolly , Ms. Hahn , Mr. Nadler , Mr. Larson of Connecticut , Mr. Holt , Mr. Cooper , Mr. Thompson of Mississippi , Ms. DeLauro , Ms. Sewell of Alabama , Ms. Jackson Lee , Mr. Grimm , Mr. Clay , Mrs. Carolyn B. Maloney of New York , Mr. Rooney , Mrs. Negrete McLeod , Ms. Moore , Ms. McCollum , Mr. Danny K. Davis of Illinois , Ms. Ros-Lehtinen , Mr. DeFazio , Ms. Roybal-Allard , Mr. Honda , Mr. Fattah , and Ms. Norton ) 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 require State child welfare agencies to promptly report information on missing or abducted children to law enforcement authorities, and for other purposes.
1. Short title This Act may be cited as the Rilya Wilson Act . 2. Requirement that State child welfare agencies report information on missing or abducted children to the National Crime Information Center (a) State plan requirement Section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) ) is amended— (1) in paragraph (32), by striking and at the end; (2) in paragraph (33), by striking the period and inserting ; and ; and (3) by inserting after paragraph (33) the following: (34) provides that the State has in effect procedures that require the State agency to promptly report information on missing or abducted children to law enforcement authorities for entry into the National Crime Information Center database. . (b) Regulations The Secretary of Health and Human Services shall promulgate regulations to implement section 471(a)(34) of the Social Security Act, as added by subsection (a) of this section. (c) Effective date The amendments made by subsection (a) shall take effect 1 year after the date of the enactment of this Act, without regard to whether the regulations required by subsection (b) have been promulgated. 3. Amendments to the National Child Search Assistance Act of 1990 Paragraph (4) of section 3702 of the Crime Control Act of 1990 ( 42 U.S.C. 5780 ) is amended— (1) in the matter preceding subparagraph (A), by striking (2) and inserting (3) ; (2) in subparagraph (A), by inserting , and a recent photograph after dental records ; (3) in subparagraph (B), by striking and after the semicolon; (4) by redesignating subparagraph (C) as subparagraph (D); and (5) by inserting after subparagraph (B) the following: (C) notify the National Center for Missing and Exploited Children of each report received relating to a child reported missing from a foster care family home or childcare institution; and . | https://www.govinfo.gov/content/pkg/BILLS-113hr680ih/xml/BILLS-113hr680ih.xml |
113-hr-681 | I 113th CONGRESS 1st Session H. R. 681 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Wolf (for himself, Mr. Hurt , and 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 Washington’s Birthday be observed on February 22, rather than the third Monday in February, of each year.
1. Change in date for observance of Washington’s birthday Section 6103(a) of title 5, United States Code, is amended by striking the item relating to Washington’s Birthday and inserting the following: Washington’s Birthday, February 22. . | https://www.govinfo.gov/content/pkg/BILLS-113hr681ih/xml/BILLS-113hr681ih.xml |
113-hr-682 | V 113th CONGRESS 1st Session H. R. 682 IN THE HOUSE OF REPRESENTATIVES February 13, 2013 Mr. Upton introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Ibrahim Parlak.
1. Permanent resident status for Ibrahim Parlak (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act (8 U.S.C. 1151), Ibrahim Parlak shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of that Act ( 8 U.S.C. 1154 ) or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Ibrahim Parlak enters the United States before the filing deadline specified in subsection (c), Ibrahim Parlak shall be considered to have entered and remained lawfully and shall be eligible for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) as of the date of enactment of this Act. (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of enactment of this Act. (d) Reduction of immigrant visa numbers Upon the granting of an immigrant visa or permanent residence to Ibrahim Parlak, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of birth of Ibrahim Parlak under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)) or, if applicable, the total number of immigrant visas that are made available to natives of the country of birth of Ibrahim Parlak under section 202(e) of that Act ( 8 U.S.C. 1152(e) ). (e) Denial of Preferential Immigration Treatment for Certain Relatives The natural parents, brothers, and sisters of Ibrahim Parlak shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr682ih/xml/BILLS-113hr682ih.xml |
113-hr-683 | I 113th CONGRESS 1st Session H. R. 683 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Smith of Washington (for himself, Ms. Hanabusa , Mr. Brady of Pennsylvania , Mr. Johnson of Georgia , Mr. Langevin , Mr. Castro of Texas , Mr. Courtney , Mr. Garamendi , Mr. Andrews , Mr. Peters of California , Ms. Kuster , Mr. O’Rourke , Ms. Shea-Porter , Ms. Speier , Ms. Tsongas , Mr. Larsen of Washington , Ms. Brownley of California , Mr. Takano , Mr. Schiff , Mr. Lowenthal , Ms. Lee of California , Mr. Rush , Mrs. Carolyn B. Maloney of New York , Mr. Heck of Washington , Mr. Connolly , Ms. Moore , Mr. Huffman , Mr. Moran , Ms. Chu , Mr. Pocan , Mr. Capuano , Mr. Honda , Mr. Farr , Mr. Israel , Mr. Bishop of New York , Ms. Gabbard , Ms. Norton , Mr. McDermott , Mr. Ryan of Ohio , Mr. McGovern , Mr. Deutch , Mr. Carson of Indiana , Mrs. Davis of California , and Mrs. Capps ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend titles 10, 32, 37, and 38 of the United States Code, to add a definition of spouse for purposes of military personnel policies and military and veteran benefits that recognizes new State definitions of spouse.
1. Short title This Act may be cited as the Military Spouses Equal Treatment Act . 2. Definition of spouse for purposes of military personnel policies and military and veteran benefits to reflect new State definitions of spouse (a) Title 10 (1) Definition Paragraph (5) of section 101(f) of title 10, United States Code, is amended to read as follows: (5) Notwithstanding section 7 of title 1, an individual shall be considered a spouse if the marriage of the individual is valid in the State in which the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place in which the marriage was entered into and the marriage could have been entered into in a State. In this paragraph, the term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions. . (2) Conforming amendments Such section is further amended— (A) in the matter preceding paragraph (1). by striking In this title— and inserting The following rules of construction apply in this title: ; (B) in paragraph (1)— (i) by inserting The term after (1) ; and (ii) by striking the semicolon at the end and inserting a period; (C) in paragraph (2)— (i) by inserting The term after (2) ; and (ii) by striking the semicolon at the end and inserting a period; (D) in paragraph (3)— (i) by inserting The phrase after (3) ; and (ii) by striking the semicolon at the end and inserting a period; and (E) in paragraph (4)— (i) by inserting The term after (4) ; and (ii) by striking ; and and inserting a period. (b) Title 32 Paragraph (18) of section 101 of title 32, United States Code, is amended to read as follows: (18) Notwithstanding section 7 of title 1, an individual shall be considered a spouse if the marriage of the individual is valid in the State in which the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place in which the marriage was entered into and the marriage could have been entered into in a State. In this paragraph, the term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions. . (c) Title 37 Section 101 of title 37, United States Code, is amended by adding at the end the following new paragraph: (27) Notwithstanding section 7 of title 1, an individual shall be considered a spouse if the marriage of the individual is valid in the State in which the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place in which the marriage was entered into and the marriage could have been entered into in a State. In this paragraph, the term State means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and the territories and possessions. . (d) Title 38 Section 101 of title 38, United States Code, is amended— (1) in paragraph (3), by striking of the opposite sex ; and (2) by striking paragraph (31) and inserting the following new paragraph: (31) Notwithstanding section 7 of title 1, an individual shall be considered a spouse if the marriage of the individual is valid in the State in which the marriage was entered into or, in the case of a marriage entered into outside any State, if the marriage is valid in the place in which the marriage was entered into and the marriage could have been entered into in a State. In this paragraph, the term State has the meaning given that term in paragraph (20), except that the term also includes the Commonwealth of the Northern Mariana Islands. . | https://www.govinfo.gov/content/pkg/BILLS-113hr683ih/xml/BILLS-113hr683ih.xml |
113-hr-684 | I 113th CONGRESS 1st Session H. R. 684 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Womack (for himself, Ms. Speier , Mr. Conyers , Mr. Welch , Mrs. Noem , Mr. Griffin of Arkansas , Mr. Poe of Texas , Mr. Cohen , Ms. Chu , Mr. Amodei , Mr. Deutch , Mr. Diaz-Balart , Mr. Johnson of Georgia , Mr. Ross , Ms. DelBene , Mr. Schock , Ms. Linda T. Sánchez of California , Mrs. Ellmers , Mr. Larson of Connecticut , Mr. Barletta , Mr. Langevin , Mr. Crenshaw , Mr. Crawford , Mr. Dent , Ms. Pingree of Maine , Mr. Young of Indiana , Ms. Schwartz , Mr. Grimm , Mr. Ellison , Mr. Gibson , Ms. Tsongas , Mr. Conaway , Mr. Stivers , Ms. Norton , Mr. Capuano , Ms. McCollum , and Mr. Austin Scott of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To restore States’ sovereign rights to enforce State and local sales and use tax laws, and for other purposes.
1. Short title This Act may be cited as the Marketplace Fairness Act of 2013 . 2. Authorization to require collection of sales and use taxes (a) Streamlined sales and use tax agreement Each Member State under the Streamlined Sales and Use Tax Agreement is authorized to require all sellers not qualifying for the small seller exception described in subsection (c) to collect and remit sales and use taxes with respect to remote sales sourced to that Member State pursuant to the provisions of the Streamlined Sales and Use Tax Agreement, but only if the Streamlined Sales and Use Tax Agreement includes the minimum simplification requirements in subsection (b)(2). A State may exercise authority under this Act beginning 90 days after the State publishes notice of the State’s intent to exercise the authority under this Act, but no earlier than the first day of the calendar quarter that is at least 90 days after the date of the enactment of this Act. (b) Alternative A State that is not a Member State under the Streamlined Sales and Use Tax Agreement is authorized notwithstanding any other provision of law to require all sellers not qualifying for the small seller exception described in subsection (c) to collect and remit sales and use taxes with respect to remote sales sourced to that State, but only if the State adopts and implements the minimum simplification requirements in paragraph (2). Such authority shall commence beginning no earlier than the first day of the calendar quarter that is at least 6 months after the date that the State— (1) enacts legislation to exercise the authority granted by this Act— (A) specifying the tax or taxes to which such authority and the minimum simplification requirements in paragraph (2) shall apply; (B) specifying the products and services otherwise subject to the tax or taxes identified by the State under subparagraph (A) to which the authority of this Act shall not apply; and (2) implements each of the following minimum simplification requirements: (A) Provide— (i) a single entity within the State responsible for all State and local sales and use tax administration, return processing, and audits for remote sales sourced to the State; (ii) a single audit of a remote seller for all State and local taxing jurisdictions within that State; and (iii) a single sales and use tax return to be used by remote sellers to be filed with the single entity responsible for tax administration. A State may not require a remote seller to file sales and use tax returns any more frequently than returns are required for nonremote sellers. No local jurisdiction may require a remote seller to submit a sales and use tax return or to collect sales and use taxes other than as provided by this paragraph. (B) Provide a uniform sales and use tax base among the State and the local taxing jurisdictions within the State pursuant to paragraph (1). (C) Source all interstate sales in compliance with the sourcing definition set forth in section 4(7). (D) Provide— (i) information indicating the taxability of products and services along with any product and service exemptions from sales and use tax in the State and a rates and boundary database; (ii) software free of charge for remote sellers that calculates sales and use taxes due on each transaction at the time the transaction is completed, that files sales and use tax returns, and that is updated to reflect rate changes as described in subparagraph (H); and (iii) certification procedures for persons to be approved as certified software providers. For purposes of clause (iii), the software provided by certified software providers shall be capable of calculating and filing sales and use taxes in all States qualified under this Act. (E) Relieve remote sellers from liability to the State or locality for the incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of an error or omission made by a certified software provider. (F) Relieve certified software providers from liability to the State or locality for the incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of misleading or inaccurate information provided by a remote seller. (G) Relieve remote sellers and certified software providers from liability to the State or locality for incorrect collection, remittance, or noncollection of sales and use taxes, including any penalties or interest, if the liability is the result of incorrect information or software provided by the State. (H) Provide remote sellers and certified software providers with 90 days notice of a rate change by the State or any locality in the State and update the information described in subparagraph (D)(i) accordingly and relieve any remote seller or certified software provider from liability for collecting sales and use taxes at the immediately preceding effective rate during the 90-day notice period if the required notice is not provided. (c) Small seller exception A State is authorized to require a remote seller to collect sales and use taxes under this Act only if the remote seller has gross annual receipts in total remote sales in the United States in the preceding calendar year exceeding $1,000,000. For purposes of determining whether the threshold in this subsection is met— (1) the sales of all persons related within the meaning of subsections (b) and (c) of section 267 or section 707(b)(1) of the Internal Revenue Code of 1986 shall be aggregated; or (2) persons with 1 or more ownership relationships shall also be aggregated if such relationships were designed with a principal purpose of avoiding the application of these rules. 3. Limitations (a) In general Nothing in this Act shall be construed as— (1) subjecting a seller or any other person to franchise, income, occupation, or any other type of taxes, other than sales and use taxes; (2) affecting the application of such taxes; or (3) enlarging or reducing State authority to impose such taxes. (b) No effect on nexus This Act shall not be construed to create any nexus between a person and a State or locality. (c) Licensing and regulatory requirements Nothing in this Act shall be construed as permitting or prohibiting a State from— (1) licensing or regulating any person; (2) requiring any person to qualify to transact intrastate business; (3) subjecting any person to State or local taxes not related to the sale of goods or services; or (4) exercising authority over matters of interstate commerce. (d) No new taxes Nothing in this Act shall be construed as encouraging a State to impose sales and use taxes on any goods or services not subject to taxation prior to the date of the enactment of this Act. (e) No effect on intrastate sales The provisions of this Act shall apply only to remote sales and shall not apply to intrastate sales or intrastate sourcing rules. States granted authority under section 2(a) shall comply with all intrastate provisions of the Streamlined Sales and Use Tax Agreement. (f) No effect on Mobile Telecommunications Sourcing Act Nothing in this Act shall be construed as altering in any manner or preempting the Mobile Telecommunications Sourcing Act ( 4 U.S.C. 116–126 ). 4. Definitions and special rules In this Act: (1) Certified software provider The term certified software provider means a person that— (A) provides software to remote sellers to facilitate State and local sales and use tax compliance pursuant to section 2(b)(2)(D); and (B) is certified by a State to so provide such software. (2) Locality; local The terms locality and local refer to any political subdivision of a State. (3) Member State The term Member State — (A) means a Member State as that term is used under the Streamlined Sales and Use Tax Agreement as in effect on the date of the enactment of this Act; and (B) does not include any associate member under the Streamlined Sales and Use Tax Agreement. (4) Person The term person means an individual, trust, estate, fiduciary, partnership, corporation, limited liability company, or other legal entity, and a State or local government. (5) Remote sale The term remote sale means a sale into a State in which the seller would not legally be required to pay, collect, or remit State or local sales and use taxes unless provided by this Act. (6) Remote seller The term remote seller means a person that makes remote sales in the State. (7) Sourced For purposes of a State granted authority under section 2(b), the location to which a remote sale is sourced refers to the location where the item sold is received by the purchaser, based on the location indicated by instructions for delivery that the purchaser furnishes to the seller. When no delivery location is specified, the remote sale is sourced to the customer's address that is either known to the seller or, if not known, obtained by the seller during the consummation of the transaction, including the address of the customer's payment instrument if no other address is available. If an address is unknown and a billing address cannot be obtained, the remote sale is sourced to the address of the seller from which the remote sale was made. A State granted authority under section 2(a) shall comply with the sourcing provisions of the Streamlined Sales and Use Tax Agreement. (8) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States. (9) Streamlined sales and use tax agreement The term Streamlined Sales and Use Tax Agreement means the multi-State agreement with that title adopted on November 12, 2002, as in effect on the date of the enactment of this Act and as further amended from time to time. 5. Severability If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provisions of such to any person or circumstance shall not be affected thereby. 6. Preemption Except as otherwise provided in this Act, this Act shall not be construed to preempt or limit any power exercised or to be exercised by a State or local jurisdiction under the law of such State or local jurisdiction or under any other Federal law. | https://www.govinfo.gov/content/pkg/BILLS-113hr684ih/xml/BILLS-113hr684ih.xml |
113-hr-685 | I 113th CONGRESS 1st Session H. R. 685 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Sam Johnson of Texas (for himself and Mr. Heck of Washington ) introduced the following bill; which was referred to the Committee on Financial Services , and in addition to the Committee on House Administration , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To award a Congressional Gold Medal to the American Fighter Aces, collectively, in recognition of their heroic military service and defense of our country’s freedom throughout the history of aviation warfare.
1. Short title This Act may be cited as the American Fighter Aces Congressional Gold Medal Act . 2. Findings The Congress finds the following: (1) An American Fighter Ace is a fighter pilot who has served honorably in a United States military service and who has destroyed 5 or more confirmed enemy aircraft in aerial combat during a war or conflict in which American armed forces have participated. (2) Beginning with World War I, and the first use of airplanes in warfare, military services have maintained official records of individual aerial victory credits during every major conflict. Of more than 60,000 United States military fighter pilots that have taken to the air, less than 1,500 have become Fighter Aces. (3) Americans became Fighter Aces in the Spanish Civil War, Sino-Japanese War, Russian Civil War, Arab-Israeli War, and others. Additionally, American military groups’ recruited United States military pilots to form the American Volunteer Group, Eagle Squadron, and others that produced American-born Fighter Aces fighting against axis powers prior to Pearl Harbor. (4) The concept of a Fighter Ace is that they fought for freedom and democracy across the globe, flying in the face of the enemy to defend freedom throughout the history of aerial combat. American-born citizens became Fighter Aces flying under the flag of United States allied countries and became some of the highest scoring Fighter Aces of their respective wars. (5) American Fighter Aces hail from every State in the Union, representing numerous ethnic, religious, and cultural backgrounds. (6) Fighter Aces possess unique skills that have made them successful in aerial combat. These include courage, judgment, keen marksmanship, concentration, drive, persistence, and split-second thinking that makes an Ace a war fighter with unique and valuable flight driven skills. (7) The Aces’ training, bravery, skills, sacrifice, attention to duty, and innovative spirit illustrate the most celebrated traits of the United States military, including service to country and the protection of freedom and democracy. (8) American Fighter Aces have led distinguished careers in the military, education, private enterprise, and politics. Many have held the rank of General or Admiral and played leadership roles in multiple war efforts from WWI to Vietnam through many decades. In some cases they became the highest ranking officers for following wars. (9) The extraordinary heroism of the American Fighter Ace boosted American morale at home and encouraged many men and women to enlist to fight for America and democracy across the globe. (10) Fighter Aces were among America’s most-prized military fighters during wars. When they rotated back to the United States after combat tours, they trained cadets in fighter pilot tactics that they had learned over enemy skies. The teaching of combat dogfighting to young aviators strengthened our fighter pilots to become more successful in the skies. The net effect of this was to shorten wars and save the lives of young Americans. (11) Following military service, many Fighter Aces became test pilots due to their superior flying skills and quick thinking abilities. (12) Richard Bong was America’s top Ace of all wars scoring a confirmed 40 enemy victories in WWII. He was from Poplar, Wisconsin, and flew the P–38 Lightning in all his combat sorties flying for the 49th Fighter Group. He was killed in 1945 during a P–80 test flight in which the engine flamed out on takeoff. (13) The American Fighter Aces are one of the most decorated military groups in American history. Twenty-two Fighter Aces have achieved the rank of Admiral in the Navy. Seventy-nine Fighter Aces have achieved the rank of General in the Army, Marines, and Air Force. Nineteen Medals of Honor have been awarded to individual Fighter Aces. (14) The American Fighter Aces Association has existed for over 50 years as the primary organization with which the Aces have preserved their history and told their stories to the American public. The Association established and maintains the Outstanding Cadet in Airmanship Award presented annually at the United States Air Force Academy; established and maintains an awards program for outstanding fighter pilot lead-in trainee graduates from the Air Force, Navy, and Marine Corps; and sponsors a scholarship program for descendants of American Fighter Aces. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of the Congress, of a single gold medal of appropriate design in honor of the American Fighter Aces, collectively, in recognition of their heroic military service and defense of our country’s freedom, which has spanned the history of aviation warfare. (b) Design and striking For the purposes of the award referred to in subsection (a), the Secretary of the Treasury shall strike the gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian institution (1) In general Following the award of the gold medal in honor of the American Fighter Aces, the gold medal shall be given to the Smithsonian Institution, where it will be available for display as appropriate and available for research. (2) Sense of the Congress It is the sense of the Congress that the Smithsonian Institution should make the gold medal awarded pursuant to this Act available for display elsewhere, particularly at appropriate locations associated with the American Fighter Aces, and that preference should be given to locations affiliated with the Smithsonian Institution. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. National medals The medal struck pursuant to this Act is a national medal for purposes of chapter 51 of title 31, United States Code. 6. Authority To use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund, an amount not to exceed $40,000 to pay for the cost of the medal authorized under section 3. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-113hr685ih/xml/BILLS-113hr685ih.xml |
113-hr-686 | I 113th CONGRESS 1st Session H. R. 686 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mrs. Noem (for herself, Mr. Walz , Mr. Fortenberry , Mr. Peterson , Mr. Blumenauer , Mr. Wittman , Mr. Thompson of Mississippi , and Mr. Latta ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the Federal Crop Insurance Act to modify the ineligibility requirements for producers that produce an annual crop on native sod, and for other purposes.
1. Short title This Act may be cited as the Protect our Prairies Act . 2. Crop production on native sod (a) Federal crop insurance Section 508(o) of the Federal Crop Insurance Act (7 U.S.C. 1508(o)) is amended— (1) in paragraph (1)(B), by inserting , or the producer cannot substantiate that the ground has ever been tilled, after tilled ; (2) in paragraph (2)(A), by striking for benefits under— and all that follows through the period at the end and inserting for— (i) a portion of crop insurance premium subsidies under this subtitle in accordance with paragraph (3); (ii) benefits under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7333); and (iii) payments described in subsection (b) or (c) of section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ). ; and (3) by striking paragraph (3) and inserting the following new paragraph: (3) Administration (A) In general During the first 4 crop years of planting on native sod acreage (as described in paragraph (2)) by a producer— (i) paragraph (2) shall apply to 65 percent of the transitional yield of the producer; and (ii) the crop insurance premium subsidy provided for the producer under this subtitle shall be 50 percentage points less than the premium subsidy that would otherwise apply. (B) Yield substitution During the period native sod acreage is covered by this subsection, a producer may not substitute yields for the native sod acreage. . (b) Noninsured crop disaster assistance Section 196(a)(4) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333(a)(4) ) is amended— (1) in subparagraph (A)(ii), by inserting , or the producer cannot substantiate that the ground has ever been tilled, after tilled ; (2) in subparagraph (B)(i), by striking for benefits under— and all that follows through the period at the end and inserting for— (I) benefits under this section; (II) a portion of crop insurance premium subsidies under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) in accordance with subparagraph (C); and (III) payments described in subsection (b) or (c) of section 1001 of the Food Security Act of 1985 ( 7 U.S.C. 1308 ). ; and (3) by striking subparagraph (C) and inserting the following new subparagraph: (C) Administration (i) In general During the first 4 crop years of planting on native sod acreage (as described in subparagraph (B)) by a producer— (I) subparagraph (B) shall apply to 65 percent of the transitional yield of the producer; and (II) the crop insurance premium subsidy provided for the producer under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) shall be 50 percentage points less than the premium subsidy that would otherwise apply. (ii) Yield substitution During the period native sod acreage is covered by this paragraph, a producer may not substitute yields for the native sod acreage. . (c) Cropland report (1) Baseline Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the cropland acreage in each county and State, and the change in cropland acreage from the preceding year in each county and State, beginning with calendar year 2000 and including that information for the most recent year for which that information is available. (2) Annual updates Not later than January 1, 2014, and each January 1 thereafter through January 1, 2017, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes— (A) the cropland acreage in each county and State as of the date of submission of the report; and (B) the change in cropland acreage from the preceding year in each county and State. | https://www.govinfo.gov/content/pkg/BILLS-113hr686ih/xml/BILLS-113hr686ih.xml |
113-hr-687 | I 113th CONGRESS 1st Session H. R. 687 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Gosar (for himself, Mrs. Kirkpatrick , Mr. Salmon , Mr. Schweikert , and Mr. Franks of Arizona ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To facilitate the efficient extraction of mineral resources in southeast Arizona by authorizing and directing an exchange of Federal and non-Federal land, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Southeast Arizona Land Exchange and Conservation 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 and purpose. Sec. 3. Definitions. Sec. 4. Land exchange. Sec. 5. Conveyance and management of non-Federal land. Sec. 6. Value adjustment payment to United States. Sec. 7. Withdrawal. Sec. 8. Apache leap. Sec. 9. Conveyances to town of Superior, Arizona. Sec. 10. Miscellaneous provisions. 2. Findings and purpose (a) Findings Congress finds that— (1) the land exchange furthers public objectives referenced in section 206 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716 ) including— (A) promoting significant job and other economic opportunities in a part of the State of Arizona that has a long history of mining, but is currently experiencing high unemployment rates and economic difficulties; (B) facilitating the development of a world-class domestic copper deposit capable of meeting a significant portion of the annual United States demand for this strategic and important mineral, in an area which has already been subject to mining operations; (C) significantly enhancing Federal, State, and local revenue collections in a time of severe governmental budget shortfalls; (D) securing Federal ownership and protection of land with significant fish and wildlife, recreational, scenic, water, riparian, cultural, and other public values; (E) assisting more efficient Federal land management via Federal acquisition of land for addition to the Las Cienegas and San Pedro National Conservation Areas, and to the Tonto and Coconino National Forests; (F) providing opportunity for community expansion and economic diversification adjacent to the towns of Superior, Miami, and Globe, Arizona; and (G) protecting the cultural resources and other values of the Apache Leap escarpment located near Superior, Arizona; and (2) the land exchange is, therefore, in the public interest. (b) Purpose It is the purpose of this Act to authorize, direct, facilitate, and expedite the exchange of land between Resolution Copper and the United States. 3. Definitions In this Act: (1) Apache leap The term Apache Leap means the approximately 807 acres of land depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Apache Leap and dated March 2011. (2) Federal land The term Federal land means the approximately 2,422 acres of land located in Pinal County, Arizona, depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Federal Parcel–Oak Flat and dated March 2011. (3) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (4) Non-Federal land The term non-Federal land means the parcels of land owned by Resolution Copper that are described in section 5(a) and, if necessary to equalize the land exchange under section 4, section 4(e)(2)(A)(i). (5) Oak flat campground The term Oak Flat Campground means the approximately 50 acres of land comprising approximately 16 developed campsites depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Oak Flat Campground and dated March 2011. (6) Oak flat withdrawal area The term Oak Flat Withdrawal Area means the approximately 760 acres of land depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Oak Flat Withdrawal Area and dated March 2011. (7) Resolution copper The term Resolution Copper means Resolution Copper Mining, LLC, a Delaware limited liability company, including any successor, assign, affiliate, member, or joint venturer of Resolution Copper Mining, LLC. (8) Secretary The term Secretary means the Secretary of Agriculture. (9) State The term State means the State of Arizona. (10) Town The term Town means the incorporated town of Superior, Arizona. 4. Land exchange (a) In general Subject to the provisions of this Act, if Resolution Copper offers to convey to the United States all right, title, and interest of Resolution Copper in and to the non-Federal land, the Secretary is authorized and directed to convey to Resolution Copper, all right, title, and interest of the United States in and to the Federal land. (b) Conditions on acceptance Title to any non-Federal land conveyed by Resolution Copper to the United States under this Act shall be in a form that— (1) is acceptable to the Secretary, for land to be administered by the Forest Service and the Secretary of the Interior, for land to be administered by the Bureau of Land Management; and (2) conforms to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government. (c) Consultation with indian tribes If not undertaken prior to enactment of this Act, within 30 days of the date of enactment of this Act, the Secretary shall engage in government-to-government consultation with affected Indian tribes concerning issues related to the land exchange, in accordance with applicable laws (including regulations). (d) Appraisals (1) In general As soon as practicable after the date of enactment of this Act, the Secretary and Resolution Copper shall select an appraiser to conduct appraisals of the Federal land and non-Federal land in compliance with the requirements of section 254.9 of title 36, Code of Federal Regulations. (2) Requirements (A) In general Except as provided in subparagraph (B), an appraisal prepared under this subsection shall be conducted in accordance with nationally recognized appraisal standards, including— (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (B) Final appraised value After the final appraised values of the Federal land and non-Federal land are determined and approved by the Secretary, the Secretary shall not be required to reappraise or update the final appraised value— (i) for a period of 3 years beginning on the date of the approval by the Secretary of the final appraised value; or (ii) at all, in accordance with section 254.14 of title 36, Code of Federal Regulations (or a successor regulation), after an exchange agreement is entered into by Resolution Copper and the Secretary. (C) Improvements Any improvements made by Resolution Copper prior to entering into an exchange agreement shall not be included in the appraised value of the Federal land. (D) Public review Before consummating the land exchange under this Act, the Secretary shall make the appraisals of the land to be exchanged (or a summary thereof) available for public review. (3) Appraisal information The appraisal prepared under this subsection shall include a detailed income capitalization approach analysis of the market value of the Federal land which may be utilized, as appropriate, to determine the value of the Federal land, and shall be the basis for calculation of any payment under section 6. (e) Equal value land exchange (1) In general The value of the Federal land and non-Federal land to be exchanged under this Act shall be equal or shall be equalized in accordance with this subsection. (2) Surplus of Federal land value (A) In general If the final appraised value of the Federal land exceeds the value of the non-Federal land, Resolution Copper shall— (i) convey additional non-Federal land in the State to the Secretary or the Secretary of the Interior, consistent with the requirements of this Act and subject to the approval of the applicable Secretary; (ii) make a cash payment to the United States; or (iii) use a combination of the methods described in clauses (i) and (ii), as agreed to by Resolution Copper, the Secretary, and the Secretary of the Interior. (B) Amount of payment The Secretary may accept a payment in excess of 25 percent of the total value of the land or interests conveyed, notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1716(b) ). (C) Disposition and use of proceeds Any amounts received by the United States under this subparagraph shall be deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act ; 16 U.S.C. 484a ) and shall be made available, in such amounts as are provided in advance in appropriation Acts, to the Secretary for the acquisition of land for addition to the National Forest System. (3) Surplus of non-Federal land If the final appraised value of the non-Federal land exceeds the value of the Federal land— (A) the United States shall not make a payment to Resolution Copper to equalize the value; and (B) except as provided in section 9(b)(2)(B), the surplus value of the non-Federal land shall be considered to be a donation by Resolution Copper to the United States. (f) Oak flat withdrawal area (1) Permits Subject to the provisions of this subsection and notwithstanding any withdrawal of the Oak Flat Withdrawal Area from the mining, mineral leasing, or public land laws, the Secretary, upon enactment of this Act, shall issue to Resolution Copper— (A) if so requested by Resolution Copper, within 30 days of such request, a special use permit to carry out mineral exploration activities under the Oak Flat Withdrawal Area from existing drill pads located outside the Area, if the activities would not disturb the surface of the Area; and (B) if so requested by Resolution Copper, within 90 days of such request, a special use permit to carry out mineral exploration activities within the Oak Flat Withdrawal Area (but not within the Oak Flat Campground), if the activities are conducted from a single exploratory drill pad which is located to reasonably minimize visual and noise impacts on the Campground. (2) Conditions Any activities undertaken in accordance with this subsection shall be subject to such reasonable terms and conditions as the Secretary may require. (3) Termination The authorization for Resolution Copper to undertake mineral exploration activities under this subsection shall remain in effect until the Oak Flat Withdrawal Area land is conveyed to Resolution Copper in accordance with this Act. (g) Costs As a condition of the land exchange under this Act, Resolution Copper shall agree to pay, without compensation, all costs that are— (1) associated with the land exchange and any environmental review document under subsection (j); and (2) agreed to by the Secretary. (h) Use of Federal land The Federal land to be conveyed to Resolution Copper under this Act shall be available to Resolution Copper for mining and related activities subject to and in accordance with applicable Federal, State, and local laws pertaining to mining and related activities on land in private ownership. (i) Intent of Congress It is the intent of Congress that the land exchange directed by this Act shall be consummated not later than one year after the date of enactment of this Act. (j) Environmental compliance Compliance with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) under this Act shall be as follows: (1) Prior to commencing production in commercial quantities of any valuable mineral from the Federal land conveyed to Resolution Copper under this Act (except for any production from exploration and mine development shafts, adits, and tunnels needed to determine feasibility and pilot plant testing of commercial production or to access the ore body and tailing deposition areas), Resolution Copper shall submit to the Secretary a proposed mine plan of operations. (2) The Secretary shall, within 3 years of such submission, complete preparation of an environmental review document in accordance with section 102(2) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4322(2) ) which shall be used as the basis for all decisions under applicable Federal laws, rules and regulations regarding any Federal actions or authorizations related to the proposed mine and mine plan of operations of Resolution Copper, including the construction of associated power, water, transportation, processing, tailings, waste dump, and other ancillary facilities. 5. Conveyance and management of non-Federal land (a) Conveyance On receipt of title to the Federal land, Resolution Copper shall simultaneously convey— (1) to the Secretary, all right, title, and interest that the Secretary determines to be acceptable in and to— (A) the approximately 147 acres of land located in Gila County, Arizona, depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Turkey Creek and dated March 2011; (B) the approximately 148 acres of land located in Yavapai County, Arizona, depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Tangle Creek and dated March 2011; (C) the approximately 149 acres of land located in Maricopa County, Arizona, depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Cave Creek and dated March 2011; (D) the approximately 640 acres of land located in Coconino County, Arizona, depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–East Clear Creek and dated March 2011; and (E) the approximately 110 acres of land located in Pinal County, Arizona, depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Apache Leap South End and dated March 2011; and (2) to the Secretary of the Interior, all right, title, and interest that the Secretary of the Interior determines to be acceptable in and to— (A) the approximately 3,050 acres of land located in Pinal County, Arizona, identified as Lands to DOI as generally depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Lower San Pedro River and dated July 6, 2011; (B) the approximately 160 acres of land located in Gila and Pinal Counties, Arizona, identified as Lands to DOI as generally depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Dripping Springs and dated July 6, 2011; and (C) the approximately 940 acres of land located in Santa Cruz County, Arizona, identified as Lands to DOI as generally depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Non-Federal Parcel–Appleton Ranch and dated July 6, 2011. (b) Management of acquired land (1) Land acquired by the Secretary (A) In general Land acquired by the Secretary under this Act shall— (i) become part of the national forest in which the land is located; and (ii) be administered in accordance with the laws applicable to the National Forest System. (B) Boundary revision On the acquisition of land by the Secretary under this Act, the boundaries of the national forest shall be modified to reflect the inclusion of the acquired land. (C) Land and water conservation fund For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 ( 16 U.S.C. 4601–9 ), the boundaries of a national forest in which land acquired by the Secretary is located shall be deemed to be the boundaries of that forest as in existence on January 1, 1965. (2) Land acquired by the Secretary of the interior (A) San pedro national conservation area (i) In general The land acquired by the Secretary of the Interior under subsection (a)(2)(A) shall be added to, and administered as part of, the San Pedro National Conservation Area in accordance with the laws (including regulations) applicable to the Conservation Area. (ii) Management plan Not later than 2 years after the date on which the land is acquired, the Secretary of the Interior shall update the management plan for the San Pedro National Conservation Area to reflect the management requirements of the acquired land. (B) Dripping springs Land acquired by the Secretary of the Interior under subsection (a)(2)(B) shall be managed in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ) and applicable land use plans. (C) Las cienegas national conservation area Land acquired by the Secretary of the Interior under subsection (a)(2)(C) shall be added to, and administered as part of, the Las Cienegas National Conservation Area in accordance with the laws (including regulations) applicable to the Conservation Area. (c) Surrender of rights In addition to the conveyance of the non-Federal land to the United States under this Act, and as a condition of the land exchange, Resolution Copper shall surrender to the United States, without compensation, the rights held by Resolution Copper under the mining laws and other laws of the United States to commercially extract minerals under Apache Leap. 6. Value adjustment payment to United States (a) Annual production reporting (1) Report required As a condition of the land exchange under this Act, Resolution Copper shall submit to the Secretary of the Interior an annual report indicating the quantity of locatable minerals produced during the preceding calendar year in commercial quantities from the Federal land conveyed to Resolution Copper under section 4. The first report is required to be submitted not later than February 15 of the first calendar year beginning after the date of commencement of production of valuable locatable minerals in commercial quantities from such Federal land. The reports shall be submitted February 15 of each calendar year thereafter. (2) Sharing reports with state The Secretary shall make each report received under paragraph (1) available to the State. (3) Report contents The reports under paragraph (1) shall comply with any recordkeeping and reporting requirements prescribed by the Secretary or required by applicable Federal laws in effect at the time of production. (b) Payment on production If the cumulative production of valuable locatable minerals produced in commercial quantities from the Federal land conveyed to Resolution Copper under section 4 exceeds the quantity of production of locatable minerals from the Federal land used in the income capitalization approach analysis prepared under section 4(d)(3), Resolution Copper shall pay to the United States, by not later than March 15 of each applicable calendar year, a value adjustment payment for the quantity of excess production at the same rate assumed for the income capitalization approach analysis prepared under section 4(d)(3). (c) State law unaffected Nothing in this section modifies, expands, diminishes, amends, or otherwise affects any State law relating to the imposition, application, timing, or collection of a State excise or severance tax. (d) Use of funds (1) Separate fund All funds paid to the United States under this section shall be deposited in a special fund established in the Treasury and shall be available, in such amounts as are provided in advance in appropriation Acts, to the Secretary and the Secretary of the Interior only for the purposes authorized by paragraph (2). (2) Authorized use Amounts in the special fund established pursuant to paragraph (1) shall be used for maintenance, repair, and rehabilitation projects for Forest Service and Bureau of Land Management assets. 7. Withdrawal Subject to valid existing rights, Apache Leap and any land acquired by the United States under this Act are withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. 8. Apache leap (a) Management (1) In general The Secretary shall manage Apache Leap to preserve the natural character of Apache Leap and to protect archeological and cultural resources located on Apache Leap. (2) Special use permits The Secretary may issue to Resolution Copper special use permits allowing Resolution Copper to carry out underground activities (other than the commercial extraction of minerals) under the surface of Apache Leap that the Secretary determines would not disturb the surface of the land, subject to any terms and conditions that the Secretary may require. (3) Fences; signage The Secretary may allow use of the surface of Apache Leap for installation of fences, signs, monitoring devices, or other measures necessary to protect the health and safety of the public, protect resources located on Apache Leap, or to ensure that activities conducted under paragraph (2) do not affect the surface of Apache Leap. (b) Plan (1) In general Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with affected Indian tribes, the Town, Resolution Copper, and other interested members of the public, shall prepare a management plan for Apache Leap. (2) Considerations In preparing the plan under paragraph (1), the Secretary shall consider whether additional measures are necessary to— (A) protect the cultural, archaeological, or historical resources of Apache Leap, including permanent or seasonal closures of all or a portion of Apache Leap; and (B) provide access for recreation. (c) Mining activities The provisions of this section shall not impose additional restrictions on mining activities carried out by Resolution Copper adjacent to, or outside of, the Apache Leap area beyond those otherwise applicable to mining activities on privately owned land under Federal, State, and local laws, rules and regulations. 9. Conveyances to town of Superior, Arizona (a) Conveyances On request from the Town and subject to the provisions of this section, the Secretary shall convey to the Town the following: (1) Approximately 30 acres of land as depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Federal Parcel–Fairview Cemetery and dated March 2011. (2) The reversionary interest and any reserved mineral interest of the United States in the approximately 265 acres of land located in Pinal County, Arizona, as depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Federal Reversionary Interest–Superior Airport and dated March 2011. (3) The approximately 250 acres of land located in Pinal County, Arizona, as depicted on the map entitled Southeast Arizona Land Exchange and Conservation Act of 2011–Federal Parcel–Superior Airport Contiguous Parcels and dated March 2011. (b) Payment The Town shall pay to the Secretary the market value for each parcel of land or interest in land acquired under this section, as determined by appraisals conducted in accordance with section 4(d). (c) Sisk Act Any payment received by the Secretary from the Town under this section shall be deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act ) ( 16 U.S.C. 484a ) and shall be made available, in such amounts as are provided in advance in appropriation Acts, to the Secretary for the acquisition of land for addition to the National Forest System. (d) Terms and conditions The conveyances under this section shall be subject to such terms and conditions as the Secretary may require. 10. Miscellaneous provisions (a) Revocation of orders; withdrawal (1) Revocation of orders Any public land order that withdraws the Federal land from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit disposal of the land. (2) Withdrawal On the date of enactment of this Act, if the Federal land or any Federal interest in the non-Federal land to be exchanged under section 4 is not withdrawn or segregated from entry and appropriation under a public land law (including mining and mineral leasing laws and the Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. )), the land or interest shall be withdrawn, without further action required by the Secretary concerned, from entry and appropriation. The withdrawal shall be terminated— (A) on the date of consummation of the land exchange; or (B) if Resolution Copper notifies the Secretary in writing that it has elected to withdraw from the land exchange pursuant to section 206(d) of the Federal Land Policy and Management Act of 1976, as amended ( 43 U.S.C. 1716(d) ). (3) Rights of resolution copper Nothing in this Act shall interfere with, limit, or otherwise impair, the unpatented mining claims or rights currently held by Resolution Copper on the Federal land, nor in any way change, diminish, qualify, or otherwise impact Resolution Copper’s rights and ability to conduct activities on the Federal land under such unpatented mining claims and the general mining laws of the United States, including the permitting or authorization of such activities. (b) Maps, estimates, and descriptions (1) Minor errors The Secretary concerned and Resolution Copper may correct, by mutual agreement, any minor errors in any map, acreage estimate, or description of any land conveyed or exchanged under this Act. (2) Conflict If there is a conflict between a map, an acreage estimate, or a description of land in this Act, the map shall control unless the Secretary concerned and Resolution Copper mutually agree otherwise. (3) Availability On the date of enactment of this Act, the Secretary shall file and make available for public inspection in the Office of the Supervisor, Tonto National Forest, each map referred to in this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr687ih/xml/BILLS-113hr687ih.xml |
113-hr-688 | I 113th CONGRESS 1st Session H. R. 688 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Royce (for himself, Mrs. McCarthy of New York , Mr. Bishop of Georgia , Mr. Blumenauer , Ms. Bonamici , Mr. Calvert , Mr. Chabot , Mr. Cicilline , Mr. Coble , Mr. Connolly , Mr. Cook , Ms. Hahn , Mr. Heck of Nevada , Mr. Huffman , Mr. Johnson of Georgia , Mr. Jones , Mr. Larson of Connecticut , Mr. Lewis , Mr. McClintock , Mr. Meeks , Mr. Michaud , Mrs. Napolitano , Ms. Norton , Mr. Peters of Michigan , Ms. Pingree of Maine , Mr. Poe of Texas , Mr. Posey , Ms. Roybal-Allard , Mr. Schiff , Mr. Schrader , Mr. Sherman , Mr. Stivers , Mr. Thompson of California , Mr. Upton , Ms. Waters , Mr. Yarmuth , Mr. Bishop of New York , and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Credit Union Act to provide certain credit unions with the authority to make additional member business loans, and for other purposes.
1. Short title This Act may be cited as the Credit Union Small Business Jobs Creation Act . 2. Limits on member business loans (a) Revised limitation and criteria Effective 6 months after the date of enactment of this Act, section 107A(a) of the Federal Credit Union Act (12 U.S.C. 1757a(a)) is amended to read as follows: (a) Limitation (1) In general Except as provided in paragraph (2), an insured credit union may not make any member business loan that would result in the total amount of such loans outstanding at that credit union at any one time to be equal to more than the lesser of— (A) 1.75 times the actual net worth of the credit union; or (B) 12.25 percent of the total assets of the credit union. (2) Additional Authority The Board may approve an application by an insured credit union upon a finding that the credit union meets the criteria under this paragraph to make 1 or more member business loans that would result in a total amount of such loans outstanding at any one time of not more than 27.5 percent of the total assets of the credit union, if the credit union— (A) had member business loans outstanding at the end of each of the 4 consecutive quarters immediately preceding the date of the application, in a total amount of not less than 80 percent of the applicable limitation under paragraph (1); (B) is well capitalized, as defined in section 216(c)(1)(A); (C) can demonstrate at least 5 years of experience of sound underwriting and servicing of member business loans; (D) has the requisite policies and experience in managing member business loans; and (E) has satisfied other standards that the Board determines are necessary to maintain the safety and soundness of the insured credit union. (3) Effect of not being well capitalized An insured credit union that has made member business loans under an authorization under paragraph (2) and that is not, as of its most recent quarterly call report, well capitalized, may not make any member business loans until such time as the credit union becomes well capitalized, as reflected in a subsequent quarterly call report, and obtains the approval of the Board. . (b) Implementation (1) Tiered approval process The Board shall develop a tiered approval process, under which an insured credit union gradually increases the amount of member business lending in a manner that is consistent with safe and sound operations, subject to the limits established under section 107A(a)(2) of the Federal Credit Union Act (as amended by this Act). The rate of increase under the process established under this paragraph may not exceed 30 percent per year. (2) Rulemaking required The Board shall issue proposed rules, not later than 6 months after the date of enactment of this Act, to establish the tiered approval process required under paragraph (1). The tiered approval process shall establish standards designed to ensure that the new business lending capacity authorized under the amendment made by subsection (a) is being used only by insured credit unions that are well managed and well capitalized, as required by the amendments made under subsection (a) and as defined by the rules issued by the Board under this paragraph. (3) Considerations In issuing rules required under this subsection, the Board shall consider— (A) the experience level of the institutions, including a demonstrated history of sound member business lending; (B) the criteria under section 107A(a)(2) of the Federal Credit Union Act, as amended by this Act; and (C) such other factors as the Board determines necessary or appropriate. (c) Reports to Congress on Member Business Lending (1) Report of the Board (A) In General Not later than 3 years after the date of enactment of this Act, the Board shall submit a report to Congress on member business lending by insured credit unions. (B) Report The report required under subparagraph (A) shall include— (i) the types and asset size of insured credit unions making member business loans and the member business loan limitations applicable to the insured credit unions; (ii) the overall amount and average size of member business loans by each insured credit union; (iii) the ratio of member business loans by insured credit unions to total assets and net worth; (iv) the performance of the member business loans, including delinquencies and net charge-offs; (v) the effect of this section on the number of insured credit unions engaged in member business lending, any change in the amount of member business lending, and the extent to which any increase is attributed to the change in the limitation in section 107A(a) of the Federal Credit Union Act, as amended by this Act; (vi) the number, types, and asset size of insured credit unions that were denied or approved by the Board for increased member business loans under section 107A(a)(2), as amended by this Act, including denials and approvals under the tiered approval process; (vii) the types and sizes of businesses that receive member business loans, the duration of the credit union membership of the businesses at the time of the loan, the types of collateral used to secure member business loans, and the income level of members receiving member business loans; and (viii) the effect of any increases in member business loans on the risk to the National Credit Union Share Insurance Fund and the assessments on insured credit unions. (2) GAO study and report (A) Study The Comptroller General of the United States shall conduct a study on the status of member business lending by insured credit unions, including— (i) trends in such lending; (ii) types and amounts of member business loans; (iii) the effectiveness of this section in enhancing small business lending; (iv) recommendations for legislative action, if any, with respect to such lending; and (v) any other information that the Comptroller General considers relevant with respect to such lending. (B) Report Not later than 3 years after the date of enactment of this Act, the Comptroller General shall submit a report to Congress on the study required by subparagraph (A). (d) Definitions In this section— (1) the term Board means the National Credit Union Administration Board; (2) the term insured credit union has the meaning given that term in section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ); (3) the term member business loan has the meaning given that term in section 107A(c)(1) of the Federal Credit Union Act ( 12 U.S.C. 1757a(c)(1) ); (4) the term net worth has the meaning given that term in section 107A(c)(2) of the Federal Credit Union Act ( 12 U.S.C. 1757a(c)(2) ); and (5) the term well capitalized has the meaning given that term in section 216(c)(1)(A) of the Federal Credit Union Act ( 12 U.S.C. 1709d(c)(1)(A) ). | https://www.govinfo.gov/content/pkg/BILLS-113hr688ih/xml/BILLS-113hr688ih.xml |
113-hr-689 | I 113th CONGRESS 1st Session H. R. 689 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Blumenauer (for himself, Mr. Rohrabacher , Mr. Polis , Ms. Lee of California , Mr. Moran , Mr. Cohen , Mr. Farr , Mr. Grijalva , Mr. Nadler , Mr. Hastings of Florida , Ms. Schakowsky , Mr. Honda , and Mr. Huffman ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the rescheduling of marijuana and for the medical use of marijuana in accordance with the laws of the various States.
1. Short title This Act may be cited as the States' Medical Marijuana Patient Protection Act . 2. Controlled Substances Act (a) Schedule (1) Not later than 180 days after the date of enactment of this Act, the Secretary of Health and Human Services, in cooperation with the National Academy of Sciences' Institute of Medicine, shall submit to the Administrator of the Drug Enforcement Administration a recommendation on the listing of marijuana within the Controlled Substances Act ( 21 U.S.C. 801 et seq. ), and shall recommend a listing other than Schedule I or Schedule II . (2) Not later than one year after the date of enactment of this Act, the Administrator of the Drug Enforcement Administration shall, based upon the recommendation under paragraph (1), issue a notice of proposed rulemaking for the rescheduling of marijuana within the Controlled Substances Act, which shall include a recommendation to list marijuana as other than a Schedule I or Schedule II substance. (b) Limitations on the application of the Controlled Substances Act (1) In general No provision of the Controlled Substances Act shall prohibit or otherwise restrict in a State in which the medical use of marijuana is legal under State law— (A) the prescription or recommendation of marijuana for medical use by a medical professional or the certification by a medical professional that a patient has a condition for which marijuana may have therapeutic benefit; (B) an individual from obtaining, manufacturing, possessing, or transporting within their State marijuana for medical purposes, provided the activities are authorized under State law; or (C) a pharmacy or other entity authorized under local or State law to distribute medical marijuana to individuals authorized to possess medical marijuana under State law from obtaining, possessing or distributing marijuana to such individuals. (2) Production No provision of the Controlled Substances Act shall prohibit or otherwise restrict an entity authorized by a State or local government, in a State in which the possession and use of marijuana for medical purposes is legal from producing, processing, or distributing marijuana for such purposes. 3. Federal Food, Drug, and Cosmetic Act (a) In general No provision of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ) shall prohibit or otherwise restrict in a State in which the medical use of marijuana is legal under State law— (1) the prescription or recommendation of marijuana for medical use by a medical professional or the certification by a medical professional that a patient has a condition for which marijuana may have therapeutic benefit; (2) an individual from obtaining, manufacturing, possessing, or transporting within their State marijuana for medical purposes, provided the activities are authorized under State law; or (3) a pharmacy or other entity authorized under local or State law to distribute medical marijuana to individuals authorized to possess medical marijuana under State law from obtaining, possessing, or distributing marijuana to such individuals. (b) Production No provision of the Federal Food, Drug, and Cosmetic Act shall prohibit or otherwise restrict an entity authorized by a State or local government, in a State in which the possession and use of marijuana for medical purposes is legal from producing, processing, or distributing marijuana for such purpose. 4. Administration of registration requirements related to marijuana research Not later than 180 days after the date of enactment of this Act, the Attorney General shall delegate responsibility under section 303(f) of the Controlled Substances Act ( 21 U.S.C. 823(f) ) for control over access to marijuana for research into its potential therapeutic and medicinal uses to an entity of the Executive Branch that is not focused on researching the addictive properties of substances. That entity shall take appropriate actions to ensure that an adequate supply of marijuana is available for therapeutic and medicinal research. 5. Relation of Act to certain prohibitions relating to smoking This Act does not affect any Federal, State, or local law regulating or prohibiting smoking in public. | https://www.govinfo.gov/content/pkg/BILLS-113hr689ih/xml/BILLS-113hr689ih.xml |
113-hr-690 | I 113th CONGRESS 1st Session H. R. 690 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Latham (for himself and Mr. Walz ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to modify the per-fiscal year calculation of days of certain active duty or active service used to reduce the minimum age at which a member of a reserve component of the uniformed services may retire for non-regular service.
1. Short title This Act may be cited as the Reserve Retirement Deployment Credit Correction Act . 2. Modification of per-fiscal year calculation of days of certain active duty or active service to reduce eligibility age for retirement for non-regular service (a) Accumulation of 90-Day periods of service within any two consecutive fiscal years Section 12731(f)(2)(A) of title 10, United States Code, is amended by striking in any fiscal year and inserting in any two consecutive fiscal years . (b) Retroactive effective date The amendment made by subsection (a) shall take effect as of January 28, 2008, and as if included in the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) as enacted. | https://www.govinfo.gov/content/pkg/BILLS-113hr690ih/xml/BILLS-113hr690ih.xml |
113-hr-691 | I 113th CONGRESS 1st Session H. R. 691 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. George Miller of California (for himself, Mr. Barrow of Georgia , and Mr. Courtney ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To require the Secretary of Labor to issue an interim occupational safety and health standard regarding worker exposure to combustible dust, and for other purposes.
1. Short title This Act may be cited as the Worker Protection Against Combustible Dust Explosions and Fires Act of 2013 . 2. Findings Congress finds the following: (1) An emergency exists concerning worker exposure to combustible dust explosions and fires, and there is a significant risk of death or severe injury to workers employed at facilities where combustible dusts are present. (2) Following 3 catastrophic dust explosions that killed 14 workers in 2003, the Chemical Safety and Hazard Investigation Board (CSB) issued a report in November 2006, which identified 281 combustible dust incidents between 1980 and 2005 that killed 119 workers and injured 718. The CSB concluded that combustible dust explosions are a serious hazard in American industry . A quarter of the explosions occurred at food industry facilities, including sugar plants. (3) In November 2006, the CSB recommended that the Occupational Safety and Health Administration (OSHA) issue a standard designed to prevent combustible dust fires and explosions in general industry, based on current National Fire Protection Association (NFPA) dust explosion standards. (4) Fourteen workers were killed and more than 38 seriously injured in a catastrophic combustible dust explosion at Imperial Sugar in Port Wentworth, Georgia on February 7, 2008. (5) An investigation by the CSB found that the explosion at Imperial Sugar was fueled by a massive accumulation of sugar dust throughout the packaging building, triggering a series of secondary explosions throughout the factory. (6) The CSB’s final report of September 24, 2009, regarding the Imperial Sugar Refinery explosion reiterated its previous recommendation from November 2006 that OSHA proceed expeditiously to promulgate a comprehensive standard to reduce or eliminate hazards from fire and explosion from combustible powders and dust . (7) Combustible dust explosions and fires continue to injure workers and cause property damage. In the 5 years since the February 7, 2008, explosion at Imperial Sugar, there have been 50 additional combustible dust explosions or fires resulting in 15 deaths and 127 injuries to workers through February 7, 2013, according to estimates released by the Chemical Safety Board. (8) On October 21, 2009, OSHA issued an advance notice of proposed rulemaking in response to the CSB’s recommendation; however, a final rule will take at least 4 more years, during which it is foreseeable that additional workers will be seriously injured or killed. (9) OSHA issued a grain handling facilities standard (29 C.F.R. 1910.272) in 1987 that has proven highly effective in reducing the risk of combustible grain dust explosions, according to an OSHA evaluation. (10) No OSHA standard comprehensively addresses combustible dust explosion hazards in general industry. (11) Voluntary NFPA standards exist that, when implemented, effectively reduce the likelihood and impact of combustible dust explosions. In particular— (A) certain requirements currently apply to existing establishments, which NFPA refers to as a retroactive application, and include hazard assessment, housekeeping, control of static electricity, control of open flames and sparks, use of certain tools, employee training, and requirements for inspection and maintenance of equipment; (B) other requirements include conventional ignition source control and dust emission control technologies, such as ventilation systems that capture fugitive dust, and enclosure of dust generating processes; (C) many employers currently implement such requirements from NFPA standards to address combustible dust hazards in the workplace; and (D) many employers maintain written combustible dust safety programs and involve employees in implementing the program, which are important aspects of a comprehensive combustible dust hazard control system. (12) Implementation of such means of hazard control is both technologically and economically feasible and would substantially reduce risks related to combustible dust fires and explosions to workers. 3. Issuance of interim standard on combustible dust (a) Application and rulemaking Not later than 1 year after the date of enactment of this Act, the Secretary of Labor shall promulgate an interim final standard regulating occupational exposure to combustible dust hazards. The interim final standard shall, at a minimum, apply to manufacturing, processing, blending, conveying, repackaging, and handling of combustible particulate solids and their dusts, including organic dusts (such as sugar, candy, paper, soap, and dried blood), plastics, sulfur, wood, rubber, furniture, textiles, pesticides, pharmaceuticals, fibers, dyes, coal, metals (such as aluminum, chromium, iron, magnesium, and zinc), fossil fuels, and others determined by the Secretary, but shall not apply to processes already covered by the occupational safety and health standard on grain facilities contained in section 1910.272 of title 29, Code of Federal Regulations. (b) Application The interim final standard required under this section shall be based on those portions of the National Fire Protection Association Standards in effect on the date of enactment of this Act that— (1) apply to existing facilities; or (2) call for source and dust emission control technologies, such as ventilation systems that capture fugitive dust, and enclosure of dust generating processes. (c) Requirements The interim final standard required under this section shall include the following elements: (1) Requirements for hazard assessment to identify, evaluate, and control combustible dust hazards. (2) Requirements for a written program that includes provisions for hazardous dust inspection, testing, hot work, ignition control, and housekeeping, including the frequency and method or methods used to minimize accumulations of combustible dust on ledges, floors, equipment, and other exposed surfaces. (3) Requirements for engineering controls, administrative controls, and operating procedures, including means to control fugitive dust emissions and ignition sources, and the safe use and maintenance of process equipment and dust collection systems and filters. (4) Requirements for workplace inspection and housekeeping to prevent accumulation of combustible dust in places of employment in such depths that it can present explosion, deflagration, or other fire hazards, including safe methods of dust removal. (5) Requirements for participation of employees and their representatives in hazard assessment, development of and compliance with the written program, incident investigation, and other elements of hazard management. (6) Requirements to provide written safety and health information and annual training to managers and employees and their representatives, including housekeeping procedures, hot work procedures, preventive, predictive, and periodic maintenance procedures, common ignition sources, and lock-out, tag-out procedures. (d) Applicability of other statutory requirements The requirements applicable to occupational safety and health standards under section 6(b) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 655(b) ), the requirements of chapters 5 and 6 of title 5, United States Code, and titles 2 and 42, United States Code, shall not apply to the issuance of the interim final standard required under this section. (e) Effective date of interim standard The interim final standard shall take effect 30 days after issuance, except that such standard may include a reasonable phase-in period for implementation of required engineering controls. The interim final standard shall have the legal effect of an occupational safety and health standard, and shall apply until a final standard becomes effective under section 6 of the Occupational Safety and Health Act (29 U.S.C. 655). 4. Final standard on combustible dust Not later than 18 months after the date on which the interim final standard is issued under section 3, the Secretary of Labor shall, pursuant to section 6 of the Occupational Safety and Health Act ( 29 U.S.C. 655 ), issue a proposed rule for regulating combustible dust explosions that includes the major elements contained in the interim final standard issued under section 3, and shall issue a final rule 3 years after the issuance of a proposed rule. | https://www.govinfo.gov/content/pkg/BILLS-113hr691ih/xml/BILLS-113hr691ih.xml |
113-hr-692 | I 113th CONGRESS 1st Session H. R. 692 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Barletta introduced the following bill; which was referred to the Committee on Homeland Security A BILL To provide protection for certain Federal employees with respect to implementation of the June 15, 2012, memorandum from Janet Napolitano, Secretary of Homeland Security, regarding the exercise of prosecutorial discretion with respect to individuals who came to the United States as children.
1. Short title This Act may be cited as the Protecting Department of Homeland Security Personnel Act of 2013 . 2. Protection for individuals who refuse to carry out unlawful provisions of the memorandum (a) In general Notwithstanding any other provision of law, no adverse personnel action, including employee termination, may be taken against a protected individual which is based, in whole or in part, on the refusal of such individual to carry out a provision of the memorandum described in subsection (b) that has been determined by the Congress to be in violation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (b) Memorandum described This Act applies with respect to the June 15, 2012, memorandum from Janet Napolitano, Secretary of Homeland Security, regarding the exercise of prosecutorial discretion with respect to individuals who came to the United States as children. (c) Protected individuals For purposes of this Act, the term protected individual means an individual employed in or under any of the following: (1) U.S. Immigration and Customs Enforcement. (2) U.S. Customs and Border Protection. (3) U.S. Citizenship and Immigration Services. (d) Adverse actions include denial of benefits The personnel actions prohibited by this Act include the withholding or denial of a promotion, an increase in pay, or other similar benefit. | https://www.govinfo.gov/content/pkg/BILLS-113hr692ih/xml/BILLS-113hr692ih.xml |
113-hr-693 | I 113th CONGRESS 1st Session H. R. 693 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Pitts (for himself, Mr. Danny K. Davis of Illinois , Mr. Goodlatte , Mr. Blumenauer , Mr. Chabot , Mr. Bucshon , Mr. Thompson of Pennsylvania , Mr. Marino , Mr. Shuster , Mr. Fleischmann , Mr. Hanna , Mr. Moran , Mr. Petri , Mr. Rush , Mr. Barletta , Mr. Meehan , Mr. Fitzpatrick , Ms. Speier , Mr. Dent , Mrs. Black , Mr. Womack , Mr. Kelly , Mr. Quigley , Mrs. Blackburn , Mr. Latta , Mr. Massie , Mr. Johnson of Ohio , Mr. Brady of Pennsylvania , Mr. Pascrell , Mr. Perry , Ms. Shea-Porter , Mr. Rothfus , Mr. Renacci , Mr. Gerlach , Mr. Lance , Mr. Lipinski , and Mr. Harris ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To reform the Federal sugar program, and for other purposes.
1. Short title This Act may be cited as the Sugar Reform Act of 2013 . 2. Sugar program (a) Sugarcane Section 156(a) of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 7272(a)) is amended— (1) in paragraph (4), by striking and after the semicolon at the end; (2) in paragraph (5), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (6) 18 cents per pound for raw cane sugar for each of the 2013 through 2017 crop years. . (b) Sugar beets Section 156(b)(2) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(b)(2) ) is amended by striking 2012 and inserting 2017 . (c) Effective period Section 156(i) of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272(i) ) is amended by striking 2012 and inserting 2017 . 3. Flexible marketing allotments for sugar (a) In general Section 359b of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359bb ) is amended— (1) in subsection (a)(1)— (A) in the matter before subparagraph (A), by striking 2012 and inserting 2017 ; and (B) in subparagraph (B), by inserting at reasonable prices after stocks ; and (2) in subsection (b)(1)— (A) in subparagraph (A), by striking but after the semicolon at the end and inserting and ; and (B) by striking subparagraph (B) and inserting the following: (B) appropriate to maintain adequate domestic supplies at reasonable prices, taking into account all sources of domestic supply, including imports. . (b) Establishment of flexible marketing allotments Section 359c of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359cc ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking but after the semicolon at the end and inserting and ; and (ii) by striking subparagraph (B) and inserting the following: (B) appropriate to maintain adequate supplies at reasonable prices, taking into account all sources of domestic supply, including imports. ; and (B) in paragraph (2)(B), by inserting at reasonable prices after market ; and (2) in subsection (g)(1)— (A) by striking Adjustments .— and all that follows through Subject to subparagraph (B), the and inserting Adjustments .—The ; and (B) by striking subparagraph (B). (c) Suspension or modification of provisions Section 359j of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359jj ) is amended by adding at the end the following: (c) Suspension or modification of provisions Notwithstanding any other provision of this part, the Secretary may suspend or modify, in whole or in part, the application of any provision of this part if the Secretary determines that the action is appropriate, taking into account— (1) the interests of consumers, workers in the food industry, businesses (including small businesses), and agricultural producers; and (2) the relative competitiveness of domestically produced and imported foods containing sugar. . (d) Administration of tariff rate quotas Section 359k of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359kk ) is amended to read as follows: 359k. Administration of tariff rate quotas (a) Establishment Notwithstanding any other provision of law, at the beginning of the quota year, the Secretary shall establish the tariff-rate quotas for raw cane sugar and refined sugar at no less than the minimum level necessary to comply with obligations under international trade agreements that have been approved by Congress. (b) Adjustment (1) In general Subject to subsection (a), the Secretary shall adjust the tariff-rate quotas for raw cane sugar and refined sugar to provide adequate supplies of sugar at reasonable prices in the domestic market. (2) Ending stocks Subject to paragraphs (1) and (3), the Secretary shall establish and adjust tariff-rate quotas in such a manner that the ratio of sugar stocks to total sugar use at the end of the quota year will be approximately 15.5 percent. (3) Maintenance of reasonable prices and avoidance of forfeitures (A) In general The Secretary may establish a different target for the ratio of ending stocks to total use if, in the judgment of the Secretary, the different target is necessary to prevent— (i) unreasonably high prices; or (ii) forfeitures of sugar pledged as collateral for a loan under section 156 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7272 ). (B) Announcement The Secretary shall publicly announce any establishment of a target under this paragraph. (4) Considerations In establishing tariff-rate quotas under subsection (a) and making adjustments under this subsection, the Secretary shall consider the impact of the quotas on consumers, workers, businesses (including small businesses), and agricultural producers. (c) Temporary transfer of quotas (1) In general To promote full use of the tariff-rate quotas for raw cane sugar and refined sugar, notwithstanding any other provision of law, the Secretary shall promulgate regulations that provide that any country that has been allocated a share of the quotas may temporarily transfer all or part of the share to any other country that has also been allocated a share of the quotas. (2) Transfers voluntary Any transfer under this subsection shall be valid only on voluntary agreement between the transferor and the transferee, consistent with procedures established by the Secretary. (3) Transfers temporary (A) In general Any transfer under this subsection shall be valid only for the duration of the quota year during which the transfer is made. (B) Following quota year No transfer under this subsection shall affect the share of the quota allocated to the transferor or transferee for the following quota year. . (e) Effective period Section 359l(a) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359ll(a) ) is amended by striking 2012 and inserting 2017 . 4. Repeal of feedstock flexibility program for bioenergy producers (a) In general Section 9010 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8110 ) is repealed. (b) Conforming amendments (1) Section 359a(3)(B) of the Agricultural Adjustment Act of 1938 ( 7 U.S.C. 1359aa(3)(B) ) is amended— (A) in clause (i), by inserting and after the semicolon at the end; (B) in clause (ii), by striking ; and at the end and inserting a period; and (C) by striking clause (iii). (2) Section 359b(c)(2)(C) of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359bb(c)(2)(C)) is amended by striking , except for and all that follows through of 2002 . | https://www.govinfo.gov/content/pkg/BILLS-113hr693ih/xml/BILLS-113hr693ih.xml |
113-hr-694 | I 113th CONGRESS 1st Session H. R. 694 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Ms. Schakowsky introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to prevent the avoidance by corporations of tax on foreign income.
1. Short title This Act may be cited as the Corporate Tax Fairness Act . 2. Deferral of Active Income of Controlled Foreign Corporations Section 952 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (d) Special Application of Subpart (1) In general For taxable years beginning after December 31, 2013, notwithstanding any other provision of this subpart, the term subpart F income means, in the case of any controlled foreign corporation, the income of such corporation derived from any foreign country. (2) Applicable rules Rules similar to the rules under the last sentence of subsection (a) and subsection (d) shall apply to this subsection. . 3. Modifications of foreign tax credit rules applicable to large integrated oil companies which are dual capacity taxpayers (a) In general Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rules relating to large integrated oil companies which are dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a large integrated oil company to a foreign country or possession of the United States for any period shall not be considered a tax— (A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or (B) to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or (ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). (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) Generally applicable income tax For purposes of this subsection— (A) In general The term generally applicable income tax means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. (B) Exceptions Such term shall not include a tax unless it has substantial application, by its terms and in practice, to— (i) persons who are not dual capacity taxpayers, and (ii) persons who are citizens or residents of the foreign country or possession. (4) Large integrated oil company For purposes of this subsection, the term large integrated oil company means, with respect to any taxable year, an integrated oil company (as defined in section 291(b)(4)) which— (A) had gross receipts in excess of $1,000,000,000 for such taxable year, and (B) has an average daily worldwide production of crude oil of at least 500,000 barrels for such taxable year. . (b) Effective date (1) In general The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) 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. 4. Reinstitution of per country foreign tax credit (a) In general Subsection (a) of section 904 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Limitation The amount of the credit in respect of the tax paid or accrued to any foreign country or possession of the United States shall not exceed the same proportion of the tax against which such credit is taken which the taxpayer's taxable income from sources within such country or possession (but not in excess of the taxpayer's entire taxable income) bears to such taxpayer's entire taxable income for the same taxable year. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2013. 5. Treatment of foreign corporations managed and controlled in the United States as domestic corporations (a) In general Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: (p) Certain corporations managed and controlled in the United States treated as domestic for income tax (1) In general Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if— (A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but (B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. (2) Corporation described (A) In general A corporation is described in this paragraph if— (i) the stock of such corporation is regularly traded on an established securities market, or (ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. (B) General exception A corporation shall not be treated as described in this paragraph if— (i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, (ii) such corporation— (I) is not regularly traded on an established securities market, and (II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and (iii) the Secretary grants a waiver to such corporation under this subparagraph. (C) Exception from gross assets test Subparagraph (A)(ii) shall not apply to a corporation which is a controlled foreign corporation (as defined in section 957) and which is a member of an affiliated group (as defined section 1504, but determined without regard to section 1504(b)(3)) the common parent of which— (i) is a domestic corporation (determined without regard to this subsection), and (ii) has substantial assets (other than cash and cash equivalents and other than stock of foreign subsidiaries) held for use in the active conduct of a trade or business in the United States. (3) Management and control (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. (B) Executive officers and senior management Such regulations shall provide that— (i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and (ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). (C) Corporations primarily holding investment assets Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if— (i) the assets of such corporation (directly or indirectly) consist primarily of as sets being managed on behalf of investors, and (ii) decisions about how to invest the assets are made in the United States. . (b) Effective date The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr694ih/xml/BILLS-113hr694ih.xml |
113-hr-695 | I 113th CONGRESS 1st Session H. R. 695 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Denham (for himself, Mr. Schweikert , Mr. Westmoreland , Mr. Duncan of Tennessee , Mr. Hanna , Mr. McHenry , Mr. Mica , Mr. Nunes , Mr. Hunter , and Mr. Reed ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committees on Oversight and Government Reform and Rules , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To decrease the deficit by realigning, consolidating, selling, disposing, and improving the efficiency of Federal buildings and other civilian real property, and for other purposes.
1. Short title This Act may be cited as the Civilian Property Realignment Act or CPRA . 2. Purposes The purposes of this Act are— (1) to consolidate the footprint of Federal buildings and facilities; (2) to maximize the utilization rate of Federal buildings and facilities; (3) to reduce the reliance on leased space; (4) to sell or redevelop high value assets that are underutilized to obtain the highest and best value for the taxpayer and maximize the return to the taxpayer; (5) to reduce the operating and maintenance costs of Federal civilian real properties through the realignment of real properties by consolidating, co-locating, and reconfiguring space, and other operational efficiencies; (6) to reduce redundancy, overlap, and costs associated with field offices; (7) to create incentives for Federal agencies to achieve greater efficiency in their inventories of civilian real property; (8) to facilitate and expedite the sale or disposal of unneeded civilian properties; and (9) to assist Federal agencies in achieving the Government’s sustainability goals by reducing excess space, inventory, and energy consumption, as well as by leveraging new technologies. 3. Definitions In this Act, unless otherwise expressly stated, the following definitions apply: (1) Federal civilian real property and civilian real property (A) Property The terms Federal civilian real property and civilian real property refer to Federal real property assets, including public buildings as defined in section 3301 of title 40, United States Code, occupied and improved grounds, leased space, or other physical structures under the custody and control of any Federal agency. (B) Further exclusions Subparagraph (A) shall not be construed as including any of the following types of property: (i) A base, camp, post, station, yard, center, homeport facility for any ship, or any activity under the jurisdiction of the Department of Defense or Coast Guard. (ii) Properties that are excluded for reasons of national security by the Director of the Office of Management and Budget. (iii) Properties that are excepted from the definition of property under section 102(9) of title 40, United States Code. (iv) Indian and Native Alaskan properties including— (I) any property within the limits of any Indian reservation to which the United States owns title for the benefit of an Indian tribe; and (II) any property title which is held in trust by the United States for the benefit of any Indian tribe or individual or held by an Indian tribe or individual subject to restriction by the United States against alienation. (v) Properties operated and maintained by the Tennessee Valley Authority pursuant to the Tennessee Valley Authority Act of 1933 ( 16 U.S.C. 831 et seq. ). (vi) Postal properties owned by the United States Postal Service. (vii) Properties used in connection with Federal programs for agricultural, recreational, and conservation purposes, including research in connection with the programs. (viii) Properties used in connection with river, harbor, flood control, reclamation, or power projects. (ix) Properties located outside the United States operated or maintained by the Department of State or the United States Agency for International Development. (2) Federal agency The term Federal agency means an executive department or independent establishment in the executive branch of the Government, and a wholly owned Government corporation. (3) Administrator The term Administrator means the Administrator of General Services. (4) Commission The term Commission means the Civilian Property Realignment Commission. (5) OMB The term OMB means the Office of Management and Budget. (6) Field office The term field office means any Federal office that is not the Headquarters office location for the Federal agency. 4. Commission (a) Establishment There is established an independent commission to be known as the Civilian Property Realignment Commission, referred to in this Act as the Commission . (b) Duties The Commission shall carry out the duties as specified in this Act. (c) Membership (1) In general The Commission shall be composed of a Chairperson appointed by the President, by and with the advice and consent of the Senate, and eight members appointed by the President. (2) Appointments In selecting individuals for appointments to the Commission, the President shall consult with— (A) the Speaker of the House of Representatives concerning the appointment of two members; (B) the majority leader of the Senate concerning the appointment of two members; (C) the minority leader of the House of Representatives concerning the appointment of one member; and (D) the minority leader of the Senate concerning the appointment of one member. (3) Terms The term for each member of the Commission shall be 6 years. (4) Vacancies Vacancies shall be filled in the same manner as the original appointment. (5) Qualifications In selecting individuals for appointment to the Commission, the President shall ensure the Commission contains individuals with expertise representative of the following: (A) Commercial real estate and redevelopment. (B) Government management or operations. (C) Community development, including transportation and planning. (D) Historic preservation. 5. Commission meetings (a) Open meetings Each meeting of the Commission, other than meetings in which classified information is to be discussed, shall be open to the public. Any open meeting shall be announced in the Federal Register and the Federal website established by the Commission at least 14 calendar days in advance of a meeting. For all public meetings, the Commission shall release an agenda and a listing of materials relevant to the topics to be discussed. (b) Quorum and meetings Seven Commission members shall constitute a quorum for the purposes of conducting business and three or more Commission members shall constitute a meeting of the Commission. (c) Transparency of information All the proceedings, information, and deliberations of the Commission shall be open, upon request, to the Chairperson and the ranking minority party member, and their respective subcommittee Chairperson and ranking minority party member, of— (1) the Committee on Transportation and Infrastructure of the House of Representatives; (2) the Committee on Oversight and Government Reform of the House of Representatives; (3) the Committee on Homeland Security and Governmental Affairs of the Senate; (4) the Committee on Environment and Public Works of the Senate; and (5) the Committees on Appropriations of the House of Representatives and the Senate. (d) Government Accountability Office All proceedings, information, and deliberations of the Commission shall be open, upon request, to the Comptroller General of the United States. 6. Compensation and travel expenses (a) Compensation (1) Rate of pay for members Each member, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of duties vested in the Commission. (2) Rate of pay for Chairperson The Chairperson shall be paid for each day referred to in paragraph (1) at a rate equal to the daily equivalent of the minimum annual rate of basic pay payable for level III of the Executive Schedule under section 5314, of title 5, United States Code. (b) Travel Members shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code. 7. Executive director (a) Appointment The Commission shall appoint an Executive Director and may disregard the provisions of title 5, United States Code, governing appointments in the competitive service. (b) Rate of pay for director The Executive Director shall be paid at the rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code. 8. Staff (a) Additional personnel Subject to subsection (b), the Executive Director, with the approval of the Commission, may appoint and fix the pay of additional personnel. (b) Detail employees from other agencies Upon request of the Executive Director, the head of any Federal agency may detail any of the personnel of that agency to the Commission to assist the Commission in carrying out its duties under this Act. (c) Qualifications Appointments shall be made with consideration of a balance of expertise consistent with the qualifications of representatives described in section 4(c)(5). 9. Contracting authority (a) Experts and consultants The Commission, to the extent practicable and subject to appropriations made by law, shall use existing contracts entered into by the Administrator for services necessary to carry out the duties of the Commission. (b) Space The Administrator, in consultation with the Commission, shall identify suitable excess space within the Federal space inventory to house the operations of the Commission. (c) Personal property The Commission shall use personal property already in the custody and control of the Administrator. (d) Use of small businesses In exercising its authorities under this section and section 12, the Commission shall use, to the greatest extent practicable, small businesses as defined by section 3 of the Small Business Act (15 U.S.C. 632). 10. Termination The Commission shall cease operations and terminate 6 years after the date of enactment of this Act. 11. Development of recommendations to the commission (a) Submissions of agency information and recommendations Not later than 120 days after the date of enactment of this Act and 120 days after the beginning of each fiscal year thereafter, the head of each Federal agency shall submit to the Administrator and the Director of OMB the following: (1) Current data Current data of all Federal civilian real properties owned, leased, or controlled by the respective agency, including all relevant information prescribed by the Administrator and the Director of OMB, including data related to the age and condition of the property, operating costs, history of capital expenditures, sustainability metrics, number of Federal employees and functions housed in the respective property, and square footage (including gross, rentable, and usable). (2) Agency recommendations Recommendations which shall include the following: (A) Federal civilian properties that can be sold for proceeds and otherwise disposed of, reported as excess, declared surplus, or otherwise no longer meeting the needs of the agency, excluding leasebacks or other such exchange agreements where the property continues to be used by the agency. (B) Federal civilian properties that can be transferred, exchanged, consolidated, co-located, reconfigured, or redeveloped, so as to reduce the civilian real property inventory, reduce the operating costs of the Government, and create the highest value and return for the taxpayer. (C) Operational efficiencies that the Government can realize in its operation and maintenance of Federal civilian real properties. (b) Standards and criteria Not later than 60 days after the date specified in subsection (a), the Director of OMB, in consultation with the Administrator, shall review agency recommendations submitted pursuant to subsection (a), and develop consistent standards and criteria against which agency recommendations will be reviewed. The Director of OMB and the Administrator shall develop recommendations to the Commission based on those standards and criteria. In developing the standards and criteria, the Director of OMB, in consultation with the Administrator, shall incorporate the following: (1) The extent to which the Federal building or facility could be sold (including property that is no longer meeting the needs of the Federal Government), redeveloped, or otherwise used to produce the highest and best value and return for the taxpayer. (2) The extent to which the operating and maintenance costs are reduced through consolidating, co-locating, and reconfiguring space, and through realizing other operational efficiencies. (3) The extent to which the utilization rate is being maximized and is consistent with non-governmental industry standards for the given function or operation. (4) The extent and timing of potential costs and savings, including the number of years, beginning with the date of completion of the proposed recommendation. (5) The extent to which reliance on leasing for long-term space needs is reduced. (6) The extent to which a Federal building or facility aligns with the current mission of the Federal agency. (7) The extent to which there are opportunities to consolidate similar operations across multiple agencies or within agencies. (8) The economic impact on existing communities in the vicinity of the Federal building or facility. (9) The extent to which energy consumption is reduced. (c) Special rule for utilization rates Standards developed by the Director of OMB must incorporate and apply clear standard utilization rates consistent throughout each category of space and with nongovernment space utilization rates. To the extent the space utilization rates of a given agency fall below the utilization rates to be applied under this subsection, the Director may recommend realignment, co-location, consolidation, or other type of action to improve space utilization. (d) Submission to the commission (1) In general The standards, criteria, and recommendations developed pursuant to subsection (b) shall be submitted to the Commission with all supporting information, data, analyses, and documentation. (2) Publication The standards, criteria, and recommendations shall be published in the Federal Register and transmitted to the committees designated in section 5(c) and to the Comptroller General of the United States. (3) Access to information The Commission shall also have access to all information pertaining to the recommendations, including supporting information, data, analyses, and documentation submitted pursuant to subsection (a). Upon request, Federal agencies shall provide, the Commission any additional information pertaining to its properties. 12. Commission duties (a) Identification of property reduction opportunities The Commission shall identify opportunities for the Government to reduce significantly its inventory of civilian real property and reduce costs to the Government. (b) Identification of high value assets (1) Identification of certain properties Not later than 180 days after Commission members are appointed pursuant to section 4, the Commission shall identify not less than 5 Federal properties that are not on the list of surplus or excess as of such date with a total fair market value of not less than $500,000,000 and transmit the list to the President and Congress as Commission recommendations and subject to the approval process described in sections 13 and 14. (2) Information and data In order to meet the goal established under paragraph (1), Federal agencies shall provide, upon receipt, any and all information and data regarding its properties to the Commission. The Commission shall notify the committees listed under section 5(c) of any failure by any agency to comply with a request of the Commission. (c) Analysis of inventory The Commission shall perform an independent analysis of the inventory of Federal civilian real property and the recommendations submitted pursuant to section 11. The Commission shall not be bound or limited by the recommendations submitted pursuant to section 11. If, in the opinion of the Commission, an agency fails to provide needed information, data or adequate recommendations that meet the standards and criteria, the Commission shall develop such recommendations as it considers appropriate based on existing data contained in the Federal Real Property Profile or other relevant information. (d) Receipt of Information and Proposals Notwithstanding any other provision of law, the Commission may receive and consider proposals, information, and other data submitted by State and local officials and the private sector. Such information shall be made publically available. (e) Accounting system Not later than 120 days after the date of enactment of this Act, the Commission shall identify or develop and implement a system of accounting to be used to independently evaluate the costs of and returns on the recommendations. Such accounting system shall be applied in developing the Commission’s recommendations and determining the highest return to the taxpayer. In applying the accounting system, the Commission shall set a standard performance period. (f) Public hearing The Commission shall conduct public hearings. All testimony before the Commission at a public hearing under this paragraph shall be presented under oath. (g) Reporting of information and recommendations (1) In general Not later than 120 days after the receipt of recommendations pursuant to section 11, and annually thereafter, the Commission shall transmit to the President, and publicly post on a Federal website maintained by the Commission a report containing the Commission’s findings, conclusions, and recommendations for the consolidation, exchange, co-location, reconfiguration, lease reductions, sale, and redevelopment of Federal civilian real properties and for other operational efficiencies that can be realized in the Government’s operation and maintenance of such properties. (2) Recommendations for sale or disposal of property To the extent the Commission recommendations include the sale or disposal of real property, these properties may be reported as excess, declared surplus, or determined as no longer meeting the needs of the Federal Government, excluding leasebacks or other such exchange agreements where the property continues to be used by the Federal Government. (3) Consensus in majority The Commission shall seek to develop consensus recommendations, but if a consensus cannot be obtained, the Commission may include in its report recommendations that are supported by a majority of the Commission. (h) Federal website The Commission shall establish and maintain a Federal website for the purposes of making relevant information publically available. (i) Review by GAO The Comptroller General of the United States shall transmit to the Congress and to the Commission a report containing a detailed analysis of the recommendations and selection process. 13. Review by the president (a) Review of recommendations Upon receipt of the Commission’s recommendations, the President shall conduct a review of such recommendations. (b) Report to commission and congress Not later than 30 days after receipt of the Commission’s recommendations, the President shall transmit to the Commission and Congress a report that sets forth the President’s approval or disapproval of the Commission’s recommendations. (c) Approval or disapproval If the President— (1) approves of the Commission’s recommendations, the President shall transmit a copy of the recommendations to Congress, together with a certification of such approval; (2) disapproves of the Commission’s recommendations, in whole or in part, the President shall also transmit to the Commission and Congress the reasons for such disapproval. The Commission shall then transmit to the President, not later than 30 days following the disapproval, a revised list of recommendations; (3) approves all of the revised recommendations of the Commission, the President shall transmit a copy of such revised recommendations to Congress, together with a certification of such approval; or (4) does not transmit to the Congress an approval and certification described in paragraphs (1) or (3) within 30 days of receipt of the Commission’s recommendations or revised recommendations, as the case may be, the process shall terminate until the following year. 14. Congressional consideration of the recommendations (a) Joint resolution of approval If a House of Congress has not taken a vote on final passage of a joint resolution as described in subsection (c) within 45 days after the President’s transmission to that House of the approved recommendations pursuant to section 13, then such vote shall be taken on the next day of session following the expiration of the 45-day period. (b) Computation of time period For the purposes of this section, the days on which either House of Congress is not in session because of adjournment of more than three days shall be excluded in the computation of the period of time. (c) Terms of the resolution For purposes of this section, the term joint resolution means only a joint resolution— (1) which does not have a preamble; (2) the matter after the resolving clause of which is as follows: That Congress approves the recommendations of the Civilian Property Realignment Commission as submitted by the President on _________, and notwithstanding any other provision of law, the Federal agencies shall implement and carry out all of the Commission’s recommendations pursuant to section 15 of the Civilian Property Realignment Act , the blank space being filled in with the appropriate date; (3) the title of which is as follows: Joint resolution approving the recommendations of the Civilian Property Realignment Commission ; and (4) which is introduced pursuant to subsection (d). (d) Introduction After a House of Congress receives the President’s transmission of approved recommendations pursuant to section 13, the majority leader of that House (or a designee) shall introduce (by request, if appropriate) a joint resolution described in subsection (c)— (1) in the case of the House of Representatives, within three legislative days; and (2) in the case of the Senate, within three session days. (e) Consideration in the House of Representatives (1) Referral and reporting Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House without amendment not later than the tenth legislative day after the date of its introduction. If a committee fails to report the joint resolution within that period, it shall be in order to move that the House discharge the committee from further consideration of the joint resolution. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within three legislative days after the day on which the proponent announces his intention to offer the motion. Notice may not be given on an anticipatory basis. Such a motion shall not be in order after the House has disposed of a motion to discharge a joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except twenty minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the joint resolution in accordance with paragraph (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (2) Proceeding to consideration After the last committee authorized to consider a joint resolution reports it to the House or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the joint resolution in the House. Such a motion shall be in order only at a time designated by the Speaker in the legislative schedule within three legislative days after the day on which the proponent announces his intention to offer the motion. Notice may not be given on an anticipatory basis. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to that transmittal of recommendations. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration The joint resolution shall be considered as read. All points of order against a joint resolution and against its consideration are waived. The previous question shall be considered as ordered on a joint resolution to its passage without intervening motion except five hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the joint resolution. A motion to reconsider the vote on passage of the joint resolution shall not be in order. (4) Post sine die If the House has adopted a concurrent resolution providing for adjournment sine die at the end of a Congress, a motion to discharge under paragraph (1) or a motion to proceed under subparagraph (2) shall be in order as applicable. (f) Consideration in the Senate (g) Amendments prohibited No amendment to, or motion to strike a provision from, a joint resolution considered under this section shall be in order in either the Senate or the House of Representatives. (h) Consideration by other House (1) In general If, before the passage by one House of a joint resolution of that House described in subsection (c), that House received from the other House a joint resolution described in subsection (c), then the following procedures shall apply: (A) No committee referral The joint resolution 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). (B) Joint resolution procedure With respect to a joint resolution described in subsection (c) of the House receiving the joint resolution the procedure in that House shall be the same as if no joint resolution had been received from the other House, but the vote on final passage shall be on the joint resolution of the other House. (2) No consideration Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. (3) Exception This subsection shall not apply to the House of Representatives if the joint resolution received from the Senate is a revenue measure. (i) 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 joint resolution described in this section, 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. 15. Implementation of commission recommendations (a) Carrying out recommendations Upon the enactment of a joint resolution described in section 14(c), Federal agencies shall immediately begin preparation to carry out the Commission’s recommendations and shall initiate all activities no later than 2 years after the date on which the President transmits the recommendations to Congress. Federal agencies shall complete all recommended actions no later than the end of the 6-year period beginning on the date on which the President transmits the Commission’s recommendations to Congress. All actions shall be economically beneficial and be cost neutral or otherwise favorable to the Government. For actions that will take longer than the 6-year period due to extenuating circumstances, each Federal agency shall notify the President and Congress as soon as the extenuating circumstance presents itself with an estimated time to complete the relevant action. (b) Actions of Federal agencies In taking actions related to any Federal building or facility under this Act, Federal agencies may, pursuant to subsection (c), take all such necessary and proper actions, including— (1) acquiring land, constructing replacement facilities, performing such other activities, and conducting advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property; and (2) reimbursing other Federal agencies for actions performed at the request of the Commission. (c) Necessary and Proper actions When acting on a recommendation of the Commission, a Federal agency shall continue to act within their existing legal authorities, whether such authority has been delegated by the Administrator, or must work in partnership with the Administrator to carry out such actions. The Administrator may take such necessary and proper actions, including the sale, conveyance, or exchange of civilian real property, as required to implement the Commission recommendations in the time period required under subsection (a). (d) Discretion of Administrator regarding transactions For any transaction identified, recommended, or commenced as a result of this Act, any otherwise required legal priority given to, or requirement to enter into, a transaction to convey a Federal civilian real property for less than fair market value, for no consideration at all, or in a transaction that mandates the exclusion of other market participants, shall be at the discretion of the Administrator. (e) McKinney-Vento homeless assistance act review Upon the enactment of a joint resolution described in section 14(c) and for not more than 90 days after such enactment, the Secretary of Housing and Urban Development shall apply section 501 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11411 ) to the extent practicable, to any buildings identified for disposal in the approved recommendations that are not more than 25,000 square feet or valued at less than $5,000,000. 16. Authorization of appropriations (a) In general There is authorized a one-time appropriation to carry out this Act in the following amounts: (1) $20,000,000 for salaries and expenses of the Commission. (2) $62,000,000 to be deposited into the Asset Proceeds and Space Management Fund for activities related to the implementation of the Commission recommendations. (b) Federal Buildings Fund There is authorized to be appropriated from the Federal Buildings Fund established under section 592 of title 40, United States Code, for construction and acquisition activities $0 for fiscal year 2014. 17. Funding (a) Creation of salaries and expenses account (1) Establishment of account There is hereby established on the books of the Treasury an account to be known as the Civilian Property Realignment Commission—Salaries and Expenses account. (2) Necessary payments There shall be deposited into the account such amounts, as are provided in appropriations Acts, for those necessary payments for salaries and expenses to accomplish the administrative needs of the Commission. (b) Creation of asset proceeds and space management fund There is hereby established within the Federal Buildings Fund established under section 592 of title 40, United States Code, an account to be known as the Civilian Property Realignment Commission—Asset Proceeds and Space Management Fund which shall be used solely for the purposes of carrying out actions pursuant to the Commission recommendations approved under section 14. Notwithstanding section 3307 of title 40, United States Code, the following amounts shall be deposited into the account and made available for obligation or expenditure only as provided in advance in appropriations Acts for the purposes specified: (1) Such amounts as are provided in appropriations Acts, to remain available until expended, for the consolidation, co-location, exchange, redevelopment, re-configuration of space, disposal, and other actions recommended by the Commission for Federal agencies. (2) Amounts received from the sale of any civilian real property action taken pursuant to a recommendation of the Commission under section 15. As provided in appropriations Acts, such proceeds may be made available to cover necessary costs associated with implementing the recommendations pursuant to section 15, including costs associated with— (A) sales transactions; (B) acquiring land, construction, constructing replacement facilities, conducting advance planning and design as may be required to transfer functions from a Federal asset or property to another Federal civilian property; (C) co-location, redevelopment, disposal, and reconfiguration of space; and (D) other actions recommended by the Commission for Federal agencies. (c) Additional requirement for budget contents The President’s budget submitted pursuant to section 1105 of title 31, United States Code, shall include an estimate of proceeds that are the result of the Commission’s recommendations and the obligations and expenditures needed to support such recommendations. 18. Disposal of real properties (a) Environmental considerations (1) Applicability of other law Public Law 91–190, as amended, shall not apply to activities under section 11 of this Act. (2) Civil action A civil action for judicial review, with respect to any requirement of Public Law 91–190 , as amended, to the extent such public law is applicable to the actions under section 15 of this Act, of any act or failure to act by a Federal agency during the closing, realigning, or relocating of functions under this Act, may not be brought more than 60 days after the date of such act or failure to act. (3) Transfer of real property (A) In general When implementing the recommended actions pursuant to section 15 for properties that have been identified in the Commission’s recommendations and in compliance with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ), including section 120(h) thereof ( 42 U.S.C. 9620(h) ), Federal agencies may enter into an agreement to transfer by deed real property with any person. (B) Additional terms The head of the disposing agency may require any additional terms and conditions in connection with an agreement authorized by subparagraph (A) as the head of the disposing agency considers appropriate to protect the interests of the United States. Such additional terms and conditions shall not affect or diminish any rights or obligations of the Federal agencies under CERCLA section 120(h) (including, without limitation, the requirements under CERCLA section 120(h)(3)(A) and CERCLA section 120(h)(3)(C)(iv)). (4) Information disclosure As part of an agreement pursuant to this Act, the agency shall disclose to the person to whom the property or facilities will be transferred any information of the Federal agency regarding the environmental restoration, waste management, and environmental compliance activities described in this Act that relate to the property or facilities. The agency shall provide such information before entering into the agreement. (b) Construction of certain Acts Nothing in this section shall be construed to modify, alter, or amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) or the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ). 19. Congressional approval of proposed projects Section 3307(b) of title 40, United States Code is amended— (1) by striking and at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ; and ; and (3) by adding at the end the following: (8) a statement of how the proposed project is consistent with section 11(b) of the Civilian Property Realignment Act. . 20. Limitation of certain leasing authorities (a) Limitation on certain leasing authorities Chapter 33 of title 40, United States Code, is amended by adding at the end the following: § 3317. Limitation on leasing authority of other agencies (a) In general Notwithstanding any other provision of law, no executive agency may lease space for the purposes of a public building as defined under section 3301, except as provided under section 585, and the provisions in this chapter. (b) Public building For the purposes of this section, the term public building shall include leased space. (c) Further exclusions This section shall not apply to— (1) properties that are excluded for reasons of national security by the President; and (2) properties of the Department of Veterans Affairs. (d) Construction Nothing in this section shall be construed as creating new authority for executive agencies to enter into leases or limit the authority of the Administration under section 3314. . (b) Small businesses When using commercial leasing services, the Administrator shall adhere to the requirements of the Small Business Act (15 U.S.C. et seq.). (c) Clerical amendment The analysis for such chapter is amended by adding at the end: 3317. Limitation on leasing authority of other agencies. . 21. Implementation review by GAO Upon transmittal of the Commission’s recommendations from the President to the Congress under section 13, the Comptroller General of the United States at least annually shall monitor, review the implementation activities of Federal agencies pursuant to section 15, and report to Congress any findings and recommendations. 22. Sense of Congress and reports (a) Sense of congress It is the sense of Congress that— (1) the Civilian Property Realignment Commission, should take steps to provide assistance to small, minority, and woman-owned businesses seeking to be awarded contracts to redevelop Federal property; (2) the Civilian Property Realignment Commission and other appropriate Federal officials should conduct a public information campaign to advise small, minority, and women-owned business firms with respect to contracts for the sale or redevelopment of Federal property; and (3) firms that are awarded contracts pertaining to the redevelopment of Federal property should, to the maximum extent practicable, seek to award subcontracts for such contracts to small, minority, and women-owned business firms. (b) Progress reports Every 6 months, the Civilian Property Realignment Commission shall submit to the appropriate committees of Congress and the President, a report regarding contracting. Each such report shall indicate, as of the date of the submission of such report, the size of all business firms awarded contracts by the Commission and the size of all business firms awarded subcontracts under such contracts. 23. Consideration of Life-Cycle cost required Section 3305 of title 40, United States Code, is amended by adding at the end the following new subsection: (d) Consideration of life- C ycle cost required (1) Requirement The Administrator shall ensure that the life-cycle cost of a public building is considered in the construction or lease of a public building described in paragraph (2). (2) Federal buildings subject to requirement A public building is subject to the requirement under paragraph (1) if— (A) construction or lease of the building begins after the date of the enactment of the Civilian Property Realignment Act; (B) the estimated construction costs of the building exceed $1,000,000; (C) in the case of a lease, the square footage of the property is more than 25,000 square feet; and (D) Federal funding comprises more than 50 percent of the funding for the estimated construction or lease costs of the building. (3) Definitions In this subsection, the following definitions apply: (A) Life-cycle cost The term life-cycle cost means the sum of the following costs, as estimated for the lifetime of a building: (i) Investment costs. (ii) Capital costs. (iii) Installation costs. (iv) Energy costs. (v) Operating costs. (vi) Maintenance costs. (vii) Replacement costs. (B) Lifetime of a building The term lifetime of a building means, with respect to a building, the greater of— (i) the period of time during which the building is projected to be utilized; or (ii) 50 years. . 24. Long-term savings through life-cycle cost analysis Section 3307(b) of title 40, United States Code, as amended by section 19, is further amended— (1) in paragraph (7), by striking and at the end; (2) in paragraph (8), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (9) with respect to any prospectus for the construction, alteration, or acquisition of any building or space to be leased, a statement by the Administrator describing the use of life-cycle cost analysis and any increased design, construction, or acquisition costs identified by such analysis that are offset by lower long-term costs. . | https://www.govinfo.gov/content/pkg/BILLS-113hr695ih/xml/BILLS-113hr695ih.xml |
113-hr-696 | I 113th CONGRESS 1st Session H. R. 696 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Horsford (for himself, Mr. Amodei , and Mr. Heck of Nevada ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate the Wovoka Wilderness and provide for certain land conveyances in Lyon County, Nevada, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Lyon County Economic Development and Conservation Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Land conveyance to Yerington, Nevada. Sec. 3. Addition to National Wilderness Preservation System. Sec. 4. Withdrawal. Sec. 5. Native American cultural and religious uses. 2. Land conveyance to Yerington, Nevada (a) Definitions In this section: (1) City The term City means the city of Yerington, Nevada. (2) Federal land The term Federal land means the land located in Lyon County and Mineral County, Nevada, that is identified on the map as City of Yerington Sustainable Development Conveyance Lands . (3) Map The term map means the map entitled Yerington Land Conveyance and dated December 19, 2012. (4) Secretary The term Secretary means the Secretary of the Interior. (b) Conveyances of land to city of yerington, nevada (1) In general Not later than 180 days after the date of enactment of this Act, subject to valid existing rights and notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 , 1713), the Secretary shall convey to the City, subject to the agreement of the City, all right, title, and interest of the United States in and to the Federal land identified on the map. (2) Appraisal to determine fair market value The Secretary shall determine the fair market value of the Federal land to be conveyed— (A) in accordance with the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); and (B) based on an appraisal that is conducted in accordance with— (i) the Uniform Appraisal Standards for Federal Land Acquisition; and (ii) the Uniform Standards of Professional Appraisal Practice. (3) Availability of map The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (4) Applicable law Beginning on the date on which the Federal land is conveyed to the City, the development of and conduct of activities on the Federal land shall be subject to all applicable Federal laws (including regulations). (5) Costs As a condition of the conveyance of the Federal land under paragraph (1), the City shall pay— (A) an amount equal to the appraised value determined in accordance with paragraph (2); and (B) all costs related to the conveyance, including all surveys, appraisals, and other administrative costs associated with the conveyance of the Federal land to the City under paragraph (1). 3. Addition to National Wilderness Preservation System (a) Findings Congress finds that— (1) the area designated as the Wovoka Wilderness by this section contains unique and spectacular natural resources, including— (A) priceless habitat for numerous species of plants and wildlife; (B) thousands of acres of land that remain in a natural state; and (C) habitat important to the continued survival of the population of the greater sage grouse of western Nevada and eastern California (referred to in this section as the Bi-State population of greater sage-grouse ); (2) continued preservation of those areas would benefit the County and all of the United States by— (A) ensuring the conservation of ecologically diverse habitat; (B) protecting prehistoric cultural resources; (C) conserving primitive recreational resources; (D) protecting air and water quality; and (E) protecting and strengthening the Bi-State population of greater sage-grouse; and (3) the Secretary of Agriculture should collaborate with the Lyon County Commission and the local community on wildfire and forest management planning and implementation with the goal of preventing catastrophic wildfire and resource damage. (b) Definitions In this section: (1) County The term County means Lyon County, Nevada. (2) Map The term map means the map entitled Wovoka Wilderness Area and dated December 18, 2012. (3) Secretary The term Secretary means the Secretary of Agriculture. (4) State The term State means the State of Nevada. (5) Wilderness The term Wilderness means the Wovoka Wilderness designated by subsection (c)(1). (c) Additions to national wilderness preservation system (1) Designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Federal land managed by the Forest Service, as generally depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Wovoka Wilderness . (2) Boundary The boundary of any portion of the Wilderness that is bordered by a road shall be 150 feet from the centerline of the road. (3) Map and legal description (A) In general As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness. (B) Effect The map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct any clerical and typographical errors in the map or legal description. (C) Availability Each map and legal description prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service. (4) Withdrawal Subject to valid existing rights, the Wilderness is withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws relating to mineral and geothermal leasing or mineral materials. (d) Administration (1) Management Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ), except that any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act. (2) Livestock The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary, in accordance with— (A) section 4(d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4) ); and (B) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405). (3) Incorporation of acquired land and interests Any land or interest in land within the boundary of the Wilderness that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Wilderness. (4) Adjacent management (A) In general Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (B) Nonwilderness activities The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. (5) Overflights Nothing in this section restricts or precludes— (A) low-level overflights of aircraft over the Wilderness, including military overflights that can be seen or heard within the Wilderness; (B) flight testing and evaluation; or (C) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness. (6) Wildfire, insect, and disease management In accordance with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the Secretary may take any measures in the Wilderness that the Secretary determines to be necessary for the control of fire, insects, and diseases, including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency. (7) Water rights (A) Findings Congress finds that— (i) the Wilderness is located— (I) in the semiarid region of the Great Basin; and (II) at the headwaters of the streams and rivers on land with respect to which there are few— (aa) actual or proposed water resource facilities located upstream; and (bb) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (ii) the Wilderness is generally not suitable for use or development of new water resource facilities; and (iii) because of the unique nature of the Wilderness, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws. (B) Purpose The purpose of this paragraph is to protect the wilderness values of the Wilderness by means other than a federally reserved water right. (C) Statutory construction Nothing in this paragraph— (i) constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness; (ii) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (iii) establishes a precedent with regard to any future wilderness designations; (iv) affects the interpretation of, or any designation made under, any other Act; or (v) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (D) Nevada water law The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (E) New projects (i) Definition of water resource facility (I) In general In this subparagraph, the term water resource facility means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (II) Exclusion In this subparagraph, the term water resource facility does not include wildlife guzzlers. (ii) Restriction on new water resource facilities (I) In general Except as otherwise provided in this section, on or after the date of enactment of this Act, no officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within the Wilderness, any portion of which is located in the County. (II) Exception If a permittee within the Bald Mountain grazing allotment submits an application for the development of water resources for the purpose of livestock watering by the date that is 10 years after the date of enactment of this Act, the Secretary shall issue a water development permit within the non-wilderness boundaries of the Bald Mountain grazing allotment for the purposes of carrying out activities under paragraph (2). (8) Nonwilderness roads Nothing in this Act prevents the Secretary from implementing or amending a final travel management plan. (e) Wildlife management (1) In general In accordance with section 4(d)(7) of the Wilderness Act ( 16 U.S.C. 1133(d)(7) ), nothing in this section affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the Wilderness. (2) Management activities In furtherance of the purposes and principles of the Wilderness Act ( 16 U.S.C. 1131 et seq. ), the Secretary may conduct any management activities in the Wilderness that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out— (A) consistent with relevant wilderness management plans; and (B) in accordance with— (i) the Wilderness Act ( 16 U.S.C. 1131 et seq. ); and (ii) appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405), including the occasional and temporary use of motorized vehicles and aircraft, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks. (3) Existing activities Consistent with section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ) and in accordance with appropriate policies such as those set forth in Appendix B of House Report 101–405, the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations in the Wilderness. (4) Hunting, fishing, and trapping (A) In general The Secretary may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Wilderness. (B) Consultation Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before making any designation under paragraph (1). (5) Agreement The State, including a designee of the State, may conduct wildlife management activities in the Wilderness— (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled Memorandum of Understanding: Intermountain Region USDA Forest Service and the Nevada Department of Wildlife State of Nevada and signed by the designee of the State on February 6, 1984, and by the designee of the Secretary on January 24, 1984, including any amendments, appendices, or additions to the agreement agreed to by the Secretary and the State or a designee; and (B) subject to all applicable laws (including regulations). (f) Wildlife water development projects Subject to subsection (d), the Secretary shall authorize structures and facilities, including existing structures and facilities, for wildlife water development projects (including guzzlers) in the Wilderness if— (1) the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and (2) the visual impacts of the structures and facilities on the Wilderness can reasonably be minimized. 4. Withdrawal (a) Definition of withdrawal area In this section, the term Withdrawal Area means the land administered by the Forest Service and identified as Withdrawal Area on the map described in section 3(b)(2). (b) Withdrawal Subject to valid existing rights, all Federal land within the Withdrawal Area is withdrawn from all forms of— (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral laws, geothermal leasing laws, and mineral materials laws. (c) Motorized and mechanical vehicles (1) In general Subject to paragraph (2), use of motorized and mechanical vehicles in the Withdrawal Area shall be permitted only on roads and trails designated for the use of those vehicles, unless the use of those vehicles is needed— (A) for administrative purposes; or (B) to respond to an emergency. (2) Exception Paragraph (1) does not apply to aircraft (including helicopters). 5. Native American cultural and religious uses Nothing in this Act alters or diminishes the treaty rights of any Indian tribe. | https://www.govinfo.gov/content/pkg/BILLS-113hr696ih/xml/BILLS-113hr696ih.xml |
113-hr-697 | I 113th CONGRESS 1st Session H. R. 697 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Heck of Nevada (for himself, Mr. Amodei , Mr. Horsford , and Ms. Titus ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the conveyance of certain Federal land in Clark County, Nevada, for the environmental remediation and reclamation of the Three Kids Mine Project Site, and for other purposes.
1. Short title This Act may be cited as the Three Kids Mine Remediation and Reclamation Act . 2. Definitions In this Act: (1) Hazardous substance; pollutant or contaminant; release; remedy; response The terms hazardous substance , pollutant or contaminant , release , remedy , and response have the meanings respectively set forth for those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). (2) Henderson redevelopment agency The term Henderson Redevelopment Agency means the public body, corporate and politic, known as the redevelopment agency of the City of Henderson, Nevada, established and authorized to transact business and exercise its powers in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685, inclusive). (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means the State of Nevada. (5) Three Kids Mine Federal Land The term Three Kids Mine Federal Land means the parcel or parcels of Federal land consisting of approximately 948 acres in sections 26, 34, 35, and 36, Township 21 South, Range 63 East, Mount Diablo Meridian, Nevada, as depicted on the map entitled Three Kids Mine Project Area and dated February 6, 2012. (6) Three Kids Mine Project Site The term Three Kids Mine Project Site means the Three Kids Mine Federal Land and the adjacent approximately 314 acres of non-Federal land, together comprising approximately 1,262 acres, as depicted on the map entitled Three Kids Mine Project Area and dated February 6, 2012. 3. Land conveyance (a) In general Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), as soon as practicable after fulfillment of the conditions in subsection (b), and subject to valid existing rights, the Secretary shall convey to the Henderson Redevelopment Agency all right, title, and interest of the United States in the Three Kids Mine Federal Land. (b) Conditions (1) Determination of fair market value The Secretary shall administratively adjust the fair market value of the Three Kids Mine Federal Land as determined pursuant to paragraph (2) by deducting from the fair market value of the Three Kids Mine Federal Land the reasonable approximate assessment, remediation and reclamation costs for the Three Kids Mine Project Area as determined pursuant to paragraph (3). The Secretary shall begin the appraisal and cost determination under paragraphs (2) and (3), respectively, not later than 30 days after the date of the enactment of this Act. (2) Appraisal The Secretary shall determine the fair market value of the Three Kids Mine Federal Land based on an appraisal without regard to any existing contamination associated with historical mining or other uses on the property and in accordance with nationally recognized appraisal standards including the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. The Henderson Redevelopment Agency shall reimburse the Secretary for costs incurred in performing the appraisal. (3) Remediation and reclamation costs The Secretary shall prepare a reasonable approximate estimation of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. This estimation shall be based upon the results of a comprehensive Phase II environmental site assessment of the Three Kids Mine Project Site prepared by the Henderson Redevelopment Agency or its designee that has been approved by the State, and shall be prepared in accordance with the current version of ASTM International Standard E–2137–06 entitled Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters . The Phase II environmental site assessment shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of the current versions of ASTM International Standard E–1527–05 entitled Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process and ASTM International Standard E–1903–11 entitled Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process . The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency and the State. In the event of a disagreement among the Secretary, Henderson Redevelopment Agency, and the State over the reasonable approximate estimate of costs, the parties shall jointly select one or more experts to advise the Secretary in making the final determination of such costs. (4) Consideration The Henderson Redevelopment Agency shall pay the fair market value, if any, as determined under this subsection. (5) Mine remediation and reclamation agreement executed The Secretary receives from the State notification, in writing, that the Mine Remediation and Reclamation Agreement has been executed. The Mine Remediation and Reclamation Agreement shall be an enforceable consent order or agreement administered by the State that— (A) obligates a party to perform, after the conveyance of the Three Kids Mine Federal Land under this Act, the remediation and reclamation work at the Three Kids Mine Project Site necessary to complete a permanent and appropriately protective remedy to existing environmental contamination and hazardous conditions; and (B) contains provisions determined to be necessary by the State, including financial assurance provisions to ensure the completion of such remedy. (6) Notification The Secretary receives from the Henderson Redevelopment Agency notification, in writing, that the Henderson Redevelopment Agency is prepared to accept conveyance of the Three Kids Mine Federal Land under this Act. Such notification must occur not later than 90 days after execution of the Mine Remediation and Reclamation Agreement referred to in paragraph (5). 4. Withdrawal (a) In general Subject to valid existing rights, for the 10-year period following the date of the enactment of this Act or on the date of the conveyance required by this Act, whichever is earlier, the Three Kids Mine Federal Land is withdrawn from all forms of— (1) entry, appropriation, operation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and the geothermal leasing laws. (b) Existing reclamation withdrawals Subject to valid existing rights, any withdrawal of public land for reclamation project purposes that includes all or any portion of the Three Kids Mine Federal Land for which the Bureau of Reclamation has determined that it has no further need under applicable law is hereby relinquished and revoked solely to the extent necessary to exclude from the withdrawal the land no longer needed and to allow for the immediate conveyance of the Three Kids Mine Federal Land as required under this Act. (c) Existing reclamation project and permitted facilities Without limiting the general applicability of section 3(a), nothing in this Act shall diminish, hinder, or interfere with the exclusive and perpetual use by existing rights holders for the operation, maintenance, and improvement of water conveyance infrastructure and facilities, including all necessary ingress and egress, situated on the Three Kids Mine Federal Land that were constructed or permitted by the Bureau of Reclamation prior to the effective date of this Act. 5. ACEC boundary adjustment Notwithstanding section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1717), the boundary of the River Mountains Area of Critical Environmental Concern (NVN 76884) is hereby adjusted consistent with the map entitled Three Kids Mine Project Area and dated February 6, 2012. 6. Release of the United States Upon making the conveyance under section 3, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) at the Three Kids Mine Project Site in existence on or before the date of the conveyance. 7. Southern Nevada Public Lands Management Act Southern Nevada Public Land Management Act of 1998 ( 31 U.S.C. 6901 note; Public Law 105–263 ) shall not apply to land conveyed under this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr697ih/xml/BILLS-113hr697ih.xml |
113-hr-698 | I 113th CONGRESS 1st Session H. R. 698 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mrs. Capps 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 Public Health Service Act to establish safeguards and standards of quality for research and transplantation of organs infected with human immunodeficiency virus (HIV).
1. Short title This Act may be cited as the HIV Organ Policy Equity Act . 2. Amendments to the Public Health Service Act (a) Standards of quality for the acquisition and transportation of donated organs (1) Organ Procurement and Transplantation Network Section 372(b) of the Public Health Service Act ( 42 U.S.C. 274(b) ) is amended— (A) in paragraph (2)(E), by striking , including standards for preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome ; and (B) by adding at the end the following: (3) Clarification In adopting and using standards of quality under paragraph (2)(E), the Organ Procurement and Transplantation Network may adopt and use such standards with respect to organs infected with human immunodeficiency virus (HIV), provided that any such standards ensure that organs infected with human immunodeficiency virus may be transplanted only into individuals who are infected with such virus before receiving such organ. . (2) Conforming amendment Section 371(b)(3)(C) of the Public Health Service Act ( 42 U.S.C. 273(b)(3)(C) ; relating to organ procurement organizations) is amended by striking including arranging for testing with respect to preventing the acquisition of organs that are infected with the etiologic agent for acquired immune deficiency syndrome and inserting including arranging for testing with respect to identifying organs that are infected with human immunodeficiency virus (HIV) . (b) Publication of research guidelines Part H of title III of the Public Health Service Act ( 42 U.S.C. 273 et seq. ) is amended by inserting after section 377D the following: 377E. Guidelines, standards, and regulations with respect to organs infected with HIV (a) In general Not later than 1 year after the date of the enactment of the HIV Organ Policy Equity Act , the Secretary shall develop and publish guidelines for the conduct of research relating to transplantation of organs from donors infected with human immunodeficiency virus (in this section referred to as HIV ). (b) Corresponding changes to standards and regulations applicable to research Not later than 1 year after the date of the enactment of the HIV Organ Policy Equity Act , to the extent determined by the Secretary to be necessary to allow the conduct of research in accordance with the guidelines developed under subsection (a)— (1) the Organ Procurement and Transplantation Network shall revise the standards of quality adopted under section 372(b)(2)(E); and (2) the Secretary shall revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations). (c) Revision of standards and regulations generally Not later than 2 years after the date of the enactment of the HIV Organ Policy Equity Act , and annually thereafter, the Secretary, shall— (1) review the results of scientific research in conjunction with the Organ Procurement and Transplantation Network to determine whether the results warrant revision of the standards of quality adopted under section 372(b)(2)(E) with respect to donated organs infected with HIV and with respect to the safety of cross-strain transplantation; (2) if the Secretary determines under paragraph (1) that such results warrant revision of the standards of quality adopted under section 372(b)(2)(E) with respect to donated organs infected with HIV and with respect to cross-strain transplantation, direct the Organ Procurement and Transplantation Network to revise such standards, consistent with section 372 and in a way that ensures the changes will not reduce the safety of organ transplantation; and (3) in conjunction with any revision of such standards under paragraph (2), shall revise section 121.6 of title 42, Code of Federal Regulations (or any successor regulations) for consistency with such standards. . 3. Conforming amendment to title 18 of the United States Code Section 1122 of title 18, United States Code, is amended by adding at the end the following: (d) Exception An organ donation does not violate this section if the donation is in accordance with all applicable guidelines and regulations of the Secretary made under section 377E of the Public Health Service Act. . | https://www.govinfo.gov/content/pkg/BILLS-113hr698ih/xml/BILLS-113hr698ih.xml |
113-hr-699 | I 113th CONGRESS 1st Session H. R. 699 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Van Hollen (for himself, Mr. Hoyer , Mr. George Miller of California , Ms. DeLauro , Mr. Pocan , Ms. Castor of Florida , Mr. Moran , Mr. Kildee , Mr. Huffman , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on the Budget 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 amend the Balanced Budget and Emergency Deficit Control Act of 1985 to repeal and replace the fiscal year 2013 sequestration.
1. Short title This Act may be cited as the Stop the Sequester Job Loss Now Act . 2. Table of contents Sec. 1. Short title. Sec. 2. Table of contents. Title I—BUDGET PROCESS AMENDMENTS TO REPLACE FISCAL YEAR 2013 SEQUESTRATION Sec. 101. Repeal and replace the 2013 sequester. Sec. 102. Protecting veterans programs from sequester. Title II—AGRICULTURAL SAVINGS Sec. 201. One-year extension of agricultural commodity programs, except direct payment programs. Title III—OIL AND GAS SUBSIDIES Sec. 301. Limitation on section 199 deduction attributable to oil, natural gas, or primary products thereof. Sec. 302. Prohibition on using last-in, first-out accounting for major integrated oil companies. Sec. 303. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers. Title IV—THE BUFFETT RULE Sec. 401. Fair share tax on high-income taxpayers. Title V—SENSE OF THE HOUSE Sec. 501. Sense of the House on the need for a fair, balanced and bipartisan approach to long-term deficit reduction. I BUDGET PROCESS AMENDMENTS TO REPLACE FISCAL YEAR 2013 SEQUESTRATION 101. Repeal the 2013 sequester and delay the 2014 sequester (a) Calculation of total deficit reduction and allocation to functions (1) Subparagraph (E) of section 251A(3) is amended to read as follows: (E) For fiscal year 2014, reducing the amount calculated under subparagraphs (A) through (D) by $27,500,000,000. . (2) Paragraph (4) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ) is amended by striking On March 1, 2013, for fiscal year 2013, and in its sequestration preview report for fiscal years 2014 through 2021 and inserting On January 2, 2014, for fiscal year 2014, and in its sequestration preview report for fiscal years 2015 through 2021 . (b) Defense and nondefense function reductions Paragraphs (5) and (6) of section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 are amended by striking 2013 and inserting 2014 each place it appears. (c) Implementing discretionary reductions (1) Section 251A(7)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking 2013 .—On January 2, 2013, for fiscal year 2013 and inserting 2014 .—On January 2, 2014, for fiscal year 2014 . (2) Section 251A(7)(B) of such Act is amended by striking 2014 and inserting 2015 each place it appears. (d) Savings The savings set forth by the enactment of title II shall achieve the savings that would otherwise have occurred as a result of the sequestration under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985. 102. Protecting veterans programs from sequester Section 256(e)(2)(E) of the Balanced Budget and Emergency Deficit Control Act of 1985 is repealed. II AGRICULTURAL SAVINGS 201. One-year extension of agricultural commodity programs, except direct payment programs (a) Extension Except as provided in subsection (b) and notwithstanding any other provision of law, the authorities provided by each provision of title I of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1651) and each amendment made by that title (and for mandatory programs at such funding levels), as in effect on September 30, 2013, shall continue, and the Secretary of Agriculture shall carry out the authorities, until September 30, 2014. (b) Termination of direct payment programs (1) Covered commodities The extension provided by subsection (a) shall not apply with respect to the direct payment program under section 1103 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 8713 ). (2) Peanuts The extension provided by subsection (a) shall not apply with respect to the direct payment program under section 1303 of the Food, Conservation, and Energy Act of 2008 ( 7 U.S.C. 7953 ). (c) Effective date This section shall take effect on the earlier of— (1) the date of the enactment of this Act; and (2) September 30, 2013. III OIL AND GAS SUBSIDIES 301. Limitation on section 199 deduction attributable to 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 certain oil and gas income In the case of any taxpayer who is a major integrated oil company (as defined in section 167(h)(5)(B)) for the taxable year, the term domestic production gross receipts shall not include gross receipts from the production, transportation, or distribution of oil, natural gas, 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 ending after December 31, 2013. 302. Prohibition on using last-in, first-out accounting for major integrated oil 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) Major integrated oil companies Notwithstanding any other provision of this section, a major integrated oil company (as defined in section 167(h)(5)(B)) may not use the method provided in subsection (b) in inventorying of any goods. . (b) Effective date and special rule (1) In general The amendment made by subsection (a) shall apply to taxable years ending after December 31, 2013. (2) Change in method of accounting In the case of any taxpayer required by the amendment made by this section to change its method of accounting for its first taxable year ending after December 31, 2013— (A) such change shall be treated as initiated by the taxpayer, (B) such change shall be treated as made with the consent of the Secretary of the Treasury, and (C) the net amount of the adjustments required to be taken into account by the taxpayer under section 481 of the Internal Revenue Code of 1986 shall be taken into account ratably over a period (not greater than 8 taxable years) beginning with such first taxable year. 303. Modifications of foreign tax credit rules applicable to major integrated oil companies which are dual capacity taxpayers (a) In general Section 901 of the Internal Revenue Code of 1986 is amended by redesignating subsection (n) as subsection (o) and by inserting after subsection (m) the following new subsection: (n) Special rules relating to major integrated oil companies which are dual capacity taxpayers (1) General rule Notwithstanding any other provision of this chapter, any amount paid or accrued by a dual capacity taxpayer which is a major integrated oil company (as defined in section 167(h)(5)(B)) to a foreign country or possession of the United States for any period shall not be considered a tax— (A) if, for such period, the foreign country or possession does not impose a generally applicable income tax, or (B) to the extent such amount exceeds the amount (determined in accordance with regulations) which— (i) is paid by such dual capacity taxpayer pursuant to the generally applicable income tax imposed by the country or possession, or (ii) would be paid if the generally applicable income tax imposed by the country or possession were applicable to such dual capacity taxpayer. Nothing in this paragraph shall be construed to imply the proper treatment of any such amount not in excess of the amount determined under subparagraph (B). (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) Generally applicable income tax For purposes of this subsection— (A) In general The term generally applicable income tax means an income tax (or a series of income taxes) which is generally imposed under the laws of a foreign country or possession on income derived from the conduct of a trade or business within such country or possession. (B) Exceptions Such term shall not include a tax unless it has substantial application, by its terms and in practice, to— (i) persons who are not dual capacity taxpayers, and (ii) persons who are citizens or residents of the foreign country or possession. . (b) Effective date (1) In general The amendments made by this section shall apply to taxes paid or accrued in taxable years beginning after the date of the enactment of this Act. (2) 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. IV THE BUFFETT RULE 401. Fair share tax on high-income taxpayers (a) In general Subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part: VII FAIR SHARE TAX ON HIGH-INCOME TAXPAYERS 59B. Fair share tax (a) General rule (1) Phase-in of tax In the case of any high-income taxpayer, there is hereby imposed for a taxable year (in addition to any other tax imposed by this subtitle) a tax equal to the product of— (A) the amount determined under paragraph (2), and (B) a fraction (not to exceed 1)— (i) the numerator of which is the excess of— (I) the taxpayer’s adjusted gross income, over (II) the dollar amount in effect under subsection (c)(1), and (ii) the denominator of which is the dollar amount in effect under subsection (c)(1). (2) Amount of tax The amount of tax determined under this paragraph is an amount equal to the excess (if any) of— (A) the tentative fair share tax for the taxable year, over (B) the excess of— (i) the sum of— (I) the regular tax liability (as defined in section 26(b)) for the taxable year, (II) the tax imposed by section 55 for the taxable year, plus (III) the payroll tax for the taxable year, over (ii) the credits allowable under part IV of subchapter A (other than sections 27(a), 31, and 34). (b) Tentative fair share tax For purposes of this section— (1) In general The tentative fair share tax for the taxable year is 30 percent of the excess of— (A) the adjusted gross income of the taxpayer, over (B) the modified charitable contribution deduction for the taxable year. (2) Modified charitable contribution deduction For purposes of paragraph (1)— (A) In general The modified charitable contribution deduction for any taxable year is an amount equal to the amount which bears the same ratio to the deduction allowable under section 170 (section 642(c) in the case of a trust or estate) for such taxable year as— (i) the amount of itemized deductions allowable under the regular tax (as defined in section 55) for such taxable year, determined after the application of section 68, bears to (ii) such amount, determined before the application of section 68. (B) Taxpayer must itemize In the case of any individual who does not elect to itemize deductions for the taxable year, the modified charitable contribution deduction shall be zero. (c) High-Income taxpayer For purposes of this section— (1) In general The term high-income taxpayer means, with respect to any taxable year, any taxpayer (other than a corporation) with an adjusted gross income for such taxable year in excess of $1,000,000 (50 percent of such amount in the case of a married individual who files a separate return). (2) Inflation adjustment (A) In general In the case of a taxable year beginning after 2014, the $1,000,000 amount under paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2013 for calendar year 1992 in subparagraph (B) thereof. (B) Rounding If any amount as adjusted under subparagraph (A) is not a multiple of $10,000, such amount shall be rounded to the next lowest multiple of $10,000. (d) Payroll tax For purposes of this section, the payroll tax for any taxable year is an amount equal to the excess of— (1) the taxes imposed on the taxpayer under sections 1401, 1411, 3101, 3201, and 3211(a) (to the extent such taxes are attributable to the rate of tax in effect under section 3101) with respect to such taxable year or wages or compensation received during the taxable year, over (2) the deduction allowable under section 164(f) for such taxable year. (e) Special rule for estates and trusts For purposes of this section, in the case of an estate or trust, adjusted gross income shall be computed in the manner described in section 67(e). (f) Not treated as tax imposed by this chapter for certain purposes The tax imposed under this section shall not be treated as tax imposed by this chapter for purposes of determining the amount of any credit under this chapter (other than the credit allowed under section 27(a)) or for purposes of section 55. . (b) Conforming amendment Section 26(b)(2) of such Code is amended by redesignating subparagraphs (C) through (X) as subparagraphs (D) through (Y), respectively, and by inserting after subparagraph (B) the following new subparagraph: (C) section 59B (relating to fair share tax), . (c) Clerical amendment The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Part VII—Fair Share Tax on High-Income Taxpayers . (d) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2013. V SENSE OF THE HOUSE 501. Sense of the House on the need for a fair, balanced and bipartisan approach to long-term deficit reduction (a) The House finds that— (1) every bipartisan commission has recommended—and the majority of Americans agree—that we should take a balanced, bipartisan approach to reducing the deficit that addresses both revenue and spending; and (2) sequestration is a meat-ax approach to deficit reduction that imposes deep and mindless cuts, regardless of their impact on vital services and investments. (b) It is the sense of the House that the Congress should replace the entire 10-year sequester established by the Budget Control Act of 2011 with a balanced approach that would increase revenues without increasing the tax burden on middle-income Americans, and decrease long-term spending while maintaining the Medicare guarantee, protecting Social Security and a strong social safety net, and making strategic investments in education, science, research, and critical infrastructure necessary to compete in the global economy. | https://www.govinfo.gov/content/pkg/BILLS-113hr699ih/xml/BILLS-113hr699ih.xml |
113-hr-700 | I 113th CONGRESS 1st Session H. R. 700 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. George Miller of California introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To direct the Secretary of Education to carry out the Advanced Research Projects Agency-Education to fund directed development projects to support targeted breakthroughs in teaching and learning.
1. Short title This Act may be cited as the ARPA–ED Act. 2. Establishment of the Advanced research project agency-education (a) Program established From the amounts appropriated for section 14007 of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ), the Secretary of Education may reserve up to 30 percent to— (1) establish and carry out the Advanced Research Projects Agency-Education (in this Act referred to as ARPA–ED ) to— (A) identify and promote advances in learning, fundamental and applied sciences, and engineering that may be translated into new learning technologies; (B) develop, test, and evaluate new learning technologies and related processes; and (C) accelerate transformational technological advances in education; (2) convene an advisory panel under subsection (d); and (3) carry out the evaluation and dissemination requirements under subsection (e). (b) Appointments (1) Director ARPA–ED shall be under the direction of the Director of ARPA–ED, who shall be appointed by the Secretary. (2) Qualified individuals The Secretary shall appoint, for a term of not more than 4 years, qualified individuals who represent scientific, engineering, professional, and other personnel with expertise in carrying out the activities described in this section to positions in ARPA–ED, at rates of compensation determined by the Secretary, without regard to the provisions of title 5, United States Code, except that such rates of compensation shall not to exceed the rate for level I of the Executive Schedule under section 5312 of such title. (c) Functions of ARPA–ED Upon consultation with the advisory panel convened under subsection (d) , the Secretary shall select public and private entities to carry out the activities described in subsection (a)(1) by— (1) awarding such entities grants, contracts, cooperative agreements, or cash prizes; or (2) entering into such other transactions with such entities as the Secretary may prescribe in regulations. (d) Advisory panel (1) In general The Secretary shall convene an advisory panel to advise and consult with the Secretary, Director, and the qualified individuals appointed under subsection (b)(2) on— (A) ensuring that the awards made and transaction entered into under subsection (c) are consistent with the purposes described in subsection (a)(1) ; and (B) ensuring the relevance, accessibility, and utility of such awards and transactions to education practitioners. (2) Appointment of members The Secretary shall appoint the following qualified individuals to serve on the advisory panel: (A) Education practitioners. (B) Experts in technology. (C) Specialists in rapid gains in student achievement and school turnaround. (D) Specialists in personalized learning. (E) Researchers, including at least one representative from a comprehensive center established under 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 ) or the regional laboratories system established under section 174 of the Education Sciences Reform Act ( 20 U.S.C. 9564 ). (F) Other individuals with expertise who will contribute to the overall rigor and quality of ARPA–ED. (3) Applicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel convened under this subsection and any appointee to such panel shall not be considered an employee under section 2105 of title 5, United States Code. (e) Evaluation and dissemination (1) Evaluation The Secretary shall obtain independent, periodic, and rigorous evaluation of— (A) the effectiveness of the processes ARPA–Ed is using to achieve the purposes described in subsection (a)(1); (B) the relevance, accessibility, and utility of the awards made and transactions entered into under subsection (c) to education practitioners; and (C) the effectiveness of the projects carried out through such awards and transactions, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of such projects for further investment or increased scale. (2) Dissemination and use The Secretary shall disseminate information to education practitioners, including teachers, principals, and local and State superintendents, on effective practices and technologies developed under ARPA–ED, as appropriate, through— (A) the comprehensive centers established under 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 ); (B) the regional laboratories system established under section 174 of the Education Sciences Reform Act ( 20 U.S.C. 9564 ); and (C) such other means as the Secretary determines to be appropriate. (f) Administrative requirements Notwithstanding section 437(d) of the General Education Provisions Act ( 20 U.S.C. 1232(d) ), the Secretary shall establish such processes as may be necessary for the Secretary to manage and administer ARPA–ED, which are not constrained by other Department-wide administrative requirements that may prevent ARPA–ED from carrying out the purposes described in subsection (a)(1). (g) Definitions For purposes of this Act: (1) Department The term Department means the Department of Education. (2) Director The term Director means the Director of ARPA–ED. (3) Secretary The term Secretary means the Secretary of Education. | https://www.govinfo.gov/content/pkg/BILLS-113hr700ih/xml/BILLS-113hr700ih.xml |
113-hr-701 | I 113th CONGRESS 1st Session H. R. 701 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. McHenry (for himself, Mr. Schweikert , Ms. Eshoo , Mr. Garrett , and Mr. David Scott of Georgia ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend a provision of the Securities Act of 1933 directing the Securities and Exchange Commission to add a particular class of securities to those exempted under such Act to provide a deadline for such action.
1. Rulemaking deadline for exempting certain securities Section 3(b)(2) of the Securities Act of 1933 ( 15 U.S.C. 77c(b)(2) ) is amended by striking The Commission and inserting Not later than October 31, 2013, the Commission . | https://www.govinfo.gov/content/pkg/BILLS-113hr701ih/xml/BILLS-113hr701ih.xml |
113-hr-702 | I 113th CONGRESS 1st Session H. R. 702 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to direct the Secretary of Health and Human Services to establish a Frontline Providers Loan Repayment Program.
1. Short title This Act may be cited as the Access to Frontline Health Care Act of 2013 . 2. Frontline providers loan repayment program Part D of title III of the Public Health Service Act ( 42 U.S.C. 254b et seq. ) is amended— (1) by redesignating the second subpart XI (as added by section 10333 of Public Law 111–148 ) as subpart XII; (2) by redesignating the second section 340H (as added by such section 10333) as section 340I; and (3) by adding at the end the following: XIII Frontline Health Care Services 340J. Frontline Providers Loan Repayment Program (a) In General The Secretary shall establish and carry out a Frontline Providers Loan Repayment Program (in this section referred to as the Loan Repayment Program ) under which, pursuant to contracts in accordance with this section— (1) the Secretary agrees to make student loan repayments; and (2) the individual agrees to serve as a health professional for a period of full-time service of not less than 2 years at a health care facility serving a frontline care scarcity area. (b) Eligibility To be eligible to participate in the Loan Repayment Program, an individual must— (1) submit an application to participate in the Loan Repayment Program in such form and manner and at such time as specified by the Secretary; and (2) sign and submit to the Secretary, at the time of submittal of such application, a written contract (described in subsection (d)). (c) Participation in Program (1) In general An individual becomes a participant in the Loan Repayment Program only upon the approval of the Secretary of the individual’s application submitted under subsection (b)(1) and the Secretary’s acceptance of the contract submitted by the individual under subsection (b)(2). (2) Preference In awarding contracts under this section, the Secretary shall give preference to applicants who have undertaken training or coursework in interdisciplinary studies. (3) Recruitment for Interdisciplinary Programs The Secretary shall— (A) determine the frontline care scarcity areas in which to place contract recipients under this section; and (B) in making such determination, give preference to areas with a demonstrated program of interdisciplinary health care, or with demonstrated plans to initiate interdisciplinary approaches to community health care. (4) Notice The Secretary shall provide written notice to an individual promptly upon the Secretary’s approving, under paragraph (1), of the individual’s participation in the Loan Repayment Program. (d) Contract The contract described in this subsection is a written contract between the Secretary and an individual that contains— (1) an agreement that— (A) the Secretary agrees to provide the individual with student loan repayment (described in subsection (e)) for a period of time as determined by the Secretary, to pay off debts incurred during the course of the study or program described in subsection (g)(2)(B); and (B) the individual agrees— (i) to accept provision of such a student loan repayment to the individual; and (ii) to provide frontline care services for a period of full-time service of not less than 2 years at a health care facility serving a frontline care scarcity area; (2) a provision that any financial obligation of the United States arising out of a contract entered into under this section and any obligation of the individual which is conditioned thereon, is contingent upon funds being appropriated for student loan repayment under this section; (3) a statement of the damages to which the United States is entitled, under subsection (f), for the individual’s breach of the contract; and (4) such other statements as the Secretary deems appropriate of the rights and liabilities of the Secretary and of the individual, not inconsistent with the provisions of this section. (e) Student Loan Repayment (1) Amount The amount of an annual student loan repayment under this section on behalf of an individual shall be determined by the Secretary, and shall take into consideration the need to pay a sufficient amount to enable recruiting of health care providers into the loan repayment program under this section. (2) Payments Directly to Loan Provider The Secretary may contract with an individual’s loan provider, for the payment to the loan provider, on behalf of the individual, of the amounts of a student loan repayment described in paragraph (1). (f) Breach of contract If an individual breaches a written contract under this section by failing to begin such individual’s service obligation, or to complete such service obligation, the United States shall be entitled to recover from the individual an amount that is equal to the sum of— (1) the total amount which has been paid to the individual, or on behalf of the individual, under the contract; and (2) any amount of interest, as determined by the Secretary. (g) Definitions In this section: (1) The term frontline care scarcity area means an area, population group, or facility that— (A) is designated as a health professional shortage area under section 332; or (B) is designated by the State in which the area is located as having a shortage of frontline care services. (2) The term frontline care services means health care services— (A) in the field of general surgery, optometry, ophthalmology, chiropractic, physical therapy, audiology, speech language pathology, pharmacies, public health, podiatric medicine, dietetics, occupational therapy, general pediatrics, respiratory therapy, medical technology, otolaryngology, or radiologic technology; and (B) provided by a general surgeon, optometrist, ophthalmologist, chiropractor, physical therapist, audiologist, speech language pathologist, pharmacist, public health professional, podiatric physician, registered dietician, occupational therapist, pediatrician, respiratory therapist, medical technologist, otolaryngologist, or radiologic technologist who has completed an appropriate course of study or program, offered by an accredited institution of higher education in the United States. (h) Implementation The Secretary shall begin implementation of the loan repayment program under this section within 180 days of the date of the enactment of this section. . | https://www.govinfo.gov/content/pkg/BILLS-113hr702ih/xml/BILLS-113hr702ih.xml |
113-hr-703 | I 113th CONGRESS 1st Session H. R. 703 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Carney (for himself and Mr. Meehan ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the First State National Historical Park in the State of Delaware, and for other purposes.
1. Short title This Act may be cited as the First State National Historical Park Act . 2. Definitions In this Act: (1) Historical park The term historical park means the First State National Historical Park established by section 3(a)(1). (2) Secretary The term Secretary means the Secretary of the Interior. (3) State The term State means— (A) the State of Delaware; and (B) in the case of the property described in section 3(b)(8), the States of Delaware and Pennsylvania. 3. First State National Historical Park (a) Establishment (1) In general Subject to paragraph (3), there is established the First State National Historical Park, to be administered as a unit of the National Park System. (2) Purposes The purposes of the historical park are to preserve, protect, and interpret the nationally significant cultural and historic resources in the State that are associated with— (A) early Dutch, Swedish, and English settlement of the Colony of Delaware and portions of the Colony of Pennsylvania; and (B) the role of Delaware— (i) in the birth of the United States; and (ii) as the first State to ratify the Constitution. (3) Determination by secretary (A) In general The historical park shall not be established until the date on which the Secretary determines that sufficient land or interests in land have been acquired from among the sites described in subsection (b) to constitute a manageable park unit. (B) Notice Not later than 30 days after making a determination under subparagraph (A), the Secretary shall publish a notice in the Federal Register of the establishment of the historical park, including an official boundary map for the historical park. (C) Availability of map The map published under subparagraph (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (b) Historic sites The Secretary may include the following sites within the boundary of the historical park as generally depicted on the maps numbered 1 through 6, entitled First State National Historical Park, New Castle, Kent, Sussex Counties, DE and Delaware County, PA and First State National Historical Park, Woodlawn , numbered T19/80,000G, and dated February 2013: (1) The Old Sherriff’s House in New Castle County, Delaware, as depicted on map 4 of 6. (2) Fort Christina National Historic Landmark in New Castle County, Delaware, as depicted on map 3 of 6. (3) Old Swedes Church National Historic Landmark in New Castle County, Delaware, as depicted on map 3 of 6. (4) Old New Castle Courthouse in New Castle, Delaware, as depicted on map 4 of 6. (5) John Dickinson Plantation National Historic Landmark in Kent County, Delaware, as depicted on map 5 of 6. (6) Dover Green in Kent County, Delaware, as depicted on map 5 of 6. (7) Ryves Holt House in Sussex County, Delaware, as depicted on map 6 of 6. (8) The Woodlawn property in New Castle County, Delaware, and Delaware County, Pennsylvania, as depicted on map 2 of 6. (9) Old New Castle Green, in New Castle, Delaware, as depicted on map 4 of 6. 4. Administration (a) In general The Secretary shall administer the historical park in accordance with— (1) this Act; and (2) 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. ). (b) Land acquisition (1) Methods (A) In general Except as provided in subparagraph (B), the Secretary may acquire all or a portion of any of the sites described in section 3(b), including easements or other interests in land, by purchase from a willing seller, donation, or exchange. (B) Donation only (i) Proposed NPS Site The Secretary may acquire only by donation all or a portion of the property identified as Proposed NPS Site on map 2 of 6 entitled First State National Historical Park, Woodlawn , numbered T19/80,000G, and dated February 2013, including easements or other interests in land. (ii) Area for potential addition by donation The Secretary may acquire only by donation all or a portion of the property identified as “Area for Potential Addition by Donation” on map 2 of 6 entitled First State National Historical Park, Woodlawn , numbered T19/80,000G, and dated February 2013. (2) Boundary adjustment On acquisition of land or an interest in land under paragraph (1), the boundary of the historical park shall be adjusted to reflect the acquisition. (c) Interpretive tours The Secretary may provide interpretive tours to sites and resources in the State that are located outside the boundary of the historical park and associated with the purposes for which the historical park is established, including— (1) Fort Casimir; (2) DeVries Monument; (3) Amstel House; (4) Dutch House; and (5) Zwaanendael Museum. (d) Cooperative agreements (1) In general The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, nonprofit organizations, and individuals to mark, interpret, and restore nationally significant historic or cultural resources within the boundaries of the historical park, if the cooperative agreement provides for reasonable public access to the resources. (2) Cost-sharing requirement (A) Federal share The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under paragraph (1) shall be not more than 50 percent. (B) Form of non-Federal share The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued. (e) Management plan (1) In general Not later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary shall complete a management plan for the historical park. (2) Applicable law The management plan shall be prepared in accordance with section 12(b) of Public Law 91–383 ( 16 U.S.C. 1a–7(b) ) and other applicable laws. 5. National landmark study (a) In general Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall complete a study assessing the historical significance of additional properties in the State that are associated with the purposes of historical park. (b) Requirements The study prepared under subsection (a) shall include an assessment of the potential for designating the additional properties as National Historic Landmarks. 6. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr703ih/xml/BILLS-113hr703ih.xml |
113-hr-704 | I 113th CONGRESS 1st Session H. R. 704 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Carter (for himself, Mr. Wolf , and Mr. Burgess ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to extend whistleblower protections to a member of the Armed Forces who alerts Department of Defense investigation or law enforcement organizations, a person or organization in the member’s chain of command, and certain other persons or entities about the potentially dangerous ideologically based threats or actions of another member against United States interests or security.
1. Short title This Act may be cited as the Military Whistleblower Protection Enhancement Act . 2. Protected communications by members of the Armed Forces and prohibition of retaliatory personnel actions Section 1034(c)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph: (D) Ideologically based threats or actions of another member that the member providing the information reasonably believes could be counterproductive or detrimental to United States interests or security. . | https://www.govinfo.gov/content/pkg/BILLS-113hr704ih/xml/BILLS-113hr704ih.xml |
113-hr-705 | I 113th CONGRESS 1st Session H. R. 705 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Carter (for himself, Mr. McCaul , Mr. Wolf , Mr. Burgess , and Mr. Flores ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure that the victims and victims’ families of the November 5, 2009, attack at Fort Hood, Texas, receive the same treatment and benefits as those Americans who have been killed or wounded in a combat zone overseas and their families.
1. Short title This Act may be cited as the Fort Hood Victims and Families Benefits Protection Act . 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) Fort Hood, Texas, has played a highly prominent role in the Global War on Terror, deploying more members of the Armed Forces into overseas theaters of combat since September 11, 2001, than any other United States military installation. (2) The members of the Armed Forces and community of Fort Hood have answered the call to service with honor and distinction, and the post has paid a steep price, suffering more combat casualties in Operation Iraqi Freedom and Operation Enduring Freedom than any other United States military installation. (3) In February 2011, the Committee on Homeland Security and Governmental Affairs of the Senate issued a report entitled A Ticking Time Bomb: Counterterrorism Lessons from the U.S. Government's Failure to Prevent the Fort Hood Attack , which stated the following: On November 5, 2009, 13 Americans—12 servicemembers and one civilian employee of DoD—were killed and 32 were wounded in an attack at the military base at Fort Hood, Texas. This tragedy was the deadliest terrorist attack within the United States since September 11, 2001. . (b) Sense of Congress It is the sense of Congress that— (1) any member of the Armed Forces or civilian employee of the Department of Defense who was killed or wounded in the attack that occurred at Fort Hood, Texas, on November 5, 2009, and the family members of those victims, should receive the same treatment and benefits as the victims and families of victims of the September 11, 2001, terrorist attacks on the United States; and (2) these Americans have made tremendous sacrifices, and the United States should provide them with the maximum level of benefits available, identical to the level of benefits available to those who have been killed or wounded in an overseas combat zone such as Iraq or Afghanistan. 3. Treatment of members of the Armed Forces and civilian employees of the Department of Defense who were killed or wounded in the November 5, 2009, attack at Fort Hood, Texas (a) Treatment For purposes of all applicable Federal laws, regulations, and policies, a member of the Armed Forces or civilian employee of the Department of Defense who was killed or wounded in the attack that occurred at Fort Hood, Texas, on November 5, 2009, shall be deemed as follows: (1) In the case of a member, to have been killed or wounded in a combat zone as the result of an act of an enemy of the United States. (2) In the case of a civilian employee of the Department of Defense— (A) to have been killed or wounded while serving with the Armed Forces in a contingency operation; and (B) to have been killed or wounded in a terrorist attack. (b) Exception Subsection (a) shall not apply to a member of the Armed Forces whose death or wound as described in that subsection is the result of the willful misconduct of the member. | https://www.govinfo.gov/content/pkg/BILLS-113hr705ih/xml/BILLS-113hr705ih.xml |
113-hr-706 | I 113th CONGRESS 1st Session H. R. 706 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Cicilline (for himself, Mr. Langevin , Mr. McGovern , and Mr. Neal ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish the Blackstone River Valley National Historical Park, to dedicate the Park to John H. Chafee, and for other purposes.
1. Short title This Act may be cited as the Blackstone River Valley National Historical Park Establishment Act . 2. Purpose The purpose of this Act is to establish the Blackstone River Valley National Historical Park— (1) to help preserve, protect, and interpret the nationally significant resources that exemplify the industrial heritage of the Blackstone River Valley for the benefit and inspiration of future generations; (2) to support the preservation, protection, and interpretation of the urban, rural, and agricultural landscape features (including the Blackstone River and Canal) of the region that provide an overarching context for the industrial heritage of the Blackstone River Valley; (3) to educate the public about— (A) the nationally significant sites and districts that convey the industrial history of the Blackstone River Valley; and (B) the significance of the Blackstone River Valley to the past and present of the United States; and (4) to support and enhance the network of partners in the protection, improvement, management, and operation of related resources and facilities throughout the John H. Chafee Blackstone River Valley National Heritage Corridor. 3. Definitions In this Act: (1) National heritage corridor The term National Heritage Corridor means the John H. Chafee Blackstone River Valley National Heritage Corridor. (2) Park The term Park means the Blackstone River Valley National Historical Park established under section 4. (3) Secretary The term Secretary means the Secretary of the Interior. (4) States The term States means— (A) the State of Massachusetts; and (B) the State of Rhode Island. 4. Blackstone river valley national historical park (a) Establishment There is established in the States a unit of the National Park System, to be known as the Blackstone River Valley National Historical Park . (b) Historic sites and districts The Park shall include— (1) Blackstone River State Park; and (2) the following resources, as described in Management Option 3 of the study entitled Blackstone River Valley Special Resource Study—Study Report 2011 : (A) Old Slater Mill National Historic Landmark District. (B) Slatersville Historic District. (C) Ashton Historic District. (D) Whitinsville Historic District. (E) Hopedale Village Historic District. (F) Blackstone River and the tributaries of Blackstone River. (G) Blackstone Canal. (c) Acquisition of land; park boundary (1) Land acquisition The Secretary may acquire land or interests in land that are considered contributing historic resources in the historic sites and districts described in subsection (b)(2) for inclusion in the Park boundary by donation, purchase from a willing seller with donated or appropriated funds, or exchange. (2) Park boundary On a determination by the Secretary that a sufficient quantity of land or interests in land has been acquired to constitute a manageable park unit, the Secretary shall establish a boundary for the Park by publishing a boundary map in the Federal Register. (3) Other resources The Secretary may include in the Park boundary any resources that are the subject of an agreement with the States or a subdivision of the States entered into under subsection (d)(4). (4) Boundary adjustment On the acquisition of additional land or interests in land under paragraph (1), or on entering an agreement under paragraph (3), the boundary of the Park shall be adjusted to reflect the acquisition or agreement by publishing a Park boundary map in the Federal Register. (5) Availability of map The maps referred to in this subsection shall be available for public inspection in the appropriate offices of the National Park Service. (6) Administrative facilities The Secretary may acquire not more than 10 acres in Woonsocket, Rhode Island for the development of administrative, curatorial, maintenance, or visitor facilities for the Park. (7) Limitation Land owned by the States or a political subdivision of the States may be acquired under this subsection only by donation. (d) Administration (1) In general The Secretary shall administer land within the boundary of the Park in accordance with— (A) this section; and (B) the laws generally applicable to units of the National Park System, including— (i) the National Park Service Organic Act ( 16 U.S.C. 1 et seq. ); and (ii) the Act of August 21, 1935 ( 16 U.S.C. 461 et seq. ). (2) General management plan (A) In general Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall prepare a general management plan for the Park— (i) in consultation with the States and other interested parties; and (ii) in accordance with section 12(b) of the National Park System General Authorities Act ( 16 U.S.C. 1a–7(b) ). (B) Requirements The plan shall consider ways to use preexisting or planned visitor facilities and recreational opportunities developed in the National Heritage Corridor, including— (i) the Blackstone Valley Visitor Center, Pawtucket, Rhode Island; (ii) the Captain Wilbur Kelly House, Blackstone River State Park, Lincoln, Rhode Island; (iii) the Museum of Work and Culture, Woonsocket, Rhode Island; (iv) the River Bend Farm/Blackstone River and Canal Heritage State Park, Uxbridge, Massachusetts; (v) the Worcester Blackstone Visitor Center, located at the former Washburn & Moen wire mill facility, Worcester, Massachusetts; (vi) the Route 295 Visitor Center adjacent to Blackstone River State Park; and (vii) the Blackstone River Bikeway. (3) Related sites The Secretary may provide technical assistance, visitor services, interpretive tours, and educational programs to sites and resources in the National Heritage Corridor that are located outside the boundary of the Park and associated with the purposes for which the Park is established. (4) Cooperative agreements (A) In general To further the purposes of this section and notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into cooperative agreements with the States, political subdivisions of the States, nonprofit organizations (including Blackstone River Valley National Heritage Corridor, Inc.), and other interested parties— (i) to provide technical assistance, interpretation, and educational programs in the historic sites and districts described in subsection (b)(2); and (ii) subject to the availability of appropriations and subparagraphs (B) and (C), to provide not more than 50 percent of the cost of any natural, historic, or cultural resource protection project in the Park that is consistent with the general management plan prepared under paragraph (2). (B) Matching requirement As a condition of the receipt of funds under subparagraph (A)(ii), the Secretary shall require that any Federal funds made available under a cooperative agreement entered into under this paragraph are to be matched on a 1-to-1 basis by non-Federal funds. (C) Reimbursement Any payment made by the Secretary under subparagraph (A)(ii) shall be subject to an agreement that the conversion, use, or disposal of the project for purposes that are inconsistent with the purposes of this section, as determined by the Secretary, shall result in a right of the United States to reimbursement of the greater of— (i) the amount provided by the Secretary to the project under subparagraph (A)(ii); or (ii) an amount equal to the increase in the value of the project that is attributable to the funds, as determined by the Secretary at the time of the conversion, use, or disposal. (D) Public access Any cooperative agreement entered into under this paragraph shall provide for reasonable public access to the resources covered by the cooperative agreement. (e) Dedication; memorial (1) In general Congress dedicates the Park to John H. Chafee, the former United States Senator from Rhode Island, in recognition of— (A) the role of John H. Chafee in the preservation of the resources of the Blackstone River Valley and the heritage corridor that bears the name of John H. Chafee; and (B) the decades of the service of John H. Chafee to the people of Rhode Island and the United States. (2) Memorial The Secretary shall display a memorial at an appropriate location in the Park that recognizes the role of John H. Chafee in preserving the resources of the Blackstone River Valley for the people of the United States. 5. John H. Chafee Blackstone River Valley National Heritage Corridor amendments Public Law 99–647 ( 16 U.S.C. 461 note; 100 Stat. 3625) is amended— (1) in the first sentence of section 2 (110 Stat. 4202), by striking the map entitled Blackstone River Valley National Heritage Corridor Boundary Map , numbered BRV–80–80,011, and dated May 2, 1993 and inserting the map entitled John H. Chafee Blackstone River Valley National Heritage Corridor—Proposed Boundary , numbered 022/111530, and dated November 10, 2011 ; (2) in section 7 (120 Stat. 1858, 125 Stat. 155)— (A) in the section heading, by striking termination of commission and inserting termination of commission; designation of local coordinating entity ; (B) by striking The Commission and inserting the following: (a) In general The Commission ; and (C) by adding at the end the following: (b) Local coordinating entity (1) Designation The Blackstone River Valley National Heritage Corridor, Inc., shall be the local coordinating entity for the Corridor (referred to in this section as the local coordinating entity ). (2) Implementation of management plan The local coordinating entity shall assume the duties of the Commission for the implementation of the Cultural Heritage and Land Management Plan developed and approved under section 6. (c) Use of funds For the purposes of carrying out the management plan, the local coordinating entity may use amounts made available under this Act— (1) to make grants to the States of Massachusetts and Rhode Island (referred to in this section as the States ), political subdivisions of the States, nonprofit organizations, and other persons; (2) to enter into cooperative agreements with or provide technical assistance to the States, political subdivisions of the States, nonprofit organizations, Federal agencies, and other interested parties; (3) to hire and compensate staff, including individuals with expertise in— (A) natural, historical, cultural, educational, scenic, and recreational resource conservation; (B) economic and community development; or (C) heritage planning; (4) to obtain funds or services from any source, including funds and services provided under any other Federal law or program; (5) to contract for goods or services; and (6) to support activities of partners and any other activities that further the purposes of the Corridor and are consistent with the approved management plan. ; (3) in section 8 (120 Stat. 1858)— (A) in subsection (b)— (i) by striking The Secretary and inserting the following: (1) In general The Secretary ; and (ii) by adding at the end the following: (2) Cooperative agreements Notwithstanding chapter 63 of title 31, United States Code, the Secretary may enter into cooperative agreements with the local coordinating entity designated by paragraph (1) and other public or private entities for the purpose of— (A) providing technical assistance; or (B) implementing the plan under section 6(c). ; and (B) by striking subsection (d) and inserting the following: (d) Transition memorandum of understanding The Secretary shall enter into a memorandum of understanding with the local coordinating entity to ensure— (1) the appropriate transition of management of the Corridor from the Commission to the local coordinating entity; and (2) coordination regarding the implementation of the Cultural Heritage and Land Management Plan. ; (4) in section 10 (120 Stat. 1858)— (A) in subsection (a) by striking for each year in which the Commission is in existence and replace with until September 30, 2016 ; and (B) by striking subsection (c); and (5) by adding at the end the following: 11. References to the corridor, inc For purposes of sections 6, 8, 9 and 10 (other than section 8(d)(1)), a reference to the Commission shall be considered to be a reference to the local coordinating entity. . 6. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out sections 2 through 4. | https://www.govinfo.gov/content/pkg/BILLS-113hr706ih/xml/BILLS-113hr706ih.xml |
113-hr-707 | I 113th CONGRESS 1st Session H. R. 707 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Crawford (for himself and Mr. Austin Scott of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Education and the Workforce 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 amend the Immigration and Nationality Act to simplify and rename the H–2C worker program, and for other purposes.
1. Short title This Act may be cited as the Short Term Retention for Agricultural Workers Act of 2013 . 2. In general (a) inclusion of dairy or ranch workers Section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) ) is amended by inserting labor on a dairy or ranch and before agricultural labor defined in . (b) Elimination of 50 percent rule Section 218(c)(3) of such Act (8 U.S.C. 1188(c)(3)) is amended— (1) in subparagraph (A), by striking (A) ; and (2) by striking subparagraph (B). (c) Wage rate Section 218(a)(1)(B) of such Act ( 8 U.S.C. 1188(a)(1)(B) ) is amended by striking the period at the end and inserting , except that no employer shall be required to pay a wage rate greater than the greatest of the Federal, State, and local minimum wage rates. . (d) Legal assistance from the Legal Services Corporation Section 218(h) of such Act (8 U.S.C. 1188(h)), as amended by subsection (g), is further amended by adding at the end the following: (4) (A) The Legal Services Corporation may not provide legal assistance for, or on behalf of, any alien, and may not provide financial assistance to any person or entity that provides legal assistance for, or on behalf of, any alien, unless— (i) the alien is present in the United States at the time the legal assistance is provided; and (ii) the parties to the dispute have attempted, in good faith, mediation or other non-binding dispute resolution of all issues involving all such parties. (B) If an employer and a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) have an arbitration arrangement, the Legal Services Corporation shall respect the arbitration process and outcome. (C) No employer of a nonimmigrant having status under section 101(a)(15)(H)(ii)(a) shall be required to permit any recipient of a grant or contract under section 1007 of the Legal Services Corporation Act ( 42 U.S.C. 2996f ), or any employee of such a recipient, to enter upon the employer’s property, unless such recipient or employee has a pre-arranged appointment with a specific nonimmigrant having such status. . (e) Length of stay Section 218 of such Act ( 8 U.S.C. 1188 ) is amended by adding at the end the following: (j) Length of stay A STRAW worker who enters the United States may remain in the United States for a period of not more than 11 months. The STRAW worker may not enter the United States on an additional visa under section 101(a)(15)(H)(ii)(c) unless the STRAW worker first returns to that worker’s country of origin for a period of not less than 1 month. A STRAW worker may enter and remain in the United States for a total of not more than 3 years. . (f) Housing Section 218(c)(4) of such Act (8 U.S.C. 1188(c)(4)) is amended to read as follows: (4) Housing Except for STRAW workers who are reasonably able to return to their permanent residence (either within or outside the United States) within the same day, the employer will provide housing to STRAW workers through one of the following means: (A) Employer-owned housing in accordance with regulations promulgated by the Secretary of Agriculture. (B) Rental or public accommodations or other substantially similar class of habitation in accordance with regulations promulgated by the Secretary of Agriculture. (C) Except where the Governor of the State has certified that there is inadequate housing available in the area of intended employment for migrant farm workers and STRAW workers seeking temporary housing while employed in agricultural work, the employer may furnish the worker with a housing voucher in accordance with regulations, if— (i) the employer has verified that housing is available for the period during which the work is to be performed, within a reasonable commuting distance of the place of employment, for the amount of the voucher provided, and that the voucher is useable for that housing; (ii) upon the request of a worker seeking assistance in locating housing for which the voucher will be accepted, the employer makes a good faith effort to assist the worker in identifying, locating and securing housing in the area of intended employment; and (iii) payment for the housing is made with a housing voucher that is only redeemable by the housing owner or their agent. An employer who provides housing through one of the foregoing means shall not be deemed a housing provider under section 203 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1823 ) by virtue of providing such housing. . (g) Biometric identification card The Secretary of Homeland Security shall provide each nonimmigrant agricultural worker with an identification card that contains— (1) an encrypted, machine-readable, electronic identification strip that is unique to the alien to whom the card is issued; (2) biometric identifiers, including fingerprints and a digital photograph; and (3) physical security features designed to prevent tampering, counterfeiting, or duplication of the card for fraudulent purposes. (h) Trust fund (1) Establishment The Secretary of Agriculture shall establish by regulation a trust fund the purpose of which is to provide, without further appropriation, funds for the administration and the enforcement of the program under this section, for the cost of the cards issued under subsection (k), for a monetary incentive for nonimmigrant agricultural workers to return to their country of origin upon expiration of their visas under the program, and for payment with respect to emergency medical services furnished to nonimmigrant agricultural workers. The Secretary of Agriculture in consultation with the Secretary of the Treasury shall promulgate such other regulations as may be necessary to carry out this subsection. (2) Payment of FICA and FUTA amounts into trust fund In the case of employment of a nonimmigrant agricultural worker— (A) the employer shall provide for payment into the trust fund established under paragraph (1) of the sum of— (i) an amount equivalent to the amount of excise taxes which the employer would pay under the chapter 21 of the Internal Revenue Code of 1986 with respect to such employment if it were considered employment for the purpose of such Act; and (ii) an amount equivalent to (and in lieu of) the amount of excise taxes which the employer would otherwise pay under chapter 23 of such Code with respect to such employment; and (B) there shall be deducted from the wages of the worker and paid into such trust fund an amount equivalent to the amount of excise taxes that the employee would pay under such chapter 21 with respect to such employment if it were considered employment for the purposes of such Act. (3) Expenditures from trust fund (A) Use of employer contributions for administration Amounts described in paragraph (2)(A) paid into the trust fund shall be used for the purpose of administering and enforcing the program under this section and for the cost of the cards issued under subsection (k). (B) Use of employee contributions for repayment of employee contributions upon return to country of origin Except as provided in subparagraph (C), amounts described in paragraph (2)(B) paid into the trust fund with respect to a nonimmigrant agricultural worker shall, upon application by the worker at the United States consulate nearest the worker’s residence in the country of origin, be paid to the worker if the worker demonstrates the compliance of the worker with the terms and conditions of the program. (C) Use of employee contributions attributable to HI taxes for emergency medical services for nonimmigrant agricultural workers (i) In general Amounts described in paragraph (2)(B) paid into the trust fund which relate to excise tax in section 3101(b) of the Internal Revenue Code of 1986 shall be used to provide payment with respect to emergency medical services (as defined in clause (iii)) for nonimmigrant agricultural workers. (ii) Administration The Secretary of Agriculture shall establish rules, in consultation with the Secretary of Health and Human Services, with respect to the payments under this subparagraph, including methods for determining qualifications for payment and the amount of payment to be made with respect to emergency medical services. (iii) Emergency medical services defined In this subparagraph, the term emergency medical services means those items and services required to be provided under section 1867 of the Social Security Act ( 42 U.S.C. 1395dd ) with respect to an individual who is a nonimmigrant agricultural worker and does not include items and services for which coverage under workers’ compensation is required under subsection (f)(3) with respect to the worker. (i) Semiannual reports to Congress The Secretary of Agriculture shall report to Congress semiannually regarding the program under this section. Each such report shall include a statement of the number of nonimmigrant visas issued under the program, an evaluation of the effectiveness of the program, a description of any problems related to the enforcement of the program, and any recommendations for legislation relating to the program. (j) Program name and Administrator changed Section 218 of the Immigration and Nationality Act ( 8 U.S.C. 1188 ), as amended by this Act, is further amended— (1) by striking H–2A worker each place it appears and inserting STRAW worker ; and (2) by striking Secretary of Labor each place it appears and inserting Secretary of Agriculture . | https://www.govinfo.gov/content/pkg/BILLS-113hr707ih/xml/BILLS-113hr707ih.xml |
113-hr-708 | I 113th CONGRESS 1st Session H. R. 708 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Doyle (for himself, Mr. Yoder , and Ms. Lofgren ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide for Federal agencies to develop public access policies relating to research conducted by employees of that agency or from funds administered by that agency.
1. Short title This Act may be cited as the Fair Access to Science and Technology Research Act of 2013 . 2. Findings Congress finds that— (1) the Federal Government funds basic and applied research with the expectation that new ideas and discoveries that result from the research, if shared and effectively disseminated, will advance science and improve the lives and welfare of people of the United States and around the world; (2) the Internet makes it possible for this information to be promptly available to every scientist, physician, educator, and citizen at home, in school, or in a library; and (3) the United States has a substantial interest in maximizing the impact and utility of the research it funds by enabling a wide range of reuses of the peer-reviewed literature that reports the results of such research, including by enabling computational analysis by state-of-the-art technologies. 3. Definition of Federal Agency In this Act, the term Federal agency means an Executive agency as defined under section 105 of title 5, United States Code. 4. Federal research public access policy (a) Requirement To develop policy (1) In general Not later than 1 year after the date of enactment of this Act, each Federal agency with extramural research expenditures of over $100,000,000 shall develop a Federal research public access policy that is consistent with and advances the purposes of the Federal agency. (2) Common procedures To the extent practicable, Federal agencies required to develop a policy under paragraph (1) shall follow common procedures for the collection and depositing of research papers. (b) Content Each Federal research public access policy shall provide for— (1) submission to the Federal agency of an electronic version of the author’s final manuscript of original research papers that have been accepted for publication in peer-reviewed journals and that result from research supported, in whole or in part, from funding by the Federal Government; (2) the incorporation of all changes resulting from the peer review publication process in the manuscript described under paragraph (1); (3) the replacement of the final manuscript with the final published version if— (A) the publisher consents to the replacement; and (B) the goals of the Federal agency for functionality and interoperability are retained; (4) free online public access to such final peer-reviewed manuscripts or published versions as soon as practicable, but not later than 6 months after publication in peer-reviewed journals; (5) providing research papers as described in paragraph (4) in formats and under terms that enable productive reuse, including computational analysis by state-of-the-art technologies; (6) production of an online bibliography of all research papers that are publicly accessible under the policy, with each entry linking to the corresponding free online full text; and (7) long-term preservation of, and free public access to, published research findings— (A) in a stable digital repository maintained by the Federal agency; or (B) if consistent with the purposes of the Federal agency, in any repository meeting conditions determined favorable by the Federal agency, including free public access, interoperability, and long-term preservation. (c) Application of policy Each Federal research public access policy shall— (1) apply to— (A) researchers employed by the Federal agency whose works remain in the public domain; and (B) researchers funded by the Federal agency; (2) provide that works described under paragraph (1)(A) shall be— (A) marked as being public domain material when published; and (B) made available at the same time such works are made available under subsection (b)(4); and (3) make effective use of any law or guidance relating to the creation and reservation of a Government license that provides for the reproduction, publication, release, or other uses of a final manuscript for Federal purposes. (d) Exclusions Each Federal research public access policy shall not apply to— (1) research progress reports presented at professional meetings or conferences; (2) laboratory notes, preliminary data analyses, notes of the author, phone logs, or other information used to produce final manuscripts; (3) classified research, research resulting in works that generate revenue or royalties for authors (such as books) or patentable discoveries, to the extent necessary to protect a copyright or patent; or (4) authors who do not submit their work to a journal or works that are rejected by journals. (e) Patent or copyright law Nothing in this Act shall be construed to affect any right under the provisions of title 17 or 35, United States Code. (f) Report (1) In general Not later than October 1 of each year, the head of each Federal agency shall submit a report on the Federal research public access policy of that agency to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Government Reform of the House of Representatives; (C) the Committee on Science and Technology of the House of Representatives; (D) the Committee on Commerce, Science, and Transportation of the Senate; (E) the Committee on Health, Education, Labor, and Pensions of the Senate; and (F) any other committee of Congress of appropriate jurisdiction. (2) Content Each report under this subsection shall include— (A) a statement of the effectiveness of the Federal research public access policy in providing the public with free online access to papers on research funded by the Federal agency; (B) the results of a study by the agency of the terms of use applicable to the research papers described in subsection (b)(4), including— (i) a statement of whether the terms of use applicable to such research papers are effective in enabling productive reuse and computational analysis by state-of-the-art technologies; and (ii) an examination of whether such research papers should include a royalty-free copyright license that is available to the public and that permits the reuse of those research papers, on the condition that attribution is given to the author or authors of the research and any others designated by the copyright owner; (C) a list of papers published in peer-reviewed journals that report on research funded by the Federal agency; (D) a corresponding list of papers made available by the Federal agency as a result of the Federal research public access policy; and (E) a summary of the periods of time between public availability of each paper in a journal and in the online repository of the Federal agency. (3) Public Availability The Federal agency shall make the statement under paragraph (2)(A) and the lists of papers under subparagraphs (B) and (C) of paragraph (2) available to the public by posting such statement and lists on the website of the Federal agency. | https://www.govinfo.gov/content/pkg/BILLS-113hr708ih/xml/BILLS-113hr708ih.xml |
113-hr-709 | I 113th CONGRESS 1st Session H. R. 709 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Ellison (for himself, Mr. Paulsen , Mr. Walz , and Mr. Nolan ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of the Army to take actions to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota, and for other purposes.
1. Short title This Act may be cited as the Upper Mississippi Conservation and River Protection Act of 2013 or the Upper Mississippi CARP Act . 2. Definitions In this Act, the following definitions apply: (1) Alternative technology barrier The term alternative technology barrier includes an electric barrier, acoustic barrier, bubble barrier, and such other barriers as the Secretary determines appropriate. (2) Asian carp The term Asian carp means— (A) grass carp (Ctenopharyngodon idella); (B) silver carp (Hypophthalmichthys molitrix); (C) bighead carp (Hypophthalmichthys nobilis); and (D) black carp (Mylopharyngodon piceus). (3) Lock and Dam 1 The term Lock and Dam 1 means the lock and dam located on Mississippi River mile 847.8 in Minneapolis, Minnesota. (4) Lock and Dam 2 The term Lock and Dam 2 means the lock and dam located on Mississippi River mile 815.2 upstream of Hastings, Minnesota. (5) Lock and Dam 4 The term Lock and Dam 4 means the lock and dam located on Mississippi River mile 752.8 in Alma, Wisconsin. (6) Secretary The term Secretary means the Secretary of the Army, acting through the Chief of Engineers. (7) Upper St. Anthony Falls Lock and Dam The term Upper St. Anthony Falls Lock and Dam means the lock and dam located on Mississippi River mile 853.9 in Minneapolis, Minnesota. 3. Feasibility study on temporary closure of Upper St. Anthony Falls Lock (a) Study The Secretary shall conduct a study on the feasibility of temporary closure of the lock at the Upper St. Anthony Falls Lock and Dam to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Potential impacts In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of— (1) temporary closure of the lock; and (2) continuing to operate the lock. (c) Consultation The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (d) Public comment In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comment. (e) Report Not later than 6 months after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. 4. Feasibility study on use of other Asian carp control measures (a) Study The Secretary shall conduct a study on the feasibility of implementing control measures at the Upper St. Anthony Falls Lock and Dam and at Lock and Dam 1 to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Types of control measures The study shall include an examination of each of the following: (1) Permanent closure of the lock. (2) Modified lock operations. (3) Use of an alternative technology barrier. (4) Such other control measures as the Secretary determines appropriate. (c) Potential impacts In conducting the study, the Secretary shall assess the potential impacts, including environmental and economic impacts of— (1) implementing each of the control measures to be examined under subsection (b); and (2) not implementing any control measures. (d) Consultation The Secretary shall carry out the study in consultation with the Secretary of the Interior and appropriate Federal, State, and local entities. (e) Public comment In conducting the study, the Secretary shall provide an opportunity for, and take into consideration, public comment. (f) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the results of the study. 5. Closure of locks to prevent spread of Asian carp (a) Discretionary closure The Secretary may close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines in writing, based on the assessment of potential impacts under section 3(b), that closure of the lock is justified as a method to manage the threat of Asian carp traveling up the Mississippi River in the State of Minnesota. (b) Mandatory closure The Secretary shall close the lock at the Upper St. Anthony Falls Lock and Dam if the Secretary determines that— (1) one or more live adult Asian carp has been captured above Lock and Dam 2; or (2) one or more juvenile Asian carp has been captured above Lock and Dam 4. (c) Determinations by Secretary of the Interior (1) Petitions If the Secretary of the Interior determines that an Asian carp has been captured that meets the criteria described in subsection (b)(1) or (b)(2), the Secretary of the Interior may transmit to the Secretary a petition for closure of the lock at the Upper St. Anthony Falls Lock and Dam. (2) Consideration After receiving a petition under paragraph (1), the Secretary shall— (A) consider the recommendation contained in the petition and prepare a written response to the recommendation; and (B) transmit the petition and written response to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate and make the petition and written response available to the public by electronic means, including the Internet. (d) Period of closure If the Secretary closes the lock under this section, the Secretary may reopen the lock after the Secretary determines in writing that adequate measures are in place to manage the threat of Asian carp moving upstream of the Upper St. Anthony Falls Lock and Dam. (e) Emergency operations Nothing in this section shall prevent the Secretary from carrying out emergency lock operations necessary to mitigate flood damage. 6. Asian Carp Control Strategy Framework The Council on Environmental Quality shall incorporate the Upper Mississippi River and tributaries, the Minnesota River, and the St. Croix River into the Asian Carp Control Strategy Framework of the Council. 7. Sense of Congress It is the sense of Congress that, to the maximum extent practicable, Federal agencies researching Asian carp control technologies should partner with State and local shareholders, giving priority to those collaborative partnerships in which the State and local shareholders contribute to the cost of the research. | https://www.govinfo.gov/content/pkg/BILLS-113hr709ih/xml/BILLS-113hr709ih.xml |
113-hr-710 | I 113th CONGRESS 1st Session H. R. 710 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Farr (for himself, Mr. Rohrabacher , Mr. Blumenauer , Mr. Cohen , Mr. Grijalva , Ms. Lee of California , Mr. Moran , Ms. Pingree of Maine , Mr. Polis , and Mr. Waxman ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide an affirmative defense for the medical use of marijuana in accordance with the laws of the various States, and for other purposes.
1. Short title This Act may be cited as the Truth in Trials Act . 2. Providing an affirmative defense for the medical use of marijuana; seizure of property (a) In general Chapter 221 of title 18, United States Code, is amended by striking section 3436 and all that follows through the end of the chapter and inserting the following: 3436. Affirmative defense for conduct regarding the medical use of marijuana; seizure of property (a) Any person facing prosecution or a proceeding for any marijuana-related offense under any Federal law shall have the right to introduce evidence demonstrating that the marijuana-related activities for which the person stands accused were performed in compliance with State law regarding the medical use of marijuana, or that the property which is subject to a proceeding was possessed in compliance with State law regarding the medical use of marijuana. (b) (1) It is an affirmative defense to a prosecution or proceeding under any Federal law for marijuana-related activities, which the proponent must establish by a preponderance of the evidence, that those activities comply with State law regarding the medical use of marijuana. (2) In a prosecution or a proceeding for a marijuana-related offense under any Federal criminal law, should a finder of fact determine, based on State law regarding the medical use of marijuana, that a defendant’s marijuana-related activity was performed primarily, but not exclusively, for medical purposes, the defendant may be found guilty of an offense only corresponding to the amount of marijuana determined to be for nonmedical purposes. (c) Any property seized in connection with a prosecution or proceeding to which this section applies, with respect to which a person successfully makes a defense under this section, shall be returned to the owner not later than 10 days after the court finds the defense is valid, minus such material necessarily destroyed for testing purposes. (d) Any marijuana seized under any Federal law shall be retained and not destroyed pending resolution of any forfeiture claim, if not later than 30 days after seizure the owner of the property notifies the Attorney General, or a duly authorized agent of the Attorney General, that a person with an ownership interest in the property is asserting an affirmative defense for the medical use of marijuana. (e) No plant may be seized under any Federal law otherwise permitting such seizure if the plant is being grown or stored pursuant to a recommendation by a physician or an order of a State or municipal agency in accordance with State law regarding the medical use of marijuana. (f) In this section, the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. . (b) Clerical amendment The table of sections at the beginning of chapter 221 of title 18, United States Code, is amended by striking the item relating to section 3436 and all that follows through the end of the table and inserting the following new item: 3436. Affirmative defense for conduct regarding the medical use of marijuana; seizure of property. . | https://www.govinfo.gov/content/pkg/BILLS-113hr710ih/xml/BILLS-113hr710ih.xml |
113-hr-711 | I 113th CONGRESS 1st Session H. R. 711 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Ms. Foxx (for herself, Mr. Westmoreland , Mr. Chaffetz , and Mr. Pitts ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , 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 titles 23 and 49, United States Code, to repeal wage requirements applicable to laborers and mechanics employed on Federal-aid highway and public transportation construction projects.
1. Short title This Act may be cited as the Highway Trust Fund Reform Act of 2013 . 2. Prevailing rate of wage requirements (a) Repeals The following provisions are repealed: (1) Section 113 of title 23, United States Code (and the item relating to such section in the analysis for chapter 1 of such title). (2) Section 5333(a) of title 49, United States Code. (b) Applicability (1) Effective date Subject to paragraph (2), the amendments made by this section shall take effect on the 31st day following the date of enactment of this Act. (2) Existing contracts The amendments made by this section shall not affect any contract in existence on the date of enactment of this Act or made pursuant to an invitation for bids outstanding on such date of enactment. | https://www.govinfo.gov/content/pkg/BILLS-113hr711ih/xml/BILLS-113hr711ih.xml |
113-hr-712 | I 113th CONGRESS 1st Session H. R. 712 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Frelinghuysen (for himself, Mr. Fitzpatrick , Mr. Gerlach , Mr. Sean Patrick Maloney of New York , Mr. Engel , Mr. Garrett , Mr. Lance , and Mr. Dent ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To extend the authorization of the Highlands Conservation Act through fiscal year 2024.
1. Extension of Highlands Conservation Act (a) Extension of land conservation projects in the Highlands region Section 4(e) of the Highlands Conservation Act ( Public Law 108–421 ; 118 Stat. 2377) is amended by striking 2014 and inserting 2024 . (b) Extension of Forest Service and USDA programs in the Highlands region Section 5(c) of the Highlands Conservation Act ( Public Law 108–421 ; 118 Stat. 2378) is amended by striking 2014 and inserting 2024 . | https://www.govinfo.gov/content/pkg/BILLS-113hr712ih/xml/BILLS-113hr712ih.xml |
113-hr-713 | I 113th CONGRESS 1st Session H. R. 713 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Gerlach (for himself and Mr. Becerra ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to repeal the Medicare outpatient rehabilitation therapy caps.
1. Short title This Act may be cited as the Medicare Access to Rehabilitation Services Act of 2013 . 2. Outpatient therapy cap repeal Section 1833 of the Social Security Act ( 42 U.S.C. 1395l ) is amended by striking subsection (g). | https://www.govinfo.gov/content/pkg/BILLS-113hr713ih/xml/BILLS-113hr713ih.xml |
113-hr-714 | I 113th CONGRESS 1st Session H. R. 714 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Grimm (for himself, Ms. Loretta Sanchez of California , Mr. Nunes , Mr. Connolly , Mr. Yoder , Mr. Polis , and Mr. Chabot ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Ways and Means , Science, Space, and Technology , Appropriations , 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 jump-start economic recovery through the formation and growth of new businesses, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Startup Act 3.0 . (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. Conditional permanent resident status for immigrants with an advanced degree in a STEM field. Sec. 4. Immigrant entrepreneurs. Sec. 5. Elimination of the per-country numerical limitation for employment-based visas. Sec. 6. Capital gains tax exemption for startup companies. Sec. 7. Research credit for startup companies. Sec. 8. Accelerated commercialization of taxpayer-funded research. Sec. 9. Economic impact of significant Federal agency rules. Sec. 10. Biennial State startup business report. Sec. 11. New business formation report. Sec. 12. Rescission of unspent Federal funds. 2. Findings Congress makes the following findings: (1) Achieving economic recovery will require the formation and growth of new companies. (2) Between 1980 and 2005, companies less than 5 years old accounted for nearly all net job creation in the United States. (3) New firms in the United States create an average of 3,000,000 jobs per year. (4) To get Americans back to work, entrepreneurs must be free to innovate, create new companies, and hire employees. 3. Conditional permanent resident status for immigrants with an advanced degree in a STEM field (a) In general Chapter 2 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1181 et seq. ) is amended by inserting after section 216A the following: 216B. Conditional permanent resident status for aliens with an advanced degree in a STEM field (a) In general Notwithstanding any other provision of this Act, the Secretary of Homeland Security may adjust the status of not more than 50,000 aliens who have earned a master’s degree or a doctorate degree at an institution of higher education in a STEM field to that of an alien conditionally admitted for permanent residence and authorize each alien granted such adjustment of status to remain in the United States— (1) for up to 1 year after the expiration of the alien’s student visa under section 101(a)(15)(F)(i) if the alien is diligently searching for an opportunity to become actively engaged in a STEM field; and (2) indefinitely if the alien remains actively engaged in a STEM field. (b) Application for conditional permanent resident status Every alien applying for a conditional permanent resident status under this section shall submit an application to the Secretary of Homeland Security before the expiration of the alien's student visa in such form and manner as the Secretary shall prescribe by regulation. (c) Ineligibility for Federal Government assistance An alien granted conditional permanent resident status under this section shall not be eligible, while in such status, for— (1) any unemployment compensation (as defined in section 85(b) of the Internal Revenue Code of 1986); or (2) any Federal means-tested public benefit (as that term is used in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)). (d) Effect on naturalization residency requirement An alien granted conditional permanent resident status under this section shall be deemed to have been lawfully admitted for permanent residence for purposes of meeting the 5-year residency requirement set forth in section 316(a)(1). (e) Removal of condition The Secretary of Homeland Security shall remove the conditional basis of an alien’s conditional permanent resident status under this section on the date that is 5 years after the date such status was granted if the alien maintained his or her eligibility for such status during the entire 5-year period. (f) Definitions In this section: (1) Actively engaged in a STEM field The term actively engaged in a STEM field — (A) means— (i) gainfully employed in a for-profit business or nonprofit organization in the United States in a STEM field; (ii) teaching 1 or more STEM field courses at an institution of higher education; or (iii) employed by a Federal, State, or local government entity; and (B) includes any period of up to 6 months during which the alien does not meet the requirement under subparagraph (A) if such period was immediately preceded by a 1-year period during which the alien met the requirement under subparagraph (A). (2) 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)). (3) STEM field The term STEM field means any field of study or occupation included on the most recent STEM-Designated Degree Program List published in the Federal Register by the Department of Homeland Security (as described in section 214.2(f)(11)(i)(C)(2) of title 8, Code of Federal Regulations). . (b) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 216A the following: Sec. 216B. Conditional permanent resident status for aliens with an advanced degree in a STEM field. . (c) Government Accountability Office study (1) In general Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the alien college graduates granted immigrant status under section 216B of the Immigration and Nationality Act, as added by subsection (a). (2) Contents The report described in paragraph (1) shall include— (A) the number of aliens described in paragraph (1) who have earned a master’s degree, broken down by the number of such degrees in science, technology, engineering, and mathematics; (B) the number of aliens described in paragraph (1) who have earned a doctorate degree, broken down by the number of such degrees in science, technology, engineering, and mathematics; (C) the number of aliens described in paragraph (1) who have founded a business in the United States in a STEM field; (D) the number of aliens described in paragraph (1) who are employed in the United States in a STEM field, broken down by employment sector (for profit, nonprofit, or government); and (E) the number of aliens described in paragraph (1) who are employed by an institution of higher education. (3) Definitions The terms institution of higher education and STEM field have the meaning given such terms in section 216B(f) of the Immigration and Nationality Act, as added by subsection (a). 4. Immigrant entrepreneurs (a) Qualified alien entrepreneurs (1) Admission as immigrants Chapter 1 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by adding at the end the following: 210A. Qualified alien entrepreneurs (a) Admission as immigrants The Secretary of Homeland Security, in accordance with the provisions of this section and section 216A, may issue a conditional immigrant visa to not more than 75,000 qualified alien entrepreneurs. (b) Application for conditional permanent resident status Every alien applying for a conditional immigrant visa under this section shall submit an application to the Secretary of Homeland Security in such form and manner as the Secretary shall prescribe by regulation. (c) Revocation If, during the 4-year period beginning on the date that an alien is granted a visa under this section, the Secretary of Homeland Security determines that such alien is no longer a qualified alien entrepreneur, the Secretary shall— (1) revoke such visa; and (2) notify the alien that the alien— (A) may voluntarily depart from the United States in accordance to section 240B; or (B) will be subject to removal proceedings under section 240 if the alien does not depart from the United States not later than 6 months after receiving such notification. (d) Removal of conditional basis The Secretary of Homeland Security shall remove the conditional basis of the status of an alien issued an immigrant visa under this section on that date that is 4 years after the date on which such visa was issued if such visa was not revoked pursuant to subsection (c). (e) Definitions In this section: (1) Full-time employee The term full-time employee means a United States citizen or legal permanent resident who is paid by the new business entity registered by a qualified alien entrepreneur at a rate that is comparable to the median income of employees in the region. (2) Qualified alien entrepreneur The term qualified alien entrepreneur means an alien who— (A) at the time the alien applies for an immigrant visa under this section— (i) is lawfully present in the United States; and (ii) (I) holds a nonimmigrant visa pursuant to section 101(a)(15)(H)(i)(b); or (II) holds a nonimmigrant visa pursuant to section 101(a)(15)(F)(i); (B) during the 1-year period beginning on the date the alien is granted a visa under this section— (i) registers at least 1 new business entity in a State; (ii) employs, at such business entity in the United States, at least 2 full-time employees who are not relatives of the alien; and (iii) invests, or raises capital investment of, not less than $100,000 in such business entity; and (C) during the 3-year period beginning on the last day of the 1-year period described in paragraph (2), employs, at such business entity in the United States, an average of at least 5 full-time employees who are not relatives of the alien. . (2) Table of contents amendment The table of contents in the first section of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by adding after the item relating to section 210 the following: Sec. 210A. Qualified alien entrepreneurs. . (b) Conditional permanent resident status Section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b ) is amended— (1) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; (2) in subsection (b)(1)(C), by striking 203(b)(5), and inserting 203(b)(5) or 210A, as appropriate, ; (3) in subsection (c)(1), by striking alien entrepreneur must each place such term appears and inserting alien entrepreneur shall ; (4) in subsection (d)(1)(B), by striking the period at the end and inserting or 210A, as appropriate. ; and (5) in subsection (f)(1), by striking the period at the end and inserting or 210A. . (c) Government Accountability Office study (1) In general Not later than 3 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the qualified alien entrepreneurs granted immigrant status under section 210A of the Immigration and Nationality Act, as added by subsection (a). (2) Contents The report described in paragraph (1) shall include information regarding— (A) the number of qualified alien entrepreneurs who have received immigrant status under section 210A of the Immigration and Nationality Act, as added by subsection (a), listed by country of origin; (B) the localities in which such qualified alien entrepreneurs have initially settled; (C) whether such qualified alien entrepreneurs generally remain in the localities in which they initially settle; (D) the types of commercial enterprises that such qualified alien entrepreneurs have established; and (E) the types and number of jobs created by such qualified alien entrepreneurs. 5. Elimination of the per-country numerical limitation for employment-based visas (a) In general Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ) is amended— (1) in the paragraph heading, by striking and employment-based ; (2) by striking (3), (4), and (5), and inserting (3) and (4), ; (3) by striking subsections (a) and (b) of section 203 and inserting section 203(a) ; (4) by striking 7 and inserting 15 ; and (5) by striking such subsections and inserting such section . (b) Conforming amendments Section 202 of the Immigration and Nationality Act (8 U.S.C. 1152) is amended— (1) in subsection (a)(3), by striking both subsections (a) and (b) of section 203 and inserting section 203(a) ; (2) by striking subsection (a)(5); and (3) by amending subsection (e) to read as follows: (e) Special rules for countries at ceiling If it is determined that the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under section 203(a), visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a). . (c) Country-Specific offset Section 2 of the Chinese Student Protection Act of 1992 ( 8 U.S.C. 1255 note) is amended— (1) in subsection (a), by striking subsection (e)) and inserting subsection (d)) ; and (2) by striking subsection (d) and redesignating subsection (e) as subsection (d). (d) Effective date The amendments made by this section shall take effect as if enacted on September 30, 2012, and shall apply to fiscal years beginning with fiscal year 2013. (e) Transition rules for employment-Based immigrants (1) In general Subject to the succeeding paragraphs of this subsection and notwithstanding title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ), the following rules shall apply: (A) For fiscal year 2013, 15 percent of the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of such Act ( 8 U.S.C. 1153(b) ) shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2011 under such paragraphs. (B) For fiscal year 2014, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2012 under such paragraphs. (C) For fiscal year 2015, 10 percent of the immigrant visas made available under each of such paragraphs shall be allotted to immigrants who are natives of a foreign state or dependent area that was not one of the two states with the largest aggregate numbers of natives obtaining immigrant visas during fiscal year 2013 under such paragraphs. (2) Per-country levels (A) Reserved visas With respect to the visas reserved under each of subparagraphs (A) through (C) of paragraph (1), the number of such visas made available to natives of any single foreign state or dependent area in the appropriate fiscal year may not exceed 25 percent (in the case of a single foreign state) or 2 percent (in the case of a dependent area) of the total number of such visas. (B) Unreserved visas With respect to the immigrant visas made available under each of paragraphs (2) and (3) of section 203(b) of such Act ( 8 U.S.C. 1153(b) ) and not reserved under paragraph (1), for each of fiscal years 2013, 2014, and 2015, not more than 85 percent shall be allotted to immigrants who are natives of any single foreign state. (3) Special rule to prevent unused visas If, with respect to fiscal year 2013, 2014, or 2015, the operation of paragraphs (1) and (2) of this subsection would prevent the total number of immigrant visas made available under paragraph (2) or (3) of section 203(b) of such Act (8 U.S.C. 1153(b)) from being issued, such visas may be issued during the remainder of such fiscal year without regard to paragraphs (1) and (2) of this subsection. (4) Rules for chargeability Section 202(b) of the Immigration and Nationality Act ( 8 U.S.C. 1152(b) ) shall apply in determining the foreign state to which an alien is chargeable for purposes of this subsection. 6. Capital gains tax exemption for startup companies (a) Permanent full exclusion (1) In general Subsection (a) of section 1202 of the Internal Revenue Code of 1986 is amended to read as follows: (a) Exclusion In the case of a taxpayer other than a corporation, gross income shall not include 100 percent of any gain from the sale or exchange of qualified small business stock held for more than 5 years. . (2) Conforming amendments (A) The heading for section 1202 of such Code is amended by striking partial . (B) The item relating to section 1202 in the table of sections for part I of subchapter P of chapter 1 of such Code is amended by striking Partial exclusion and inserting Exclusion . (C) Section 1223(13) of such Code is amended by striking 1202(a)(2), . (b) Repeal of minimum tax preference (1) In general Subsection (a) of section 57 of the Internal Revenue Code of 1986 is amended by striking paragraph (7). (2) Technical amendment Subclause (II) of section 53(d)(1)(B)(ii) of such Code is amended by striking , (5), and (7) and inserting and (5) . (c) Repeal of 28 percent capital gains rate on qualified small business stock (1) In general Subparagraph (A) of section 1(h)(4) of the Internal Revenue Code of 1986 is amended to read as follows: (A) collectibles gain, over . (2) Conforming amendments (A) Section 1(h) of such Code is amended by striking paragraph (7). (B) (i) Section 1(h) of such Code is amended by redesignating paragraphs (8), (9), (10), (11), (12), and (13) as paragraphs (7), (8), (9), (10), (11), and (12), respectively. (ii) Sections 163(d)(4)(B), 854(b)(5), 857(c)(2)(D) of such Code are each amended by striking section 1(h)(11)(B) and inserting section 1(h)(10)(B) . (iii) The following sections of such Code are each amended by striking section 1(h)(11) and inserting section 1(h)(10) : (I) Section 301(f)(4). (II) Section 306(a)(1)(D). (III) Section 584(c). (IV) Section 702(a)(5). (V) Section 854(a). (VI) Section 854(b)(2). (iv) The heading of section 857(c)(2) is amended by striking 1(h)(11) and inserting 1(h)(10) . (d) Effective date The amendments made by this section apply to stock acquired after December 31, 2013. 7. Research credit for startup companies (a) In general (1) In general Section 41 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (i) Treatment of credit to qualified small businesses (1) In general At the election of a qualified small business, the payroll tax credit portion of the credit determined under subsection (a) shall be treated as a credit allowed under section 3111(f) (and not under this section). (2) Payroll tax credit portion For purposes of this subsection, the payroll tax credit portion of the credit determined under subsection (a) for any taxable year is so much of such credit as does not exceed $250,000. (3) Qualified small business For purposes of this subsection— (A) In general The term qualified small business means, with respect to any taxable year— (i) a corporation, partnership, or S corporation if— (I) the gross receipts (as determined under subsection (c)(7)) of such entity for the taxable year is less than $5,000,000, and (II) such entity did not have gross receipts (as so determined) for any period preceding the 5-taxable-year period ending with such taxable year, and (ii) any person not described in subparagraph (A) if clauses (i) and (ii) of subparagraph (A) applied to such person, determined— (I) by substituting person for entity each place it appears, and (II) in the case of an individual, by only taking into account the aggregate gross receipts received by such individual in carrying on trades or businesses of such individual. (B) Limitation Such term shall not include an organization which is exempt from taxation under section 501. (4) Election (A) In general In the case of a partnership or S corporation, an election under this subsection shall be made at the entity level. (B) Revocation An election under this subsection may not be revoked without the consent of the Secretary. (C) Limitation A taxpayer may not make an election under this subsection if such taxpayer has made an election under this subsection for 5 or more preceding taxable years. (5) Aggregation rules For purposes of determining the $250,000 limitation under paragraph (2) and determining gross receipts under paragraph (3), all members of the same controlled group of corporations (within the meaning of section 267(f)) and all persons under common control (within the meaning of section 52(b) but determined by treating an interest of more than 50 percent as a controlling interest) shall be treated as 1 person. (6) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this subsection, including— (A) regulations to prevent the avoidance of the purposes of paragraph (3) through the use of successor companies or other means, (B) regulations to minimize compliance and recordkeeping burdens under this subsection for start-up companies, and (C) regulations for recapturing the benefit of credits determined under section 3111(f) in cases where there is a subsequent adjustment to the payroll tax credit portion of the credit determined under subsection (a), including requiring amended returns in the cases where there is such an adjustment. . (2) Conforming amendment Section 280C(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (5) Treatment of qualified small business credit For purposes of determining the amount of any credit under section 41(a) under this subsection, any election under section 41(i) shall be disregarded. . (b) Credit allowed against FICA taxes (1) In general Section 3111 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (f) Credit for research expenditures of qualified small businesses (1) In general In the case of a qualified small business which has made an election under section 41(i), there shall be allowed as a credit against the tax imposed by subsection (a) on wages paid with respect to the employment of all employees of the qualified small business for days in an applicable calendar quarter an amount equal to the payroll tax credit portion of the research credit determined under section 41(a). (2) Carryover of unused credit In any case in which the payroll tax credit portion of the research credit determined under section 41(a) exceeds the tax imposed under subsection (a) for an applicable calendar quarter— (A) the succeeding calendar quarter shall be treated as an applicable calendar quarter, and (B) the amount of credit allowed under paragraph (1) shall be reduced by the amount of credit allowed under such paragraph for all preceding applicable calendar quarters. (3) Allocation of credit for controlled groups, etc In determining the amount of the credit under this subsection— (A) all persons treated as a single taxpayer under section 41 shall be treated as a single taxpayer under this section, and (B) the credit (if any) allowable by this section to each such member shall be its proportionate share of the qualified research expenses, basic research payments, and amounts paid or incurred to energy research consortiums, giving rise to the credit allowable under section 41. (4) Definitions For purposes of this subsection— (A) Applicable calendar quarter The term applicable calendar quarter means— (i) the first calendar quarter following the date on which the qualified small business files a return under section 6012 for the taxable year for which the payroll tax credit portion of the research credit under section 41(a) is determined, and (ii) any succeeding calendar quarter treated as an applicable calendar quarter under paragraph (2)(A). For purposes of determining the date on which a return is filed, rules similar to the rules of section 6513 shall apply. (B) Other terms Any term used in this subsection which is also used in section 41 shall have the meaning given such term under section 41. . (2) Transfers to federal old-age and survivors insurance trust fund There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) amounts equal to the reduction in revenues to the Treasury by reason of the amendments made by paragraph (1). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. 8. Accelerated commercialization of taxpayer-funded research (a) Definitions In this section: (1) Council The term Council means the Advisory Council on Innovation and Entrepreneurship of the Department of Commerce established pursuant to section 25(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3720(c)). (2) Extramural budget The term extramural budget means the sum of the total obligations minus amounts obligated for such activities by employees of the agency in or through Government-owned, Government-operated facilities, except that for the Department of Energy it shall not include amounts obligated for atomic energy defense programs solely for weapons activities or for naval reactor programs, and except that for the Agency for International Development it shall not include amounts obligated solely for general institutional support of international research centers or for grants to foreign countries. (3) 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) ). (4) Research or research and development The term research or research and development means any activity that is— (A) a systematic, intensive study directed toward greater knowledge or understanding of the subject studied; (B) a systematic study directed specifically toward applying new knowledge to meet a recognized need; or (C) a systematic application of knowledge toward the production of useful materials, devices, and systems or methods, including design, development, and improvement of prototypes and new processes to meet specific requirements. (5) Secretary The term Secretary means the Secretary of Commerce. (b) Grant program authorized (1) In general Each Federal agency that has an extramural budget for research or research and development that is in excess of $100,000,000 for each of fiscal years 2014 through 2018, shall transfer 0.15 percent of such extramural budget for each of such fiscal years to the Secretary to enable the Secretary to carry out a grant program in accordance with this subsection. (2) Grants (A) Awarding of grants (i) In general From funds transferred under paragraph (1), the Secretary shall use the criteria developed by the Council to award grants to institutions of higher education, including consortia of institutions of higher education, for initiatives to improve commercialization and transfer of technology. (ii) Request for proposals Not later than 30 days after the Council submits the recommendations for criteria to the Secretary under subsection (c)(4)(B), and annually thereafter for each fiscal year for which the grant program is authorized, the Secretary shall release a request for proposals. (iii) Applications Each institution of higher education that desires to receive a grant under this subsection shall submit an application to the Secretary not later than 90 days after the Secretary releases the request for proposals under clause (ii). (iv) Council review (I) In general The Secretary shall submit each application received under clause (iii) to the Council for Council review. (II) Recommendations The Council shall review each application received under subclause (I) and submit recommendations for grant awards to the Secretary, including funding recommendations for each proposal. (III) Public release The Council shall publicly release any recommendations made under subclause (II). (IV) Consideration of recommendations In awarding grants under this subsection, the Secretary shall take into consideration the recommendations of the Council under subclause (II). (B) Commercialization capacity building grants (i) In general The Secretary shall award grants to support institutions of higher education pursuing specific innovative initiatives to improve an institution’s capacity to commercialize faculty research that can be widely adopted if the research yields measurable results. (ii) Content of proposals Grants shall be awarded under this subparagraph to proposals demonstrating the capacity for accelerated commercialization, proof-of-concept proficiency, and translating scientific discoveries and cutting-edge inventions into technological innovations and new companies. In particular, grant funds shall seek to support innovative approaches to achieving these goals that can be replicated by other institutions of higher education if the innovative approaches are successful. (C) Commercialization accelerator grants The Secretary shall award grants to support institutions of higher education pursuing initiatives that allow faculty to directly commercialize research in an effort to accelerate research breakthroughs. The Secretary shall prioritize those initiatives that have a management structure that encourages collaboration between other institutions of higher education or other entities with demonstrated proficiency in creating and growing new companies based on verifiable metrics. (3) Assessment of success Grants awarded under this subsection shall use criteria for assessing the success of programs through the establishment of benchmarks. (4) Termination The Secretary shall have the authority to terminate grant funding to an institution of higher education in accordance with the process and performance metrics recommended by the Council. (5) Limitations (A) Project management costs A grant recipient may use not more than 10 percent of grant funds awarded under this subsection for the purpose of funding project management costs of the grant program. (B) Supplement, not supplant An institution of higher education that receives a grant under this subsection shall use the grant funds to supplement, and not supplant, non-Federal funds that would, in the absence of such grant funds, be made available for activities described in this section. (6) Unspent funds Any funds transferred to the Secretary under paragraph (1) for a fiscal year that are not expended by the end of such fiscal year may be expended in any subsequent fiscal year through fiscal year 2018. Any funds transferred under paragraph (1) that are remaining at the end of the grant program's authorization under this subsection shall be transferred to the Treasury for deficit reduction. (c) Council (1) In general Not later than 120 days after the date of the enactment of this Act, the Council shall convene and develop recommendations for criteria in awarding grants to institutions of higher education under subsection (b). (2) Submission to Commerce and publicly released The Council shall— (A) submit the recommendations described in subparagraph (A) to the Secretary; and (i) release the recommendations to the public. (B) Majority vote The recommendations submitted by the Council, as described in this paragraph, shall be determined by a majority vote of Council members. (C) Performance metrics The Council shall develop and provide to the Secretary recommendations on performance metrics to be used to evaluate grants awarded under subsection (b). (3) Evaluation (A) In general Not later than 180 days before the date that the grant program authorized under subsection (b) expires, the Council shall conduct an evaluation of the effect that the grant program is having on accelerating the commercialization of faculty research. (B) Inclusions The evaluation shall include— (i) the recommendation of the Council as to whether the grant program should be continued or terminated; (ii) quantitative data related to the effect, if any, that the grant program has had on faculty research commercialization; and (iii) a description of lessons learned in administering the grant program, and how those lessons could be applied to future efforts to accelerate commercialization of faculty research. (C) Availability Upon completion of the evaluation, the evaluation shall be made available on a public website and submitted to Congress. The Secretary shall notify all institutions of higher education when the evaluation is published and how it can be accessed. (d) Construction Nothing in this section may be construed to alter, modify, or amend any provision of chapter 18 of title 35, United States Code (commonly known as the Bayh-Dole Act ). 9. Economic impact of significant Federal agency rules Section 553 of title 5, United States Code, is amended by adding at the end the following: (f) Required review before issuance of significant rules (1) In general Before issuing a notice of proposed rulemaking in the Federal Register regarding the issuance of a proposed significant rule, the head of the Federal agency or independent regulatory agency seeking to issue the rule shall complete a review, to the extent permitted by law, that— (A) analyzes the problem that the proposed rule intends to address, including— (i) the specific market failure, such as externalities, market power, or lack of information, that justifies such rule; or (ii) any other specific problem, such as the failures of public institutions, that justifies such rule; (B) analyzes the expected impact of the proposed rule on the ability of new businesses to form and expand; (C) identifies the expected impact of the proposed rule on State, local, and tribal governments, including the availability of resources— (i) to carry out the mandates imposed by the rule on such government entities; and (ii) to minimize the burdens that uniquely or significantly affect such governmental entities, consistent with achieving regulatory objectives; (D) identifies any conflicting or duplicative regulations; (E) determines— (i) if existing laws or regulations created, or contributed to, the problem that the new rule is intended to correct; and (ii) if the laws or regulations referred to in clause (i) should be modified to more effectively achieve the intended goal of the rule; and (F) includes the cost-benefit analysis described in paragraph (2). (2) Cost-benefit analysis A cost-benefit analysis described in this paragraph shall include— (A) (i) an assessment, including the underlying analysis, of benefits anticipated from the proposed rule, such as— (I) promoting the efficient functioning of the economy and private markets; (II) enhancing health and safety; (III) protecting the natural environment; and (IV) eliminating or reducing discrimination or bias; and (ii) the quantification of the benefits described in clause (i), to the extent feasible; (B) (i) an assessment, including the underlying analysis, of costs anticipated from the proposed rule, such as— (I) the direct costs to the Federal Government to administer the rule; (II) the direct costs to businesses and others to comply with the rule; and (III) any adverse effects on the efficient functioning of the economy, private markets (including productivity, employment, and competitiveness), health, safety, and the natural environment; and (ii) the quantification of the costs described in clause (i), to the extent feasible; (C) (i) an assessment, including the underlying analysis, of costs and benefits of potentially effective and reasonably feasible alternatives to the proposed rule, which have been identified by the agency or by the public, including taking reasonably viable nonregulatory actions; and (ii) an explanation of why the proposed rule is preferable to the alternatives identified under clause (i). (3) Report Before issuing a notice of proposed rulemaking in the Federal Register regarding the issuance of a proposed significant rule, the head of the Federal agency or the independent regulatory agency seeking to issue the rule shall— (A) submit the results of the review conducted under paragraph (1) to the appropriate congressional committees; and (B) post the results of the review conducted under paragraph (1) on a publicly available website. (4) Judicial review Any determinations made, or other actions taken, by an agency or independent regulatory agency under this subsection shall not be subject to judicial review. (5) Defined term In this subsection the term significant rule means a rule that is likely to— (A) have an annual effect on the economy of $100,000,000 or more; (B) adversely affect, in a material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; or (C) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. . 10. Biennial State startup business report (a) Data collection The Secretary of Commerce shall regularly compile information from each of the 50 States and the District of Columbia on State laws that affect the formation and growth of new businesses within the State or District. (b) Report Not later than 18 months after the date of the enactment of this Act, and every 2 years thereafter, the Secretary, using data compiled under subsection (a), shall prepare a report that— (1) analyzes the economic effect of State and District laws that either encourage or inhibit business formation and growth; and (2) ranks the States and the District based on the effectiveness with which their laws foster new business creation and economic growth. (c) Distribution The Secretary shall— (1) submit each report prepared under subsection (b) to Congress; and (2) make each report available to the public on the Department of Commerce’s website. (d) Inclusion of large metropolitan areas Not later than 90 days after the submission of the first report under this section, the Secretary of Commerce shall submit to Congress a study on the feasibility and advisability of including, in future reports, information about the effect of local laws and ordinances on the formation and growth of new businesses in large metropolitan areas within the United States. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 11. New business formation report (a) In general The Secretary of Commerce shall regularly compile quantitative and qualitative information on businesses in the United States that are not more than 1 year old. (b) Data collection The Secretary shall— (1) regularly compile information from the Bureau of the Census’ business register on new business formation in the United States; and (2) conduct quarterly surveys of business owners who start a business during the 1-year period ending on the date on which such survey is conducted to gather qualitative information about the factors that influenced their decision to start the business. (c) Random sampling In conducting surveys under subsection (b)(2), the Secretary may use random sampling to identify a group of business owners who are representative of all the business owners described in subsection (b)(2). (d) Benefits The Secretary shall inform business owners selected to participate in a survey conducted under this section of the benefits they would receive from participating in the survey. (e) Voluntary participation Business owners selected to participate in a survey conducted under this section may decline to participate without penalty. (f) Report Not later than 18 months after the date of the enactment of this Act, and every 3 months thereafter, the Secretary shall use the data compiled under subsection (b) to prepare a report that— (1) lists the aggregate number of new businesses formed in the United States; (2) lists the aggregate number of persons employed by new businesses formed in the United States; (3) analyzes the payroll of new businesses formed in the United States; (4) summarizes the data collected under subsection (b); and (5) identifies the most effective means by which government officials can encourage the formation and growth of new businesses in the United States. (g) Distribution The Secretary shall— (1) submit each report prepared under subsection (f) to Congress; and (2) make each report available to the public on the Department of Commerce’s website. (h) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 12. Rescission of unspent Federal funds (a) In general Notwithstanding any other provision of law, of all available unobligated funds for fiscal year 2013, the amount necessary to carry out this Act and the amendments made by this Act in appropriated discretionary funds are hereby rescinded. (b) Implementation The Director of the Office of Management and Budget shall determine and identify from which appropriation accounts the rescission under subsection (a) shall apply and the amount of such rescission that shall apply to each such account. Not later than 60 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit a report to the Secretary of the Treasury and Congress of the accounts and amounts determined and identified for rescission under the preceding sentence. | https://www.govinfo.gov/content/pkg/BILLS-113hr714ih/xml/BILLS-113hr714ih.xml |
113-hr-715 | I 113th CONGRESS 1st Session H. R. 715 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Hastings of Florida (for himself, Mr. Clay , Ms. Hahn , Ms. Lee of California , Ms. Fudge , Ms. Clarke , Mr. McGovern , and Mr. Watt ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To posthumously award a Congressional Gold Medal to Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement.
1. Short title This Act may be cited as the Lena Horne Recognition Act . 2. Findings The Congress finds as follows: (1) Lena Mary Calhoun Horne was born on June 30, 1917, in Brooklyn, New York. At the age of 16, Lena Horne was hired as a dancer in the chorus of Harlem’s famous Cotton Club, where she was introduced to such legendary jazz performers as Duke Ellington, Cab Calloway, Count Basie, Ethel Waters, and Billie Holiday. (2) In 1940, she became one of the first African-American women to perform with an all-White band when she toured with Charlie Barnet’s jazz band as its featured singer. (3) She was discovered by a Metro-Goldwyn-Mayer (MGM) talent scout and became the first African-American artist to sign a long-term contract with a major studio. (4) Despite her extraordinary beauty and talent, Lena Horne was often limited to minor acting roles because of her race. (5) Scenes in which she did sing were cut out when they were sent to local distributors in the South and studio executives cast another actress as Julie in the film version of Show Boat instead of Lena Horne because they did not want the show to star an African-American actress. However, Lena Horne dazzled audiences and critics in a number of films, including Cabin in the Sky and Stormy Weather . (6) During World War II, Lena Horne toured extensively with the United Service Organizations (USO) on the West Coast and in the South in support of the troops and expressed outrage about the way African-American soldiers were treated. (7) She refused to sing for segregated audiences or to groups in which German prisoners of war were seated in front of African-American servicemen. (8) During the period of McCarthyism in the 1950s, Lena Horne was blacklisted as a communist for 7 years because of her civil rights activism and friendship with Paul Robeson and W.E.B. Du Bois. (9) In 1957, Lena Horne recorded Lena Horne at the Waldorf-Astoria, which reached the Top 10 and became the best-selling album by a female singer in RCA Victor’s history. (10) Lena Horne rose to international stardom and toured the world, sharing the stage with such names as Count Basie, Tony Bennett, Billy Eckstine, Vic Damone, and Harry Belafonte, and also starred in musical and television specials with such giants as Judy Garland, Bing Crosby, and Frank Sinatra. (11) Lena Horne used her fame to become a powerful voice for civil rights and equality. (12) In 1963, she participated in the historic March on Washington for Jobs and Freedom, at which Dr. Martin Luther King, Jr. delivered his immortal “I Have a Dream” speech. (13) Lena Horne also performed at rallies throughout the country for the National Council for Negro Women and worked with the National Association for the Advancement of Colored People (NAACP), of which she was a member from the age of 2, the Delta Sigma Theta sorority, and the Urban League. (14) Through the end of the 20th century, Lena Horne continued to entertain large audiences of all ages and backgrounds. In 1981, she captivated audiences with her one-woman Broadway show, Lena Horne: The Lady and Her Music , which enjoyed a 14-month run before going on tour, and earned her a special Tony Award and two Grammy Awards. (15) In 2002, 73 years after the Academy Awards were first awarded, Halle Berry became the first African-American woman to win an Oscar for Best Actress and recognized in her acceptance speech how Lena Horne paved the way for her and other African-American actresses. (16) Lena Horne passed away in New York City on May 9, 2010, at the age of 92. (17) Lena Horne was an entertainer, activist, and mother who used her beauty, talent, and intelligence to fight racial discrimination and injustice and rise to international stardom. (18) A symbol of elegance and grace, she entertained people of all walks of life for over 60 years, and broke barriers for future generations. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the posthumous presentation, on behalf of the Congress, of a gold medal of appropriate design in commemoration of Lena Horne in recognition of her achievements and contributions to American culture and the civil rights movement. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2, under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 5. Status of medals (a) National medals The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund, such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-113hr715ih/xml/BILLS-113hr715ih.xml |
113-hr-716 | I 113th CONGRESS 1st Session H. R. 716 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Ms. Herrera Beutler introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to convey certain Federal land to the city of Vancouver, Washington, and for other purposes.
1. Land Conveyance The Secretary of the Interior shall convey, for no consideration, to the City of Vancouver, Washington, the Pearson Aviation Museum complex, including the main and historic hangars, headquarters, and munitions building, and the approximately 7 acre complex site, as described in the document titled Cooperative Agreement Between the City of Vancouver and the United States of America Department of Interior, National Park Service , numbered 1443–CA9000–96–01, and dated December 4, 1995. The City of Vancouver shall pay the costs of the conveyance. | https://www.govinfo.gov/content/pkg/BILLS-113hr716ih/xml/BILLS-113hr716ih.xml |
113-hr-717 | I 113th CONGRESS 1st Session H. R. 717 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Honda (for himself, Mr. Gutierrez , Ms. Pelosi , Mr. Becerra , Mr. Conyers , Ms. Lofgren , Ms. Chu , Mr. Nadler , Ms. Lee of California , Mr. Grijalva , Mr. Ellison , Mr. Polis , Ms. Wasserman Schultz , Ms. Bordallo , Mr. Israel , Ms. Clarke , Mr. Rangel , Ms. Schakowsky , Ms. Wilson of Florida , Mr. Holt , Mr. Farr , Mr. Al Green of Texas , Mr. Rush , Mr. Hastings of Florida , Mr. Sires , Ms. Eddie Bernice Johnson of Texas , Mr. Lowenthal , Mr. Blumenauer , Mr. Moran , Ms. Eshoo , Mrs. Napolitano , Mr. McGovern , Mr. Faleomavaega , Mr. Deutch , Mrs. Capps , Mr. Quigley , Ms. Gabbard , Mr. Pocan , Ms. Pingree of Maine , Ms. Sinema , Mr. Capuano , Mr. Takano , Ms. Meng , Mr. Tonko , Mr. Sablan , Ms. Castor of Florida , Ms. Speier , Mr. Cicilline , Mr. Cárdenas , Mr. Connolly , Mrs. Carolyn B. Maloney of New York , Ms. Moore , Mr. Welch , Mr. Pierluisi , Mr. Vargas , Mr. Langevin , Ms. Tsongas , Mrs. Davis of California , Mr. Markey , Mr. Veasey , Mr. Swalwell of California , and Mr. Serrano ) 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; table of contents (a) Short title This Act may be cited as the Reuniting Families Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Reducing family-based visa backlogs and promoting family reunification Sec. 101. Recapture of immigrant visas lost to bureaucratic delay. Sec. 102. Reclassification of spouses and minor children of legal permanent residents as immediate relatives. Sec. 103. Country limits. Sec. 104. Promoting family unity. Sec. 105. Relief for orphans, widows, and widowers. Sec. 106. Exemption from immigrant visa limit for certain veterans who are natives of Philippines. Sec. 107. Fiancée child status protection. Sec. 108. Equal treatment for all stepchildren. Sec. 109. Retention of priority dates. Title II—Uniting American Families Act Sec. 201. Definitions of permanent partner and permanent partnership. Sec. 202. Definition of child. Sec. 203. Worldwide level of immigration. Sec. 204. Numerical limitations on individual foreign states. Sec. 205. Allocation of immigrant visas. Sec. 206. Procedure for granting immigrant status. Sec. 207. Annual admission of refugees and admission of emergency situation refugees. Sec. 208. Asylum. Sec. 209. Adjustment of status of refugees. Sec. 210. Inadmissible aliens. Sec. 211. Nonimmigrant status for permanent partners awaiting the availability of an immigrant visa. Sec. 212. Derivative status for permanent partners of nonimmigrant visa holders. Sec. 213. Conditional permanent resident status for certain alien spouses, permanent partners, and sons and daughters. Sec. 214. Conditional permanent resident status for certain alien entrepreneurs, spouses, permanent partners, and children. Sec. 215. Deportable aliens. Sec. 216. Removal proceedings. Sec. 217. Cancellation of removal; adjustment of status. Sec. 218. Adjustment of status of nonimmigrant to that of person admitted for permanent residence. Sec. 219. Application of criminal penalties for misrepresentation and concealment of facts regarding permanent partnerships. Sec. 220. Requirements as to residence, good moral character, attachment to the principles of the Constitution. Sec. 221. Naturalization for permanent partners of citizens. Sec. 222. Application of family unity provisions to permanent partners of certain LIFE Act beneficiaries. Sec. 223. Application to Cuban Adjustment Act. I Reducing family-based visa backlogs and promoting family reunification 101. Recapture of immigrant visas lost to bureaucratic delay (a) Worldwide level of family-Sponsored immigrants Section 201(c) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c) ) is amended to read as follows: (c) Worldwide level of family-Sponsored immigrants (1) In general Subject to subparagraph (B), the worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of— (A) 480,000; and (B) the sum of— (i) the number computed under paragraph (2); and (ii) the number computed under paragraph (3). (2) Unused visa numbers from previous fiscal year The number computed under this paragraph for a fiscal year is the difference, if any, between— (A) the worldwide level of family-sponsored immigrant visas established for the previous fiscal year; and (B) the number of visas issued under section 203(a), subject to this subsection, during the previous fiscal year. (3) Unused visa numbers from fiscal years 1992 through 2011 The number computed under this paragraph is the difference, if any, between— (A) the difference, if any, between— (i) the sum of the worldwide levels of family-sponsored immigrant visas established for fiscal years 1992 through 2011; and (ii) the number of visas issued under section 203(a), subject to this subsection, during such fiscal years; and (B) the number of unused visas from fiscal years 1992 through 2011 that were issued after fiscal year 2011 under section 203(a), subject to this subsection. . (b) Worldwide level of employment-Based immigrants Section 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) ) is amended to read as follows: (d) Worldwide level of employment-Based immigrants (1) In general The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of— (A) 140,000; (B) the number computed under paragraph (2); and (C) the number computed under paragraph (3). (2) Unused visa numbers from previous fiscal year The number computed under this paragraph for a fiscal year is the difference, if any, between— (A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and (B) the number of visas issued under section 203(b), subject to this subsection, during the previous fiscal year. (3) Unused visa numbers from fiscal years 1992 through 2011 The number computed under this paragraph is the difference, if any, between— (A) the difference, if any, between— (i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2011; and (ii) the number of visas issued under section 203(b), subject to this subsection, during such fiscal years; and (B) the number of unused visas from fiscal years 1992 through 2011 that were issued after fiscal year 2011 under section 203(b), subject to this subsection. . (c) Section 201(b) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b) ) is amended by adding at the end the following: (3) (A) Aliens who are beneficiaries (including derivative beneficiaries) of approved immigrant petitions bearing priority dates more than ten years prior to the alien's application for admission as an immigrant or adjustment of status. (B) Aliens described in section 203(d) whose spouse or parent is entitled to an immigrant status under 203(b). . (d) Effective date The amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act. 102. Reclassification of spouses and minor children of legal permanent residents as immediate relatives (a) In general Section 201(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2) ) is amended to read as follows: (2) Immediate relative (A) In general (i) Immediate relative defined In this subparagraph, the term immediate relative means a child, spouse, or parent of a citizen of the United States or a child or spouse of a lawful permanent resident (and for each family member of a citizen or lawful permanent resident under this subparagraph, such individual’s spouse or child who is accompanying or following to join the individual), except that, in the case of parents, such citizens shall be at least 21 years of age. (ii) Previously issued visa Aliens admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to their accompanying parent who is an immediate relative. (iii) Parents and children An alien who was the child or parent of a citizen of the United States or a child of a lawful permanent resident at the time of the citizen’s or resident’s death if the alien files a petition under 204(a)(1)(A)(ii) within 2 years after such date or prior to reaching 21 years of age. (iv) Spouse An alien who was the spouse of a citizen of the United States or lawful permanent resident for not less than 2 years at the time of the citizen’s or resident’s death or, if married for less than 2 years at the time of the citizen’s or resident’s death, proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit and was not legally separated from the citizen or resident at the time of the citizen’s or resident’s death, and each child of such alien, shall be considered, for purposes of this subsection, an immediate relative after the date of the citizen’s or resident’s death if the spouse files a petition under section 204(a)(1)(A)(ii) before the date on which the spouse remarries. (v) Special rule For purposes of this subparagraph, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen or lawful permanent resident spouse or parent loses United States citizenship or residence on account of the abuse. (B) Birth during temporary visit abroad Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad. . (b) Allocation of immigrant visas Section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) is amended— (1) in paragraph (1), by striking 23,400 and inserting 127,200 ; (2) by striking paragraph (2) and inserting the following: (2) Unmarried sons and unmarried daughters of permanent resident aliens Qualified immigrants who are the unmarried sons or unmarried daughters (but are not the children) of an alien lawfully admitted for permanent residence shall be allocated visas in a number not to exceed 80,640, plus any visas not required for the class specified in paragraph (1). ; (3) in paragraph (3), by striking 23,400 and inserting 80,640 ; and (4) in paragraph (4), by striking 65,000 and inserting 191,520 . (c) Technical and conforming amendments (1) Rules for determining whether certain aliens are immediate relatives Section 201(f) of the Immigration and Nationality Act ( 8 U.S.C. 1151(f) ) is amended— (A) in paragraph (1), by striking paragraphs (2) and (3), and inserting paragraph (2), ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (3), as redesignated by subparagraph (C), by striking through (3) and inserting and (2) . (2) Numerical limitation to any single foreign state Section 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ) is amended— (A) in subsection (a)(4)— (i) by striking subparagraphs (A) and (B); (ii) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively; and (iii) in subparagraph (A), as redesignated by clause (ii), by striking section 203(a)(2)(B) and inserting section 203(a)(2) ; and (B) in subsection (e), in the flush matter following paragraph (3), by striking , or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A) . (3) Allocation of immigration visas Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking subsections (a)(2)(A) and (d) and inserting subsection (d) ; (ii) in subparagraph (A), by striking becomes available for such alien (or, in the case of subsection (d), the date on which an immigrant visa number became available for the alien’s parent), and inserting became available for the alien’s parent, ; and (iii) in subparagraph (B), by striking applicable ; (B) by amending paragraph (2) to read as follows: (2) Petitions described The petition described in this paragraph is a petition filed under section 204 for classification of the alien’s parent under subsection (a), (b), or (c). ; and (C) in paragraph (3), by striking subsections (a)(2)(A) and (d) and inserting subsection (d) . (4) Procedure for granting immigrant status Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended— (A) in subsection (a)(1)— (i) in subparagraph (A)— (I) in clause (i), by inserting or lawful permanent resident after citizen ; (II) in clause (ii), by striking described in the second sentence of section 201(b)(2)(A)(i) also and inserting , alien child, or alien parent described in section 201(b)(2)(A) ; (III) in clause (iii)— (aa) in subclause (I)(aa), by inserting or legal permanent resident after citizen ; and (bb) in subclause (II)(aa)— (AA) in subitems (AA) and (BB), by inserting or legal permanent resident; after citizen each place that term appears; (BB) in subitem (CC), by inserting or legal permanent resident after citizen each place that term appears; and (CC) in subitem (CC)(bbb), by inserting or legal permanent resident after citizenship ; (IV) in clause (iv), by inserting or legal permanent resident after citizen each place that term appears; (V) in clause (v)(I), by inserting or legal permanent resident after citizen ; and (VI) in clause (vi)— (aa) by inserting or legal permanent resident status after renunciation of citizenship ; and (bb) by inserting or legal permanent resident after abuser’s citizenship ; (ii) by striking subparagraph (B); (iii) in subparagraph (C), by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; and (iv) in subparagraph (J), by striking or clause (ii) or (iii) of subparagraph (B) ; (B) in subsection (a), by striking paragraph (2); (C) in subsection (c)(1), by striking or preference status ; and (D) in subsection (h), by striking or a petition filed under subsection (a)(1)(B)(ii) . 103. Country limits Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ) is amended by striking 7 percent (in the case of a single foreign state) or 2 percent and inserting 15 percent (in the case of a single foreign state) or 5 percent . 104. Promoting family unity (a) Aliens previously removed Section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ) is amended— (1) in subparagraph (B)— (A) in clause (iii)— (i) in subclause (I), by striking 18 years of age and inserting 21 years of age ; (ii) by moving subclause (V) 4 ems to the right; and (iii) by adding at the end the following: (VI) Clause (i) shall not apply to an alien for whom an immigrant visa is available or was available on or before the date of the enactment of the Reuniting Families Act , and is otherwise admissible to the United States for permanent residence. ; and (B) in clause (v)— (i) by striking spouse or son or daughter and inserting spouse, son, daughter, or parent ; (ii) by striking extreme ; (iii) by inserting , son, daughter, or after lawfully resident spouse ; and (iv) by striking alien. and inserting alien or, if the Secretary of Homeland Security determines that a waiver is necessary for humanitarian purposes, to ensure family unity or is otherwise in the public interest. ; and (2) in subparagraph (C)— (A) by amending clause (ii) to read as follows: (ii) Exceptions Clause (i) shall not apply to an alien— (I) seeking admission more than 10 years after the date of the alien’s last departure from the United States if, prior to the alien’s reembarkation at a place outside the United States or attempt to be readmitted from a foreign contiguous territory, the Secretary of Homeland Security has consented to the alien’s reapplication for admission; or (II) for whom an immigrant visa is available or was available on or before the date of the enactment of the Reuniting Families Act . ; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) For purposes of determining whether an alien has accumulated an aggregate period of more than 1 year of unlawful presence under clause (i), the same rules of unlawful presence construction under section 212(a)(9)(B)(ii) and the exceptions under section 212(a)(9)(B)(iii) shall apply. . (b) Misrepresentations The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (1) by amending section 212(a)(6)(C)(ii) (8 U.S.C. 1182(a)(6)(C)(ii)) to read as follows: (ii) Misrepresentation of citizenship (I) In general Any alien who willfully misrepresents, or has willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is inadmissible. (II) Exception In the case of an alien making a misrepresentation described in subclause (I), if the alien was under the age of 21 at the time of making such misrepresentation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation. ; (2) in section 212(a)(6)(C)(iii) (8 U.S.C. 1182(a)(6)(C)(iii)), by striking of clause (i) ; (3) by amending subsection (i)(1) of section 212 ( 8 U.S.C. 1182(i)(1) ) to read as follows: (i) (1) The Attorney General or the Secretary of Homeland Security may, in the discretion of the Attorney General or the Secretary, waive the application of subsection (a)(6)(C) in the case of an immigrant who is the parent, spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, or an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A), if it is established to the satisfaction of the Attorney General or the Secretary that the admission to the United States of such alien would not be contrary to the national welfare, safety, or security of the United States. ; and (4) by amending section 237(a)(3)(D) (8 U.S.C. 1227(a)(3)(D)) to read as follows: (D) Misrepresentation of citizenship (i) In general Any alien who willfully misrepresents, or has willfully misrepresented, himself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. (ii) Exception In the case of an alien making a misrepresentation described in subclause (i), if the alien was under the age of 21 at the time of making such misrepresentation that he or she was a citizen, the alien shall not be considered to be deportable under any provision of this subsection based on such misrepresentation. . 105. Relief for orphans, widows, and widowers (a) In general (1) Special rule for orphans and spouses In applying clauses (iii) and (iv) of section 201(b)(2)(A) of the Immigration and Nationality Act , as added by section 102(a) of this Act, to an alien whose citizen or lawful permanent resident relative died before the date of the enactment of this Act, the alien relative may file the classification petition under section 204(a)(1)(A)(ii) of such Act, as amended by section 102(c)(4)(A)(i)(II) of this Act, not later than 2 years after the date of the enactment of this Act. (2) Eligibility for parole If an alien was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act based solely upon the alien’s lack of classification as an immediate relative (as defined in section 201(b)(2)(A)(iv) of the Immigration and Nationality Act , as amended by section 102(a) of this Act) due to the death of such citizen or resident— (A) such alien shall be eligible for parole into the United States pursuant to the Secretary of Homeland Security’s discretionary authority under section 212(d)(5) of such Act ( 8 U.S.C. 1182(d)(5) ); and (B) such alien’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act ( 8 U.S.C. 1182(a)(9) ). (3) Eligibility for parole If an alien described in section 204(l) of the Immigration and Nationality Act ( 8 U.S.C. 1154(l) ), was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act— (A) such alien shall be eligible for parole into the United States pursuant to the Secretary of Homeland Security’s discretionary authority under section 212(d)(5) of such Act ( 8 U.S.C. 1182(d)(5) ); and (B) such alien’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act ( 8 U.S.C. 1182(a)(9) ). (b) Processing of immigrant visas and derivative petitions (1) In general Section 204(b) of the Immigration and Nationality Act (8 U.S.C. 1154(b)) is amended— (A) by striking After an investigation and inserting the following: (1) In general After an investigation ; and (B) by adding at the end the following: (2) Death of qualifying relative (A) In general Any alien described in subparagraph (B) whose qualifying relative died before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred. An immigrant visa issued before the death of the qualifying relative shall remain valid after such death. (B) Alien described An alien described in this subparagraph is an alien who— (i) is an immediate relative (as described in section 201(b)(2)(A)); (ii) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); (iii) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or (iv) is the spouse or child of a refugee (as described in section 207(c)(2)) or an asylee (as described in section 208(b)(3)). . (2) Transition period (A) In general Notwithstanding a denial or revocation of an application for an immigrant visa for an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee. (B) Inapplicability of bars to entry Notwithstanding section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ), an alien’s application for an immigrant visa shall be considered if the alien was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act. (c) Naturalization Section 319(a) of the Immigration and Nationality Act ( 8 U.S.C. 1430(a) ) is amended by inserting (or, if the spouse is deceased, the spouse was a citizen of the United States) after citizen of the United States . (d) Waivers of inadmissibility Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended— (1) by redesignating the second subsection (t) as subsection (u); and (2) by adding at the end the following: (v) Continued waiver eligibility for widows, widowers, and orphans In the case of an alien who would have been statutorily eligible for any waiver of inadmissibility under this Act but for the death of a qualifying relative, the eligibility of such alien shall be preserved as if the death had not occurred and the death of the qualifying relative shall be the functional equivalent of hardship for purposes of any waiver of inadmissibility which requires a showing of hardship. . (e) Surviving relative consideration for certain petitions and applications Section 204(l)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1154(l)(1) ) is amended— (1) by striking who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States ; and (2) by striking any related applications, and inserting any related applications (including affidavits of support), . (f) Immediate relatives Section 201(b)(2)(A)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2)(A)(i) ) is amended by striking within 2 years after such date . (g) Family-Sponsored immigrants Section 212(a)(4)(C)(i) is amended— (1) in subclause (I), by striking , or and inserting a semicolon; (2) in subclause (II), by striking or at the end; and (3) by adding at the end the following: (IV) the status as a surviving relative under 204(l); or . 106. Exemption from immigrant visa limit for certain veterans who are natives of Philippines (a) Short title This section may be cited as the Filipino Veterans Family Reunification Act . (b) Aliens not subject to direct numerical limitations Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) Aliens who are eligible for an immigrant visa under paragraph (1) or (3) of section 203(a) and who have a parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 note). . 107. Fiancée child status protection (a) Definition Section 101(a)(15)(K)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(iii)) is amended by inserting , provided that a determination of the age of such minor child is made using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fiancée or fiancé of a United States citizen (in the case of an alien parent described in clause (i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i) (in the case of an alien parent described in clause (ii)); before the semicolon at the end. (b) Adjustment of status authorized Section 214(d) of the Immigration and Nationality Act ( 8 U.S.C. 1184(d)(1) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2) in paragraph (1), by striking In the event and inserting the following: (2) (A) If an alien does not marry the petitioner under paragraph (1) within 3 months after the alien and the alien’s minor children are admitted into the United States, such alien and children shall be required to depart from the United States. If such aliens fail to depart from the United States, they shall be removed in accordance with sections 240 and 241. (B) Subject to subparagraphs (C) and (D), if an alien marries the petitioner described in section 101(a)(15)(K)(i) within 3 months after the alien is admitted into the United States, the Secretary of Homeland Security or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the alien, and any minor children accompanying or following to join the alien, to that of an alien lawfully admitted for permanent residence on a conditional basis under section 216 if the alien and any such minor children apply for such adjustment and are not determined to be inadmissible to the United States. (C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply to an alien who is eligible to apply for adjustment of his or her status to an alien lawfully admitted for permanent residence under this section. (D) An alien eligible for a waiver of inadmissibility as otherwise authorized under this Act shall be permitted to apply for adjustment of his or her status to that of an alien lawfully admitted for permanent residence under this section. . (c) Age determination Section 245(d) of the Immigration and Nationality Act ( 8 U.S.C. 1155(d) ) is amended— (1) by inserting (1) before The Attorney General ; and (2) by adding at the end the following: (2) A determination of the age of an alien admitted to the United States under section 101(a)(15)(K)(iii) shall be made, for purposes of adjustment to the status of an alien lawfully admitted for permanent residence on a conditional basis under section 216, using the age of the alien on the date on which the petition is filed with the Secretary of Homeland Security to classify the alien’s parent as the fiancée or fiancé of a United States citizen (in the case of an alien parent admitted to the United States under section 101(a)(15)(K)(i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i) (in the case of an alien parent admitted to the United States under section 101(a)(15)(K)(ii)). . (d) Effective date (1) In general The amendments made by this section shall be effective as if included in the Immigration Marriage Fraud Amendments of 1986 (Public Law 99–639). (2) Applicability The amendments made by this section shall apply to all petitions or applications described in such amendments that— (A) are pending as of the date of the enactment of this Act; or (B) have been denied, but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application. (3) Motion to reopen or reconsider A motion to reopen or reconsider a petition or application described in paragraph (2)(B) shall be granted if such motion is filed with the Secretary of Homeland Security or the Attorney General not later than 2 years after the date of the enactment of this Act. 108. Equal treatment for all stepchildren Section 101(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1)(B) ) is amended by striking , provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred . 109. Retention of priority dates Section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ) is amended— (1) by amending subsection (h)(3) to read as follows: (3) Retention of priority date If the age of an alien is determined under paragraph (1) to be 21 years of age or older for the purposes of subsections (a)(2)(A) and (d), and a parent of the alien files a family-based petition for such alien, the priority date for such petition shall be the original priority date issued upon receipt of the original family- or employment-based petition for which either parent was a beneficiary. ; and (2) by adding at the end the following: (i) Permanent priority dates The priority date for any family- or 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. The beneficiary of any petition shall retain his or her earliest priority date based on any petition filed on his or her behalf that was approvable when filed, regardless of the category of subsequent petitions. . II Uniting American Families Act 201. Definitions of permanent partner and permanent partnership Section 101(a) of the Immigration and Nationality Act ( 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: (52) 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 . 202. Definition of child (a) Titles I and II Section 101(b)(1) of the Immigration and Nationality Act ( 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) of the Immigration and Nationality Act ( 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 . 203. Worldwide level of immigration 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 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. . 204. Numerical limitations on individual foreign states (a) Per country levels Section 202(a)(4) of the Immigration and Nationality Act ( 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) of such Act ( 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 . 205. Allocation of immigrant visas (a) Preference allocation for family members of permanent resident aliens Section 203(a)(2) of the Immigration and Nationality Act ( 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) of such Act ( 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) of such Act (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) of such Act ( 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) . 206. Procedure for granting immigrant status (a) Classification petitions Section 204(a)(1) of the Immigration and Nationality Act ( 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) of such Act ( 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) of such Act ( 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) of such Act ( 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 . 207. Annual admission of refugees and admission of emergency situation refugees Section 207(c) of the Immigration and Nationality Act ( 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 . 208. Asylum Section 208(b)(3) of the Immigration and Nationality Act ( 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) . 209. Adjustment of status of refugees Section 209(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1159(b)(3) ) is amended by inserting or permanent partner after spouse . 210. Inadmissible aliens (a) Classes of aliens ineligible for visas or admission Section 212(a) of the Immigration and Nationality Act ( 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) of such Act ( 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) of such Act ( 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) of such Act ( 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) of such Act ( 8 U.S.C. 1182(i)(1) ) is amended by inserting permanent partner, after spouse, . 211. Nonimmigrant status for permanent partners awaiting the availability of an immigrant visa Section 214 of the Immigration and Nationality Act ( 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. 212. Derivative status for permanent partners of nonimmigrant visa holders Section 101(a)(15) of the Immigration and Nationality Act ( 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 . 213. 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 of the Immigration and Nationality Act ( 8 U.S.C. 1186a ) is amended by inserting and permanent partners after spouses . (2) Clerical amendment The table of contents of such Act 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) of such Act ( 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) of such Act ( 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 paragraph (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) Definitions Section 216(g) of such Act ( 8 U.S.C. 1186a(g) ) 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 . 214. Conditional permanent resident status for certain alien entrepreneurs, spouses, permanent partners, and children (a) Section heading (1) In general The heading for section 216A of the Immigration and Nationality Act ( 8 U.S.C. 1186b ) is amended by inserting or permanent partners after spouses . (2) Clerical amendment The table of contents of such Act 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) of such Act ( 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) of such Act ( 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) of such Act ( 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) of such Act ( 8 U.S.C. 1186b(f)(2) ) is amended by inserting or permanent partner after spouse each place it appears. 215. 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. 216. Removal proceedings Section 240 of the Immigration and Nationality Act ( 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 . 217. Cancellation of removal; adjustment of status Section 240A(b) of the Immigration and Nationality Act ( 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. 218. Adjustment of status of nonimmigrant to that of person admitted for permanent residence (a) Prohibition on adjustment of status Section 245(d) of the Immigration and Nationality Act ( 8 U.S.C. 1255(d) ) is amended by inserting or permanent partnership after marriage . (b) Avoiding immigration fraud Section 245(e) of such Act ( 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) of such Act ( 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) of such Act (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) of such Act is amended by inserting permanent partner, after spouse, . 219. Application of criminal penalties for misrepresentation and concealment of facts regarding permanent partnerships Section 275(c) of the Immigration and Nationality Act ( 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. . 220. Requirements as to residence, good moral character, attachment to the principles of the Constitution Section 316(b) of the Immigration and Nationality Act ( 8 U.S.C. 1427(b) ) is amended by inserting or permanent partner after spouse . 221. Naturalization for permanent partners of citizens Section 319 of the Immigration and Nationality Act ( 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 . 222. 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. 223. 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 amendments (1) Immigration and Nationality Act Section 101(a)(51)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(51)(D) ) is amended by striking or spouse and inserting , spouse, or permanent partner . (2) Violence Against Women Act Section 1506(c)(2)(A)(I)(IV) of the Violence Against Women Act of 2000 (8 U.S.C. 1229a note; division B of Public Law 106–386 ) is amended by striking or spouse and inserting , spouse, or permanent partner . | https://www.govinfo.gov/content/pkg/BILLS-113hr717ih/xml/BILLS-113hr717ih.xml |
113-hr-718 | I 113th CONGRESS 1st Session H. R. 718 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Hultgren (for himself and Mr. Lipinski ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to award grants on a competitive basis to public and private entities to provide qualified sexual risk avoidance education to youth and their parents.
1. Short title This Act may be cited as the Abstinence Education Reallocation Act of 2013 . 2. Sexual risk avoidance education (a) Grants The Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, may award grants on a competitive basis to public and private entities to provide qualified sexual risk avoidance education to youth and their parents. (b) Qualified sexual risk avoidance education To qualify for funding under subsection (a), sexual risk avoidance education shall meet each of the following: (1) The education shall be age appropriate. (2) The education shall be medically accurate. (3) The education shall be an evidence-based approach. (4) The context for all sexual health education shall be teaching the skills and benefits of sexual abstinence as the optimal sexual health behavior for youth. (5) The education shall include, consistent with paragraphs (1) through (4), teaching of each of the following: (A) The holistic health, economic, and societal benefits that can be gained by refraining from nonmarital sexual activity, through teaching practical skills that promote self-regulation, goal setting, and a focus on the future. (B) The clear advantage of reserving human sexual activity for marriage, as a key contributing factor in the prevention of poverty and the preservation of physical and emotional health, based on social science research. (C) The foundational components of a healthy relationship and related research regarding the individual, economic, and societal advantages of bearing children within the context of a committed marital relationship in order to form healthy marriages and safe and stable families. (D) The skills needed to resist the negative influences of the pervasive sex-saturated culture that presents teenage sexual activity as an expected norm, with few risks or negative consequences. (E) The understanding of how drugs, alcohol, and the irresponsible use of social media can influence sexual decisionmaking and can contribute to risky and often aggressive sexual behavior. (F) A focused priority on the superior health benefits of sexual abstinence, ensuring that any information provided on contraception does not exaggerate its effectiveness in preventing sexually transmitted diseases and pregnancies. (c) Priority In awarding grants under subsection (a), the Secretary of Health and Human Services shall give priority to applicants proposing programs to provide qualified sexual risk avoidance education that— (1) will serve youth spanning ages 12 to 19; and (2) will promote protective benefits of parent-child communication regarding healthy sexual decisionmaking. (d) Definitions In this Act: (1) The term age appropriate means appropriate for the general developmental and social maturity of the age group (as opposed to the cognitive ability to understand a topic or the atypical development of a small segment of the targeted population). (2) The term evidence-based approach means an approach that— (A) has a clear theoretical base that integrates research findings with practical implementation expertise that is relevant to the field; (B) matches the needs and desired outcomes for the intended audience; and (C) if implemented well, will demonstrate improved outcomes for the targeted population. (3) The term medically accurate means referenced to peer-reviewed research by medical, educational, scientific, governmental, or public health publications, organizations, or agencies. (4) The term sexual abstinence means voluntarily refraining from sexual activity. (5) The term sexual activity means genital contact or sexual stimulation including, but not limited to, sexual intercourse. (e) Authorization of appropriations (1) In general There is authorized to be appropriated $110,000,000 for each of fiscal years 2013 through 2017 to carry out this Act. Amounts authorized to be appropriated by the preceding sentence shall be derived exclusively from amounts in the Prevention and Public Health Fund established by section 4002 of the Patient Protection and Affordable Care Act (42 U.S.C. 300u–11). (2) Federal administrative costs Of the amount authorized to be appropriated by paragraph (1) for a fiscal year— (A) not more than $1,000,000 are authorized to be used for Federal administrative costs; and (B) of the amount used by the Secretary of Health and Human Services for administrative costs, at least 40 percent shall be used for training and technical assistance by qualified organizations— (i) whose sole focus is the development and advancement of abstinence education; (ii) that have expertise in theory-based abstinence education curriculum development and implementation; (iii) that have direct experience in developing sexual risk avoidance evaluation instruments; and (iv) that can offer technical assistance and training on a wide range of topics relevant to the sexual risk avoidance (or abstinence education) field. | https://www.govinfo.gov/content/pkg/BILLS-113hr718ih/xml/BILLS-113hr718ih.xml |
113-hr-719 | I 113th CONGRESS 1st Session H. R. 719 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. King of New York (for himself, Mr. Sherman , Ms. Bonamici , Mr. Bishop of New York , Mr. Hanna , Mr. Jones , Mr. Loebsack , Mr. Meeks , Mr. Michaud , Ms. Norton , Ms. Pingree of Maine , Mr. Polis , Mr. Posey , Ms. Waters , and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To clarify the National Credit Union Administration authority to improve credit union safety and soundness.
1. Short title This Act may be cited as the Capital Access for Small Businesses and Jobs Act . 2. Improving credit union safety and soundness The Federal Credit Union Act ( 12 U.S.C. 1751 et seq. ) is amended— (1) in section 107— (A) in paragraph (16), by striking and at the end; (B) in paragraph (17), by striking the period and inserting ; and ; and (C) by adding at the end the following: (18) to receive payments on uninsured non-share accounts described under section 216(o)(2)(D), subject to such terms, rates, and conditions as may be established by the board of directors, within limitations prescribed by the Board. ; and (2) in section 216— (A) in subsection (b)(1)(B)(ii), by striking must rely and inserting rely predominantly ; and (B) in subsection (o)(2)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C)(ii), by striking the period and inserting ; and ; and (iii) by adding at the end the following: (D) with respect to any insured credit union other than a low-income credit union, includes uninsured non-share accounts as authorized by the Board, that— (i) do not alter the cooperative nature of the credit union; (ii) are subordinate to all other claims against the credit union, including the claims of creditors, shareholders, and the Fund; (iii) are available to be applied to cover operating losses of the credit union in excess of its retained earnings and, to the extent so applied, will not be replenished; (iv) if they have a stated maturity, have an initial maturity of at least 5 years; (v) if they have a stated maturity, the net worth value of such accounts may be discounted at the discretion of the Board when the remaining maturity is less than 5 years; (vi) are subject to disclosure and consumer protection requirements as determined by the Board; (vii) are offered by a credit union that is determined by the Board to be sufficiently capitalized and well-managed; and (viii) are subject to such rules and regulations as the Board may establish. . | https://www.govinfo.gov/content/pkg/BILLS-113hr719ih/xml/BILLS-113hr719ih.xml |
113-hr-720 | I 113th CONGRESS 1st Session H. R. 720 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. King of New York (for himself, Mr. Rangel , Mr. Capuano , Mr. Cicilline , Mr. Deutch , Mr. Engel , Mr. Farr , Mr. Grimm , Mr. Himes , Mr. Holt , Mr. Israel , Mr. Moran , Ms. Norton , Mr. Pierluisi , Mr. Quigley , Ms. Slaughter , Mr. Waxman , and Mr. McGovern ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To increase public safety by permitting the Attorney General to deny the transfer of a firearm or the issuance of firearms or explosives licenses to a known or suspected dangerous terrorist.
1. Short title This Act may be cited as the Denying Firearms and Explosives to Dangerous Terrorists Act of 2013 . 2. Granting the attorney general the authority to deny the sale, delivery, or transfer of a firearm or the issuance of a firearms or explosives license or permit to dangerous terrorists (a) Standard for exercising attorney general discretion regarding transferring firearms or issuing firearms permits to dangerous terrorists Chapter 44 of title 18, United States Code, is amended— (1) by inserting the following new section after section 922: 922A. Attorney General’s discretion to deny transfer of a firearm The Attorney General may deny the transfer of a firearm pursuant to section 922(t)(1)(B)(ii) if the Attorney General determines that the transferee is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the prospective transferee may use a firearm in connection with terrorism. ; (2) by inserting the following new section after section 922A: 922B. Attorney General’s discretion regarding applicants for firearm permits which would qualify for the exemption provided under section 922(t)(3) The Attorney General may determine that an applicant for a firearm permit which would qualify for an exemption under section 922(t) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism. ; and (3) in section 921(a), by adding at the end the following: (36) The term terrorism means international terrorism as defined in section 2331(1), and domestic terrorism as defined in section 2331(5). (37) The term material support means material support or resources within the meaning of section 2339A or 2339B. (38) The term responsible person means an individual who has the power, directly or indirectly, to direct or cause the direction of the management and policies of the applicant or licensee pertaining to firearms. . (b) Effect of attorney general discretionary denial through the national instant criminal background check system (NICS) on firearms permits Section 922(t) of such title is amended— (1) in paragraph (1)(B)(ii), by inserting or State law, or that the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A before the semicolon; (2) in paragraph (2), by inserting after or State law the following: or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A ; (3) in paragraph (3)(A)(i)— (A) by striking and at the end of subclause (I); and (B) by adding at the end the following: (III) was issued after a check of the system established pursuant to paragraph (1); ; (4) in paragraph (3)(A)— (A) by adding and at the end of clause (ii); and (B) by adding after and below the end the following: (iii) the State issuing the permit agrees to deny the permit application if such other person is the subject of a determination by the Attorney General pursuant to section 922B; ; (5) in paragraph (4), by inserting after or State law, the following: or if the Attorney General has not determined to deny the transfer of a firearm pursuant to section 922A, ; and (6) in paragraph (5), by inserting after or State law, the following: or if the Attorney General has determined to deny the transfer of a firearm pursuant to section 922A, . (c) Unlawful sale or disposition of firearm based on attorney general discretionary denial Section 922(d) of such title is amended— (1) by striking or at the end of paragraph (8); (2) by striking the period at the end of paragraph (9) and inserting ; or ; and (3) by inserting after paragraph (9) the following: (10) has been the subject of a determination by the Attorney General pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title. . (d) Attorney general discretionary denial as prohibitor Section 922(g) of such title is amended— (1) by striking or at the end of paragraph (8); (2) by striking the comma at the end of paragraph (9) and inserting; ; or ; and (3) by inserting after paragraph (9) the following: (10) who has received actual notice of the Attorney General’s determination made pursuant to section 922A, 922B, 923(d)(1)(H), or 923(e) of this title. . (e) Attorney general discretionary denial of federal firearms licenses Section 923(d)(1) of such title is amended— (1) by striking Any and inserting Except as provided in subparagraph (H), any ; (2) in subparagraph (F)(iii), by striking and at the end; (3) in subparagraph (G), by striking the period and inserting ; and ; and (4) by adding at the end the following: (H) The Attorney General may deny a license application if the Attorney General determines that the applicant (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism. . (f) Discretionary revocation of federal firearms licenses Section 923(e) of such title is amended— (1) in the 1st sentence— (A) by inserting after revoke the following: —(1) ; and (B) by striking the period and inserting a semicolon; (2) in the 2nd sentence— (A) by striking The Attorney General may, after notice and opportunity for hearing, revoke and insert (2) ; and (B) by striking the period and inserting ; or ; and (3) by adding at the end the following: (3) any license issued under this section if the Attorney General determines that the holder of the license (including any responsible person) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the applicant may use a firearm in connection with terrorism. . (g) Attorney general’s ability To withhold information in firearms license denial and revocation suit Section 923(f) of such title is amended— (1) in the 1st sentence of paragraph (1), by inserting , except that if the denial or revocation is pursuant to subsection (d)(1)(H) or (e)(3), then any information on which the Attorney General relied for this determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security before the period; and (2) in paragraph (3), by inserting after the 3rd sentence the following: With respect to any information withheld from the aggrieved party under paragraph (1), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. . (h) Attorney general’s ability To withhold information in relief from disabilities lawsuits Section 925(c) of such title is amended by inserting after the 3rd sentence the following: If receipt of a firearm by the person would violate section 922(g)(10), any information which the Attorney General relied on for this determination may be withheld from the applicant if the Attorney General determines that disclosure of the information would likely compromise national security. In responding to the petition, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. . (i) Penalties Section 924(k) of such title is amended— (1) by striking or at the end of paragraph (2); (2) in paragraph (3), by striking , or and inserting ; or ; and (3) by inserting after paragraph (3) the following: (4) constitutes an act of terrorism (as defined in section 921(a)(36)), or material support thereof (as defined in section 921(a)(37)), or . (j) Remedy for erroneous denial of firearm or firearm permit exemption Section 925A of such title is amended— (1) in the section heading, by striking Remedy for erroneous denial of firearm and inserting Remedies ; (2) by striking Any person denied a firearm pursuant to subsection (s) or (t) of section 922 and inserting the following: (a) Except as provided in subsection (b), any person denied a firearm pursuant to section 922(t) or pursuant to a determination made under section 922B, ; and (3) by adding after and below the end the following: (b) In any case in which the Attorney General has denied the transfer of a firearm to a prospective transferee pursuant to section 922A or has made a determination regarding a firearm permit applicant pursuant to section 922B, an action challenging the determination may be brought against the United States. The petition must be filed not later than 60 days after the petitioner has received actual notice of the Attorney General’s determination made pursuant to section 922A or 922B. The court shall sustain the Attorney General’s determination on a showing by the United States by a preponderance of evidence that the Attorney General’s determination satisfied the requirements of section 922A or 922B. To make this showing, the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. On request of the petitioner or the court’s own motion, the court may review the full, undisclosed documents ex parte and in camera. The court shall determine whether the summaries or redacted versions, as the case may be, are fair and accurate representations of the underlying documents. The court shall not consider the full, undisclosed documents in deciding whether the Attorney General’s determination satisfies the requirements of section 922A or 922B. . (k) Provision of grounds underlying ineligibility determination by the national instant criminal background check system Section 103 of the Brady Handgun Violence Prevention Act ( Public Law 103–159 ) is amended— (1) in subsection (f)— (A) by inserting after is ineligible to receive a firearm, the following: or the Attorney General has made a determination regarding an applicant for a firearm permit pursuant to section 922B of title 18, United States Code ; and (B) by inserting after the system shall provide such reasons to the individual, the following: except for any information the disclosure of which the Attorney General has determined would likely compromise national security ; and (2) in subsection (g)— (A) in the 1st sentence, by inserting after subsection (g) or (n) of section 922 of title 18, United States Code or State law the following: or if the Attorney General has made a determination pursuant to section 922A or 922B of such title, ; (B) by inserting , except any information the disclosure of which the Attorney General has determined would likely compromise national security before the period; and (C) by adding at the end the following: Any petition for review of information withheld by the Attorney General under this subsection shall be made in accordance with section 925A of title 18, United States Code. . (l) Unlawful distribution of explosives based on attorney general discretionary denial Section 842(d) of such title is amended— (1) by striking the period at the end of paragraph (9) and inserting ; or ; and (2) by adding at the end the following: (10) has received actual notice of the Attorney General’s determination made pursuant to section 843(b)(8) or (d)(2) of this title. . (m) Attorney General discretionary denial as prohibitor Section 842(i) of such title is amended— (1) by adding or at the end of paragraph (7); and (2) by inserting after paragraph (7) the following: (8) who has received actual notice of the Attorney General’s determination made pursuant to section 843(b)(8) or (d)(2), . (n) Attorney General discretionary denial of Federal explosives licenses and permits Section 843(b) of such title is amended— (1) by striking Upon and inserting the following: Except as provided in paragraph (8), on ; and (2) by inserting after paragraph (7) the following: (8) The Attorney General may deny the issuance of a permit or license to an applicant if the Attorney General determines that the applicant or a responsible person or employee possessor thereof is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation of, in aid of, or related to terrorism, or providing material support thereof, and the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism. . (o) Attorney General discretionary revocation of Federal explosives licenses and permits Section 843(d) of such title is amended— (1) by inserting (1) in the first sentence after if ; and (2) by striking the period at the end of the first sentence and inserting the following: ; or (2) the Attorney General determines that the licensee or holder (or any responsible person or employee possessor thereof) is known (or appropriately suspected) to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism, or providing material support thereof, and that the Attorney General has a reasonable belief that the person may use explosives in connection with terrorism. . (p) Attorney General’s ability To withhold information in explosives license and permit denial and revocation suits Section 843(e) of such title is amended— (1) in the 1st sentence of paragraph (1), by inserting except that if the denial or revocation is based on a determination under subsection (b)(8) or (d)(2), then any information which the Attorney General relied on for the determination may be withheld from the petitioner if the Attorney General determines that disclosure of the information would likely compromise national security before the period; and (2) in paragraph (2), by adding at the end the following: In responding to any petition for review of a denial or revocation based on a determination under section 843(b)(8) or (d)(2), the United States may submit, and the court may rely on, summaries or redacted versions of documents containing information the disclosure of which the Attorney General has determined would likely compromise national security. . (q) Ability To withhold information in communications to employers Section 843(h)(2) of such title is amended— (1) in subparagraph (A), by inserting or section 843(b)(1) (on grounds of terrorism) of this title, after section 842(i), ; and (2) in subparagraph (B)— (A) by inserting or section 843(b)(8) after section 842(i) ; and (B) in clause (ii), by inserting , except that any information that the Attorney General relied on for a determination pursuant to section 843(b)(8) may be withheld if the Attorney General concludes that disclosure of the information would likely compromise national security before the semicolon. (r) Conforming amendment to immigration and nationality act Section 101(a)(43)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)(E)(ii)) is amended by striking or (5) and inserting (5), or (10) . | https://www.govinfo.gov/content/pkg/BILLS-113hr720ih/xml/BILLS-113hr720ih.xml |
113-hr-721 | I 113th CONGRESS 1st Session H. R. 721 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Ms. Jenkins (for herself, Mr. Blumenauer , Mr. Rodney Davis of Illinois , and Mr. Lipinski ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to extend and modify the railroad track maintenance credit.
1. Short title This Act may be cited as the Short Line Railroad Rehabilitation and Investment Act of 2013 . 2. Extension and modification of Railroad Track Maintenance Credit (a) Extension of credit Section 45G(f) of the Internal Revenue Code of 1986 is amended by striking January 1, 2014 and inserting January 1, 2017 . (b) Expenditures Subsection (d) of section 45G of the Internal Revenue Code of 1986 (relating to qualified railroad track maintenance expenditures) is amended by striking for maintaining and all that follows and inserting for maintaining— (A) in the case of taxable years beginning after December 31, 2004, and before January 1, 2013, railroad track (including roadbed, bridges, and related track structures) owned or leased as of January 1, 2005, by a Class II or Class III railroad (determined without regard to any consideration for such expenditures given by the Class II or Class III railroad which made the assignment of such track), and (B) in the case of taxable years beginning after December 31, 2012, railroad track (including roadbed, bridges, and related track structures) owned or leased as of January 1, 2013, by a Class II or Class III railroad (determined without regard to any consideration for such expenditures given by the Class II or Class III railroad which made the assignment of such track). . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr721ih/xml/BILLS-113hr721ih.xml |
113-hr-722 | I 113th CONGRESS 1st Session H. R. 722 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. King of New York (for himself, Mr. Bishop of New York , Mr. Moran , Mr. Farr , and Mr. Rangel ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To combat illegal gun trafficking, and for other purposes.
1. Short title This Act may be cited as the Detectives Nemorin and Andrews Anti-Gun Trafficking Act of 2013 . 2. Illegal gun trafficking Section 924 of title 18, United States Code, is amended by adding at the end the following: (q) Whoever, in or affecting interstate or foreign commerce in violation of subsection (a)(1)(A), (a)(3), (a)(6), (b)(2), (b)(3), (b)(5), (d), (g), (i), (j), (k), (m), or (n) of section 922 or subsection (c) or (h) of this section— (1) offers for sale, transfer, or barter 2 or more firearms, at least 2 of which are handguns, semiautomatic assault weapons, short-barreled shotguns, short-barreled rifles, or machineguns; and (2) at least 1 of the firearms— (A) is transported, received, or possessed by the person, and— (i) is stolen; or (ii) has had the importer’s or manufacturer’s serial number removed, obliterated, or altered; or (B) is offered by the person for sale, transfer, or barter to another person who— (i) is prohibited from possessing a firearm under subsection (g) or (n) of section 922; (ii) is prohibited by State law from possessing a firearm; (iii) has not attained 18 years of age, except as otherwise allowed under Federal or State law; (iv) is in a school zone; or (v) has travelled from any State into any other State, and acquires or attempts to acquire the firearm otherwise in violation of Federal or State law, shall be fined under this title, imprisoned not more than 20 years, or both. . 3. Expansion of project safe neighborhoods Section 104 of the 21st Century Department of Justice Appropriations Authorization Act ( Public Law 107–273 ) is amended— (1) in subsection (a), by inserting , illegal gun trafficking, after violence ; and (2) in subsection (b), by striking 2002 and inserting 2013 . 4. Report to the Congress Beginning in calendar year 2013, the Attorney General shall submit biennially to the Congress a written report, covering the preceding 2 years, which specifies— (1) the State of origin for each firearm, used in a crime, that was traced by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the State in which the firearm was recovered; (2) the total number of firearms so traced, by manufacturer, model, and type of firearm; (3) the name of Federal firearms licensees who have had more than 5 firearms, used in a crime, traced back to them in a single year; and (4) the number of prosecutions for each individual offense under sections 922, 923, and 924 of title 18, United States Code. 5. Additional penalty for possession of a stolen firearm during the commission of a felony Section 924 of title 18, United States Code, as amended by section 2 of this Act, is amended by adding at the end the following: (r) Whoever, during and in relation to the commission of a crime punishable by imprisonment for a term exceeding 1 year, receives, possesses, conceals, barters, sells, or disposes of any stolen firearm or stolen ammunition, in or affecting interstate or foreign commerce, whether or not the person is aware that the firearm or ammunition is stolen, shall, in addition to the punishment provided for the crime so punishable, be sentenced to a term of imprisonment of not more than 5 years. . 6. National Crime Information Center Stolen Gun File (a) Availability The Federal Bureau of Investigation shall make available to the Bureau of Alcohol, Tobacco, Firearms, and Explosives the National Crime Information Center Gun File for the purpose of enabling the Bureau of Alcohol, Tobacco, Firearms, and Explosives to access the file while completing a crime gun trace. (b) Use The Bureau of Alcohol, Tobacco, Firearms, and Explosives shall conduct a search of the National Crime Information Center Stolen Gun File with respect to each firearm submitted to the Bureau of Alcohol, Tobacco, Firearms, and Explosives for tracing. (c) Notification regarding stolen firearms If a law enforcement agency requests the Bureau of Alcohol, Tobacco, Firearms, and Explosives to trace a firearm, and the National Crime Information Center Stolen Gun File indicates that the firearm is stolen, then the Bureau of Alcohol, Tobacco, Firearms, and Explosives shall notify the law enforcement agency of that information and provide the law enforcement agency with any available information regarding the owner of the firearm. (d) Return of stolen firearms possessed by BATFE If the Bureau of Alcohol, Tobacco, Firearms, and Explosives possesses a firearm which the National Crime Information Center Stolen Gun File indicates is stolen, the Bureau shall return the firearm to the person who reported the firearm stolen, when the Bureau determines that— (1) the firearm is no longer needed for Federal, State, or local criminal investigation or evidentiary purposes; and (2) the person is entitled to possess the firearm. (e) National instant stolen gun check system (1) Establishment Within 2 years after the date of the enactment of this Act, the Attorney General shall establish a national instant stolen gun check system that any licensee may contact, by telephone or other electronic means, for information to be supplied immediately on whether a firearm to be received by the licensee is stolen. (2) Instant check of status of firearms to be transferred to certain Federal firearms licensees by non-licensees If the national instant stolen gun check system is contacted by a licensee for information on whether a firearm to be received by the licensee is stolen, the system shall, as soon as is practicable— (A) conduct a search of the National Crime Information Center Stolen Gun File for information about the firearm; and (B) inform the licensee whether the information available to the system indicates that the firearm is stolen. (3) Notification of licensees On establishment of the national instant stolen gun check system under this subsection, the Attorney General shall notify each licensee and the chief law enforcement officer of each State of the existence and purpose of the system and the means to be used to contact the system. (4) Permanent retention of records The national instant stolen gun check system shall create and maintain permanently a record of each contact of the system, and all information provided to or by the system during the contact. (5) Definitions In this section: (A) Licensee The term licensee means a licensed dealer (as defined in section 921(a)(11) of title 18, United States Code), licensed importer (as defined in section 921(a)(9) of such title), or licensed manufacturer (as defined in section 921(a)(10) of such title). (B) Firearm The term firearm has the meaning given in section 921(a)(3) of title 18, United States Code. (f) Federal firearms licensee required To contact national instant stolen gun check system before receiving firearm from non-Licensee (1) In general Section 922(s) of title 18, United States Code, is amended to read as follows: (s) (1) Beginning on the date that is 30 days after the Attorney General notifies licensees under section 6(e)(3) of the Detectives Nemorin and Andrews Anti-Gun Trafficking Act of 2013 that the national instant stolen gun check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not receive a firearm from any person who is not licensed under this chapter, unless— (A) the licensee has verified the identity of the person by examining a valid identification document (as defined in section 1028(d) of this title) of the person that satisfies the requirements of section 202 of the REAL ID Act of 2005; (B) the licensee has contacted the national instant stolen gun check system established under subsection (e) of such section 6, and provided the system with— (i) the name and address of the person; (ii) a description of the identification document referred to in subparagraph (A) of this paragraph, including the number appearing on the document; and (iii) the name of the manufacturer, and the caliber and serial number, of the firearm; and (C) (i) the system has provided the licensee with a unique identification number; or (ii) 3 business days (meaning a day on which State offices are open) have elapsed since the licensee contacted the system, and the system has not notified the licensee that the firearm is stolen. (2) If the system determines that the information available to the system does not indicate that the firearm is stolen, the system shall— (A) assign a unique identification number to the transaction; and (B) provide the licensee with the number. (3) If the system notifies the licensee that the information available to the system indicates that the firearm is stolen, the licensee shall contact the Bureau of Alcohol, Tobacco, Firearms, and Explosives or another law enforcement agency having jurisdiction over possession of stolen firearms in the dealer’s location and shall comply with the instructions of any such agency concerning the disposition of the firearm, the gathering of information relating to the offeror of the firearm, and other assistance in the removal of the firearm from the stream of commerce. (4) If the licensee knowingly receives the firearm from the person and knowingly fails to comply with paragraph (1) with respect to the receipt and, at the time of the receipt, the system was operating and information was available to the system indicating that the firearm was stolen, the Attorney General may, after notice and opportunity for a hearing, suspend for not more than 6 months or revoke any license issued to the licensee under section 923, and may impose on the licensee a civil fine of not more than $5,000. (5) (A) This subsection shall not be interpreted to limit any exercise of authority under subsection (d)(1)(C) or (e) of section 923. (B) In the event of a conflict between the provisions of this subsection and a rule or regulation issued under section 923(j), the provisions of this subsection shall control. . (2) Recordkeeping requirement Section 923(g)(1)(A) of such title is amended by inserting after the 1st sentence the following: In the case of the receipt of a firearm pursuant to section 922(s), in addition to the requirements of such regulations, the importer, manufacturer, or dealer shall retain a record of the information described in section 922(s)(1)(B), a copy of the identification document referred to in section 922(s)(1)(A), and a record of the unique identification number provided to the licensee pursuant to section 922(s)(1)(C), with respect to the transaction. . 7. Additional penalty for possession of a firearm with an obliterated serial number during the commission of a felony Section 924 of title 18, United States Code, as amended by sections 2 and 5 of this Act, is amended by adding at the end the following: (s) Whoever, during and in relation to the commission of a crime punishable by imprisonment for a term exceeding 1 year, transports, possesses, or receives, in or affecting interstate or foreign commerce, a firearm which has had the importer’s or manufacturer’s serial number removed, obliterated, or altered, regardless of whether or not the person is aware of the removal, obliteration, or alteration, shall, in addition to the punishment provided for the crime so punishable, be sentenced to a term of imprisonment of not more than 5 years. . 8. Enhanced penalties for the use of a stolen firearm or a firearm with an obliterated serial number during the commission of a crime of violence or drug trafficking crime Section 924(c)(1)(A) of title 18, United States Code, is amended— (1) in clause (i), by inserting , or if the firearm was stolen or had the manufacturer’s serial number removed, obliterated, or altered, not less than 7 years after years ; (2) in clause (ii), by inserting , or if the firearm was stolen or had the manufacturer’s serial number removed, obliterated, or altered, not less than 9 years after years ; and (3) in clause (iii), by inserting , or if the firearm was stolen or had the manufacturer’s serial number removed, obliterated, or altered, not less than 12 years after years . | https://www.govinfo.gov/content/pkg/BILLS-113hr722ih/xml/BILLS-113hr722ih.xml |
113-hr-723 | I 113th CONGRESS 1st Session H. R. 723 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Langevin (for himself, Mr. Courtney , and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate a segment of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in the States of Connecticut and Rhode Island for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes.
1. Short title This Act may be cited as the Wood-Pawcatuck Watershed Protection Act . 2. Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers Study (a) Designation for study Section 5(a) of the Wild and Scenic Rivers Act ( 16 U.S.C. 1276(a) ) is amended by adding at the end the following: (__) Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers, Rhode Island and Connecticut The approximately 10-mile segment of the Beaver River from its headwaters in Exeter, Rhode Island, to its confluence with the Pawcatuck River; the approximately 5-mile segment of the Chipuxet River from Hundred Acre Pond to its outlet into Worden Pond; the approximately 10-mile segment of the upper Queen River from its headwaters to the Usquepaugh Dam in South Kingstown, Rhode Island, and including all its tributaries; the approximately 5-mile segment of the lower Queen (Usquepaugh) River from the Usquepaugh Dam to its confluence with the Pawcatuck River; the approximately 11-mile segment of the upper Wood River from its headwaters to Skunk Hill Road in Richmond and Hopkinton, Rhode Island, and including all its tributaries; the approximately 10-mile segment of the lower Wood River from Skunk Hill Road to its confluence with the Pawcatuck River; the approximately 28-mile segment of the Pawcatuck River from Worden Pond to Nooseneck Hill Road (RI Rte 3) in Hopkinton and Westerly, Rhode Island; and the approximately 7-mile segment of the lower Pawcatuck River from Nooseneck Hill Road to Pawcatuck Rock, Stonington, Connecticut, and Westerly, Rhode Island. . (b) Study and report Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: (__) Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers, Rhode Island and Connecticut Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall— (A) complete the study of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers, Rhode Island and Connecticut, described in subsection (a)(__); and (B) submit a report describing the results of that study to the appropriate committees of Congress. . | https://www.govinfo.gov/content/pkg/BILLS-113hr723ih/xml/BILLS-113hr723ih.xml |
113-hr-724 | I 113th CONGRESS 1st Session H. R. 724 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Latta (for himself and Mr. Peters of Michigan ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act to remove the requirement for dealer certification of new light-duty motor vehicles.
1. Removal of requirement for dealer certification of new light-duty motor vehicles Section 207(h) of the Clean Air Act (42 U.S.C. 7541(h)) is amended— (1) by striking paragraph (1); and (2) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. | https://www.govinfo.gov/content/pkg/BILLS-113hr724ih/xml/BILLS-113hr724ih.xml |
113-hr-725 | I 113th CONGRESS 1st Session H. R. 725 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Ms. Lee of California (for herself, Ms. Moore , Ms. Pingree of Maine , Mr. McDermott , Mrs. Davis of California , Mr. Clay , Ms. Norton , Ms. DeGette , Ms. Slaughter , Mr. Moran , Ms. Wasserman Schultz , Ms. Roybal-Allard , Mr. Grijalva , Ms. Bonamici , Ms. Clarke , Ms. Speier , Mr. Deutch , Mr. Blumenauer , Ms. Lofgren , Mr. Lewis , Ms. Chu , Mr. Rangel , Ms. McCollum , Mr. Honda , Mr. Nadler , Mr. Conyers , Mr. Holt , Ms. Waters , Mr. Hastings of Florida , Ms. Schakowsky , Mr. Larsen of Washington , Mrs. Christensen , and Mr. Sires ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 provide for the reduction of unintended pregnancy and sexually transmitted infections, including HIV, and the promotion of healthy relationships, and for other purposes.
1. Short title This Act may be cited as the Real Education for Healthy Youth Act of 2013 . 2. Purposes; Sense of Congress (a) Purposes The purposes of this Act are— (1) to provide young people with comprehensive sex education that— (A) provides the information and skills young people need to make informed, responsible, and healthy decisions in order to become sexually healthy adults and have healthy relationships; (B) provides information about the prevention of unintended pregnancy, sexually transmitted infections, including HIV, sexual assault, dating violence, bullying, and harassment; and (C) promotes and upholds the rights of young people to information in order to make healthy and responsible decisions about their sexual health; and (2) in order to provide the comprehensive sex education described in paragraph (1), to provide increased resources for sex education programs that— (A) are evidence-based, having been proven through rigorous evaluation to change sexual behavior or incorporate characteristics of effective programs; (B) cover a broad range of topics, including medically accurate, complete, age and developmentally appropriate information about all the aspects of sex needed for a complete sex education program, including— (i) anatomy and physiology; (ii) growth and development; (iii) healthy relationships; (iv) the prevention of unintended pregnancy and sexually transmitted infections, including HIV, through abstinence and contraception; (v) gender, gender identity, and sexual orientation; and (vi) protection from dating violence, sexual assault, bullying, and harassment; (C) are gender- and gender identity-sensitive, emphasizing the importance of equality and the social environment for achieving sexual and reproductive health and overall well-being; (D) promote educational achievement, critical thinking, decisionmaking, self-esteem, and self-efficacy; (E) help develop healthy attitudes and insights necessary for understanding relationships between oneself and others and society; (F) foster leadership skills and community engagement by— (i) promoting principles of fairness, human dignity, and respect; and (ii) engaging young people as partners in their communities; and (G) are culturally and linguistically appropriate, reflecting the diverse circumstances and realities of young people. (b) Sense of Congress It is the sense of Congress that— (1) federally funded sex education programs should aim to— (A) reduce unintended pregnancy and sexually transmitted infections, including HIV; (B) promote safe and healthy relationships; (C) use, and be informed by, the best scientific information available; (D) be built on characteristics of effective programs; (E) expand the existing body of evidence on comprehensive sex education programs through program evaluation; (F) expand training programs for teachers of comprehensive sex education; (G) build on the personal responsibility education programs funded under section 513 of the Social Security Act ( 42 U.S.C. 713 ) and the President’s Teen Pregnancy Prevention program, funded under title II of the Consolidated Appropriations Act, 2010 ( Public Law 111–117 ; 123 Stat. 3253); and (H) promote and uphold the rights of young people to information in order to make healthy and responsible decisions about their sexual health; and (2) no Federal funds should be used for health education programs that— (A) deliberately withhold life-saving information about HIV; (B) are medically inaccurate or have been scientifically shown to be ineffective; (C) promote gender stereotypes; (D) are insensitive and unresponsive to the needs of sexually active adolescents; (E) are insensitive and unresponsive to the needs of lesbian, gay, bisexual, or transgender youth; or (F) are inconsistent with the ethical imperatives of medicine and public health. 3. Grants for comprehensive sex education for adolescents (a) Program authorized The Secretary, in coordination with the Director of the Office of Adolescent Health, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out programs that provide adolescents with comprehensive sex education, as described in subsection (f). (b) Duration Grants awarded under this section shall be for a period of 5 years. (c) Eligible Entity In this section, the term eligible entity means a public or private entity that focuses on adolescent health or education or has experience working with adolescents, which may include— (1) a State educational agency; (2) a local educational agency; (3) a tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); (4) a State or local department of health; (5) a State or local department of education; (6) a nonprofit organization; (7) a nonprofit or public institution of higher education; or (8) a hospital. (d) Applications An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the evaluation plan described in subsection (g)(1). (e) Priority In awarding grants under this section, the Secretary shall give priority to eligible entities that— (1) are State or local public entities, with an additional priority for State or local educational agencies; and (2) address health disparities among young people that are at highest risk for not less than 1 of the following: (A) Unintended pregnancies. (B) Sexually transmitted infections, including HIV. (C) Dating violence and sexual assault. (f) Use of funds (1) In General Each eligible entity that receives a grant under this section shall use grant funds to carry out a program that provides adolescents with comprehensive sex education that— (A) replicates evidence-based sex education programs; (B) substantially incorporates elements of evidence-based sex education programs; or (C) creates a demonstration project based on generally accepted characteristics of effective sex education programs. (2) Contents of Sex Education Programs The sex education programs funded under this section shall include curricula and program materials that address— (A) abstinence and delaying sexual initiation; (B) the health benefits and side effects of all contraceptive and barrier methods as a means to prevent pregnancy and sexually transmitted infections, including HIV; (C) healthy relationships, including the development of healthy attitudes and skills necessary for understanding— (i) healthy relationships between oneself and family, others, and society; and (ii) the prevention of sexual abuse, teen dating violence, bullying, harassment, and suicide; (D) healthy life skills including goal-setting, decisionmaking, interpersonal skills (such as communication, assertiveness, and peer refusal skills), critical thinking, self-esteem and self-efficacy, and stress management; (E) how to make responsible decisions about sex and sexuality, including— (i) how to avoid, and how to avoid making, unwanted verbal, physical, and sexual advances; and (ii) how alcohol and drug use can affect responsible decisionmaking; (F) the development of healthy attitudes and values about such topics as adolescent growth and development, body image, gender roles and gender identity, racial and ethnic diversity, and sexual orientation; and (G) referral services for local health clinics and services where adolescents can obtain additional information and services related to sexual and reproductive health, dating violence and sexual assault, and suicide prevention. (g) Evaluation; Report (1) Independent Evaluation Each eligible entity applying for a grant under this section shall develop and submit to the Secretary a plan for a rigorous independent evaluation of such grant program. The plan shall describe an independent evaluation that— (A) uses sound statistical methods and techniques relating to the behavioral sciences, including random assignment methodologies, whenever possible; (B) uses quantitative data for assessments and impact evaluations, whenever possible; and (C) is carried out by an entity independent from such eligible entity. (2) Selection of evaluated programs; budget (A) Selection of Evaluated Programs The Secretary shall select, at random, a subset of the eligible entities that the Secretary has selected to receive a grant under this section to receive additional funding to carry out the evaluation plan described in paragraph (1). (B) Budget for Evaluation Activities The Secretary, in coordination with the Director of the Office of Adolescent Health, shall establish a budget for each eligible entity selected under subparagraph (A) for the costs of carrying out the evaluation plan described in paragraph (1). (3) Funds for evaluation The Secretary shall provide eligible entities who are selected under paragraph (2)(A) with additional funds, in accordance with the budget described in paragraph (2)(B), to carry out and report to the Secretary on the evaluation plan described in paragraph (1). (4) Performance Measures The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention, shall establish a common set of performance measures to assess the implementation and impact of grant programs funded under this section. Such performance measures shall include— (A) output measures, such as the number of individuals served and the number of hours of service delivery; (B) outcome measures, including measures relating to— (i) the knowledge that youth participating in the grant program have gained about— (I) adolescent growth and development; (II) relationship dynamics; (III) ways to prevent unintended pregnancy and sexually transmitted infections, including HIV; and (IV) sexual health; (ii) the skills that adolescents participating in the grant program have gained regarding— (I) negotiation and communication; (II) decisionmaking and goal-setting; (III) interpersonal skills and healthy relationships; and (IV) condom use; and (iii) the behaviors of adolescents participating in the grant program, including data about— (I) age of first intercourse; (II) number of sexual partners; (III) condom and contraceptive use at first intercourse; (IV) recent condom and contraceptive use; and (V) dating abuse and lifetime history of domestic violence, sexual assault, dating violence, bullying, harassment, and stalking. (5) Report to the Secretary Eligible entities receiving a grant under this section who have been selected to receive funds to carry out the evaluation plan described in paragraph (1), in accordance with paragraph (2)(A), shall collect and report to the Secretary— (A) the results of the independent evaluation described in paragraph (1); and (B) information about the performance measures described in paragraph (2). (6) Effective programs The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention, shall publish on the website of the Centers for Disease Control and Prevention, a list of programs funded under this section that the Secretary has determined to be effective programs. 4. Grants for comprehensive sex education at institutions of higher education (a) Program authorized The Secretary, in coordination with the Office of Adolescent Health and the Secretary of Education, shall award grants, on a competitive basis, to institutions of higher education to enable such institutions to provide young people with comprehensive sex education, described in subsection (e)(2), with an emphasis on reducing HIV, other sexually transmitted infections, and unintended pregnancy through instruction about— (1) abstinence and contraception; (2) reducing dating violence, sexual assault, bullying, and harassment; (3) increasing healthy relationships; and (4) academic achievement. (b) Duration Grants awarded under this section shall be for a period of 5 years. (c) Applications An institution of higher education desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (d) Priority In awarding grants under this section, the Secretary shall give priority to an institution of higher education that— (1) has an enrollment of needy students as defined in section 318(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059e(b) ); (2) is a Hispanic-serving institution, as defined in section 502(a) of such Act (20 U.S.C. 1101a(a)); (3) is a Tribal College or University, as defined in section 316(b) of such Act (20 U.S.C. 1059c(b)); (4) is an Alaska Native-serving institution, as defined in section 317(b) of such Act (20 U.S.C. 1059d(b)); (5) is a Native Hawaiian-serving institution, as defined in section 317(b) of such Act (20 U.S.C. 1059d(b)); (6) is a Predominately Black Institution, as defined in section 318(b) of such Act (20 U.S.C. 1059e(b)); (7) is a Native American-serving, nontribal institution, as defined in section 319(b) of such Act ( 20 U.S.C. 1059f(b) ); (8) is an Asian American and Native American Pacific Islander-serving institution, as defined in section 320(b) of such Act ( 20 U.S.C. 1059g(b) ); or (9) is a minority institution, as defined in section 365 of such Act ( 20 U.S.C. 1067k ), with an enrollment of needy students, as defined in section 312 of such Act (20 U.S.C. 1058). (e) Uses of funds (1) In general An institution of higher education receiving a grant under this section may use grant funds to integrate issues relating to comprehensive sex education into the academic or support sectors of the institution of higher education in order to reach a large number of students, by carrying out 1 or more of the following activities: (A) Developing educational content for issues relating to comprehensive sex education that will be incorporated into first-year orientation or core courses. (B) Developing and employing schoolwide educational programming outside of class that delivers elements of comprehensive sex education programs to students, faculty, and staff. (C) Creating innovative technology-based approaches to deliver sex education to students, faculty, and staff. (D) Developing and employing peer-outreach and education programs to generate discussion, educate, and raise awareness among students about issues relating to comprehensive sex education. (2) Contents of sex education programs Each institution of higher education's program of comprehensive sex education funded under this section shall include curricula and program materials that address information about— (A) safe and responsible sexual behavior with respect to the prevention of pregnancy and sexually transmitted infections, including HIV, including through— (i) abstinence; (ii) a reduced number of sexual partners; and (iii) the use of condoms and contraception; (B) healthy relationships, including the development of healthy attitudes and insights necessary for understanding— (i) relationships between oneself, family, partners, others, and society; and (ii) the prevention of sexual abuse, dating violence, bullying, harassment, and suicide; and (C) referral services to local health clinics where young people can obtain additional information and services related to sexual and reproductive health, dating violence and sexual assault, and suicide prevention. (3) Optional components of sex education Each institution of higher education's program of comprehensive sex education may also include information and skills development relating to— (A) how to make responsible decisions about sex and sexuality, including— (i) how to avoid, and avoid making, unwanted verbal, physical, and sexual advances; and (ii) how alcohol and drug use can affect responsible decisionmaking; (B) healthy life skills, including— (i) goal-setting and decisionmaking; (ii) interpersonal skills, such as communication, assertiveness, and peer refusal skills; (iii) critical thinking; (iv) self-esteem and self-efficacy; and (v) stress management; (C) the development of healthy attitudes and values about such topics as body image, gender roles and gender identity, racial and ethnic diversity, and sexual orientation; and (D) the responsibilities of parenting and the skills necessary to parent well. (f) Evaluation; Report The requirements described in section 3(g) shall also apply to eligible entities receiving a grant under this section in the same manner as such requirements apply to eligible entities receiving grants under section 3. 5. Grants for pre-service and in-service teacher training (a) Program authorized The Secretary, in coordination with the Director of the Centers for Disease Control and Prevention and the Secretary of Education, shall award grants, on a competitive basis, to eligible entities to enable such eligible entities to carry out the activities described in subsection (e). (b) Duration Grants awarded under this section shall be for a period of 5 years. (c) Eligible Entity In this section, the term eligible entity means— (1) a State educational agency; (2) a local educational agency; (3) a tribe or tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ); (4) a State or local department of health; (5) a State or local department of education; (6) a nonprofit institution of higher education; (7) a national or statewide nonprofit organization that has as its primary purpose the improvement of provision of comprehensive sex education through effective teaching of comprehensive sex education; or (8) a consortium of nonprofit organizations that has as its primary purpose the improvement of provision of comprehensive sex education through effective teaching of comprehensive sex education. (d) Application An eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Authorized Activities (1) Required Activity Each eligible entity receiving a grant under this section shall use grant funds to train targeted faculty and staff, in order to increase effective teaching of comprehensive sex education for elementary school and secondary school students. (2) Permissible Activities Each eligible entity receiving a grant under this section may use grant funds to— (A) strengthen and expand the eligible entity’s relationships with— (i) institutions of higher education; (ii) State educational agencies; (iii) local educational agencies; or (iv) other public and private organizations with a commitment to comprehensive sex education and the benefits of comprehensive sex education; (B) support and promote research-based training of teachers of comprehensive sex education and related disciplines in elementary schools and secondary schools as a means of broadening student knowledge about issues related to human development, relationships, personal skills, sexual behavior, sexual health, and society and culture; (C) support the dissemination of information on effective practices and research findings concerning the teaching of comprehensive sex education; (D) support research on— (i) effective comprehensive sex education teaching practices; and (ii) the development of assessment instruments and strategies to document— (I) student understanding of comprehensive sex education; and (II) the effects of comprehensive sex education; (E) convene national conferences on comprehensive sex education, in order to effectively train teachers in the provision of comprehensive sex education; and (F) develop and disseminate appropriate research-based materials to foster comprehensive sex education. (3) Subgrants Each eligible entity receiving a grant under this section may award subgrants to nonprofit organizations, State educational agencies, or local educational agencies to enable such organizations or agencies to— (A) train teachers in comprehensive sex education; (B) support Internet or distance learning related to comprehensive sex education; (C) promote rigorous academic standards and assessment techniques to guide and measure student performance in comprehensive sex education; (D) encourage replication of best practices and model programs to promote comprehensive sex education; (E) develop and disseminate effective, research-based comprehensive sex education learning materials; (F) develop academic courses on the pedagogy of sex education at institutions of higher education; or (G) convene State-based conferences to train teachers in comprehensive sex education and to identify strategies for improvement. 6. Report to Congress (a) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter for a period of 5 years, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the activities to provide adolescents and young people with comprehensive sex education funded under this Act. (b) Report elements The report described in subsection (a) shall include— (1) a statement of whether the Secretary has met the purposes described in section 2(a); and (2) information about— (A) the number of eligible entities and institutions of higher education that are receiving grant funds under sections 3 and 4 of this Act; (B) the specific activities supported by grant funds awarded under sections 3 and 4 of this Act; (C) the number of adolescents served by grant programs funded under section 3; (D) the number of young people served by grant programs funded under section 4; and (E) the status of program evaluations described under sections 3 and 4 of this Act. 7. Nondiscrimination Programs funded under this Act shall not discriminate on the basis of actual or perceived sex, race, color, ethnicity, national origin, disability, sexual orientation, gender identity, or religion. 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 any law of a State or a 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 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ), the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), and section 1557 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18116 ). 8. Limitation No Federal funds provided under this Act may be used for health education programs that— (1) deliberately withhold life-saving information about HIV; (2) are medically inaccurate or have been scientifically shown to be ineffective; (3) promote gender stereotypes; (4) are insensitive and unresponsive to the needs of sexually active youth or lesbian, gay, bisexual, or transgender youth; or (5) are inconsistent with the ethical imperatives of medicine and public health. 9. Amendments to other laws (a) Amendment to the Public Health Service Act Section 2500 of the Public Health Service Act ( 42 U.S.C. 300ee ) is amended by striking subsections (b) through (d) and inserting the following: (b) Contents of programs All programs of education and information receiving funds under this title shall include information about the harmful effects of intravenous substance abuse and unsafe sexual activity, and the benefits of abstaining from such activities. . (b) Amendments to the Elementary and Secondary Education Act of 1965 Section 9526(a) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7906(a)) is amended— (1) in paragraph (2), by inserting or after the semicolon; (2) in paragraph (3), by striking ; or and inserting a period; and (3) by striking paragraph (4). 10. Definitions In this Act: (1) ESEA Definitions The terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given the terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) Age and developmentally appropriate The term age and developmentally appropriate means suitable for a particular age or age group of children and adolescents, based on developing cognitive, emotional, and behavioral capacity typical for that age or age group. (3) Adolescents The term adolescents means individuals who are ages 10 through 19 at the time of commencement of participation in a program supported under this Act. (4) Characteristics of effective programs The term characteristics of effective programs means the aspects of evidence-based programs, including development, content, and implementation of such programs, that— (A) have been shown to be effective in terms of increasing knowledge, clarifying values and attitudes, increasing skills, and impacting upon behavior; and (B) are widely recognized by leading medical and public health agencies to be effective in changing sexual behaviors that lead to sexually transmitted infections, including HIV, unintended pregnancy, and dating violence and sexual assault among young people. (5) Comprehensive sex education The term comprehensive sex education means a program that— (A) includes age- and developmentally appropriate, culturally and linguistically relevant information on a broad set of topics related to sexuality including human development, relationships, decisionmaking, communication, abstinence, contraception, and disease and pregnancy prevention; (B) provides students with opportunities for developing skills as well as learning information; (C) is inclusive of lesbian, gay, bisexual, transgender, and heterosexual young people; and (D) aims to— (i) provide scientifically accurate and realistic information about human sexuality; (ii) provide opportunities for individuals to understand their own, their families’, and their communities’ values, attitudes, and insights about sexuality; (iii) help individuals develop healthy relationships and interpersonal skills; and (iv) help individuals exercise responsibility regarding sexual relationships, which includes addressing abstinence, pressures to become prematurely involved in sexual intercourse, and the use of contraception and other sexual health measures. (6) Evidence-based program The term evidence-based program means a sex education program that has been proven through rigorous evaluation to be effective in changing sexual behavior or incorporates elements of other sex education programs that have been proven to be effective in changing sexual behavior. (7) Institution of higher education The term institution of higher education has the meaning given the term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (8) Medically accurate and complete The term medically accurate and complete , when used with respect to a sex education program, means that— (A) the information provided through the program is verified or supported by the weight of research conducted in compliance with accepted scientific methods and is published in peer-reviewed journals, where applicable; or (B) (i) the program contains information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective, and complete; and (ii) the program does not withhold information about the effectiveness and benefits of correct and consistent use of condoms and other contraceptives. (9) Secretary The term Secretary means the Secretary of Health and Human Services. (10) Young people The term young people means individuals who are ages 10 through 24 at the time of commencement of participation in a program supported under this Act. 11. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary. | https://www.govinfo.gov/content/pkg/BILLS-113hr725ih/xml/BILLS-113hr725ih.xml |
113-hr-726 | I 113th CONGRESS 1st Session H. R. 726 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Ben Ray Luján of New Mexico (for himself, Ms. Hanabusa , Ms. Roybal-Allard , Mr. Moran , Mrs. Negrete McLeod , Ms. Slaughter , Ms. McCollum , and Mr. Pearce ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Native American Programs Act of 1974 to reauthorize a provision to ensure the survival and continuing vitality of Native American languages.
1. Reauthorization of Native American languages program Section 816(e) of the Native American Programs Act of 1974 ( 42 U.S.C. 2992d(e) ) is amended by striking 2008, 2009, 2010, 2011, and 2012 and inserting 2013 through 2017 . | https://www.govinfo.gov/content/pkg/BILLS-113hr726ih/xml/BILLS-113hr726ih.xml |
113-hr-727 | I 113th CONGRESS 1st Session H. R. 727 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Ben Ray Luján of New Mexico introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Agriculture , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To extend Forest Service and the Bureau of Land Management stewardship end result contracting authority, and for other purposes.
1. Short title This Act may be cited as the Forest Stewardship and Fire Fuels Reductions Act of 2013 . 2. Stewardship end result contracting authority (a) Extension of authority Subsection (a) of section 347 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (as contained in section 101(e) of division A of Public Law 105–277 ; 16 U.S.C. 2104 note), as most recently amended by section 323 of Public Law 108–7 (117 Stat. 275), is amended by striking Until September 30, 2013 and inserting Until September 30, 2023 . (b) Specified land management goal of projects Subsection (b) of such section is amended— (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (2) by inserting after paragraph (5) the following new paragraph: (6) restoration work, fire fuels reduction, and clearing overgrowth on snowpack watersheds; . | https://www.govinfo.gov/content/pkg/BILLS-113hr727ih/xml/BILLS-113hr727ih.xml |
113-hr-728 | I 113th CONGRESS 1st Session H. R. 728 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Ms. Wasserman Schultz , Mr. Conyers , Ms. Moore , Mr. Cicilline , Ms. Lee of California , Ms. Pingree of Maine , Ms. Hahn , Mr. Farr , Mr. Rangel , Mr. Nadler , Mr. Ellison , Ms. DeGette , Mr. Moran , Mr. Holt , and Mr. Peters of California ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To establish certain duties for pharmacies to ensure provision of Food and Drug Administration-approved contraception, and for other purposes.
1. Short title This Act may be cited as the Access to Birth Control Act . 2. Findings Congress finds as follows: (1) Family planning is basic health care for women. Access to contraception helps women prevent unintended pregnancy and control the timing and spacing of planned births. (2) Although the Centers for Disease Control and Prevention included family planning in its published list of the Ten Great Public Health Achievements in the 20th Century, the United States still has one of the highest rates of unintended pregnancies among industrialized nations. (3) Each year, 3,000,000 pregnancies, nearly half of all pregnancies, in the United States are unintended, and nearly half of unintended pregnancies end in abortion. (4) Women rely on prescription contraceptives for a range of medical purposes in addition to birth control, such as regulation of cycles and endometriosis. (5) The Food and Drug Administration has declared emergency contraception to be safe and effective in preventing unintended pregnancy and has approved over-the-counter access to some forms of emergency contraception for individuals aged 17 and older. (6) If taken soon after unprotected sex or primary contraceptive failure, emergency contraception can significantly reduce a woman’s chance of unintended pregnancy. (7) Emergency contraception is approved to prevent pregnancy. It will not work if a woman is already pregnant. (8) Access to legal contraception is a protected fundamental right in the United States and should not be impeded by one individual’s personal beliefs. (9) Reports of pharmacists refusing to fill prescriptions for contraceptives, including emergency contraceptives, have surfaced in States across the Nation, including Alabama, Arizona, California, the District of Columbia, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Oregon, Rhode Island, Tennessee, Texas, Washington, West Virginia, and Wisconsin. Since emergency contraception became available without a prescription for certain individuals, refusals to provide non-prescription emergency contraception have also been reported. 3. Duties of pharmacies to ensure provision of FDA-approved contraception Part B of title II of the Public Health Service Act ( 42 U.S.C. 238 et seq. ) is amended by adding at the end the following: 249. Duties of pharmacies to ensure provision of FDA-approved contraception (a) In General Subject to subsection (c), a pharmacy that receives Food and Drug Administration-approved drugs or devices in interstate commerce shall maintain compliance with the following: (1) If a customer requests a contraceptive that is in stock, the pharmacy shall ensure that the contraceptive is provided to the customer without delay. (2) If a customer requests a contraceptive that is not in stock and the pharmacy in the normal course of business stocks contraception, the pharmacy shall immediately inform the customer that the contraceptive is not in stock and without delay offer the customer the following options: (A) If the customer prefers to obtain the contraceptive through a referral or transfer, the pharmacy shall— (i) locate a pharmacy of the customer’s choice or the closest pharmacy confirmed to have the contraceptive in stock; and (ii) refer the customer or transfer the prescription to that pharmacy. (B) If the customer prefers for the pharmacy to order the contraceptive, the pharmacy shall obtain the contraceptive under the pharmacy’s standard procedure for expedited ordering of medication and notify the customer when the contraceptive arrives. (3) The pharmacy shall ensure that its employees do not— (A) intimidate, threaten, or harass customers in the delivery of services relating to a request for contraception; (B) interfere with or obstruct the delivery of services relating to a request for contraception; (C) intentionally misrepresent or deceive customers about the availability of contraception or its mechanism of action; (D) breach medical confidentiality with respect to a request for contraception or threaten to breach such confidentiality; or (E) refuse to return a valid, lawful prescription for contraception upon customer request. (b) Contraceptives not ordinarily stocked Nothing in subsection (a)(2) shall be construed to require any pharmacy to comply with such subsection if the pharmacy does not ordinarily stock contraceptives in the normal course of business. (c) Refusals Pursuant to Standard Pharmacy Practice This section does not prohibit a pharmacy from refusing to provide a contraceptive to a customer in accordance with any of the following: (1) If it is unlawful to dispense the contraceptive to the customer without a valid, lawful prescription and no such prescription is presented. (2) If the customer is unable to pay for the contraceptive. (3) If the employee of the pharmacy refuses to provide the contraceptive on the basis of a professional clinical judgment. (d) Rule of construction Nothing in this section shall be construed to invalidate or limit rights, remedies, procedures, or legal standards under title VII of the Civil Rights Act of 1964. (e) Preemption This section does not preempt any provision of State law or any professional obligation made applicable by a State board or other entity responsible for licensing or discipline of pharmacies or pharmacists, to the extent that such State law or professional obligation provides protections for customers that are greater than the protections provided by this section. (f) Enforcement (1) Civil penalty A pharmacy that violates a requirement of subsection (a) is liable to the United States for a civil penalty in an amount not exceeding $1,000 per day of violation, not to exceed $100,000 for all violations adjudicated in a single proceeding. (2) Private cause of action Any person aggrieved as a result of a violation of a requirement of subsection (a) may, in any court of competent jurisdiction, commence a civil action against the pharmacy involved to obtain appropriate relief, including actual and punitive damages, injunctive relief, and a reasonable attorney’s fee and cost. (3) Limitations A civil action under paragraph (1) or (2) may not be commenced against a pharmacy after the expiration of the 5-year period beginning on the date on which the pharmacy allegedly engaged in the violation involved. (g) Definitions In this section: (1) The term contraception or contraceptive means any drug or device approved by the Food and Drug Administration to prevent pregnancy. (2) The term employee means a person hired, by contract or any other form of an agreement, by a pharmacy. (3) The term pharmacy means an entity that— (A) is authorized by a State to engage in the business of selling prescription drugs at retail; and (B) employs one or more employees. (4) The term product means a Food and Drug Administration-approved drug or device. (5) The term professional clinical judgment means the use of professional knowledge and skills to form a clinical judgment, in accordance with prevailing medical standards. (6) The term without delay , with respect to a pharmacy providing, providing a referral for, or ordering contraception, or transferring the prescription for contraception, means within the usual and customary timeframe at the pharmacy for providing, providing a referral for, or ordering other products, or transferring the prescription for other products, respectively. (h) Effective Date This section shall take effect on the 31st day after the date of the enactment of this section, without regard to whether the Secretary has issued any guidance or final rule regarding this section. . | https://www.govinfo.gov/content/pkg/BILLS-113hr728ih/xml/BILLS-113hr728ih.xml |
113-hr-729 | I 113th CONGRESS 1st Session H. R. 729 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. McDermott (for himself and Mr. Higgins ) 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 exempt the National Institutes of Health from sequestration under section 251A for fiscal year 2013, and to reduce the sequestration by the amount of the exemption.
1. Short title This Act may be cited as the Medical Research Protection Act of 2013 . 2. NIH exemption from section 251A sequestration for FY 2013 Section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new paragraph: (12) NIH exemption No sequestration ordered by the President under this section for fiscal year 2013 shall apply to the National Institutes of Health (75–9915–0–1–552). . 3. Reduction in section 251A sequestration for FY 2013 by the amount of the NIH exemption Section 251A(3) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by striking and at the 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 new subparagraph: (F) for fiscal year 2013, further reducing the amount calculated under subparagraphs (A) through (D) by the amount that the National Institutes of Health would have been reduced if it were not exempt from sequestration. . | https://www.govinfo.gov/content/pkg/BILLS-113hr729ih/xml/BILLS-113hr729ih.xml |
113-hr-730 | I 113th CONGRESS 1st Session H. R. 730 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Mulvaney (for himself, Mr. Duncan of South Carolina , Mr. Guthrie , Mr. Fincher , Mr. Austin Scott of Georgia , Mr. Hanna , Mr. King of Iowa , Mr. Rooney , Mr. DeFazio , Mr. Hastings of Washington , Mr. Campbell , and Mr. Huizenga of Michigan ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To define urban rodent control for purposes of clarifying the control of nuisance mammals and birds carried out by the Wildlife Services program of the Animal and Plant Health Inspection Service and by the private sector, and for other purposes.
1. Short title This Act may be cited as the Pest Elimination Services Transparency and Terminology Act or the PESTT Act . 2. Urban rodent control defined Title I of the Rural Development, Agriculture, and Related Agencies Appropriations Act, 1988 ( Public Law 100–202 ; 101 Stat. 1329–331) is amended in the last proviso under the heading Animal and Plant Health Inspection Service—Salaries and Expenses ( 7 U.S.C. 426c ), by striking Animal Damage Control activities at the end and inserting Animal Damage Control activities, and the term urban rodent control means efforts to directly control any mammal in the order Rodentia in a location that is not an airport or in a rural area (as defined in section 520 of the Housing Act of 1949 ( 42 U.S.C. 1490 )) . 3. Report on activities of Wildlife Services program of the Animal and Plant Health Inspection Service Not later than October 1, 2013, the Comptroller General of the United States shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that— (1) identifies activities carried out by the Wildlife Services program of the Animal and Plant Health Inspection Service that can be carried out by entities with appropriate expertise and capacity in the private sector; (2) prioritizes the activities conducted by the Wildlife Services program that— (A) are vital to the protection of public health and safety and agricultural production; and (B) can be performed by the entities referred to in paragraph (1); and (3) recommends ways, including any necessary changes to Federal statutes, to avoid duplicative work being conducted by the Wildlife Services program and the private sector. | https://www.govinfo.gov/content/pkg/BILLS-113hr730ih/xml/BILLS-113hr730ih.xml |
113-hr-731 | I 113th CONGRESS 1st Session H. R. 731 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Radel (for himself, Ms. Frankel of Florida , Mr. Weber of Texas , Mr. Cotton , and Mr. Messer ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 to allow the Department of State to use a best-value contracting method in awarding local guard or protective service contracts in high risk areas abroad under the diplomatic security program.
1. Short title This Act may be cited as the Protecting Americans Abroad Act . 2. Diplomatic security program contracting Section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 ( 22 U.S.C. 4864 ) is amended— (1) in subsection (c)— (A) in the matter preceding paragraph (1), by striking With respect and inserting Except as provided in subsection (d), with respect ; and (B) in paragraph (3), by striking subsection (d) and inserting subsection (e) ; (2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively; (3) by inserting after subsection (c) the following new subsection: (d) Award of local guard and protective service contracts in high risk areas With respect to any local guard contract for a Foreign Service building located in a high risk area that is entered into after the date of the enactment of this subsection, the Secretary of State— (1) shall comply with paragraphs (1), (2), (4), (5), and (6) of subsection (c) in the award of the contract; (2) after evaluating proposals for the contract, may award the contract to the firm representing the best value to the Government in accordance with the best value tradeoff process described in subpart 15.1 of the Federal Acquisition Regulation (48 C.F.R. 15.101–1); and (3) shall ensure that contractor personnel under the contract providing local guard or protective services are classified— (A) as employees of the contractor; (B) if the contractor is a joint venture, as employees of one of the persons or parties constituting the joint venture; or (C) as employees of a subcontractor to the contractor, and not as independent contractors to the contractor or any other entity performing under such contracts. ; and (4) in subsection (e), as redesignated by paragraph (2) of this section— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new paragraph: (5) the term high risk area means an area determined by the Assistant Secretary of Diplomatic Security to present an increased threat of serious damage or harm to United States diplomatic facilities or personnel. . | https://www.govinfo.gov/content/pkg/BILLS-113hr731ih/xml/BILLS-113hr731ih.xml |
113-hr-732 | I 113th CONGRESS 1st Session H. R. 732 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Ms. Ros-Lehtinen (for herself, Mrs. Black , Mr. Boustany , Mr. Brady of Texas , Mr. Franks of Arizona , Mr. Jones , Mr. DesJarlais , Mr. Crenshaw , Mr. Lipinski , Mr. Marchant , Mr. King of Iowa , Mr. Griffith of Virginia , Mr. Neugebauer , Mr. Chabot , Mr. Cole , Mr. Hall , Mr. Garrett , Mr. Mica , Mr. Smith of New Jersey , Mr. Fincher , Mr. Pompeo , Mr. Wittman , Mr. Poe of Texas , Mr. Diaz-Balart , Mr. Griffin of Arkansas , Mr. Stivers , Mr. Carter , Mr. Rodney Davis of Illinois , Mrs. Hartzler , Mr. Nunnelee , Mr. Walberg , Mr. Ribble , Mr. Mulvaney , Mr. Lamborn , Mr. Benishek , Mr. Fleming , Mr. Calvert , Mr. Kelly , Mr. Palazzo , Mr. Wenstrup , Mr. Hultgren , Mr. Jordan , Mr. Pearce , Mr. Wilson of South Carolina , Mr. Guthrie , Mr. Westmoreland , Mr. McClintock , Mrs. Blackburn , Mr. Huelskamp , Mr. Conaway , Mr. Terry , Mr. Miller of Florida , Mr. Shuster , Mr. Bilirakis , Mr. Tiberi , Mr. Huizenga of Michigan , Mr. Rogers of Kentucky , Mr. Latta , Mr. King of New York , Mr. Olson , Mr. Graves of Missouri , Mr. Hensarling , Mr. Rahall , Mr. Turner , Mrs. Bachmann , Mr. Alexander , Mr. Murphy of Pennsylvania , Mr. Mullin , and Mr. Scalise ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions.
1. Short title This Act may be cited as the Child Interstate Abortion Notification Act . 2. Transportation of minors in circumvention of certain laws relating to abortion Title 18, United States Code, is amended by inserting after chapter 117 the following: 117A TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion. 2432. Transportation of minors in circumvention of certain laws relating to abortion. 2431. Transportation of minors in circumvention of certain laws relating to abortion (a) Offense (1) Generally Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that such minor obtain an abortion, and thereby in fact abridges the right of a parent under a law requiring parental involvement in a minor’s abortion decision, in force in the State where the minor resides, shall be fined under this title or imprisoned not more than one year, or both. (2) Definition For the purposes of this subsection, an abridgement of the right of a parent occurs if an abortion is performed or induced on the minor, in a State or a foreign nation other than the State where the minor resides, without the parental consent or notification, or the judicial authorization, that would have been required by that law had the abortion been performed in the State where the minor resides. (b) Exceptions (1) The prohibition of subsection (a) does not apply if the abortion was necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. (2) A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 of this title based on a violation of this section. (c) Affirmative Defense It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant— (1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required by the law requiring parental involvement in a minor’s abortion decision, had the abortion been performed in the State where the minor resides; or (2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor’s State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. (d) Civil Action Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). (e) Definitions For the purposes of this section— (1) the term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device— (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or to remove a dead unborn child; (2) the term law requiring parental involvement in a minor’s abortion decision means a law— (A) requiring, before an abortion is performed on a minor, either— (i) the notification to, or consent of, a parent of that minor; or (ii) proceedings in a State court; and (B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; (3) the term minor means an individual who is not older than the maximum age requiring parental notification or consent, or proceedings in a State court, under the law requiring parental involvement in a minor’s abortion decision; (4) the term parent means— (A) a parent or guardian; (B) a legal custodian; or (C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, who is designated by the law requiring parental involvement in the minor’s abortion decision as a person to whom notification, or from whom consent, is required; and (5) the term State includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation. 2432. Transportation of minors in circumvention of certain laws relating to abortion Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that such minor obtain an abortion, shall be fined under this title or imprisoned not more than one year, or both. For the purposes of this section, the terms State , minor , and abortion have, respectively, the definitions given those terms in section 2435. . 3. Child interstate abortion notification Title 18, United States Code, is amended by inserting after chapter 117A the following: 117B CHILD INTERSTATE ABORTION NOTIFICATION Sec. 2435. Child interstate abortion notification. 2435. Child interstate abortion notification (a) Offense (1) Generally A physician who knowingly performs or induces an abortion on a minor in violation of the requirements of this section shall be fined under this title or imprisoned not more than one year, or both. (2) Parental notification A physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed must provide, or cause his or her agent to provide, at least 24 hours actual notice to a parent of the minor before performing the abortion. If actual notice to such parent is not accomplished after a reasonable effort has been made, at least 24 hours constructive notice must be given to a parent before the abortion is performed. (b) Exceptions The notification requirement of subsection (a)(2) does not apply if— (1) the abortion is performed or induced in a State that has, in force, a law requiring parental involvement in a minor’s abortion decision and the physician complies with the requirements of that law; (2) the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor’s State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion; (3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect; (4) the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, but an exception under this paragraph does not apply unless the attending physician or an agent of such physician, within 24 hours after completion of the abortion, notifies a parent in writing that an abortion was performed on the minor and of the circumstances that warranted invocation of this paragraph; or (5) the minor is physically accompanied by a person who presents the physician or his agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor. (c) Civil Action Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor subject to subsection (a). (d) Definitions For the purposes of this section— (1) the term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device— (A) to intentionally kill the unborn child of a woman known to be pregnant; or (B) to intentionally prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to increase the probability of a live birth or of preserving the life or health of the child after live birth, or to remove a dead unborn child; (2) the term actual notice means the giving of written notice directly, in person, by the physician or any agent of the physician; (3) the term constructive notice means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, days on which mail is not delivered excluded; (4) the term law requiring parental involvement in a minor’s abortion decision means a law— (A) requiring, before an abortion is performed on a minor, either— (i) the notification to, or consent of, a parent of that minor; or (ii) proceedings in a State court; (B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity who is not described in that subparagraph; (5) the term minor means an individual who has not attained the age of 18 years and who is not emancipated under the law of the State in which the minor resides; (6) the term parent means— (A) a parent or guardian; (B) a legal custodian; or (C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides; as determined by State law; (7) the term physician means a doctor of medicine legally authorized to practice medicine by the State in which such doctor practices medicine, or any other person legally empowered under State law to perform an abortion; and (8) the term State includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian tribe or reservation. . 4. Clerical amendment The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items: 117A. Transportation of minors in circumvention of certain laws relating to abortion 2431 117B. Child interstate abortion notification 2435 . 5. Severability and effective date (a) The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b) This Act and the amendments made by this Act shall take effect 45 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr732ih/xml/BILLS-113hr732ih.xml |
113-hr-733 | I 113th CONGRESS 1st Session H. R. 733 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Runyan (for himself and Mr. Walz ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to provide certain employees of Members of Congress and certain employees of State or local governmental agencies with access to case-tracking information of the Department of Veterans Affairs.
1. Short title This Act may be cited as the Access to Veterans Benefits Improvement Act . 2. Provision of access to case-tracking information (a) In general Chapter 59 of title 38, United States Code, is amended by adding at the end the following: 5906. Provision of access to case-tracking information (a) In general (1) In accordance with subsection (b), the Secretary shall provide a covered employee with access to the case-tracking system to provide a veteran with information regarding the status of a claim submitted by such veteran, regardless of whether such employee is acting under a power of attorney executed by such veteran. (2) In providing a covered employee with access to the case-tracking system under paragraph (1), the Secretary shall ensure— (A) that such access— (i) is provided in a manner that does not allow such employee to modify the data contained in such system; and (ii) does not include access to medical records; and (B) that each time a covered employee accesses such system, the employee must certify that such access is for official purposes only. (b) Privacy certification course The Secretary may not provide a covered employee with access to the case-tracking system under subsection (a)(1) unless the covered employee has successfully completed a certification course on privacy issues provided by the Secretary. (c) Treatment of disclosure The access to information by a covered employee pursuant to subsection (a)(1) shall be deemed to be— (1) a covered disclosure under section 552a(b) of title 5; and (2) a permitted disclosure under regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (d) Definitions In this section: (1) The term case-tracking system means the system of the Department of Veterans Affairs that provides information regarding the status of a claim submitted by a veteran. (2) The term covered employee means— (A) an employee of a Member of Congress who assists the constituents of the Member with issues regarding departments or agencies of the Federal Government; or (B) an employee of a State or local governmental agency (including a veterans service officer) who, in the course of carrying out the responsibilities of such employment, assists veterans with claims for any benefit under the laws administered by the Secretary. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 5906. Provision of access to case-tracking information. . | https://www.govinfo.gov/content/pkg/BILLS-113hr733ih/xml/BILLS-113hr733ih.xml |
113-hr-734 | I 113th CONGRESS 1st Session H. R. 734 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Stivers (for himself and Mr. Peters of Michigan ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To create jobs and promote fair trade by increasing duties on certain foreign goods imported into the United States.
1. Short title This Act may be cited as the Creating Manufacturing Jobs and Promoting Fair Trade Act . 2. Polyurethane sponges Subheading 3921.13.50 of the Harmonized Tariff Schedule of the United States is amended in the general rate of duty column by striking 4.2% and inserting 6.5% . 3. Steel wool cleaning pads Subheading 7323.10.00 of the Harmonized Tariff Schedule of the United States is amended— (1) in the general rate of duty column, by striking Free and inserting 20% ; and (2) in the special rate of duty column, by inserting the following: Free (A, AU, BH, CA, CL, CO, E, IL, J, JO, KR, MA, MX, OM, P, PA, PE, SG) . 4. Effective date The amendments made by this Act shall apply to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr734ih/xml/BILLS-113hr734ih.xml |
113-hr-735 | I 113th CONGRESS 1st Session H. R. 735 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Thompson of Mississippi introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Homeland Security , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To enhance homeland security, including domestic preparedness and collective response to terrorism, by improving the Federal Protective Service, and for other purposes.
1. Short title This Act may be cited as the Federal Protective Service Improvement and Accountability Act of 2013 . 2. Federal Protective Service inspectors and contract oversight force Section 1315 of title 40, United States Code, is amended by redesignating subsections (c) through (e) as subsections (f) through (h), and by inserting after subsection (b) the following new subsections: (c) Inspectors (1) In general The Secretary shall maintain no fewer than 1,350 full-time equivalent positions in the Federal Protective Service inspector force, who shall be fully trained Federal law enforcement officers. (2) Classification The Secretary shall classify the positions in the inspector force in the following 2 functional categories: (A) Facility security assessment Federal Facility Security Officers, who shall be responsible for— (i) performing facility security assessments, including contract guard post inspections; (ii) making security countermeasure recommendations for facilities; (iii) participating in security training and disseminating homeland security information, consistent with applicable protocols and protections, to building occupants and facility security guards, including contract guards; and (iv) assessing, on an ongoing basis, the security of each facility protected by the Federal Protective Service and the extent to which security countermeasure recommendations have been implemented for each such facility. (B) Security enforcement and investigations Law enforcement officers, who shall be responsible for— (i) patrolling and on-site monitoring of the physical security, including perimeter security, of each facility; (ii) investigations; and (iii) physical law enforcement in the event of a terrorist attack, security incident, or other incident. (d) Contract oversight (1) In general The Secretary shall establish the Federal Protective Service contract oversight force, which shall consist of full-time equivalent positions and who shall be responsible for, in coordination with the Federal Protective Service inspector force— (A) monitoring contracts, contractors, and contract guards provided by contractors; (B) performing annual evaluations of the persons holding contracts for supplying contract guards to the Federal Protective Service; and (C) verifying that contract guards have necessary training and certification. (2) Limitation on performance of functions The contract oversight functions described in paragraph (1) shall not be performed by law enforcement officers or individuals employed pursuant to subsection (c). (e) Uniform minimum standards (1) In general Not later than one year after the date of enactment of the Federal Protective Service Improvement and Accountability Act of 2013 , the Secretary shall establish minimum training and certification standards for security guard services at facilities protected by the Federal Protective Service. (2) Limitation Upon establishment of minimum training and certification standards, the Secretary, acting through the Director of the Federal Protective Service, shall require that all contracts for security guard services comply with these standards. . 3. Compliance with Interagency Security Committee minimum security standards It is the sense of Congress that the security standards for Federal facilities established by the Interagency Security Committee in the document entitled Physical Security Criteria for Federal Facilities: An Interagency Security Committee Standard , as approved by concurrence of the Committee membership on April 12, 2010, should be implemented for all Federal facilities for which they were issued. 4. Research (a) In general Within 6 months after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Director of the Federal Protective Service, shall commence a 1-year pilot program to research the advantages of converting guard positions at the highest-risk Federal facilities protected by the Federal Protective Service from contract guard positions to positions held by Federal employees. (b) Requirements At a minimum, the Secretary shall conduct the research pilot program at one level III facility and one level IV facility in each of Federal Protective Service regions I, III, V, and VII by hiring individuals to fill guard positions at each facility that participates in the research pilot in accordance with subsection (c). (c) Federal facility security guard position (1) In general For purposes of this section, and subject to the availability of appropriations, the Secretary, acting through the Director, shall establish and hire individuals for a Federal facility security guard position. (2) Training The Secretary shall provide to individuals employed in that position training in— (A) performing the physical security for a Federal facility, including access point controls and security countermeasure operations; (B) participating in information sharing and dissemination of homeland security information, consistent with applicable protocols and protections; and (C) responding to specific security incidents, including preparing for and responding to an act of terrorism, that can occur at Federal facilities, including response with force if necessary. (3) Law enforcement officers not required The Secretary may not require that individuals employed in such position be Federal law enforcement officers. (d) Temporary assignments The Secretary may assign, on a temporary basis, existing personnel employed by the Federal Protective Service, on a temporary basis, to facilities that participate in the research pilot program to perform security guard services in furtherance of the pilot program, if the Secretary determines that individuals cannot be hired and trained pursuant to subsection (c) in a timely manner. (e) Maintenance of law enforcement personnel Notwithstanding any other provision of this section, the Secretary shall maintain at each highest-risk Federal facility protected by the Federal Protective Service (level III and level IV facilities) such number of Federal law enforcement officers as is necessary to provide arrest authority and law enforcement support at that facility, including support for the Federal facility security guards employed under this section, in the event of a terrorist attack, security incident or other incident. (f) GAO reports The Comptroller General of the United States shall— (1) periodically review and report to Congress on the performance by Federal facility security guards under the pilot program; and (2) upon completion of the pilot program, submit a final report to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate evaluating whether or not the performance of individuals in the Federal facility security guard positions was satisfactory, that— (A) evaluates— (i) the extent to which the Federal Protective Service ensures that individuals serving in the Federal facility security guard capacity have the required training and certifications before being deployed to a Federal facility; (ii) the extent to which the Federal Protective Service ensures that individuals in the Federal facility security guard capacity comply with post orders once they are deployed at Federal facilities; and (iii) the extent to which security vulnerabilities exist that the Comptroller General determines are related to the performance of the functions of the Federal security guard positions; and (B) compares such evaluation results against the results of previous Comptroller General reports evaluating the performance and oversight of the Federal Protective Service’s contract guard program. (g) Implementation If the Comptroller General states in the final report under subsection (f)(2) that the Federal facility security guards employed in the position established under subsection (c) are performing satisfactorily, the Secretary shall replace contract guards at all highest risk Federal facilities protected by the Federal Protective Service (level III and level IV facilities) with Federal employees hired as Federal facility security guards. (h) GAO evaluation of the Federal Protective Service fee-Based funding system The Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a review the fee-based funding system in use by the Federal Protective Service and, as appropriate, issue recommendations for alternative approaches to fund the agency in furtherance of the agency’s operations, including the execution of its homeland security and protection missions. The review shall include— (1) an assessment of the extent to which the current fee-based system fully funds the agency’s activities; (2) an assessment of the extent to which the system is properly designed to ensure that the fees charged to occupants of facilities guarded by the agency are sufficient and appropriate; (3) an assessment of the extent to which the fee-based system impedes the agency from executing its operations and implementing oversight, inspections, and security enhancements; and (4) recommendations, as appropriate, for alterations to the current system and alternative funding approaches (including a mix of fees and appropriations). (i) Authorization of Appropriations There are authorized to be appropriated for fiscal years 2014, 2015, and 2016 such sums as are necessary for purposes of this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr735ih/xml/BILLS-113hr735ih.xml |
113-hr-736 | I 113th CONGRESS 1st Session H. R. 736 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Welch (for himself, Mr. Costa , Mr. Cicilline , Mr. Sires , Ms. Schakowsky , Mrs. Davis of California , Mr. Ellison , and Ms. Bonamici ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To provide for the expansion of affordable refinancing of mortgages held by the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation.
1. Short title This Act may be cited as the Responsible Homeowner Refinancing Act of 2013 . 2. Definitions In this Act— (1) the term current borrower means a mortgagor who is current on the subject mortgage at the time of the refinancing, and has had no late payments in the preceding 6 months and not more than 1 late payment in the preceding 12 months; (2) the term eligible mortgage means any mortgage, regardless of current loan-to-value, that— (A) is an existing first mortgage that was made for purchase of, or refinancing of another first mortgage on, a 1- to 4-family dwelling, including a condominium or a share in a cooperative ownership housing association; (B) was originated or refinanced on or before May 31, 2009, unless that date is extended by the Director under FHFA’s preexisting authority to do so; (C) is owned or guaranteed by an enterprise; and (D) with respect to which, the mortgagor is a current borrower; (3) the term enterprise means the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation; (4) the terms FHFA and Director mean the Federal Housing Finance Agency and the Director thereof, respectively; (5) the terms Home Affordable Refinance Program and Program mean the Home Affordable Refinance Program, administered by the FHFA and the enterprises as part of the Making Home Affordable initiative announced on March 4, 2009; (6) the term— (A) LTV means loan-to-value, or the ratio of the amount of the primary mortgage on a property to the value of that property; and (B) CLTV means combined loan-to-value, or the ratio of all mortgage debt on a property to the value of the property; (7) the term same servicer means a lender that is providing refinancing for a borrower whose loan they already service; (8) the term qualified lender means a lender that is participating in the Program; (9) the term guarantee fee has the same meaning as in section 1327(a) of the Housing and Community Development Act of 1992 ( 12 U.S.C. 4547(a) ); and (10) the term average fees means the average contractual fee rate of single-family guaranty arrangements charged by an enterprise on January 1, 2013, plus the recognition of any up-front cash payments over an estimated average life, expressed in terms of basis points, such definition to be interpreted in a manner consistent with the annual report on guarantee fees by the FHFA. 3. Streamlined refinancing criteria under the program (a) In general In carrying out the Home Affordable Refinance Program, each enterprise shall adopt and adhere to the criteria established under this section. (b) Borrower eligibility The enterprises shall include as eligible borrowers in the Home Affordable Refinance Program all current borrowers who have an eligible mortgage and meet those underwriting requirements for eligibility for same servicer refinancing in the Program as of January 1, 2013, except that the enterprises may not disqualify or impose varying rules within the Program for borrowers based on LTV, CLTV, employment status or income. (c) Additional relief from representations and warranties The enterprises shall not require of any qualified lender executing a loan under the Program any representations or warranties— (1) for the value, marketability, condition, or property type of the loan, as such loan characteristics are evidenced by an appraisal or alternative valuation method, provided that the lender complies with the enterprises’ required methods and standards for ordering an appraisal under the Program; or (2) that are not required of same servicers under the Program as of January 1, 2013, whether that loan is manually underwritten or underwritten through an automated system, except that, under no circumstances shall greater representations and warranties be required for a loan that is manually underwritten than for one that is underwritten through an automated system. (d) Prohibition on up-Front fees In carrying out the Program, the enterprises may not charge the qualified lender any loan level price adjustment, post settlement delivery fee, adverse delivery charge, or other similar up-front fee. (e) Appraisals The enterprises shall develop and allow alternative streamlined methods to determine the value of the property for which refinancing is sought through the Program that eliminate the costs to the borrower and qualified lender associated with such determination. Until such time as such method is developed, and when the existing automated valuation models of the enterprises are unable to determine the value of a certain property for which refinancing is sought through the Program, the enterprises shall bear the costs associated with the use of manual appraisal of that property, without passing on such costs to the borrower or qualified lender. (f) Limitation Notwithstanding any provision of the Federal National Mortgage Association Charter Act (12 U.S.C. 1716 et seq.) or the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1451 et seq.), an enterprise may purchase or guarantee any new mortgage resulting from the refinancing of an eligible mortgage pursuant to this section, if at the time of origination of the eligible mortgage, the eligible mortgage complied with the applicable limitation governing the maximum original principal obligation on conventional mortgages that may be purchased or guaranteed by that enterprise. (g) Guarantee fees (1) In general (A) Average fee On each mortgage refinanced under the Program in accordance with this section, the enterprises shall set the average fee required under this Act, as determined by the Director in an amount not less than the average fees charged by the enterprises as of January 1, 2013, for such guarantees. The Director shall prohibit an enterprise from offsetting the cost of the fee to the mortgage originators, borrowers, and investors by decreasing other charges, fees, or premiums, or in any other manner. (B) Authority to limit offer of guarantee The Director shall prohibit an enterprise from consummating any offer for a guarantee to a qualified lender for mortgage-backed securities, if the guarantee is inconsistent with the requirements of this section. (2) Information collection and analysis The Director shall require each enterprise to provide to the Director, as part of its annual report submitted to Congress, for loans refinanced under the Program— (A) a description of changes made to up-front fees and annual fees as part of the guarantee fees negotiated with qualified lenders; and (B) an assessment of how the changes in the guarantee fees described in subparagraph (A) met the requirements of paragraph (1). (h) Regulations Not later than 30 days after the date of enactment of this Act, the Director shall issue any regulations or guidance necessary to carry out the changes to the Program established under this section, which regulations or guidance shall be put into effect not later than 90 days after the date of enactment of this Act. (i) Termination The Program shall expire on December 31, 2014 and the requirements of this section shall expire concurrent with the expiration of the Program. Notwithstanding the prior sentence, the Director, at his or her discretion, may extend the Program and the requirements established under this section shall apply during any such extension. (j) Rule of construction (1) In general Nothing in this section shall be construed to supersede, preempt, or otherwise nullify the requirement that a loan refinanced under the Program must benefit the borrower. (2) Definition For purposes of paragraph (1), a loan refinanced under the Program benefits the borrower, if the refinanced loan results in— (A) reduction in payment; (B) reduction in interest rate; (C) movement to a more stable product, such as from an adjustable rate mortgage to a fixed rate mortgage; or (D) reduction in amortization term. 4. Information for borrowers on eligibility for the program (a) Notice to borrowers Not later than 60 days after the date of enactment of this Act, the enterprises shall notify all borrowers with a mortgage owned or guaranteed by an enterprise about the Program and its eligibility criteria, and inform borrowers of the website required under subsection (b). (b) Public access to eligibility criteria The Director shall establish, and the enterprises shall display a link on their homepages to, a single website where borrowers may— (1) determine their potential eligibility for participation in the Program; (2) see a complete list of and links to qualified lenders; (3) use a mortgage refinance calculator to calculate potential payment savings based on different interest rates; and (4) obtain tips on refinancing their loan. 5. Consistent refinancing guidelines required Not later than 60 days after the date of enactment of this Act, the Director shall issue guidance to require the enterprises to make their refinancing guidelines consistent to ease the compliance requirements of qualified lenders, and in particular with respect to loans with less than an 80 percent loan-to-value ratio and closing cost policies of the enterprises, which regulations or guidance shall be put into effect not later than 90 days after the date of enactment of this Act. 6. Progress reports The Director shall provide to Congress monthly reports on the progress of the Program, and each enterprise shall include and disclose, as part of its filings with the Securities and Exchange Commission on Form 10–Q, Form 10–K, or any successors thereto, detailed information on each enterprise’s progress and results in implementing and executing the Program. 7. Severability If any portion of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the portions or applications of this Act which can be given effect without the invalid portion or application. | https://www.govinfo.gov/content/pkg/BILLS-113hr736ih/xml/BILLS-113hr736ih.xml |
113-hr-737 | I 113th CONGRESS 1st Session H. R. 737 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Ms. Wilson of Florida (for herself and Ms. Brown of Florida ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To establish a national catastrophic risk consortium to ensure the availability and affordability of homeowners’ insurance coverage for catastrophic events.
1. Short title; table of contents (a) Short title This Act may be cited as the Homeowners’ Defense 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 and purposes. Sec. 3. Establishment; status; principal office; membership. Sec. 4. Functions. Sec. 5. Powers. Sec. 6. Nonprofit entity; conflicts of interest; audits. Sec. 7. Management. Sec. 8. Staff; experts and consultants. Sec. 9. Federal liability. Sec. 10. Authorization of appropriations. 2. Findings and purposes (a) Findings The Congress finds that— (1) the United States has a history of catastrophic natural disasters, including hurricanes, tornadoes, flood, fire, earthquakes, and volcanic eruptions; (2) although catastrophic natural disasters occur infrequently, they will continue to occur and are predictable; (3) such disasters generate large economic losses and a major component of those losses comes from damage and destruction to homes; (4) for the majority of Americans, their investment in their home represents their single biggest asset and the protection of that investment is paramount to economic and social stability; (5) the United States needs to take and support State actions to be better prepared for and better protected from catastrophes; (6) as the risk of catastrophic losses grows, so do the risks that any premiums collected by private insurers for extending coverage will be insufficient to cover future catastrophes, and private insurers, in an effort to protect their shareholders and policyholders (in the case of mutually owned companies), have thus significantly raised premiums and curtailed insurance coverage in States exposed to major catastrophes; (7) such effects on the insurance industry have been harmful to economic activity in States exposed to major catastrophes and have placed significant burdens on residents of such States; (8) Hurricanes Katrina, Rita, and Wilma struck the United States in 2005, causing over $200,000,000,000 in total economic losses, and insured losses to homeowners in excess of $50,000,000,000; (9) while the total costs of Hurricane Sandy have not yet been calculated, Fitch Ratings, a global credit ratings agency, has estimated that insured losses will amount to between $20,000,000,000 and $25,000,000,000; (10) the Federal Government has provided and will continue to provide resources to pay for losses from future catastrophes; and (11) it is the proper role of the Federal Government to prepare for and protect its citizens from catastrophes and to facilitate consumer protection, victim assistance, and recovery, including financial recovery. (b) Purposes The purpose of this Act is to establish a national catastrophic risk consortium to ensure the availability and affordability of homeowners’ insurance coverage for catastrophic events. 3. Establishment; status; principal office; membership (a) Establishment There is established an entity to be known as the National Catastrophe Risk Consortium (in this Act referred to as the Consortium ). (b) Status The Consortium is not a department, agency, or instrumentality of the United States Government. (c) Principal office The principal office and place of business of the Consortium shall be such location within the United States determined by the Board of Directors to be the most advantageous for carrying out the purpose and functions of the Consortium. (d) Membership Any State that has established a reinsurance fund or has authorized the operation of a State residual insurance market entity, or State-sponsored provider of natural catastrophe insurance, shall be eligible to participate in the Consortium. 4. Functions The Consortium shall— (1) work with all States, particularly those participating in the Consortium, to gather and maintain an inventory of catastrophe risk obligations held by State reinsurance funds, State residual insurance market entities, and State-sponsored providers of natural catastrophe insurance; (2) at the discretion of the affected members and on a conduit basis, issue securities and other financial instruments linked to the catastrophe risks insured or reinsured through members of the Consortium in the capital markets; (3) coordinate reinsurance contracts between participating, qualified reinsurance funds and private parties; (4) act as a centralized repository of State risk information that can be accessed by private-market participants seeking to participate in the transactions described in paragraphs (2) and (3) of this section; (5) establish a catastrophe risk database to perform research and analysis that encourages standardization of the risk-linked securities market; (6) perform any other functions, other than assuming risk or incurring debt, that are deemed necessary to aid in the transfer of catastrophe risk from participating States to private parties; and (7) submit annual reports to Congress describing the activities of the Consortium for the preceding year, and the first such annual report shall include an assessment of the costs to States and regions associated with catastrophe risk and an analysis of the costs and benefits, for States not participating in the Consortium, of such nonparticipation. 5. Powers The Consortium— (1) may make and perform such contracts and other agreements with any individual or other private or public entity however designated and wherever situated, as may be necessary for carrying out the functions of the Consortium; and (2) shall have such other powers, other than the power to assume risk or incur debt, as may be necessary and incident to carrying out this Act. 6. Nonprofit entity; conflicts of interest; audits (a) Nonprofit entity The Consortium shall be a nonprofit entity and no part of the net earnings of the Consortium shall inure to the benefit of any member, founder, contributor, or individual. (b) Conflicts of interest No director, officer, or employee of the Consortium shall in any manner, directly or indirectly, participate in the deliberation upon or the determination of any question affecting his or her personal interests or the interests of any Consortium, partnership, or organization in which he or she is directly or indirectly interested. (c) Audits (1) Annual audit The financial statements of the Consortium shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants. (2) Reports The report of each annual audit pursuant to paragraph (1) shall be included in the annual report submitted in accordance with section 4(7). (d) Prohibition on election and lobbying activities (1) Federal The Consortium may not— (A) make any contribution to a candidate for election for Federal office or to a political committee; (B) employ or retain— (i) a registered lobbyist under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.); or (ii) an organization that employs one or more lobbyists and is registered under section 4(a)(2) of such Act (2 U.S.C. 1603(a)(2)); or (C) provide any thing of value, other than educational materials or information, to any elected official of the Federal Government. For purposes of this paragraph, the terms contribution , candidate , Federal office , and political committee have the meanings given such terms in section 301 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 ). (2) Consortium The Consortium may not— (A) make any contribution to a candidate for election for any State or local office or to any committee, club, association, or other group that receives contributions or makes expenditures for the purpose of influencing any such election; (B) employ or retain any person who engages in influencing legislating (as such term is defined in section 4911(d) of the Internal Revenue Code of 1986 ( 26 U.S.C. 4911(d) )) of any State or local legislative body; or (C) provide any thing of value, other than educational materials or information, to any elected official of any State or local government. 7. Management (a) Board of directors; membership; designation of chairperson (1) Board of directors The management of the Consortium shall be vested in a board of directors (referred to in this Act as the Board ) composed of not less than 3 members. (2) Chairperson The Secretary of the Treasury, or the designee of the Secretary, shall serve as the chairperson of the Board. (3) Membership The members of the Board shall include— (A) the Secretary of Homeland Security and the Secretary of Commerce, or the designees of such Secretaries, respectively, but only during such times as there are fewer than two States participating in the Consortium; and (B) a member from each State participating in the Consortium, who shall be appointed by such State. (b) Bylaws The Board may prescribe, amend, and repeal such bylaws as may be necessary for carrying out the functions of the Consortium. (c) Compensation, actual, necessary, and transportation expenses (1) Non-Federal employees A member of the Board who is not otherwise employed by the Federal Government shall be entitled to receive the daily equivalent of the annual rate of basic pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, as in effect from time to time, for each day (including travel time) during which such member is engaged in the actual performance of duties of the Consortium. (2) Federal employees A member of the Board who is an officer or employee of the Federal Government shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Consortium. (3) Travel expenses Members of the Consortium shall be entitled to receive travel expenses, including per diem in lieu of subsistence, equivalent to those set forth in subchapter I of chapter 57 of title 5, United States Code. (d) Quorum A majority of the Board shall constitute a quorum. (e) Executive director The Board shall appoint an executive director of the Consortium on such terms as the Board may determine. 8. Staff; experts and consultants (a) Staff (1) Appointment The Board of the Consortium may appoint and terminate such other staff as are necessary to enable the Consortium to perform its duties. (2) Compensation The Board of the Consortium may fix the compensation of the executive director and other staff. (b) Experts and consultants The Board shall procure the services of experts and consultants as the Board considers appropriate. 9. Federal liability The Federal Government and the Consortium shall not bear any liabilities arising from the actions of the Consortium. Participating States shall retain all catastrophe risk until the completion of a transaction described in paragraphs (2) and (3) of section 4. 10. Authorization of appropriations There are authorized to be appropriated to carry out this Act $20,000,000 for each of fiscal years 2014 through 2018. | https://www.govinfo.gov/content/pkg/BILLS-113hr737ih/xml/BILLS-113hr737ih.xml |
113-hr-738 | I 113th CONGRESS 1st Session H. R. 738 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Wilson of South Carolina introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to eliminate the requirement that certain former members of the reserve components of the Armed Forces be at least 60 years of age in order to be eligible to receive health care benefits.
1. Elimination of the age requirement for health care benefits for non-regular service retirees Section 1074(b) of title 10, United States Code, is amended— (1) by striking (1) ; and (2) by striking paragraph (2). | https://www.govinfo.gov/content/pkg/BILLS-113hr738ih/xml/BILLS-113hr738ih.xml |
113-hr-739 | I 113th CONGRESS 1st Session H. R. 739 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Wittman introduced the following bill; which was referred to the Committee on Natural Resources , 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 require the Office of Management and Budget to prepare a crosscut budget for restoration activities in the Chesapeake Bay watershed, to require the Environmental Protection Agency to develop and implement an adaptive management plan, and for other purposes.
1. Short title This Act may be cited as the Chesapeake Bay Accountability and Recovery Act of 2013 . 2. Chesapeake Bay Crosscut Budget (a) Crosscut Budget The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to Congress a financial report containing— (1) an interagency crosscut budget that displays— (A) the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carry out restoration activities; (B) to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year; (C) all expenditures for Federal restoration activities from the preceding 2 fiscal years, the current fiscal year, and the succeeding fiscal year; and (D) all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in subparagraph (C) ; (2) a detailed accounting of all funds received and obligated by all Federal agencies for restoration activities during the current and preceding fiscal years, including the identification of funds which were transferred to a Chesapeake Bay State for restoration activities; (3) to the extent that information is available, a detailed accounting from each State of all funds received and obligated from a Federal agency for restoration activities during the current and preceding fiscal years; and (4) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in subparagraphs (A) and (B) of paragraph (1)), including the— (A) project description; (B) current status of the project; (C) Federal or State statutory or regulatory authority, programs, or responsible agencies; (D) authorization level for appropriations; (E) project timeline, including benchmarks; (F) references to project documents; (G) descriptions of risks and uncertainties of project implementation; (H) adaptive management actions or framework; (I) coordinating entities; (J) funding history; (K) cost-sharing; and (L) alignment with existing Chesapeake Bay Agreement and Chesapeake Executive Council goals and priorities. (b) Minimum funding levels The Director shall only describe restoration activities in the report required under subsection (a) that— (1) for Federal restoration activities, have funding amounts greater than or equal to $100,000; and (2) for State restoration activities, have funding amounts greater than or equal to $50,000. (c) Deadline The Director shall submit to Congress the report required by subsection (a) not later than 30 days after the submission by the President of the President’s annual budget to Congress. (d) Report Copies of the financial report required by subsection (a) shall be submitted to the Committees on Appropriations, Natural Resources, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Commerce, Science, and Transportation of the Senate. (e) Effective Date This section shall apply beginning with the first fiscal year after the date of enactment of this Act for which the President submits a budget to Congress. 3. Adaptive Management Plan (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other Federal and State agencies, shall develop an adaptive management plan for restoration activities in the Chesapeake Bay watershed that includes— (1) definition of specific and measurable objectives to improve water quality, habitat, and fisheries; (2) a process for stakeholder participation; (3) monitoring, modeling, experimentation, and other research and evaluation practices; (4) a process for modification of restoration activities that have not attained or will not attain the specific and measurable objectives set forth under paragraph (1) ; and (5) a process for prioritizing restoration activities and programs to which adaptive management shall be applied. (b) Implementation The Administrator shall implement the adaptive management plan developed under subsection (a) . (c) Updates The Administrator shall update the adaptive management plan developed under subsection (a) every 2 years. (d) Report to Congress (1) In general Not later than 60 days after the end of a fiscal year, the Administrator shall transmit to Congress an annual report on the implementation of the adaptive management plan required under this section for such fiscal year. (2) Contents The report required under paragraph (1) shall contain information about the application of adaptive management to restoration activities and programs, including programmatic and project level changes implemented through the process of adaptive management. (3) Effective date Paragraph (1) shall apply to the first fiscal year that begins after the date of enactment of this Act. (e) Inclusion of plan in Annual Action Plan and Annual Progress Report The Administrator shall ensure that the Annual Action Plan and Annual Progress Report required by section 205 of Executive Order 13508 includes the adaptive management plan outlined in subsection (a). 4. Independent Evaluator for the Chesapeake Bay Program (a) In general There shall be an Independent Evaluator for restoration activities in the Chesapeake Bay watershed, who shall review and report on restoration activities and the use of adaptive management in restoration activities, including on such related topics as are suggested by the Chesapeake Executive Council. (b) Appointment (1) In general The Independent Evaluator shall be appointed by the Administrator from among nominees submitted by the Chesapeake Executive Council. (2) Nominations The Chesapeake Executive Council may submit to the Administrator 4 nominees for appointment to any vacancy in the office of the Independent Evaluator. (c) Reports The Independent Evaluator shall submit a report to the Congress every 2 years in the findings and recommendations of reviews under this section. (d) Chesapeake Executive Council In this section, the term Chesapeake Executive Council has the meaning given that term by section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 ( Public Law 102–567 ; 15 U.S.C. 1511d ). 5. Definitions In this Act, the following definitions apply: (1) Adaptive Management The term adaptive management means a type of natural resource management in which project and program decisions are made as part of an ongoing science-based process. Adaptive management involves testing, monitoring, and evaluating applied strategies and incorporating new knowledge into programs and restoration activities that are based on scientific findings and the needs of society. Results are used to modify management policy, strategies, practices, programs, and restoration activities. (2) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (3) Chesapeake Bay State The term Chesapeake Bay State or State means the States of Maryland, West Virginia, Delaware, and New York, the Commonwealths of Virginia and Pennsylvania, and the District of Columbia. (4) Chesapeake Bay Watershed The term Chesapeake Bay watershed means the Chesapeake Bay and the geographic area, as determined by the Secretary of the Interior, consisting of 36 tributary basins, within the Chesapeake Bay States, through which precipitation drains into the Chesapeake Bay. (5) Chief Executive The term chief executive means, in the case of a State or Commonwealth, the Governor of each such State or Commonwealth and, in the case of the District of Columbia, the Mayor of the District of Columbia. (6) Director The term Director means the Director of the Office of Management and Budget. (7) Restoration Activities The term restoration activities means any Federal or State programs or projects that directly or indirectly protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed, including programs or projects that promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. Restoration activities may be categorized as follows: (A) Physical restoration. (B) Planning. (C) Feasibility studies. (D) Scientific research. (E) Monitoring. (F) Education. (G) Infrastructure Development. | https://www.govinfo.gov/content/pkg/BILLS-113hr739ih/xml/BILLS-113hr739ih.xml |
113-hr-740 | I 113th CONGRESS 1st Session H. R. 740 IN THE HOUSE OF REPRESENTATIVES February 14, 2013 Mr. Young of Alaska (for himself, Ms. Hanabusa , Mr. Pierluisi , Ms. Bordallo , and Mr. Sablan ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes.
1. Short title This Act may be cited as the Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act . 2. Definitions In this Act: (1) Maps The term maps means the maps entitled Sealaska Land Entitlement Finalization , numbered 1 through 25 and dated January 22, 2013. (2) Sealaska The term Sealaska means the Sealaska Corporation, a Regional Native Corporation established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (3) Secretary The term Secretary means the Secretary of the Interior. (4) State The term State means the State of Alaska. 3. Findings; purpose (a) Findings Congress finds that— (1) (A) in 1971, Congress enacted the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) to recognize and settle the aboriginal claims of Alaska Natives to land historically used by Alaska Natives for traditional, cultural, and spiritual purposes; and (B) that Act declared that the land settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives ; (2) the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. )— (A) authorized the distribution of approximately $1,000,000,000 and 44,000,000 acres of land to Alaska Natives; and (B) provided for the establishment of Native Corporations to receive and manage the funds and that land to meet the cultural, social, and economic needs of Native shareholders; (3) under section 12 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1611 ), each Regional Corporation, other than Sealaska (the Regional Corporation for southeast Alaska), was authorized to receive a share of land based on the proportion that the number of Alaska Native shareholders residing in the region of the Regional Corporation bore to the total number of Alaska Native shareholders, or the relative size of the area to which the Regional Corporation had an aboriginal land claim bore to the size of the area to which all Regional Corporations had aboriginal land claims; (4) (A) Sealaska, the Regional Corporation for southeast Alaska, 1 of the Regional Corporations with the largest number of Alaska Native shareholders, with more than 21 percent of all original Alaska Native shareholders, received less than 1 percent of the lands set aside for Alaska Natives, and received no land under section 12 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1611 ); (B) the Tlingit and Haida Indian Tribes of Alaska was 1 of the entities representing the Alaska Natives of southeast Alaska before the date of enactment of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); and (C) Sealaska did not receive land in proportion to the number of Alaska Native shareholders, or in proportion to the size of the area to which Sealaska had an aboriginal land claim, in part because of a United States Court of Claims cash settlement to the Tlingit and Haida Indian Tribes of Alaska in 1968 for land previously taken to create the Tongass National Forest and Glacier Bay National Monument; (5) the 1968 Court of Claims cash settlement of $7,500,000 did not— (A) adequately compensate the Alaska Natives of southeast Alaska for the significant quantity of land and resources lost as a result of the creation of the Tongass National Forest and Glacier Bay National Monument or other losses of land and resources; or (B) justify the significant disparate treatment of Sealaska under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1611 ) in 1971; (6) (A) while each other Regional Corporation received a significant quantity of land under sections 12 and 14 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1611 , 1613), Sealaska only received land under section 14(h) of that Act (43 U.S.C. 1613(h)); (B) section 14(h) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h) ) authorized the Secretary to withdraw and convey 2,000,000 acres of unreserved and unappropriated public lands in Alaska from which Alaska Native selections could be made for historic sites, cemetery sites, Urban Corporation land, Native group land, and Native Allotments; (C) under section 14(h)(8) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(8) ), after selections are made under paragraphs (1) through (7) of that section, the land remaining in the 2,000,000-acre land pool is allocated based on the proportion that the original Alaska Native shareholder population of a Regional Corporation bore to the original Alaska Native shareholder population of all Regional Corporations; (D) the only Native land entitlement of Sealaska derives from a proportion of leftover land remaining from the 2,000,000-acre land pool, estimated as of the date of enactment of this Act at approximately 1,655,000 acres; (E) because at the time of enactment of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) all public land in the Tongass National Forest had been reserved for purposes of creating the national forest, the Secretary was not able to withdraw any public land in the Tongass National Forest for selection by and conveyance to Sealaska; (F) at the time of enactment of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) other public lands in southeast Alaska not located in the Tongass National Forest were not suitable for selection by and conveyance to Sealaska because such lands were located in Glacier Bay National Monument, were included in a withdrawal effected pursuant to section 17(d)(2) of that Act ( 43 U.S.C. 1616(d)(2) ) and slated to become part of the Wrangell-St. Elias National Park, or essentially consisted of mountain tops; (G) Sealaska in 1975 requested that Congress amend the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) to permit the Regional Corporation to select lands inside of the withdrawal areas established for southeast Alaska Native villages under section 16 of that Act ( 43 U.S.C. 1615 ), otherwise, there were no areas available for selection; and (H) in 1976 Congress amended section 16 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1615 ) to allow Sealaska to select lands under section 14(h)(8) of that Act ( 43 U.S.C. 1613(h)(8) ) from land located inside, rather than outside, the withdrawal areas established for southeast Alaska Native villages; (7) the 10 Alaska Native village withdrawal areas in southeast Alaska surround the Alaska Native communities of Yakutat, Hoonah, Angoon, Kake, Kasaan, Klawock, Craig, Hydaburg, Klukwan, and Saxman; (8) (A) the existing conveyance requirements of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for southeast Alaska limit the land eligible for conveyance to Sealaska to the original withdrawal areas surrounding 10 Alaska Native villages in southeast Alaska, which precludes Sealaska from selecting land located— (i) in any withdrawal area established for the Urban Corporations for Sitka and Juneau, Alaska; or (ii) outside the 10 Alaska Native village withdrawal areas; and (B) unlike other Regional Corporations, Sealaska is not authorized to request land located outside the withdrawal areas described in subparagraph (A) if the withdrawal areas are insufficient to complete the land entitlement of Sealaska under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); (9) (A) the deadline for applications for selection of cemetery sites and historic places on land outside withdrawal areas established under section 14 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613 ) was July 1, 1976; (B) (i) as of that date, the Bureau of Land Management notified Sealaska that the total entitlement of Sealaska would be approximately 200,000 acres; and (ii) Sealaska made entitlement allocation decisions for cultural sites and economic development sites based on that original estimate; (C) as a result of the Alaska Land Transfer Acceleration Act ( Public Law 108–452 ; 118 Stat. 3575) and subsequent related determinations and actions of the Bureau of Land Management, it became clear within the last decade that Sealaska would be entitled to receive a total of approximately 365,000 acres pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); (10) in light of the revised Bureau of Land Management estimate of the total number of acres that Sealaska will receive pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and in consultation with Members of Alaska’s congressional delegation, Sealaska and its shareholders believe that it is appropriate to allocate more of the entitlement of Sealaska to— (A) the acquisition of places of sacred, cultural, traditional, and historical significance; (B) the acquisition of sites with traditional and recreational use value and sites suitable for renewable energy development; and (C) the acquisition of lands that are not within the watersheds of Native and non-Native communities and are suitable economically and environmentally for natural resource development; (11) 44 percent (820,000 acres) of the 10 Alaska Native village withdrawal areas established under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) described in paragraphs (7) and (8) are composed of salt water and not available for selection; (12) of land subject to the selection rights of Sealaska, 110,000 acres are encumbered by gubernatorial consent requirements under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); (13) in each withdrawal area, there exist other unique factors that limit the ability of Sealaska to select sufficient land to fulfill the land entitlement of Sealaska; (14) the selection limitations and guidelines applicable to Sealaska under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. )— (A) are inequitable and inconsistent with the purposes of that Act because there is insufficient land remaining in the withdrawal areas to meet the traditional, cultural, and socioeconomic needs of the shareholders of Sealaska; and (B) make it difficult for Sealaska to select— (i) places of sacred, cultural, traditional, and historical significance; (ii) sites with traditional and recreation use value and sites suitable for renewable energy development; and (iii) lands that meet the real economic needs of the shareholders of Sealaska; (15) unless Sealaska is allowed to select land outside designated withdrawal areas in southeast Alaska, Sealaska will not be able to— (A) complete the land entitlement selections of Sealaska under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) in a manner that meets the cultural, social, and economic needs of Native shareholders; (B) avoid land selections in watersheds that are the exclusive drinking water supply for regional communities, support world class salmon streams, have been identified as important habitat, or would otherwise be managed by the Forest Service as roadless and old growth forest reserves; (C) secure ownership of places of sacred, cultural, traditional, and historical importance to the Alaska Natives of southeast Alaska; and (D) continue to support forestry jobs and economic opportunities for Alaska Natives and other residents of rural southeast Alaska; (16) (A) the rate of unemployment in southeast Alaska exceeds the statewide rate of unemployment on a non-seasonally adjusted basis; (B) in November 2012, the Alaska Department of Labor and Workforce Development reported the unemployment rate for the Prince of Wales—Hyder census area at approximately 12.1 percent; (C) in October 2007, the Alaska Department of Labor and Workforce Development projected population losses between 1996 and 2030 for the Prince of Wales—Outer Ketchikan census area at 56.6 percent; (D) official unemployment rates severely underreport the actual level of regional unemployment, particularly in Native villages; and (E) additional job losses will exacerbate outmigration from Native and non-Native communities in southeast Alaska; (17) Sealaska has played, and is expected to continue to play, a significant role in the health of the southeast Alaska economy; (18) despite the small land base of Sealaska as compared to other Regional Corporations (less than 1 percent of the total quantity of land allocated pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. )), Sealaska has— (A) provided considerable benefits to Alaska Native shareholders; (B) supported hundreds of jobs for Alaska Native shareholders and non-shareholders in southeast Alaska for more than 30 years; and (C) been a significant economic force in southeast Alaska; (19) pursuant to the revenue sharing provisions of section 7(i) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1606(i) ), Sealaska has distributed more than $300,000,000 during the period beginning on January 1, 1971, and ending on December 31, 2005, to Native Corporations throughout the State of Alaska from the development of natural resources, which accounts for 42 percent of the total revenues shared under that section during that period; (20) resource development operations maintained by Sealaska— (A) support hundreds of jobs in the southeast Alaska region; (B) make timber available to local and domestic sawmills and other wood products businesses such as guitar manufacturers; (C) support firewood programs for local communities; (D) support maintenance of roads utilized by local communities for subsistence and recreation uses; (E) support development of new biomass energy opportunities in southeast Alaska, reducing dependence on high-cost diesel fuel for the generation of energy; (F) provide start-up capital for innovative business models in southeast Alaska that create new opportunities for non-timber economic development in the region, including support for renewable biomass initiatives, Alaska Native artisans, and rural mariculture farming; and (G) support Native education and cultural and language preservation activities; (21) if the resource development operations of Sealaska cease on land appropriate for those operations, there will be a significant negative impact on— (A) southeast Alaska Native shareholders; (B) the cultural preservation activities of Sealaska; (C) the economy of southeast Alaska; and (D) the Alaska Native community that benefits from the revenue-sharing requirements under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); (22) it is critical that the remaining land entitlement conveyances to Sealaska under the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) are fulfilled to continue to meet the economic, social, and cultural needs of the Alaska Native shareholders of southeast Alaska and the Alaska Native community throughout Alaska; (23) in order to realize cultural preservation goals while also diversifying economic opportunities, Sealaska should be authorized to select and receive conveyance of— (A) sacred, cultural, traditional, and historic sites and other places of traditional and cultural significance, to facilitate the perpetuation and preservation of Alaska Native culture and history; (B) other sites with traditional and recreation use value and sites suitable for renewable energy development to facilitate appropriate tourism and outdoor recreation enterprises and renewable energy development for rural southeast Alaska communities; and (C) lands that are suitable economically and environmentally for natural resource development; (24) on completion of the conveyances of land to Sealaska to fulfill the full land entitlement of Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the encumbrances on 327,000 acres of Federal land created by the withdrawal of land for selection by Native Corporations in southeast Alaska should be removed, which will facilitate thorough and complete planning and efficient management relating to national forest land in southeast Alaska by the Forest Service; (25) although the Tribal Forest Protection Act ( 25 U.S.C. 3101 note; Public Law 108–278 ) defines the term Indian tribe to include Indian tribes under section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ), a term which includes any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act … , the Tribal Forest Protection Act does not define the term Indian forest land or rangeland to include lands owned by Alaska Native Corporations, including Sealaska, which are the primary Indian forest land owners in Alaska, and therefore, the Tribal Forest Protection Act should be amended in a manner that will— (A) permit Native Corporations, including Sealaska, as Indian forest land owners in Alaska, to work with the Secretary of Agriculture under the Tribal Forest Protection Act to address forest fire and insect infestation issues, including the spread of the spruce bark beetle in southeast and southcentral Alaska, which threaten the health of the Native forestlands; and (B) ensure that Native Corporations, including Sealaska, can participate in programs administered by the Secretary of Agriculture under the Tribal Forest Protection Act without including Native Corporations under the definition in that Act of Indian forest land or rangeland or otherwise amending that Act in a manner that validates, invalidates, or otherwise affects any claim regarding the existence of Indian country in the State of Alaska; and (26) although the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ) defines the term Indian tribe to include any Native village, Regional Corporation or Village Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act , the National Historic Preservation Act does not define the term Tribal lands to include lands owned by Alaska Native Corporations, thereby excluding from the National Historic Preservation Act cemetery sites and historical places transferred to Native Corporations, including Sealaska, pursuant to the Alaska Native Claims Settlement Act, and therefore, the National Historic Preservation Act should be amended in a manner that will— (A) permit Native Corporations, including Sealaska, as owners of Indian cemetery sites and historical places in Alaska, to work with the Secretary of the Interior under the National Historic Preservation Act to secure grants and other support to manage their own historic sites and programs pursuant to that Act; and (B) ensure that Native Corporations, including Sealaska, can participate in programs administered by the Secretary of the Interior under the National Historic Preservation Act without including Native Corporations under the definition in that Act of Tribal lands or otherwise amending that Act in a manner that validates, invalidates, or otherwise affects any claim regarding the existence of Indian country in the State of Alaska. (b) Purpose The purpose of this Act is to address the inequitable treatment of Sealaska by allowing Sealaska to select the remaining land entitlement of Sealaska under section 14 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613 ) from designated Federal land in southeast Alaska located outside the 10 southeast Alaska Native village withdrawal areas in a manner that meets the cultural, social, and economic needs of Alaska Native shareholders, including the need to maintain jobs supported by Sealaska in rural southeast Alaska communities. 4. Finalization of entitlement (a) In general If, not later than 90 days after the date of enactment of this Act, the Secretary receives a corporate resolution adopted by the board of directors of Sealaska agreeing to accept the conveyance of land described in subsection (b) in accordance with this Act as full and final satisfaction of the remaining land entitlement of Sealaska under section 14(h) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h) ), the Secretary shall— (1) implement the provisions of this Act; and (2) charge the entitlement pool under section 14(h)(8) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(8) ) 70,075 acres, reduced by the number of acres deducted under subsection (b)(2), in fulfillment of the remaining land entitlement for Sealaska under that Act, notwithstanding whether the surveyed acreage of the 25 parcels of land generally depicted on the maps as Sealaska Selections and patented under section 5 is less than or more than 69,235 acres, reduced by the number of acres deducted under subsection (b)(2). (b) Final entitlement (1) In general Except as provided in paragraph (2), the land described in subsection (a) shall consist of— (A) the 25 parcels of Federal land comprising approximately 69,235 acres that is generally depicted as Sealaska Selections on the maps; and (B) a total of not more than 840 acres of Federal land for cemetery sites and historical places comprised of parcels that are applied for in accordance with section 6. (2) Deduction (A) In general The Secretary shall deduct from the number of acres of Federal land described in paragraph (1)(A) the number of acres of Federal land for which the Secretary has issued a conveyance during the period beginning on August 1, 2012, and ending on the date of receipt of the resolution under subsection (a). (B) Agreement The Secretary, the Secretary of Agriculture, and Sealaska shall negotiate in good faith to make a mutually agreeable adjustment to the parcel of Federal land generally depicted on the maps entitled Sealaska Land Entitlement Finalization , numbered 1 of 25, and dated January 22, 2013, to implement the deduction of acres required by subparagraph (A). (c) Effect of acceptance The resolution filed by Sealaska in accordance with subsection (a) shall— (1) be final and irrevocable; and (2) without any further administrative action by the Secretary, result in— (A) the relinquishment of all existing selections made by Sealaska under subsection 14(h)(8) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(8) ); and (B) the termination of all withdrawals by section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615), except to the extent a selection by a Village Corporation under subsections (b) and (d) of section 16 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1615 ) remains pending, until the date on which those selections are resolved. (d) Failure To accept If Sealaska fails to file the resolution in accordance with subsection (a)— (1) the provisions of this Act shall cease to be effective; and (2) the Secretary shall, not later than 27 months after the date of enactment of this Act, complete the interim conveyance of the remaining land entitlement to Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) from prioritized selections on file with the Secretary on the date of enactment of this Act. (e) Scope of law Except as provided in subsections (d) and (f), this Act provides the exclusive authority under which the remaining land entitlement of Sealaska under section 14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) may be fulfilled. (f) Effect Nothing in this Act affects any land that is— (1) the subject of an application under subsection (h)(1) of section 14 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613 ) that is pending on the date of enactment of this Act; and (2) conveyed in accordance with that subsection. 5. Conveyances to sealaska (a) Interim conveyance Subject to valid existing rights, subsections (c), (d), and (e), section 4(b), and section 7(a), the Secretary shall complete the interim conveyance of the 25 parcels of Federal land comprising approximately 69,235 acres generally depicted on the maps by the date that is 60 days after the date of receipt of the resolution under section 4(a), subject to the Secretary identifying and reserving, by the date that is 2 years after the date of enactment of this Act, any easement that could have been reserved in accordance with this Act prior to the interim conveyance. (b) Withdrawal (1) In general Subject to valid existing rights, the Federal land described in subsection (a) is withdrawn from— (A) all forms of appropriation under the public land laws; (B) location, entry, and patent under the mining laws; (C) disposition under laws relating to mineral or geothermal leasing; and (D) selection under the Act of July 7, 1958 (commonly known as the Alaska Statehood Act ) (48 U.S.C. note prec. 21; Public Law 85–508 ). (2) Termination The withdrawal under paragraph (1) shall remain in effect until— (A) if Sealaska fails to file a resolution in accordance with section 4(a), the date that is 90 days after the date of enactment of this Act; or (B) the date on which the Federal land is conveyed under subsection (a). (c) Treatment of land conveyed Except as otherwise provided in this Act, any land conveyed to Sealaska under subsection (a) shall be— (1) considered to be land conveyed by the Secretary under section 14(h)(8) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(8) ); and (2) subject to all laws (including regulations) applicable to entitlements under section 14(h)(8) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(8) ), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). (d) Easements (1) Public easements The deeds of conveyance for the land under subsection (a) shall be subject to the reservation of public easements under section 17(b) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1616(b) ). (2) Research easement In the deed of conveyance for the land generally depicted on the map entitled Sealaska Land Entitlement Finalization , numbered 7 of 25, and dated January 22, 2013, the Secretary shall reserve an easement— (A) to access and continue Forest Service research activities on the study plots located on the land; and (B) that shall remain in effect for a 10-year period beginning on the date of enactment of this Act. (3) Koscuisko island road easement (A) In general The deeds of conveyance for the land on Koscuisko Island under subsection (a) shall grant to Sealaska an easement providing access to and use by Sealaska of the log transfer facility at Shipley Bay on Koscuisko Island, subject to— (i) the agreement under subparagraph (C); and (ii) the agreement under section 7(b). (B) Scope of the easement The easement under subparagraph (A) shall enable Sealaska— (i) to construct, use, and maintain a road connecting the Forest Service Road known as Cape Pole Road to the Forest Service Road known as South Shipley Bay Road within the corridor depicted on the map entitled Sealaska Land Entitlement Finalization , numbered 3 of 25, and dated January 22, 2013; (ii) to use, maintain, and if necessary, reconstruct the Forest Service Road known as South Shipley Bay Road referred to in clause (i) to access the log transfer facility at Shipley Bay; and (iii) to use, maintain, and expand the log transfer and sort yard facility at Shipley Bay that is within the area depicted on the map entitled Sealaska Land Entitlement Finalization , numbered 3 of 25 and dated January 22, 2013. (C) Roads and facilities use agreement In addition to the agreement under section 7(b), the Secretary and Sealaska shall enter into an agreement relating to the access, use, maintenance, and improvement of the roads and facilities under this paragraph. (D) Determination of location; legal description Sealaska shall— (i) in consultation with the Secretary, determine the location within the corridor of the centerline of the road described in subparagraph (B)(i); and (ii) provide to the Secretary a legal description of the centerline acceptable for granting the easement described in subparagraph (B)(i). (e) Hunting, fishing, and recreation (1) In general Any land conveyed under subsection (a) that is located outside a withdrawal area designated under section 16(a) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1615(a) ) shall remain open and available to subsistence uses, as that term is defined in section 803 of the Alaska National Interest Lands Conservation Act ( 16 U.S.C. 3113 ), and noncommercial recreational hunting and fishing and other recreational uses by the public under applicable law— (A) without liability on the part of Sealaska, except for willful acts, to any user as a result of the use; and (B) subject to— (i) any reasonable restrictions that may be imposed by Sealaska on the public use— (I) to ensure public safety; (II) to minimize conflicts between recreational and commercial uses; (III) to protect cultural resources; (IV) to conduct scientific research; or (V) to provide environmental protection; and (ii) the condition that Sealaska post on any applicable property, in accordance with State law, notices of the restrictions on use. (2) Effect Access provided to any individual or entity under paragraph (1) shall not— (A) create an interest in any third party in the land conveyed under subsection (a); or (B) provide standing to any third party in any review of, or challenge to, any determination by Sealaska with respect to the management or development of the land conveyed under subsection (a). 6. Cemetery sites and historical places (a) In general Notwithstanding section 14(h)(1)(E) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(1)(E) ), Sealaska may submit applications for the conveyance under section 14(h)(1)(A) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(1)(A) ) of not more than 127 cemetery sites and historical places— (1) that are listed in the document entitled Sealaska Cemetery Sites and Historical Places and dated January 18, 2013; (2) that are cemetery sites and historical places included in the report by Wilsey and Ham, Inc., entitled 1975 Native Cemetery and Historic Sites of Southeast Alaska (Preliminary Report) and dated October 1975; and (3) for which Sealaska has not previously submitted an application. (b) Procedure for evaluating applications Except as otherwise provided in this section, the Secretary shall consider all applications submitted under this section in accordance with the criteria and procedures set forth in applicable regulations in effect as of the date of enactment of this Act. (c) Conveyance The Secretary may convey cemetery sites and historical places under this section that result in the conveyance of a total of approximately 840 acres of Federal land comprised of parcels that are— (1) applied for in accordance with this section; and (2) subject to— (A) valid existing rights; (B) the public access provisions of subsection (f); (C) the condition that the conveyance of land for the site listed under subsection (a)(1) as Bay of Pillars Portage is limited to 25 acres in T.60 S., R.72 E., Sec. 28, Copper River Meridian; and (D) the condition that any access to or use of the cemetery sites and historical places shall be consistent with the management plans for adjacent public land, if the management plans are more restrictive than the laws (including regulations) applicable under subsection (g). (d) Timeline No application for a cemetery site or historical place may be submitted under subsection (a) after the date that is 2 years after the date of enactment of this Act. (e) Selection of additional cemetery sites If Sealaska submits timely applications to the Secretary in accordance with subsections (a) and (d) for all 127 sites listed under subsection (a)(1), and the Secretary rejects any of those applications in whole or in part— (1) not later than 2 years after the date on which the Secretary completes the conveyance of eligible cemetery sites and historical places applied for under subsection (a), Sealaska may submit applications for the conveyance under section 14(h)(1)(A) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(1)(A) ) of additional cemetery sites, the total acreage of which, together with the cemetery sites and historical places previously conveyed by the Secretary under subsection (c), shall not exceed 840 acres; and (2) the Secretary shall— (A) consider any applications for the conveyance of additional cemetery sites in accordance with subsection (b); and (B) if the applications are approved, provide for the conveyance of the sites in accordance with subsection (c). (f) Public access (1) In general Subject to paragraph (2), any land conveyed under this section shall be subject to— (A) the reservation of public easements under section 17(b) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1616(b) ); and (B) public access across the conveyed land in cases in which no reasonable alternative access around the land is available, without liability to Sealaska, except for willful acts, to any user by reason of the use. (2) Limitations The public access and use under subparagraph (B) of paragraph (1) shall be subject to— (A) any reasonable restrictions that may be imposed by Sealaska on the public access and use— (i) to ensure public safety; (ii) to protect and conduct research on the historic, archaeological, and cultural resources of the conveyed land; or (iii) to provide environmental protection; (B) the condition that Sealaska post on any applicable property, in accordance with State law, notices of the restrictions on the public access and use; and (C) the condition that the public access and use shall not be incompatible with or in derogation of the values of the area as a cemetery site or historical place, as provided in section 2653.11 of title 43, Code of Federal Regulations (or a successor regulation). (3) Effect Access provided to any individual or entity by paragraph (1) shall not— (A) create an interest in any third party in the land conveyed under this section; or (B) provide standing to any third party in any review of, or challenge to, any determination by Sealaska with respect to the management or development of the land conveyed under this section. (g) Treatment of land conveyed Except as otherwise provided in this Act, any land conveyed to Sealaska under this section shall be— (1) considered land conveyed by the Secretary under section 14(h)(1) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(1) ); and (2) subject to all laws (including regulations) applicable to conveyances under section 14(h)(1) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(h)(1) ), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). 7. Miscellaneous (a) Special use authorizations (1) In general On the conveyance of land to Sealaska under section 5(a)— (A) any guiding or outfitting special use authorization issued by the Forest Service for the use of the conveyed land shall terminate; and (B) as a condition of the conveyance and consistent with section 14(g) of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1613(g) ), Sealaska shall allow the holder of the special use authorization terminated under subparagraph (A) to continue the authorized use, subject to the terms and conditions that were in the special use authorization issued by the Forest Service, for— (i) the remainder of the term of the authorization; and (ii) 1 additional consecutive 10-year renewal period. (2) Notice of commercial activities Sealaska and any holder of a guiding or outfitting authorization under this subsection shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to Sealaska under section 5(a). (3) Negotiation of new terms Nothing in this subsection precludes Sealaska and the holder of a guiding or outfitting authorization from negotiating a new mutually agreeable guiding or outfitting authorization. (4) Liability Neither Sealaska nor the United States shall bear any liability, except for willful acts of Sealaska or the United States, regarding the use and occupancy of any land conveyed to Sealaska under this Act, as provided in any outfitting or guiding authorization under this subsection. (b) Roads and facilities Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture and Sealaska shall negotiate in good faith to develop a binding agreement— (1) for the use of National Forest System roads and related transportation facilities by Sealaska; and (2) the use of Sealaska roads and related transportation facilities by the Forest Service. (c) Traditional trade and migration route designations (1) Designations (A) The inside passage The route from Yakutat to Dry Bay, as generally depicted on the map entitled Traditional Trade and Migration Route, Neix naax aan náx—The Inside Passage and dated October 17, 2012, is designated as Neix naax aan náx ( The Inside Passage ). (B) Canoe road The route from the Bay of Pillars to Port Camden, as generally depicted on the map entitled Traditional Trade and Migration Route, Yakwdeiyí—Canoe Road and dated October 17, 2012, is designated as Yakwdeiyí ( Canoe Road ). (C) The people’s road The route from Portage Bay to Duncan Canal, as generally depicted on the map entitled Traditional Trade and Migration Route, Lingít Deiyí—The People’s Road and dated October 17, 2012, is designated Lingít Deiyí ( The People’s Road ). (2) Access to traditional trade and migration routes The culturally and historically significant trade and migration routes designated by paragraph (1) shall be open to travel by Sealaska and the public in accordance with applicable law, subject to such terms, conditions, and special use authorizations as the Secretary of Agriculture may require. (d) Technical corrections (1) Tribal forest protection Section 2 of the Tribal Forest Protection Act of 2004, 25 U.S.C. 3115a , is amended by adding a new subsection (h): (h) (1) Land owned by an Alaska Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is forest land or formerly had a forest cover or vegetative cover that is capable of restoration shall be eligible for agreements and contracts authorized under this Act and administered by the Secretary. (2) Nothing in this subsection validates, invalidates, or otherwise affects any claim regarding the existence of Indian country (as defined in section 1151 of title 18, United States Code) in the State of Alaska. . (2) National historic preservation Section 101(d) of the National Historic Preservation Act, 16 U.S.C. 470a(d) , is amended by adding a new paragraph (7): (7) (A) Notwithstanding any other provision of law, an Alaska Native tribe, band, nation or other organized group or community, including a Native village, Regional Corporation, or Village Corporation, shall be eligible to participate in all programs administered by the Secretary under this Act on behalf of Indian tribes, including, but not limited to, securing grants and other support to manage their own historic preservation sites and programs on lands held by the Alaska Native tribe, band, nation or other organized group or community, including a Native village, Regional Corporation, or Village Corporation. (B) Nothing in this paragraph validates, invalidates, or otherwise affects any claim regarding the existence of Indian country (as defined in section 1151 of title 18, United States Code) in the State of Alaska. . (e) Effect on other laws (1) In general Nothing in this Act delays the duty of the Secretary to convey land to— (A) the State under the Act of July 7, 1958 (commonly known as the Alaska Statehood Act ) (48 U.S.C. note prec. 21; Public Law 85–508 ); or (B) a Native Corporation under— (i) the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); or (ii) the Alaska Land Transfer Acceleration Act ( 43 U.S.C. 1611 note; Public Law 108–452). (2) Conveyances The Secretary shall promptly proceed with the conveyance of all land necessary to fulfill the final entitlement of all Native Corporations in accordance with— (A) the Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ); and (B) the Alaska Land Transfer Acceleration Act ( 43 U.S.C. 1611 note; Public Law 108–452 ). (f) Escrow funds If Sealaska files the resolution in accordance with section 4(a)— (1) the escrow requirements of section 2 of Public Law 94–204 ( 43 U.S.C. 1613 note) shall apply to proceeds (including interest) derived from the land withdrawn under section 5(b) from the date of receipt of the resolution; and (2) Sealaska shall have no right to any proceeds (including interest) held pursuant to the escrow requirements of section 2 of Public Law 94–204 ( 43 U.S.C. 1613 note) that were derived from land originally withdrawn for selection by section 16 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1615 ), but not conveyed. (g) Maps (1) Availability Each map referred to in this Act shall be available in the appropriate offices of the Secretary and the Secretary of Agriculture. (2) Corrections The Secretary of Agriculture may make any necessary correction to a clerical or typographical error in a map referred to in this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr740ih/xml/BILLS-113hr740ih.xml |
113-hr-741 | I 113th CONGRESS 1st Session H. R. 741 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Rogers of Alabama (for himself and Mr. Loebsack ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To require the Secretary of Defense to develop and implement a plan to provide chiropractic health care services and benefits for certain new beneficiaries as part of the TRICARE program.
1. Short title This Act may be cited as the Chiropractic Health Parity for Military Beneficiaries Act . 2. Chiropractic health care for retirees, dependents, and survivors (a) Plan required Not later than August 31, 2013, the Secretary of Defense shall complete development of a plan to provide chiropractic health care services and benefits, as a permanent part of the TRICARE program, for covered beneficiaries. (b) Contents of plan The plan shall require that a contract entered into under section 1097 of title 10, United States Code, for the delivery of health care services shall— (1) include the delivery of chiropractic services; (2) require that chiropractic services may be provided only by a doctor of chiropractic; and (3) provide that a covered beneficiary may select and have direct access to a doctor of chiropractic without referral by another health practitioner. (c) Implementation of plan The plan developed under subsection (a) shall provide for implementation of the plan to begin no later than January 31, 2014. 3. Definitions In this Act: (1) The term chiropractic services — (A) includes diagnosis (including by diagnostic x-ray tests), evaluation and management, and therapeutic services for the treatment of a patient's health condition, including neuromusculoskeletal conditions and the subluxation complex, and such other services determined appropriate by the Secretary and as authorized under State law; and (B) does not include the use of drugs or surgery. (2) The term covered beneficiary has the meaning provided by section 1072(5) of title 10, United States Code. (3) The term doctor of chiropractic means only a doctor of chiropractic who is licensed as a doctor of chiropractic, chiropractic physician, or chiropractor by a State, the District of Columbia, or a territory or possession of the United States. (4) The term TRICARE program has the meaning provided by section 1072(7) of title 10, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr741ih/xml/BILLS-113hr741ih.xml |
113-hr-742 | I 113th CONGRESS 1st Session H. R. 742 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Crawford (for himself, Ms. Moore , Mr. Sean Patrick Maloney of New York , and Mr. Huizenga of Michigan ) introduced the following bill; which was referred to the Committee on Agriculture , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Securities Exchange Act of 1934 and the Commodity Exchange Act to repeal the indemnification requirements for regulatory authorities to obtain access to swap data required to be provided by swaps entities under such Acts.
1. Short title This Act may be cited as the Swap Data Repository and Clearinghouse Indemnification Correction Act of 2013 . 2. Repeal of indemnification requirements (a) Derivatives clearing organizations Section 5b(k)(5) of the Commodity Exchange Act ( 7 U.S.C. 7a–1(k)(5) ) is amended to read as follows: (5) Confidentiality agreement Before the Commission may share information with any entity described in paragraph (4), the Commission shall receive a written agreement from each entity stating that the entity shall abide by the confidentiality requirements described in section 8 relating to the information on swap transactions that is provided. . (b) Swap data repositories Section 21(d) of the Commodity Exchange Act ( 7 U.S.C. 24a(d) ) is amended to read as follows: (d) Confidentiality agreement Before the swap data repository may share information with any entity described in subsection (c)(7), the swap data repository shall receive a written agreement from each entity stating that the entity shall abide by the confidentiality requirements described in section 8 relating to the information on swap transactions that is provided. . (c) Security-Based swap data repositories Section 13(n)(5)(H) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m(n)(5)(H) ) is amended to read as follows: (H) Confidentiality agreement Before the security-based swap data repository may share information with any entity described in subparagraph (G), the security-based swap data repository shall receive a written agreement from each entity stating that the entity shall abide by the confidentiality requirements described in section 24 relating to the information on security-based swap transactions that is provided. . (d) Effective date The amendments made by this Act shall take effect as if enacted as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ) on July 21, 2010. | https://www.govinfo.gov/content/pkg/BILLS-113hr742ih/xml/BILLS-113hr742ih.xml |
113-hr-743 | I 113th CONGRESS 1st Session H. R. 743 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. DeFazio (for himself and Ms. Slaughter ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To restore the application of the Federal antitrust laws to the business of health insurance to protect competition and consumers.
1. Short title This Act may be cited as the Health Insurance Industry Fair Competition Act . 2. Restoring the application of antitrust laws to health sector insurers (a) Amendment to McCarran-Ferguson Act Section 3 of the Act of March 9, 1945 ( 15 U.S.C. 1013 ), commonly known as the McCarran-Ferguson Act, is amended by adding at the end the following: (c) Nothing contained in this Act shall modify, impair, or supersede the operation of any of the antitrust laws with respect to the business of health insurance. For purposes of the preceding sentence, the term antitrust laws has the meaning given it in subsection (a) of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition. . (b) Related Provision For purposes of section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent such section applies to unfair methods of competition, section 3(c) of the McCarran-Ferguson Act shall apply with respect to the business of health insurance without regard to whether such business is carried on for profit, notwithstanding the definition of Corporation contained in section 4 of the Federal Trade Commission Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr743ih/xml/BILLS-113hr743ih.xml |
113-hr-744 | I 113th CONGRESS 1st Session H. R. 744 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Ms. Wasserman Schultz (for herself and Mr. Smith of Texas ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide effective criminal prosecutions for certain identity thefts, and for other purposes.
1. Short title This Act may be cited as the Stopping Tax Offenders and Prosecuting Identity Theft Act of 2013 or the STOP Identity Theft Act of 2013 . 2. Use of Department of Justice resources with regard to tax return identity theft (a) In general The Attorney General should make use of all existing resources of the Department of Justice, including any appropriate task forces, to bring more perpetrators of tax return identity theft to justice. (b) Considerations To be taken into account In carrying out this section, the Attorney General should take into account the following: (1) The need to concentrate efforts in those areas of the country where the crime is most frequently reported. (2) The need to coordinate with State and local authorities for the most efficient use of their laws and resources to prosecute and prevent the crime. (3) The need to protect vulnerable groups, such as veterans, seniors, and minors (especially foster children) from becoming victims or otherwise used in the offense. 3. Victims of identity theft may include organizations Chapter 47 of title 18, United States Code, is amended— (1) in section 1028— (A) in subsection (a)(7), by inserting (including an organization) after another person ; and (B) in subsection (d)(7), in the matter preceding subparagraph (A), by inserting or other person after specific individual ; and (2) in section 1028A(a)(1), by inserting (including an organization) after another person . 4. Identity theft for purposes of tax fraud Section 1028(b)(3) of title 18, United States Code, is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by inserting or after the semicolon; and (3) by adding at the end the following: (D) during and in relation to a felony under section 7206 or 7207 of the Internal Revenue Code of 1986; . 5. Reporting requirement (a) Generally Beginning with the first report made more than 9 months after the date of the enactment of this Act under section 1116 of title 31, United States Code, the Attorney General shall include in such report the information described in subsection (b) of this section as to progress in implementing this Act and the amendments made by this Act. (b) Contents The information referred to in subsection (a) is as follows: (1) Information readily available to the Department of Justice about trends in the incidence of tax return identity theft. (2) The effectiveness of statutory tools, including those provided by this Act, in aiding the Department of Justice in the prosecution of tax return identity theft. (3) Recommendations on additional statutory tools that would aid in removing barriers to effective prosecution of tax return identity theft. (4) The status on implementing the recommendations of the Department’s March 2010 Audit Report 10–21 entitled The Department of Justice’s Efforts to Combat Identity Theft . | https://www.govinfo.gov/content/pkg/BILLS-113hr744ih/xml/BILLS-113hr744ih.xml |
113-hr-745 | I 113th CONGRESS 1st Session H. R. 745 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mrs. Napolitano (for herself, Ms. Brown of Florida , Ms. Chu , Mr. Garamendi , Mr. Honda , Mr. Markey , Mrs. Negrete McLeod , Mr. Peters of California , Mr. Pierluisi , Mr. Rush , Mr. Sablan , Ms. Linda T. Sánchez of California , Ms. Slaughter , Mr. Huffman , Mr. Hinojosa , Ms. Hanabusa , Ms. Eddie Bernice Johnson of Texas , Ms. Roybal-Allard , Mr. Pastor of Arizona , Ms. Kaptur , Mr. Lewis , Mr. Ruiz , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Science, Space, and Technology , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reauthorize the Water Desalination Act of 1996.
1. Reauthorization of Water Desalination Act of 1996 Section 8 of the Water Desalination Act of 1996 ( 42 U.S.C. 10301 note; Public Law 104–298 ) is amended— (1) in subsection (a), in the first sentence, by striking 2013 and inserting 2018 ; and (2) in subsection (b), by striking for each of fiscal years 2012 through 2013 and inserting for each of fiscal years 2013 through 2018 . | https://www.govinfo.gov/content/pkg/BILLS-113hr745ih/xml/BILLS-113hr745ih.xml |
113-hr-746 | I 113th CONGRESS 1st Session H. R. 746 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Bentivolio (for himself, Mr. Hall , Mr. Roskam , Mr. Gohmert , Mr. Chabot , Mr. Franks of Arizona , Mr. Walberg , Mr. Valadao , Mr. Benishek , Mrs. Bachmann , Mr. Broun of Georgia , Mr. Hultgren , and Mr. Pittenger ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide small businesses with a grace period for a regulatory violation, and for other purposes.
1. Short title This Act may be cited as the Protect Small Business Jobs Act of 2013 . 2. In general Section 558 of title 5, United States Code, is amended by adding at the end the following: (d) Before any enforcement action is taken on any sanction on a business for any violation of a rule or pursuant to an adjudication an agency shall— (1) not later than 10 business days after the date on which the agency determines that a sanction may be imposed on the business, provide notice to the business that, if the business is a small business as defined in subsection (k), the small business may be subject to a sanction at the end of the grace period described in paragraph (3); (2) delay any further action for a period of 15 calendar days; (3) for any small business, defer any further action for a period of not less than 6 months, less the 15 days described in paragraph (2), which shall be extended by an additional period of 3 months on application by the small business demonstrating reasonable efforts made in good faith to remedy the violation or other conduct giving rise to the sanction; (4) make a further determination after the period described in paragraph (3) as to whether or not the small business would still be subject to the sanction as of the end of that period; (5) if the determination under paragraph (4) is that the small business would not be subject to the sanction, waive the sanction; and (6) if notice is given more than 10 business days after the date on which the agency determines that a sanction may be imposed on the business, and the agency determines that the same sanction may have been imposed on the business 10 business days prior to the date of the notice, that date of notice shall be the effective date commencing the grace period described in paragraph (3). (e) The grace period described by subsection (d) shall be applicable only once per business per rule, but shall cover subsequent violations of the same rule until it expires. (f) The grace period described by subsection (d) shall not apply to a violation that puts anyone in imminent danger, as defined by the Occupational Safety and Health Act (29 U.S.C. 662 et seq.). (g) Nothing in subsection (d) shall be construed to prevent a small business from appealing any sanction imposed in accordance with the procedures of the agency, or from seeking review under chapter 7 of this title. (h) Any sanction by an agency on a small business for any violation of a rule or pursuant to an adjudication, absent proof of written notice of the sanction and the date on which the agency determined that a sanction may be imposed, or in violation of subsection (d)(3), shall be null and void. (i) Federal agencies shall report annually to the Ombudsman on the utilization of this directive and disclose the penalty mitigation for small businesses. (j) The Ombudsman shall include in its annual report to Congress the agency reports described by subsection (i) and a summary of the findings. (k) For purposes of this section— (1) term small business is defined as any sole proprietorship, partnership, corporation, limited liability company, or other business entity, that— (A) had less than $10,000,000 in gross receipts in the preceding calendar year; (B) is considered a small-business concern as such term is defined pursuant to Section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ); (C) employed fewer than 200 individuals in the preceding calendar year; or (D) had CPI adjusted gross receipts of less than $10,000,000 in the preceding year. (2) the term Ombudsman has the same meaning given such term in section 30(a) of the Small Business Act ( 15 U.S.C. 657(a) ); (3) the term consumer price index means the consumer price index for all urban consumers published by the Department of Labor; and (4) the term CPI adjusted gross receipts means the amount of gross receipts, divided by the consumer price index for calendar year 2012, and multiplied by the consumer price index for the preceding calendar year, rounded to the nearest multiple of $100,000 (or, if midway between multiples of $100,000, to the next higher multiple of $100,000). . | https://www.govinfo.gov/content/pkg/BILLS-113hr746ih/xml/BILLS-113hr746ih.xml |
113-hr-747 | I 113th CONGRESS 1st Session H. R. 747 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Rangel (for himself and Mr. Moran ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend the Military Selective Service Act to require the registration of women with the Selective Service System in light of the Department of Defense elimination of the rule excluding women from direct ground combat assignments in the Armed Forces.
1. Nondiscrimination in application of Military Selective Service registration requirement for citizens and certain residents of the United States (a) Applicability to all citizens and residents within specified age range Section 3(a) of the Military Selective Service Act ( 50 U.S.C. App. 453(a) ) is amended— (1) in the first sentence— (A) by striking male both places it appears; and (B) by inserting or herself after himself ; and (2) in the second sentence, by striking he continues and inserting the alien continues . (b) Effective date The amendments made by subsection (a) shall take effect 60 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr747ih/xml/BILLS-113hr747ih.xml |
113-hr-748 | I 113th CONGRESS 1st Session H. R. 748 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Rangel introduced the following bill; which was referred to the Committee on Armed Services A BILL To require all persons in the United States between the ages of 18 and 25 to perform national service, either as a member of the uniformed services or as civilian service in a Federal, State, or local government program or with a community-based agency or community-based entity, to authorize the induction of persons in the uniformed services during wartime to meet end-strength requirements of the uniformed services, to provide for the registration of women under the Military Selective Service Act, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Universal National Service Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—National Service Sec. 101. Definitions. Sec. 102. National service obligation. Sec. 103. Induction to perform national service. Sec. 104. Two-year period of national service. Sec. 105. Implementation by the President. Sec. 106. Examination and classification of persons. Sec. 107. Deferments and postponements. Sec. 108. Induction exemptions. Sec. 109. Conscientious objection. Sec. 110. Discharge following national service. TITLE II—Amendments to military selective service act Sec. 201. Registration of females. Sec. 202. Registration and induction authority. I National Service 101. Definitions In this title: (1) The terms community-based agency and community-based entity have the meanings given those terms in section 101 of the National and Community Service Act of 1990 ( 42 U.S.C. 12511 ). (2) The term contingency operation has the meaning given that term in section 101(a)(13) of title 10, United States Code. (3) The term military service means service performed as a member of an active or reserve component of the uniformed services. (4) The term national service means— (A) military service; or (B) civilian service in a Federal, State, or local government program or with a community-based agency or community-based entity that, as determined by the President, is engaged in meeting human, educational, environmental, or public safety needs. (5) The term Secretary concerned means— (A) the Secretary of Defense with respect to the Army, Navy, Air Force, and Marine Corps; (B) the Secretary of Homeland Security with respect to the Coast Guard; (C) the Secretary of Commerce with respect to the National Oceanic and Atmospheric Administration; and (D) the Secretary of Health and Human Services with respect to the Public Health Service. (6) The term United States , when used in a geographical sense, means the several States, the District of Columbia, Puerto Rico, the Virgin Islands, and Guam. (7) The term uniformed services means the Army, Navy, Air Force, Marine Corps, Coast Guard, commissioned corps of the National Oceanic and Atmospheric Administration, and commissioned corps of the Public Health Service. 102. National service obligation (a) Obligation for service It is the obligation of every citizen of the United States, and every other person residing in the United States, who is between the ages of 18 and 25 to perform a period of national service as prescribed in this title unless exempted under the provisions of this title. (b) Forms of national service The national service obligation under this title shall be performed either through— (1) military service; or (2) civilian service in a Federal, State, or local government program or with a community-based agency or community-based entity that, as determined by the President, is engaged in meeting human, educational, environmental, or public safety needs. (c) Age limits A person may be inducted under this title only if the person has attained the age of 18 and has not attained the age of 25. 103. Induction to perform national service (a) Induction requirements The President shall provide for the induction of persons described in section 102(a) to perform their national service obligation. (b) Limitation on induction for military service Persons described in section 102(a) may be inducted to perform military service only if— (1) a declaration of war is in effect; (2) the President declares a national emergency, which the President determines necessitates the induction of persons to perform military service, and immediately informs Congress of the reasons for the declaration and the need to induct persons for military service; or (3) members of the Army, Navy, Air Force, or Marine Corps are engaged in a contingency operation pursuant to a congressional authorization for the use of military force. (c) Limitation on number of persons inducted for military service When the induction of persons for military service is authorized by subsection (b), the President shall determine the number of persons described in section 102(a) whose national service obligation is to be satisfied through military service based on— (1) the authorized end strengths of the uniformed services; and (2) the feasibility of the uniformed services to recruit sufficient volunteers to achieve such end-strength levels. (d) Selection for induction (1) Random selection for military service When the induction of persons for military service is authorized by subsection (b), the President shall utilize a mechanism for the random selection of persons to be inducted to perform military service. (2) Random selection for civilian service Persons described in section 102(a) who do not volunteer to perform military service or are not inducted for military service shall perform their national service obligation in a civilian capacity pursuant to section 102(b)(2). (e) Voluntary service A person subject to induction under this title may— (1) volunteer to perform national service in lieu of being inducted; or (2) request permission to be inducted at a time other than the time at which the person is otherwise called for induction. 104. Two-year period of national service (a) General rule Except as otherwise provided in this section, the period of national service performed by a person under this title shall be two years. (b) Grounds for extension At the discretion of the President, the period of military service for a member of the uniformed services under this title may be extended— (1) with the consent of the member, for the purpose of furnishing hospitalization, medical, or surgical care for injury or illness incurred in line of duty; or (2) for the purpose of requiring the member to compensate for any time lost to training for any cause. (c) Early termination The period of national service for a person under this title shall be terminated before the end of such period under the following circumstances: (1) The voluntary enlistment and active service of the person in an active or reserve component of the uniformed services for a period of at least two years, in which case the period of basic military training and education actually served by the person shall be counted toward the term of enlistment. (2) The admission and service of the person as a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, or the United States Merchant Marine Academy. (3) The enrollment and service of the person in an officer candidate program, if the person has signed an agreement to accept a Reserve commission in the appropriate service with an obligation to serve on active duty if such a commission is offered upon completion of the program. (4) Such other grounds as the President may establish. 105. Implementation by the President (a) In general The President shall prescribe such regulations as are necessary to carry out this title. (b) Matter To be covered by regulations Such regulations shall include specification of the following: (1) The types of civilian service that may be performed in order for a person to satisfy the person's national service obligation under this title. (2) The types of Federal, State, and local government programs and programs carried out by a community-based agency or community-based entity that may be used for the performance of national service. (3) Standards for satisfactory performance of civilian service and of penalties for failure to perform civilian service satisfactorily. (4) The manner in which persons shall be selected for induction under this title, including the manner in which those selected will be notified of such selection. (5) All other administrative matters in connection with the induction of persons under this title and the registration, examination, and classification of such persons. (6) A means to determine questions or claims with respect to inclusion for, or exemption or deferment from induction under this title, including questions of conscientious objection. (7) Standards for compensation and benefits for persons performing their national service obligation under this title through civilian service. (8) Such other matters as the President determines necessary to carry out this title. (c) Use of prior Act To the extent determined appropriate by the President, the President may use for purposes of this title the procedures provided in the Military Selective Service Act (50 U.S.C. App. 451 et seq.), including procedures for registration, selection, and induction. 106. Examination and classification of persons (a) Examination Every person subject to induction under this title shall, before induction, be physically and mentally examined and shall be classified as to fitness to perform national service. (b) Different classification standards The President may apply different classification standards for fitness for military service and fitness for civilian service. 107. Deferments and postponements (a) High school students A person who is pursuing a standard course of study, on a full-time basis, in a secondary school or similar institution of learning shall be entitled to have induction under this title postponed until the person— (1) obtains a high school diploma; (2) ceases to pursue satisfactorily such course of study; or (3) attains the age of 20. (b) Post secondary students A person who is pursuing a standard course of study, on a full-time basis, in a university, technical school or similar institution of learning shall be entitled to have induction under this title postponed until the person— (1) obtains a certificate or diploma; (2) ceases to pursue satisfactorily such course of study; or (3) attains the age of 24. (c) Hardship and disability Deferments from national service under this title may be made for— (1) extreme hardship; or (2) physical or mental disability. (d) Training capacity The President may postpone or suspend the induction of persons for military service under this title as necessary to limit the number of persons receiving basic military training and education to the maximum number that can be adequately trained. (e) Termination No deferment or postponement of induction under this title shall continue after the cause of such deferment or postponement ceases. 108. Induction exemptions (a) Qualifications No person may be inducted for military service under this title unless the person is acceptable to the Secretary concerned for training and meets the same health and physical qualifications applicable under section 505 of title 10, United States Code, to persons seeking original enlistment in a regular component of the Armed Forces. (b) Other military service No person shall be liable for induction under this title who— (1) is serving, or has served honorably for at least six months, in any component of the uniformed services on active duty; or (2) is or becomes a cadet or midshipman at the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, the Coast Guard Academy, the United States Merchant Marine Academy, a midshipman of a Navy accredited State maritime academy, a member of the Senior Reserve Officers' Training Corps, or the naval aviation college program, so long as that person satisfactorily continues in and completes at least two years training therein. 109. Conscientious objection (a) Claims as conscientious objector Nothing in this title shall be construed to require a person to be subject to combatant training and service in the uniformed services, if that person, by reason of sincerely held moral, ethical, or religious beliefs, is conscientiously opposed to participation in war in any form. (b) Alternative noncombatant or civilian service A person who claims exemption from combatant training and service under subsection (a) and whose claim is sustained by the local board shall— (1) be assigned to noncombatant service (as defined by the President), if the person is inducted into the uniformed services; or (2) be ordered by the local board, if found to be conscientiously opposed to participation in such noncombatant service, to perform civilian service for the period specified in section 104(a) and subject to such regulations as the President may prescribe. 110. Discharge following national service (a) Discharge Upon completion or termination of the obligation to perform national service under this title, a person shall be discharged from the uniformed services or from civilian service, as the case may be, and shall not be subject to any further service under this title. (b) Coordination with other Authorities Nothing in this section shall limit or prohibit the call to active service in the uniformed services of any person who is a member of a regular or reserve component of the uniformed services. II Amendments to military selective service act 201. Registration of females (a) Registration required Section 3(a) of the Military Selective Service Act ( 50 U.S.C. 453(a) ) is amended— (1) by striking male both places it appears; (2) by inserting or herself after himself ; and (3) by striking he and inserting the person . (b) Conforming amendment Section 16(a) of the Military Selective Service Act ( 50 U.S.C. App. 466(a) ) is amended by striking men and inserting persons . 202. Registration and induction authority (a) Registration Section 4 of the Military Selective Service Act ( 50 U.S.C. App. 454 ) is amended by inserting after subsection (g) the following new subsection: (h) This section does not apply with respect to the induction of persons into the Armed Forces pursuant to the Universal National Service Act. . (b) Induction Section 17(c) of the Military Selective Service Act ( 50 U.S.C. App. 467(c) ) is amended by striking now or hereafter and all that follows through the period at the end and inserting inducted pursuant to the Universal National Service Act. . | https://www.govinfo.gov/content/pkg/BILLS-113hr748ih/xml/BILLS-113hr748ih.xml |
113-hr-749 | I 113th CONGRESS 1st Session H. R. 749 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Luetkemeyer (for himself, Mr. Sherman , Mr. Huizenga of Michigan , Mr. Graves of Missouri , Mr. Meeks , Mr. Westmoreland , Mr. Hinojosa , Ms. Norton , Mr. Michaud , Mr. Renacci , Mr. Royce , Mr. Owens , Mr. Gosar , Mr. Peters of Michigan , Mrs. McCarthy of New York , Mr. Stivers , Mr. Hastings of Florida , Mr. Ben Ray Luján of New Mexico , and Mr. Wilson of South Carolina ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Gramm-Leach-Bliley Act to provide an exception to the annual privacy notice requirement.
1. Short title This Act may be cited as the Eliminate Privacy Notice Confusion Act . 2. Exception to annual privacy notice requirement under the Gramm-Leach-Bliley Act Section 503 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6803 ) is amended by adding at the end the following: (f) Exception to annual notice requirement A financial institution that— (1) provides nonpublic personal information only in accordance with the provisions of subsection (b)(2) or (e) of section 502 or regulations prescribed under section 504(b), and (2) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph (1) or (2). . | https://www.govinfo.gov/content/pkg/BILLS-113hr749ih/xml/BILLS-113hr749ih.xml |
113-hr-750 | I 113th CONGRESS 1st Session H. R. 750 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Thompson of California (for himself and Mr. Gosar ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To award posthumously a Congressional Gold Medal to Stewart Lee Udall in recognition of his contributions to the Nation as hero for the environment, a champion for conservation, a civil right activist, a Native American crusader, and an advocate for the arts.
1. Findings The Congress finds the following: (1) Stewart Lee Udall was born to former Arizona Supreme Court Justice Levi Stewart Udall and Louise Lee Udall on January 31, 1920, in Saint Johns, Arizona. (2) Stewart Lee Udall began serving his country in 1942 when he joined the United States Army Air Corps (predecessor of the United States Air Force) during World War II, serving as an enlisted B–24 waist gunner in Italy. He flew more than 50 missions over Western Europe over 4 years, receiving the Air Medal with 3 Oak Leaf Clusters. (3) After coming home from war, Stewart Lee Udall returned to the University of Arizona where he received a bachelors and law degree and was admitted to the Arizona State Bar. After graduating from law school, he began his own private practice and eventually established the law firm of Udall and Udall with his brother Morris K. Udall. (4) Stewart Lee Udall's first elected office was as a member of the Amphitheater School Board (1951), where he participated in desegregating the Amphitheater School District before the United States Supreme Court ruling in Brown v. Board of Education. (5) Beginning in 1954, Stewart Lee Udall was elected to serve 4 terms as United States Representative from Arizona's second district. (6) Upon the 1960 Presidential election, President Kennedy appointed Stewart Lee Udall as Secretary of the Interior. He maintained this position for 8 years, where his accomplishments under Presidents Kennedy and Johnson made him a hero for the environmental and conservation communities. (7) Among the legislative accomplishments during his cabinet career, Stewart Lee Udall helped guide numerous landmark environmental measures through Congress, including the Wilderness Act of 1964, the Land and Water Conservation Fund Act of 1965, the Endangered Species Preservation Act of 1966, the National Trail System Act of 1968, the Solid Waste Disposal Act of 1965, the Wild and Scenic Rivers Act of 1968, the Clear Air Act, the Water Quality Act of 1965, and the Clean Water Restoration Act of 1966. (8) Stewart Lee Udall was a coauthor of the Economic Opportunity Act of 1964. This legislation created several new social programs that helped promote the health, education, and general welfare of the impoverished. Some of the programs remaining today include Head Start and the Job Corps. (9) As Secretary of the Interior during the Kennedy and Johnson administrations, Stewart Lee Udall expanded the National Park Service by presiding over the acquisition of 3.85 million acres of new holdings, including 4 national parks (Canyonlands in Utah, Redwood in California, North Cascades in Washington State, and Guadalupe Mountains in Texas), 6 national monuments, 9 national recreation areas, 20 historic sites, 50 wildlife refuges, and 8 national seashores. (10) Stewart Lee Udall established the Bureau of Outdoor Recreation to coordinate all Federal outdoor programs. (11) In September 1966, as Secretary of the Interior, Stewart Lee Udall announced the creation of Project EROS, which led the United States to state of the art science and technology that includes Landsat, the longest running enterprise for acquisition of satellite imagery. Project EROS began as a revolutionary program that utilized Earth-orbiting satellites that map the planet to gather data about the Earth's natural resources along with changes in weather and climate. (12) During his tenure as Secretary of the Interior, Stewart Lee Udall also became a champion of the arts, convincing President Kennedy to invite the renowned poet Robert Frost to speak at his inauguration and setting in motion initiatives that led to the creation of the Kennedy Center, Wolf Trap Farm Park, the National Endowments for the Arts and the Humanities, and the revived Ford's Theatre. (13) While Stewart Lee Udall was Secretary of the Interior, he continued to fight against segregation when he threatened to refuse the all-White Washington Redskins access to the new stadium located in Washington, DC, of which he was the Federal landlord. (14) After he left Federal Government service, Stewart Lee Udall continued helping the American people by becoming a crusader for victims of radiation exposure (particularly Native Americans) resulting from the Federal Government's Cold War nuclear programs. He helped to pass the Radiation Exposure Compensation Act in 1990, which was signed by President George Bush. (15) Stewart Lee Udall was a prolific writer, penning countless articles, essays, and op-eds. He also co-authored 9 books, and wrote 9 of his own, including the seminal title in the conservation movement, The Quiet Crisis . (16) Among his many honors, Stewart Lee Udall was a recipient of the Ansel Adams Award, the Wilderness Society's highest conservation award, the Common Cause Public Service Achievement Award for his lifelong protection of the environment and the defense of American citizens who were victims of nuclear weapons testing, and the United Nations Gold Medal for Lifetime Achievement. (17) Until his passing in 2010, Stewart Lee Udall continued his devotion to public service as an author, historian, scholar, lecturer, environmental activist, lawyer, and citizen of the outdoors. 2. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design to honor Stewart Lee Udall in recognition of his contributions to the Nation as hero for the environment, a champion for conservation, a civil right activist, a Native American crusader, and an advocate for the arts. (b) Design and striking For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. 3. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. 4. Status of medals (a) National medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 5. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 3 shall be deposited into the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-113hr750ih/xml/BILLS-113hr750ih.xml |
113-hr-751 | I 113th CONGRESS 1st Session H. R. 751 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. Meadows (for himself, Mr. Cassidy , Mr. Nugent , Mr. Joyce , Mr. Bilirakis , Mrs. Lummis , and Mr. Rooney ) introduced the following bill; which was referred to the Committee on Appropriations A BILL To make supplemental appropriations for the Cops in Schools program for fiscal year 2013.
1. Short title This Act may be cited as the Protect America’s Schools Act of 2013 . 2. Supplemental appropriation for the Cops in Schools program The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2012: Department of Justice Office of Justice Programs Community Oriented Policing Services For an additional amount for Community Oriented Policing Services , as authorized by section 1701 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3796dd ), for school resource officers, $30,000,000. 3. Rescission Of the unobligated balances available for Department of Commerce—National Oceanic and Atmospheric Administration—Operations, Research, and Facilities , $30,000,000 is rescinded. | https://www.govinfo.gov/content/pkg/BILLS-113hr751ih/xml/BILLS-113hr751ih.xml |
113-hr-752 | I 113th CONGRESS 1st Session H. R. 752 IN THE HOUSE OF REPRESENTATIVES February 15, 2013 Mr. McNerney (for himself, Mr. Rangel , Mr. Butterfield , Mr. Ben Ray Luján of New Mexico , Mr. Rush , Mr. Hastings of Florida , and Mr. Valadao ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to provide for the establishment of a drug-free workplace information clearinghouse, to support residential methamphetamine treatment programs for pregnant and parenting women, to improve the prevention and treatment of methamphetamine addiction, and for other purposes.
1. Short title This Act may be cited as the Methamphetamine Education, Treatment, and Hope Act of 2013 . 2. Enhancing health care provider awareness of methamphetamine addiction Section 507(b) of the Public Health Service Act ( 42 U.S.C. 290bb(b) ) is amended— (1) by redesignating paragraphs (13) and (14) as paragraphs (14) and (15), respectively; and (2) by inserting after paragraph (12) the following: (13) collaborate with professionals in the addiction field and primary health care providers to raise awareness about how to— (A) recognize the signs of a substance abuse disorder; and (B) apply evidence-based practices for screening and treating individuals with or at-risk for developing an addiction, including addiction to methamphetamine or other drugs; . 3. Residential Treatment Programs for Pregnant and Parenting Women Section 508 of the Public Health Service Act ( 42 U.S.C. 290bb–1 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking postpartum women treatment for substance abuse and inserting parenting women treatment for substance abuse (including treatment for addiction to methamphetamine) ; (B) in paragraph (1), by striking reside in and inserting reside in or receive outpatient treatment services from ; and (C) in paragraph (2), by striking the minor children of the women reside with the women in such facilities and inserting the minor children of the women who reside in such facilities reside with such women ; (2) in subsection (d), by amending paragraph (2) to read as follows: (2) Referrals for necessary hospital and dental services. ; (3) by amending subsection (m) to read as follows: (m) Allocation of awards In making awards under subsection (a), the Director shall give priority to any entity that agrees to use the award for a program serving an area that— (1) is a rural area, an area designated under section 332 by the Administrator of the Health Resources and Services Administration as a health professional shortage area with a shortage of mental health professionals, or an area determined by the Director to have a shortage of family-based substance abuse treatment options; and (2) is determined by the Director to have high rates of addiction to methamphetamine or other drugs. ; (4) in subsection (p)— (A) by striking October 1, 1994 and inserting one year after the date of the enactment of the Methamphetamine Education, Treatment, and Hope Act of 2013 ; (B) by inserting In submitting reports under this subsection, the Director may use data collected under this section or other provisions of law, insofar as such data is used in a manner consistent with all Federal privacy laws applicable to the use of data collected under this section or other provision, respectively. after biennial report under section 501(k). ; and (C) by striking Each report under this subsection shall include and all that follows and inserting Each report under this subsection shall, with respect to the period for which the report is prepared, include the following: (1) A summary of any evaluations conducted under subsection (o). (2) Data on the number of pregnant and parenting women in need of, but not receiving, treatment for substance abuse. Such data shall include, but not be limited to, the number of pregnant and parenting women in need of, but not receiving, treatment for methamphetamine abuse, disaggregated by State and tribe. (3) Data on recovery and relapse rates of women receiving treatment for substance abuse under programs carried out pursuant to this section, including data disaggregated with respect to treatment for methamphetamine abuse. ; (5) by redesignating subsections (q) and (r) as subsections (r) and (s), respectively; (6) by inserting after subsection (p) the following: (q) Methamphetamine addiction In carrying out this section, the Director shall expand, intensify, and coordinate efforts to provide pregnant and parenting women treatment for addiction to methamphetamine or other drugs. ; and (7) in subsection (s) (as so redesignated), by striking such sums as may be necessary to fiscal years 2001 through 2003 and inserting $16,000,000 for fiscal year 2014, $16,500,000 for fiscal year 2015, $17,000,000 for fiscal year 2016, $17,500,000 for fiscal year 2017, and $18,000,000 for fiscal year 2018 . 4. Workplace information clearinghouse Section 515(b) of the Public Health Service Act ( 42 U.S.C. 290bb–21(b) ) is amended— (1) in paragraph (10), by striking and at the end; (2) by redesignating paragraph (11) as paragraph (13); and (3) by inserting after paragraph (10) the following new paragraph: (11) maintain a clearinghouse that provides information and educational materials to employers and employees about comprehensive drug-free workplace programs and substance abuse prevention and treatment resources; . 5. Youth involvement in prevention strategies Section 515(b) of the Public Health Service Act ( 42 U.S.C. 290bb–21(b) ), as amended by section 4, is further amended by inserting after paragraph (11) the following new paragraph: (12) support the involvement of youth in the development and implementation of prevention strategies focused on youth, with regard to methamphetamine and other drugs; and . | https://www.govinfo.gov/content/pkg/BILLS-113hr752ih/xml/BILLS-113hr752ih.xml |