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113-hr-1053 | I 113th CONGRESS 1st Session H. R. 1053 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To suspend temporarily the duty on Disperse Red 177.
1. Disperse Red 177 (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.00 Disperse Red 177 (CAS No. 68133–69–7) (provided for in subheading 3204.11.50) Free No change No change On or before 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.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-113hr1053ih/xml/BILLS-113hr1053ih.xml |
113-hr-1054 | I 113th CONGRESS 1st Session H. R. 1054 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To suspend temporarily the duty on Disperse Yellow 114.
1. Disperse Yellow 114 (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.00 Disperse Yellow 114 (CAS No. 59312–61–7) (provided for in subheading 3204.11.50) Free No change No change On or before 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.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-113hr1054ih/xml/BILLS-113hr1054ih.xml |
113-hr-1055 | I 113th CONGRESS 1st Session H. R. 1055 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To suspend temporarily the duty on Disperse Violet 57.
1. Disperse Violet 57 (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.00 Disperse Violet 57 (CAS No. 1594–08–7) (provided for in subheading 3204.11.10) Free No change No change On or before 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.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-113hr1055ih/xml/BILLS-113hr1055ih.xml |
113-hr-1056 | I 113th CONGRESS 1st Session H. R. 1056 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the temporary suspension of duty on Acid Black 132.
1. Acid Black 132 (a) In general Heading 9902.03.59 of the Harmonized Tariff Schedule of the United States (relating to Acid Black 132) is amended by striking the date in the effective period column and inserting 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies 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-113hr1056ih/xml/BILLS-113hr1056ih.xml |
113-hr-1057 | I 113th CONGRESS 1st Session H. R. 1057 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To suspend temporarily the duty on Reactive Blue 21.
1. Reactive Blue 21 (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.00 Reactive Blue 21 (CAS No. 73049–92–0) (provided for in subheading 3204.16.20) Free No change No change On or before 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to articles 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-113hr1057ih/xml/BILLS-113hr1057ih.xml |
113-hr-1058 | I 113th CONGRESS 1st Session H. R. 1058 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To suspend temporarily the duty on Acid Black 194.
1. Acid Black 194 (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.00 Acid Black 194 (CAS No. 57693–14–8) (provided for in subheading 3204.12.20) Free No change No change On or before 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to articles 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-113hr1058ih/xml/BILLS-113hr1058ih.xml |
113-hr-1059 | I 113th CONGRESS 1st Session H. R. 1059 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the temporary suspension of duty on Acid Orange 116.
1. Acid Orange 116 (a) In general Heading 9902.03.65 of the Harmonized Tariff Schedule of the United States (relating to Acid Orange 116) is amended by striking the date in the effective period column and inserting 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies 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-113hr1059ih/xml/BILLS-113hr1059ih.xml |
113-hr-1060 | I 113th CONGRESS 1st Session H. R. 1060 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To suspend temporarily the duty on Acid Blue 225.
1. Acid Blue 225 (a) In general Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.01.00 Acid Blue 225 (CAS No. 70209–96–0) (provided for in subheading 3204.12.20) Free No change No change On or before 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies to articles 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-113hr1060ih/xml/BILLS-113hr1060ih.xml |
113-hr-1061 | I 113th CONGRESS 1st Session H. R. 1061 IN THE HOUSE OF REPRESENTATIVES March 11, 2013 Mr. Watt introduced the following bill; which was referred to the Committee on Ways and Means A BILL To extend the temporary suspension of duty on Direct Black 22.
1. Direct Black 22 (a) In general Heading 9902.25.25 of the Harmonized Tariff Schedule of the United States (relating to Direct Black 22) is amended by striking the date in the effective period column and inserting 12/31/2016 . (b) Effective date The amendment made by subsection (a) applies 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-113hr1061ih/xml/BILLS-113hr1061ih.xml |
113-hr-1062 | I 113th CONGRESS 1st Session H. R. 1062 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Garrett (for himself, Mr. Hurt , Mr. Grimm , Mr. Neugebauer , Mrs. Bachmann , Mr. Huizenga of Michigan , Mr. McHenry , Mr. Fincher , Mr. Ross , Mr. Campbell , Mrs. Wagner , Mr. Mulvaney , Mr. Hultgren , Mr. Pittenger , Mr. Gary G. Miller of California , and Mr. Conaway ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To improve the consideration by the Securities and Exchange Commission of the costs and benefits of its regulations and orders.
1. Short title This title may be cited as the SEC Regulatory Accountability Act . 2. Consideration by the Securities and Exchange Commission of the costs and benefits of its regulations and certain other agency actions Section 23 of the Securities Exchange Act of 1934 (15 U.S.C. 78w) is amended by adding at the end the following: (e) Consideration of costs and benefits (1) In general Before issuing a regulation under the securities laws, as defined in section 3(a), the Commission shall— (A) clearly identify the nature and source of the problem that the proposed regulation is designed to address, as well as assess the significance of that problem, to enable assessment of whether any new regulation is warranted; (B) utilize the Chief Economist to assess the costs and benefits, both qualitative and quantitative, of the intended regulation and propose or adopt a regulation only on a reasoned determination that the benefits of the intended regulation justify the costs of the regulation; (C) identify and assess available alternatives to the regulation that were considered, including modification of an existing regulation, together with an explanation of why the regulation meets the regulatory objectives more effectively than the alternatives; and (D) ensure that any regulation is accessible, consistent, written in plain language, and easy to understand and shall measure, and seek to improve, the actual results of regulatory requirements. (2) Considerations and actions (A) Required actions In deciding whether and how to regulate, the Commission shall assess the costs and benefits of available regulatory alternatives, including the alternative of not regulating, and choose the approach that maximizes net benefits. Specifically, the Commission shall— (i) consistent with the requirements of section 3(f) ( 15 U.S.C. 78c(f) ), section 2(b) of the Securities Act of 1933 ( 15 U.S.C. 77b(b) ), section 202(c) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(c) ), and section 2(c) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–2(c) ), consider whether the rulemaking will promote efficiency, competition, and capital formation; (ii) evaluate whether, consistent with obtaining regulatory objectives, the regulation is tailored to impose the least burden on society, including market participants, individuals, businesses of differing sizes, and other entities (including State and local governmental entities), taking into account, to the extent practicable, the cumulative costs of regulations; and (iii) evaluate whether the regulation is inconsistent, incompatible, or duplicative of other Federal regulations. (B) Additional considerations In addition, in making a reasoned determination of the costs and benefits of a potential regulation, the Commission shall, to the extent that each is relevant to the particular proposed regulation, take into consideration the impact of the regulation on— (i) investor choice; (ii) market liquidity in the securities markets; and (iii) small businesses. (3) Explanation and comments The Commission shall explain in its final rule the nature of comments that it received, including those from the industry or consumer groups concerning the potential costs or benefits of the proposed rule or proposed rule change, and shall provide a response to those comments in its final rule, including an explanation of any changes that were made in response to those comments and the reasons that the Commission did not incorporate those industry group concerns related to the potential costs or benefits in the final rule. (4) Review of Existing Regulations Not later than 1 year after the date of enactment of the SEC Regulatory Accountability Act, and every 5 years thereafter, the Commission shall review its regulations to determine whether any such regulations are outmoded, ineffective, insufficient, or excessively burdensome, and shall modify, streamline, expand, or repeal them in accordance with such review. In reviewing any regulation (including, notwithstanding paragraph (6), a regulation issued in accordance with formal rulemaking provisions) that subjects issuers with a public float of $250,000,000 or less to the attestation and reporting requirements of section 404(b) of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7262(b)), the Commission shall specifically take into account the large burden of such regulation when compared to the benefit of such regulation. (5) Post-adoption impact assessment (A) In general Whenever the Commission adopts or amends a regulation designated as a major rule within the meaning of section 804(2) of title 5, United States Code, it shall state, in its adopting release, the following: (i) The purposes and intended consequences of the regulation. (ii) Appropriate post-implementation quantitative and qualitative metrics to measure the economic impact of the regulation and to measure the extent to which the regulation has accomplished the stated purposes. (iii) The assessment plan that will be used, consistent with the requirements of subparagraph (B) and under the supervision of the Chief Economist of the Commission, to assess whether the regulation has achieved the stated purposes. (iv) Any unintended or negative consequences that the Commission foresees may result from the regulation. (B) Requirements of assessment plan and report (i) Requirements of plan The assessment plan required under this paragraph shall consider the costs, benefits, and intended and unintended consequences of the regulation. The plan shall specify the data to be collected, the methods for collection and analysis of the data and a date for completion of the assessment. (ii) Submission and publication of report The Chief Economist shall submit the completed assessment report to the Commission no later than 2 years after the publication of the adopting release, unless the Commission, at the request of the Chief Economist, has published at least 90 days before such date a notice in the Federal Register extending the date and providing specific reasons why an extension is necessary. Within 7 days after submission to the Commission of the final assessment report, it shall be published in the Federal Register for notice and comment. Any material modification of the plan, as necessary to assess unforeseen aspects or consequences of the regulation, shall be promptly published in the Federal Register for notice and comment. (iii) Data collection not subject to notice and comment requirements If the Commission has published its assessment plan for notice and comment, specifying the data to be collected and method of collection, at least 30 days prior to adoption of a final regulation or amendment, such collection of data shall not be subject to the notice and comment requirements in section 3506(c) of title 44, United States Code (commonly referred to as the Paperwork Reduction Act). Any material modifications of the plan that require collection of data not previously published for notice and comment shall also be exempt from such requirements if the Commission has published notice for comment in the Federal Register of the additional data to be collected, at least 30 days prior to initiation of data collection. (iv) Final action Not later than 180 days after publication of the assessment report in the Federal Register, the Commission shall issue for notice and comment a proposal to amend or rescind the regulation, or publish a notice that the Commission has determined that no action will be taken on the regulation. Such a notice will be deemed a final agency action. (6) Covered regulations and other agency actions Solely as used in this subsection, the term regulation — (A) means an agency statement of general applicability and future effect that is designed to implement, interpret, or prescribe law or policy or to describe the procedure or practice requirements of an agency, including rules, orders of general applicability, interpretive releases, and other statements of general applicability that the agency intends to have the force and effect of law; and (B) does not include— (i) a regulation issued in accordance with the formal rulemaking provisions of section 556 or 557 of title 5, United States Code; (ii) a regulation that is limited to agency organization, management, or personnel matters; (iii) a regulation promulgated pursuant to statutory authority that expressly prohibits compliance with this provision; and (iv) a regulation that is certified by the agency to be an emergency action, if such certification is published in the Federal Register. . 3. Sense of Congress relating to other regulatory entities It is the sense of the Congress that other regulatory entities, including the Public Company Accounting Oversight Board, the Municipal Securities Rulemaking Board, and any national securities association registered under section 15A of the Securities Exchange Act of 1934 (15 U.S.C. 78o–3) should also follow the requirements of section 23(e) of such Act, as added by this title. | https://www.govinfo.gov/content/pkg/BILLS-113hr1062ih/xml/BILLS-113hr1062ih.xml |
113-hr-1063 | I 113th CONGRESS 1st Session H. R. 1063 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Lamborn introduced the following bill; which was referred to the Committee on Natural Resources A BILL To require the Secretary of the Interior to conduct an assessment of the capability of the Nation to meet our current and future demands for the minerals critical to United States manufacturing and agricultural competitiveness and economic and national security in a time of expanding resource nationalism, and for other purposes.
1. Short title This Act may be cited as the National Strategic and Critical Minerals Policy Act of 2013 . 2. Findings Congress finds that— (1) the availability of minerals and metals is essential for economic growth, national security, technological innovation, and the manufacturing and agricultural supply chain; (2) the exploration, production, processing, use, and recycling of minerals contribute significantly to the economic well-being, security, and general welfare of the Nation; (3) the industrialization of China and India has driven demand for nonfuel mineral commodities, sparking a period of resource nationalism exemplified by China’s reduction and stoppage of exports of rare-earth mineral elements necessary for telecommunications, military technologies, medical devices, agricultural production, and renewable energy technologies; (4) the United States has vast mineral resources but is becoming increasingly dependent upon foreign sources; (5) 25 years ago the United States was dependent on foreign sources for 30 nonfuel mineral materials, 6 of which were entirely imported to meet the Nation’s requirements and another 16 of which were imported to meet more than 60 percent of the Nation’s needs; (6) by 2010, United States import dependence for nonfuel mineral materials more than doubled from 30 to 67 commodities, 18 commodities were imported entirely to meet the Nation’s requirements, and another 25 commodities required imports of more than 50 percent; (7) the United States lacks a coherent national policy to assure the availability of minerals essential to manufacturing, national economic well-being and security, agricultural production, and global economic competitiveness; and (8) the Nation’s ability to compete and innovate requires proper planning and preparation today to meet tomorrow’s mineral needs. 3. Congressional declaration of policy (a) In general It is the continuing policy of the United States to promote an adequate and stable supply of minerals to maintain our Nation’s economic well-being, security, and manufacturing, industrial, energy, agricultural, and technological capabilities. (b) Policy goals Implementation of the policy set forth in subsection (a) requires that the Federal Government coordinate the Federal departments and agencies responsible for ensuring that supply, to— (1) facilitate the availability, development, and production of domestic mineral resources to meet national needs, including the demands of the Nation’s manufacturing and agricultural industries; (2) promote and encourage the development of economically and environmentally sound, safe, and stable domestic mining, minerals, metals, processing, and minerals recycling industries; (3) establish an assessment capability for identifying the mineral demands, supply, and needs of our Nation; and (4) minimize duplication, needless paperwork, and delays in the administration of Federal and State laws and regulations, and issuance of permits and authorizations necessary to explore, develop, and produce minerals and construct and operate mineral-related facilities. 4. Secretary of the Interior report on access and authorizations for mineral development (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of the Interior, through the Bureau of Land Management and the United States Geological Survey, and in consultation with the Secretary of Agriculture (through the Forest Service Mineral and Geology Management Division), the Secretary of Defense, the Secretary of Commerce, and the heads of other appropriate Federal agencies, shall prepare, submit to Congress, and make available to the public a report that includes— (1) an inventory of the nonfossil-fuel mineral potential of lands under the jurisdiction of the Bureau of Land Management and the Forest Service and an identification of all such lands that have been withdrawn, segregated, or otherwise restricted from mineral exploration and development; (2) an assessment of— (A) the mineral requirements to meet current and emerging national security, economic, industrial manufacturing, technological, agricultural, and social needs; (B) the Nation’s reliance on foreign sources to meet those needs; and (C) the implications of mineral supply shortages or disruptions; (3) a detailed description of the time required to process mineral applications, operating plans, leases, licenses, permits, and other use authorizations for mineral-related activities on lands under the jurisdiction of the Bureau of Land Management and the Forest Service, and identification of measures that would streamline the processing of such applications, such as elimination of overlapping requirements or set deadlines; (4) an itemized list of all use authorizations referred to in paragraph (3) for which applications are pending before the Bureau of Land Management and the Forest Service, and the length of time each of those applications has been pending; (5) an assessment of the impact of litigation on processing or issuing mineral exploration and mine permits, identification of the statutes the litigation was brought under, and the cost to the agency or the Federal Government, including for payments of attorney fees; (6) an update of the 2009 Economic Impact of the Department of the Interior’s Programs and Activities report to include locatable minerals; (7) an assessment of the Federal workforce with educational degrees and expertise in economic geology, geochemistry, mining, industrial minerals, metallurgy, metallurgical engineering, and mining engineering, including— (A) retirement eligibility and agency plans for retention, recruitment, and succession planning; (B) comparison of the existing Federal salaries and recruitment and retention bonuses with the salaries, recruitment incentives, and retention packages normally offered in the mineral industry; and (C) examination of the differences between Federal and private financial packages for early-, mid-, and late-career workers; and (8) an inventory of rare earth element potential on the Federal lands, and impediments or restrictions on the exploration or development of those rare earth elements, and recommendations to lift the impediments or restrictions while maintaining environmental safeguards. (b) Progress reports Not later than one year after the date of enactment of this Act, and each year thereafter for the following two years, the Secretary of the Interior shall submit to Congress and make available to the public a report that describes the progress made in reaching the policy goals described in section 3(b), including— (1) efforts to increase access to domestic supplies of minerals, and facilitation of their production; and (2) implementation of recommendations contained in— (A) the National Research Council reports— (i) Minerals, Critical Minerals, and the U.S. Economy; (ii) Managing Minerals for a Twenty-First Century Military; and (iii) the current workforce study authorized in sections 385 and 1830 of the Energy Policy Act of 2005 (119 Stat. 744, 1137); (B) the Department of Energy Critical Materials Strategy I and II; and (C) the Department of Defense assessment and plan for critical rare earth elements in defense applications required under section 843 of the National Defense Appropriations Act for Fiscal Year 2011. 5. National mineral assessment For the first National Mineral Assessment conducted after the date of enactment of this Act, the United States Geological Survey shall include mineral assessments for those mineral commodities important to the Nation’s energy infrastructure, manufacturing and agricultural industries, and to the national defense. Priority should be given to minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction. 6. Global mineral assessment The United States Geological Survey is directed to expand the current Global Mineral Assessment to include mineral assessments for rare earth elements and other minerals that are critical based on the impact of a potential supply restriction and the likelihood of a supply restriction. Assessments conducted under this section shall include an analysis, developed with participation by the National Minerals Information Center and in consultation with appropriate agencies, of the rare earth elements or other critical minerals supply chain and associated processes and products, including mining, processing, recycling, separation, metal production, alloy production, and manufacturing of products sold to end users. In conducting the assessment, the United States Geological Survey should coordinate with the heads of foreign geologic surveys when possible. 7. Definitions In this Act— (1) Inventory The term inventory means an accounting of known mineral occurrences and mineral deposits, including documentation of identified resources. (2) Mineral assessment The term mineral assessment means an assessment of undiscovered mineral resources that includes a qualitative assessment and a quantitative assessment of such resources. (3) Qualitative assessment The term qualitative assessment means a geologic-based delineation (mapping) of areas permissive for the occurrence of undiscovered mineral resources, based on all available geotechnical data including geology, geophysics, geochemistry, remote sensing, and mineral localities data. (4) Quantitative assessment The term quantitative assessment means a probabilistic estimate of the quantity and quality by tonnage and grade of undiscovered mineral resources in areas delineated as permissive for occurrence in a qualitative assessment. 8. Applicability of other statutory mining policies Nothing in this Act shall be construed as affecting any provision of or requirement under the Mining and Minerals Policy Act of 1970 ( 30 U.S.C. 21a ). | https://www.govinfo.gov/content/pkg/BILLS-113hr1063ih/xml/BILLS-113hr1063ih.xml |
113-hr-1064 | I 113th CONGRESS 1st Session H. R. 1064 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Neugebauer (for himself, Mr. Huizenga of Michigan , Mr. Luetkemeyer , Mr. Cotton , Mr. Stivers , Mr. Garrett , Mr. Lucas , Mr. Ross , Mr. Renacci , Mr. Latta , Mr. Marchant , Mrs. Capito , Mrs. Wagner , Mr. Bachus , Mr. Pittenger , Mr. Griffin of Arkansas , Mr. McHenry , Mrs. Bachmann , Mr. Posey , Mr. Stutzman , Mr. Barr , Mr. Cramer , Mr. Duffy , Mr. Hultgren , Mr. Mulvaney , Mr. Braley of Iowa , Mr. Peters of Michigan , Mr. Loebsack , Mr. Sherman , Mr. Larson of Connecticut , Ms. Moore , Mrs. McCarthy of New York , Mr. Perlmutter , Mr. Capuano , Mrs. Carolyn B. Maloney of New York , Ms. Wasserman Schultz , Mr. Schrader , Mr. Matheson , Mr. Lance , Mr. Kinzinger of Illinois , Mr. Al Green of Texas , and Mr. Gary G. Miller of California ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To reform the National Association of Registered Agents and Brokers, and for other purposes.
1. Short title This Act may be cited as the National Association of Registered Agents and Brokers Reform Act of 2013 . 2. Reestablishment of the national association of registered agents and brokers (a) In general Subtitle C of title III of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6751 et seq. ) is amended to read as follows: C National Association of Registered Agents and Brokers 321. National Association of Registered Agents and Brokers (a) Establishment There is established the National Association of Registered Agents and Brokers (hereafter in this subtitle referred to as the Association ). (b) Status The Association shall— (1) be a nonprofit corporation; (2) have succession until dissolved by an Act of Congress; (3) not be an agent or instrumentality of the United States Government; and (4) except as otherwise provided in this subtitle, be subject to, and have all the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (D.C. Code, sec. 29–301.01 et seq.). (c) Effective date The provisions of this subtitle shall take effect upon the expiration of the 24-month period beginning on the date of enactment of the National Association of Registered Agents and Brokers Reform Act of 2013 . Notwithstanding such effective date, such persons as are required to establish the Association shall take such actions as are necessary to establish the operations of the Association by the effective date. 322. Purpose The purpose of the Association shall be to provide a mechanism through which licensing, continuing education, and other nonresident insurance producer qualification requirements and conditions may be adopted and applied on a multi-state basis without affecting the laws, rules, and regulations, and preserving the rights of a State, pertaining to— (1) licensing, continuing education, and other qualification requirements of producers who are not members of the Association; (2) resident or nonresident producer appointment requirements; (3) supervising and disciplining resident and nonresident insurance producers; (4) establishing licensing fees for resident and nonresident insurance producers so that there is no loss of producer licensing revenue to the State; and (5) prescribing and enforcing laws and regulations regulating the conduct of resident and nonresident insurance producers. 323. Membership (a) Eligibility (1) In general Any insurance producer licensed in its home State shall, subject to paragraphs (2) and (4), be eligible to become a member of the Association. (2) Ineligibility for suspension or revocation of license Subject to paragraph (3), an insurance producer is not eligible to become a member of the Association if a State insurance regulator has suspended or revoked such producer’s insurance license in that State. (3) Resumption of eligibility Paragraph (2) shall cease to apply to any insurance producer if— (A) the State insurance regulator reissues or renews the license of such producer in the State in which the license was suspended or revoked, or otherwise terminates or vacates the suspension or revocation; or (B) the suspension or revocation expires or is subsequently overturned by a court of competent jurisdiction. (4) Criminal background record check required (A) In general An insurance producer shall not be eligible to become a member of the Association unless the producer has undergone a national criminal background record check of the producer's Federal Bureau of Investigation identification record that complies with regulations prescribed by the Attorney General under subparagraph (L). (B) Criminal background record check requested by home state An insurance producer who is licensed in a State and who has undergone a national criminal background record check of its Federal Bureau of Investigation identification record during the 2-year period preceding the date of submission of an application to become a member of the Association, in compliance with such requirements as a condition for such licensure, shall be deemed to have undergone a national criminal background record check for purposes of subparagraph (A). (C) Criminal background record check requested by association (i) In general The Association shall, upon request by an insurance producer licensed in a State, submit identification information obtained from such producer, and a request for a national criminal background record check of such producer, to the Federal Bureau of Investigation. (ii) Bylaws or rules The board of directors of the Association shall prescribe bylaws or rules for obtaining and utilizing identification information and criminal history record information, including the establishment of reasonable fees required to perform a criminal background record check and appropriate safeguards for maintaining confidentiality and security of the information. (D) Form of request A submission under subparagraph (C)(i) shall include such identification information as required by the Attorney General concerning the person about whom the record is requested and a statement signed by the person authorizing the Association to obtain the information. (E) Provision of information by attorney general Upon receiving a submission under subparagraph (C)(ii) from the Association, the Attorney General shall search all records of the Criminal Justice Information Services Division of the Federal Bureau of Investigation that the Attorney General deems appropriate for criminal history records corresponding to the identification information provided under subparagraph (D) and provide all information contained in such records that pertains to the request to the Association. (F) Limitation on permissible uses of information The Association may use information provided under subparagraph (E) only— (i) for purposes of determining compliance with membership criteria established by the Association; and/or (ii) to disclose to State insurance regulators, or Federal or State law enforcement agencies, in conformance with applicable law. (G) Applicant access to criminal history records Notwithstanding subparagraph (F), a producer shall have the right to obtain from the Association a copy of any criminal history record information concerning the producer that is provided to the Association under subparagraph (E). (H) Penalty for improper use or disclosure Whoever knowingly uses any information provided under subparagraph (E) for a purpose not authorized in subparagraph (F), or discloses any such information to anyone not authorized to receive it, shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both. (I) Reliance on information Neither the Association nor any of its directors, officers, or employees shall be liable in any action for using information provided under subparagraph (E) as permitted under subparagraph (F) in good faith and in reasonable reliance on its accuracy. (J) Fees The Attorney General may charge a reasonable fee to defray the expense of conducting the search and providing the information under subparagraph (E), and any such fee shall be collected and remitted by the Association. (K) Rule of construction Nothing in this paragraph shall be construed as— (i) requiring a State insurance regulator to perform criminal background checks under this section; or (ii) limiting any other authority that allows access to criminal background records. (L) Regulations The Attorney General shall prescribe regulations to carry out this paragraph, which shall include— (i) appropriate protections for ensuring the confidentiality of information provided under subparagraph (E); and (ii) procedures providing a reasonable opportunity for a producer to contest the accuracy of information regarding the producer provided under subparagraph (E). (M) Ineligibility for membership (i) In general The Association may, under reasonably consistently applied standards, deny membership to an insurance producer on the basis of criminal history information provided under subparagraph (E), or where the insurance producer has been subject to disciplinary action, as described in paragraph (2). (ii) Rights of applicants denied membership The Association shall notify any producer who is denied membership on the basis of criminal history record information provided under subparagraph (E) of the right of the producer to— (I) obtain a copy of all criminal history record information provided to the Association under subparagraph (E) with respect to the producer; and (II) challenge the accuracy and completeness of the information. (b) Authority To establish membership criteria The Association may establish membership criteria that bear a reasonable relationship to the purposes for which the Association was established. (c) Establishment of classes and categories of membership (1) Classes of membership The Association may establish separate classes of membership, with separate criteria, if the Association reasonably determines that performance of different duties requires different levels of education, training, experience, or other qualifications. (2) Business entities The Association shall establish a class of membership and membership criteria for business entities. A business entity that applies for membership shall be required to designate an individual Association member responsible for the business entity’s compliance with Association rules and the insurance laws, rules, and regulations of any State in which the business entity seeks to do business on the basis of Association membership. (3) Categories (A) Separate categories for producers permitted The Association may establish separate categories of membership for producers and for other persons within each class, based on the types of licensing categories that exist under State laws. (B) Separate treatment for depository institutions prohibited No special categories of membership, and no distinct membership criteria, shall be established for members which are depository institutions or for employees, agents, or affiliates of depository institutions. (d) Membership criteria (1) In general The Association may establish criteria for membership which shall include standards for personal qualifications, education, training, and experience. The Association shall not establish criteria that unfairly limit the ability of a small insurance producer to become a member of the Association, including imposing discriminatory membership fees. (2) Qualifications In establishing criteria under paragraph (1), the Association shall not adopt any qualification less protective to the public than that contained in the NAIC Producer Licensing Model Act in effect as of the date of enactment of the National Association of Registered Agents and Brokers Reform Act of 2013 , and shall consider the highest levels of insurance producer qualifications established under the licensing laws of the States. (3) Assistance from states (A) In general The Association may request a State to provide assistance in investigating and evaluating a prospective member’s eligibility for membership in the Association. (B) Rule of construction Subparagraph (A) shall not be construed as requiring or authorizing any State to adopt new or additional requirements concerning the licensing or evaluation of insurance producers. (4) Denial of membership The Association may, based on reasonably consistently applied standards, deny membership to any State-licensed insurance producer for failure to meet the membership criteria established by the Association. (e) Effect of membership (1) Authority of association members Membership in the Association shall— (A) authorize an insurance producer to sell, solicit, or negotiate insurance in any State for which the member pays the licensing fee set by such State for any line or lines of insurance specified in such producer’s home State license, and exercise all such incidental powers, as shall be necessary to carry out such activities, including claims adjustments and settlement to the extent permissible under such State’s laws, risk management, employee benefits advice, retirement planning, and any other insurance-related consulting activities; (B) be the equivalent of a nonresident insurance producer license for purposes of authorizing the producer to engage in the activities described in subparagraph (A) in any State where the member pays the licensing fee; and (C) be the equivalent of a nonresident insurance producer license for the purpose of subjecting an insurance producer to all laws, regulations, provisions or other action of any State concerning revocation, suspension, or other enforcement action related to a member’s ability to engage in any activity within the scope of authority granted under this subsection and to all State laws, regulations, provisions and actions preserved under paragraph (5). (2) Violent crime control and law enforcement Act of 1994 Nothing in this subtitle shall be construed to alter, modify, or supercede any requirement established by section 1033 of title 18, United States Code. (3) Agent for remitting fees The Association shall act as any member’s agent for purposes of remitting licensing fees to any State pursuant to paragraph (1). (4) Regulator notification (A) In general The Association shall notify the States and the National Association of Insurance Commissioners or its designee when a producer has satisfied the membership criteria of this section. The States and the National Association of Insurance Commissioners or its designee shall have 10 business days after such notification to provide the Association with evidence that the producer does not satisfy the criteria for membership for the Association's consideration in its final membership determination. (B) Ongoing disclosures required On an ongoing basis, the Association shall disclose to the States and the National Association of Insurance Commissioners or its designee the States in which each member is authorized to operate. The Association shall immediately notify the States and the National Association of Insurance Commissioners or its designee when a member is newly authorized to operate in one or more States, or is no longer authorized to operate in one or more States on the basis of Association membership. (5) Preservation of state consumer protection and market conduct regulation No provision of this section shall be construed as altering or affecting the applicability or continuing effectiveness of any law, regulation, provision, or other action of any State, including any law, regulation, provision, or other action that— (A) regulates market conduct, producer conduct, or unfair trade practices; (B) establishes consumer protections; or (C) requires insurance producers to be appointed by a licensed or authorized insurer, to the extent that such law, regulation, provision, or other action is not inconsistent with the provisions of this subtitle related to market entry for nonresident insurance producers, and then only to the extent of such inconsistency. (f) Biennial renewal Membership in the Association shall be renewed on a biennial basis. (g) Continuing education (1) In general The Association shall establish, as a condition of membership, continuing education requirements which shall be comparable to the continuing education requirements under the licensing laws of a majority of the States. (2) State continuing education requirements A member may not be required to satisfy continuing education requirements imposed under the laws, regulations, provisions, or actions of any State other than such member’s home State. (3) Reciprocity The Association shall not require a member to satisfy continuing education requirements that are equivalent to any continuing education requirements of the member’s home State that have been satisfied by the member during the applicable licensing period. (4) Limitation on association The Association shall not directly or indirectly offer any continuing education courses for insurance producers. (h) Probation, suspension and revocation (1) Disciplinary action The Association may place an insurance producer that is a member of the Association on probation or suspend or revoke such producer's membership in the Association, or assess monetary fines or penalties, as the Association determines to be appropriate, if— (A) the producer fails to meet the applicable membership criteria or other rules of the Association; (B) the producer has been subject to disciplinary action pursuant to a final adjudicatory proceeding under the jurisdiction of a State insurance regulator; (C) an insurance license held by the producer has been suspended or revoked by a State insurance regulator; or (D) the producer has been convicted of a crime that would have resulted in the denial of membership pursuant to subsection (a)(4)(M)(i) at the time of application and the Association has received a copy of the final disposition from a court of competent jurisdiction. (2) Violations of association rules The Association shall have the power to investigate alleged violations of Association rules. (3) Reporting The Association shall immediately notify the NAIC or its designee when a producer’s membership has been placed on probation or has been suspended, revoked, or otherwise terminated, or when the Association has assessed monetary fines or penalties. (i) Consumer complaints (1) In general The Association shall— (A) refer any complaint against a member of the Association from a consumer relating to alleged misconduct or violations of State insurance laws to the State insurance regulator where the consumer resides and, when appropriate, to any additional State insurance regulator, as determined by rules adopted by the Association; and (B) make any related records and information available to the NAIC or its designee and to each State insurance regulator to whom the complaint is forwarded. (2) Telephone and other access The Association shall maintain a toll-free number for purposes of this subsection and, as practicable, other alternative means of communication with consumers, such as an Internet webpage. (3) Final disposition of investigation State insurance regulators shall provide the Association with information regarding the final disposition of a complaint referred pursuant to paragraph (1)(A), but nothing shall be construed to compel a State to release confidential investigation reports or other information protected by State law to the Association. (j) Information sharing The Association may share documents, materials, or other information, including confidential and privileged documents, with a State, Federal, or international regulatory agency or enforcement authority, or with the NAIC or its designee, provided that the recipient has the authority and agrees to maintain the confidentiality or privileged status of the document, material, or other information. 324. Board of directors (a) Establishment There is established the board of directors of the Association (hereafter in this subtitle referred to as the Board ), which shall have authority to govern and supervise all activities of the Association. (b) Powers The Board shall have such of the Association’s powers and authority as may be specified in the bylaws of the Association. (c) Composition (1) In general The Board shall consist of 13 members who shall be appointed by the President, by and with the advice and consent of the Senate, of whom— (A) 8 shall be State insurance commissioners appointed in the manner provided in paragraph (2); (B) 2 shall be representatives of property and casualty insurance producers; (C) 1 shall be a representative of life or health insurance producers; (D) 1 shall be a representative of property and casualty insurers; and (E) 1 shall be a representative of life or health insurers. (2) State insurance regulator representatives (A) Before making any appointments pursuant to subparagraph (A) of paragraph (1), the President shall request a list of recommended candidates from the NAIC, which shall not be binding on the President. If the NAIC fails to submit a list of recommendations within 15 business days of the request, the President may make the requisite appointments without considering the views of the NAIC. (B) Not more than 4 members appointed to membership on the Board pursuant to subparagraph (A) of paragraph (1) shall belong to the same political party. (C) If fewer than 8 State insurance commissioners accept appointment to the Board, the President may appoint the remaining State insurance commissioner members of the Board from among individuals who are former State insurance commissioners, provided that any former insurance commissioner so appointed shall not be employed by or have a present direct or indirect financial interest in any insurer, insurance producer, or other entity in the insurance industry other than direct or indirect ownership of, or beneficial interest in, an insurance policy or annuity contract written or sold by an insurer. (3) Private sector representatives In making any appointments pursuant to subparagraphs (B) through (E) of paragraph (1), the President may seek recommendations for candidates from national trade associations representing the category of individuals described, which shall not be binding on the President. (4) State insurance commissioner defined For purposes of this subsection, the term State insurance commissioner means a person who serves in the position in State government, or on the board, commission, or other body that is the principal insurance regulatory authority for the State. (d) Terms (1) In general The term of each Board member shall be for 2 years, except that— (A) the term of— (i) 4 of the State insurance commissioner members of the Board initially appointed under subparagraph (A) of paragraph (1); (ii) 1 of the property and casualty insurance producer members of the Board initially appointed under subparagraph (B) of paragraph (1); and (iii) 1 of the insurer representative members of the Board initially appointed under subparagraphs (D) and (E) of paragraph (1), shall be 1 year, as designated by the President at the time of the nomination of such members; (B) a member of the Board may continue to serve after the expiration of the term to which such member was appointed until a successor is qualified; and (C) any member of the Board appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. (2) Successive terms Board members may be reappointed to successive terms. (e) Initial appointments The appointment of initial Board members shall be made no later than 90 days after the date of enactment of the National Association of Registered Agents and Brokers Reform Act of 2013 . (f) Meetings (1) In general The Board shall meet at the call of the chairperson, as requested in writing to the chairperson by at least 5 members of the Board, or as otherwise provided by the bylaws of the Association. (2) Quorum required A majority of directors shall constitute a quorum. (3) Voting Decisions of the Board shall require the approval of a majority of all directors present at a meeting, a quorum being present. (4) Initial meeting The Board shall hold its first meeting not later than 45 days after the date on which all initial members of the Board have been appointed. (g) Restriction on confidential information Members of the Board appointed pursuant to paragraph (3) of subsection (c) shall not have access to confidential information received by the Association in connection with complaints, investigations, or disciplinary proceedings involving insurance producers. (h) Ethics and conflicts of interest The Board shall issue and enforce an ethical conduct code to address permissible and prohibited activities of Board members and Association officers, employees, agents, or consultants. The code shall, at a minimum, include provisions that prohibit any Board member or Association officer, employee, agent or consultant from— (1) engaging in unethical conduct in the course of performing Association duties; (2) participating in the making or influencing the making of any Association decision, the outcome of which he or she knows or had reason to know would have a reasonably foreseeable material financial effect, distinguishable from its effect on the publicly generally, on the person or a member of his or her immediate family; (3) accepting any gift from any person or entity other than the Association that is given because of the position held by the person in the Association; (4) making political contributions to any person or entity on behalf of the Association; and (5) lobbying or paying someone to lobby on behalf of the Association. 325. Officers (a) Positions The officers of the Association shall consist of a chairperson and a vice chairperson of the Board, an executive director, secretary, and treasurer of the Association, and such other officers and assistant officers as may be deemed necessary. (b) Manner of selection Each officer of the Board and the Association shall be elected or appointed at such time, in such manner, and for such terms as may be prescribed in the bylaws of the Association. 326. Bylaws, rules, and disciplinary action (a) Adoption and amendment of bylaws and rules (1) Copy required to be filed The board of directors of the Association shall submit to the President and the NAIC any proposed bylaw or rules of the Association or any proposed amendment to the bylaws or rules, accompanied by a concise general statement of the basis and purpose of such proposal. Rules shall be promulgated in accordance with the Federal Administrative Procedure Act. (2) Effective date Any proposed bylaw or rule or proposed amendment to the bylaws or rules shall take effect, after notice published in the Federal Register and opportunity for comment, upon such date as the Association may designate, unless suspended under subsection (c) of section 330. (b) Disciplinary action by the association (1) Specification of charges In any proceeding to determine whether membership shall be denied, suspended, revoked, or not renewed or to determine whether a member of the Association should be placed on probation (in this section referred to as a disciplinary action ) or whether to assess fines or monetary penalties, the Association shall bring specific charges, notify such member of such charges, give the member an opportunity to defend against the charges, and keep a record. (2) Supporting statement A determination to take disciplinary action shall be supported by a statement setting forth— (A) any act or practice in which such member has been found to have been engaged; (B) the specific provision of this subtitle, the rules or regulations under this subtitle, or the rules of the Association which any such act or practice is deemed to violate; and (C) the sanction imposed and the reason for such sanction. (3) Ineligibility of private sector representatives Members of the Board appointed pursuant to section 324(c)(3) shall not participate in any disciplinary action, and shall not have access to confidential information concerning such actions. 327. Powers In addition to all the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act, the Association shall have the following powers: (1) To establish and collect such membership fees as the Association finds necessary to impose to cover the costs of its operations. (2) To adopt, amend, and repeal bylaws and rules governing the conduct of Association business and performance of its duties. (3) To establish procedures for providing notice and opportunity for comment pursuant to section 326(a). (4) To enter into and perform such agreements as necessary to carry out its duties. (5) To hire employees, professionals or specialists, and elect or appoint officers, and to fix their compensation, define their duties and give them appropriate authority to carry out the purposes of this subtitle, and determine their qualification; and to establish the Association’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel. (6) To borrow money. (7) To secure funding for such amounts as the Association determines to be necessary and appropriate to organize and begin operations of the Association, which shall be treated as loans to be repaid by the Association with interest at market rate, except that the Board shall not secure funding from an insurer, insurance producer, or insurance association, but may secure funding from the NAIC. 328. Report by Association (a) In general As soon as practicable after the close of each fiscal year, the Association shall submit to the President and the NAIC a written report regarding the conduct of its business, and the exercise of the other rights and powers granted by this subtitle, during such fiscal year. (b) Financial statements Each report submitted under subsection (a) with respect to any fiscal year shall include financial statements setting forth the financial position of the Association at the end of such fiscal year and the results of its operations (including the source and application of its funds) for such fiscal year. 329. Liability of the Association and the directors, officers, and employees of the Association (a) In general The Association shall not be deemed to be an insurer or insurance producer within the meaning of any State law, rule, regulation, or order regulating or taxing insurers, insurance producers, or other entities engaged in the business of insurance, including provisions imposing premium taxes, regulating insurer solvency or financial condition, establishing guaranty funds and levying assessments, or requiring claims settlement practices. (b) Liability of directors, officers, and employees No director, officer, or employee of the Association shall be personally liable to any person for any action taken or omitted in good faith in any matter within the scope of their responsibilities in connection with the Association. 330. Presidential oversight (a) Removal of board If the President determines that the Association is acting in a manner contrary to the interests of the public or the purposes of this subtitle or has failed to perform its duties under this subtitle, the President may remove the entire existing Board for the remainder of the term to which the members of the Board were appointed and appoint, in accordance with section 324 and with the advice and consent of the Senate, new members to fill the vacancies on the Board for the remainder of such terms. (b) Removal of board member The President may remove a member of the Board only for neglect of duty or malfeasance in office. (c) Suspension of rules or actions Following notice to the Board, the President, or a person designated by the President for such purpose, may suspend the effectiveness of any rule, or prohibit any action, of the Association which the President or the designee determines is contrary to the purposes of this subtitle. 331. Relationship to State law (a) Preemption of state laws State laws, regulations, provisions, or other actions purporting to regulate insurance producers shall be preempted to the extent provided in subsection (b). (b) Prohibited actions (1) In general No State shall— (A) impede the activities of, take any action against, or apply any provision of law or regulation arbitrarily or discriminatorily to, any insurance producer because that insurance producer or any affiliate plans to become, has applied to become, or is a member of the Association; (B) impose any requirement upon a member of the Association that it pay fees different from those required to be paid to that State were it not a member of the Association; or (C) impose any continuing education requirements on any nonresident insurance producer that is a member of the Association. (2) States other than a home State No State, other than a member’s home State, shall— (A) impose any licensing, personal or corporate qualifications, education, training, experience, residency, continuing education, or bonding requirement upon a member of the Association that is different from the criteria for membership in the Association or renewal of such membership; (B) impose any requirement upon a member of the Association that it be licensed, registered, or otherwise qualified to do business or remain in good standing in such State, including any requirement that such insurance producer register as a foreign company with the secretary of state or equivalent State official; (C) require that a member of the Association submit to a criminal history record check as a condition of doing business in such State; or (D) impose any licensing, registration, or appointment requirements upon a member of the Association, or require a member of the Association to be authorized to operate as an insurance producer, in order to sell, solicit, or negotiate insurance for commercial property and casualty risks to an insured with risks located in more than one State, if such member is licensed or otherwise authorized to operate in the State where the insured maintains its principal place of business and the contract of insurance insures risks located in that State. (3) Preservation of State disciplinary authority Nothing in this section may be construed to prohibit a State from investigating and taking appropriate disciplinary action, including suspension or revocation of a producer's authority to do business in a State, in accordance with such State's law and that is not inconsistent with the provisions of this section, against a member of the Association as a result of a complaint or for any alleged activity, regardless of whether such activity occurred before or after the producer commenced doing business in that State pursuant to Association membership. 332. Coordination with other regulators (a) Coordination with State insurance regulators The Association may— (1) establish a central clearinghouse, or utilize the NAIC or any other appropriate entity as a central clearinghouse, through which members of the Association may pursuant to section 323(e) disclose their intent to operate in 1 or more States and pay the licensing fees to the appropriate States; and (2) establish a national database for the collection of regulatory information concerning the activities of insurance producers or contract with the NAIC or any other entity to utilize such a database. (b) Coordination with the financial industry regulatory authority The Association shall coordinate with the Financial Industry Regulatory Authority in order to ease any administrative burdens that fall on persons that are members of both associations, consistent with the requirements of this subtitle and the Federal securities laws. 333. Right of action (a) Right of action Any person aggrieved by a decision or action of the Association may, after reasonably exhausting available avenues for resolution within the Association, commence a civil action in an appropriate United States district court, and obtain all appropriate relief. (b) Association interpretations In any such action, the court shall give appropriate weight to the Association’s interpretation of its bylaws and this subtitle. 334. Definitions For purposes of this subtitle, the following definitions shall apply: (1) Business entity The term business entity means a corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity. (2) Home state The term home State means the State in which the insurance producer maintains its principal place of residence or business and is licensed to act as an insurance producer. (3) Insurance The term insurance means any product, other than title insurance or bail bonds, defined or regulated as insurance by the appropriate State insurance regulatory authority. (4) Insurance producer The term insurance producer means any insurance agent or broker, excess or surplus lines broker or agent, insurance consultant, limited insurance representative, and any other individual or entity that sells, solicits, or negotiates policies of insurance or offers advice, counsel, opinions or services related to insurance. (5) Principal place of business The term principal place of business means the State in which an insurance producer maintains the headquarters of the producer and, in the case of a business entity, where the entity's high-level officers direct, control, and coordinate the business activities of the entity. (6) Principal place of residence The term principal place of residence means the State in which an insurance producer resides for the greatest number of days during a calendar year. (7) State The term State includes any State, the District of Columbia, any territory of the United States, and Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands. (8) State law (A) In general The term State law includes all laws, decisions, rules, regulations, or other State action having the effect of law, of any State. (B) Laws applicable in the district of columbia A law of the United States applicable only to or within the District of Columbia shall be treated as a State law rather than a law of the United States. . (b) Clerical amendment The table of contents for the Gramm-Leach-Bliley Act is amended by striking the items relating to subtitle C of title III and inserting the following new items: Subtitle C—National Association of Registered Agents and Brokers Sec. 321. National Association of Registered Agents and Brokers. Sec. 322. Purpose. Sec. 323. Membership. Sec. 324. Board of directors. Sec. 325. Officers. Sec. 326. Bylaws, rules, and disciplinary action. Sec. 327. Powers. Sec. 328. Report by Association. Sec. 329. Liability of the Association and the directors, officers, and employees of the Association. Sec. 330. Presidential oversight. Sec. 331. Relationship to State law. Sec. 332. Coordination with other regulators. Sec. 333. Right of action. Sec. 334. Definitions. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1064ih/xml/BILLS-113hr1064ih.xml |
113-hr-1065 | I 113th CONGRESS 1st Session H. R. 1065 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Garrett (for himself, Mr. Chaffetz , Mr. Westmoreland , Mr. Gohmert , Mr. Huizenga of Michigan , Mr. Nunnelee , Mr. Franks of Arizona , Mr. Harris , Mr. LaMalfa , Mr. Bishop of Utah , Mr. Labrador , Mr. Duncan of South Carolina , Mr. Broun of Georgia , and Mr. Miller of Florida ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to reduce the Federal tax on fuels by the amount of any increase in the rate of tax on such fuel by the States.
1. Short title; etc (a) Short title This Act may be cited as the Surface Transportation and Taxation Equity Act or as the STATE Act . (b) Purposes The purposes of this Act are to— (1) return primary transportation program responsibility and taxing authority to the States, (2) free States’ transportation dollars from Federal micromanagement, earmarking, and budgetary pressures, (3) enable decisions regarding which infrastructure projects will be built, how they will be financed, and how they will be regulated to be made by persons best able to make those decisions, (4) eliminate the current system in which a Federal gasoline tax is sent to Washington and through a cumbersome Department of Transportation bureaucracy, (5) prohibit the Federal Government from forcing unwanted mandates on States by threatening to withhold transportation money, and (6) achieve measurable congestion mitigation and infrastructure preservation and safety in a cost effective way subject to available resources. 2. Federal tax on fuels decreased by amount of increase in State tax on fuel (a) In general Subpart B of part III of subchapter A of chapter 32 of the Internal Revenue Code of 1986 (relating to special provisions applicable to fuels tax) is amended by adding at the end the following new section: 4106. Reduction in rates of tax based on increase in State tax rate (a) In general Under regulations prescribed by the Secretary, the rate of tax imposed under section 4081 with respect to any fuel and the rate of tax imposed under section 4041 with respect to any liquid shall be decreased, but not below 2 cents per gallon, by the applicable State tax rate increase with respect to such fuel or liquid. (b) Applicable State tax rate increase For purposes of this section, the term applicable State tax rate increase means, with respect to any fuel or liquid, the excess, as periodically determined under tables prescribed by the Secretary, of— (1) the rate of tax imposed by the applicable State on the sale or use of such fuel or liquid, over (2) the rate of tax imposed by the applicable State on the sale or use of such fuel or liquid as of the date of the introduction of the STATE Act . Any increase in the rate of tax imposed by any applicable State on the sale or use of any fuel or liquid shall be taken into account under this subsection only if State law provides that such increase is to be taken into account under this subsection. (c) Applicable State For purposes of this section, the term applicable State means the State which is determined under regulations prescribed by the Secretary as— (1) in the case of a liquid to which section 4041 applies, the State in which such liquid is sold or used, or (2) in the case of a fuel to which section 4081 applies, the State in which such fuel is most likely to be sold or used. (d) Requirement To maintain interstate highway system Subsection (a) shall not apply with respect to any fuel or liquid if the applicable State with respect to such fuel or liquid has not entered into an agreement with the Secretary of Transportation under which such State has agreed to provide for the proper maintenance of that portion of the interstate highway system which is within such State. . (b) Conforming amendments (1) Section 9503 of such Code is amended by striking subsection (d). (2) (A) Paragraph (4) of section 9503(e) of such Code is amended to read as follows: (4) Reduction in rate of transfer based on reduction in State tax rates (A) In general There shall be substituted for each amount in paragraph (2) an amount which bears the same ratio to such amount as the aggregate reduced tax rate bears to the aggregate unreduced tax rate. (B) Aggregate reduced tax rate For purposes of subparagraph (A), the term aggregate reduced tax rate means, with respect to any amount for any calendar year, the amount of tax that the Secretary estimates will be imposed with respect to the liquid or fuel to which such amount relates for such year after application of section 4106. (C) Aggregate unreduced tax rate For purposes of subparagraph (A), the term aggregate unreduced tax rate means, with respect to any amount for any calendar year, the amount of tax that the Secretary estimates would have been imposed with respect to the liquid or fuel to which such amount relates for such year if section 4106 did not apply for such year. . (B) Subparagraph (A) of section 9503(e)(2) of such Code is amended by striking sentence and inserting subsection . (3) The table for section for subpart B of part III of subchapter A of chapter 32 of such Code is amended by adding at the end the following new item: Sec. 4106. Reduction in rates of tax based on increase in State tax rate. . (c) Effective date The amendment made by this section shall apply to liquid or fuel removed, entered, sold, or used after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1065ih/xml/BILLS-113hr1065ih.xml |
113-hr-1066 | I 113th CONGRESS 1st Session H. R. 1066 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Rahall introduced the following bill; which was referred to the Committee on Natural Resources , 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 Indian Arts and Crafts Act to clarify the definition of Indian and Indian organization for the purposes of that Act.
1. Definitions Section 6(a) of the Act entitled An Act to promote the development of Indian arts and crafts and to create a board to assist therein, and for other purposes ( 25 U.S.C. 305e(a) ) is amended as follows: (1) By striking paragraph (1) and inserting the following: (1) Indian The term Indian means an individual that— (A) is a member of an Indian tribe; (B) is certified as an Indian artisan by an Indian tribe; (C) is a member of an Indian organization and who— (i) resides in the State in which the Indian organization is chartered and headquartered; and (ii) is a direct lineal descendant of a person listed on the base roll of an Indian tribe, whether or not such individual qualifies for membership in the Indian tribe; or (D) is a member of an Indian organization and who— (i) resides in the State in which the Indian organization is chartered and headquartered; and (ii) is a direct lineal descendant of a person listed on a judgment fund distribution list, roll, or census of Indians or other document prepared and approved by the Secretary of the Interior or the Secretary’s authorized representative, whether or not such judgment fund distribution list, roll, census or document is used by an Indian tribe to determine membership. . (2) By adding at the end the following: (5) Indian organization The term Indian organization means a nonprofit organization that— (A) is chartered as a section 501(c)(3) organization with the State in which the organization is headquartered; (B) is recognized by a State legislative body as an Indian organization or group, in which a majority of its members are recognized as Indians, whether or not such organization is recognized as a State or federally recognized tribe; (C) is dedicated to preserving Native American principles, traditions, culture, history, language, and arts; (D) performs free genealogical information on its members to verify that an individual meets the definition of Indian as defined in this Act; and (E) retains genealogical information collected on its members for verification. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1066ih/xml/BILLS-113hr1066ih.xml |
113-hr-1069 | I 113th CONGRESS 1st Session H. R. 1069 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Boustany introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title IV of the Social Security Act to require States to implement a drug screening and testing program for applicants for and recipients of assistance under the Temporary Assistance for Needy Families (TANF) program, and for other purposes.
1. Short title This Act may be cited as the TANF Substance Abuse Prevention Act . 2. Drug screening and testing program for applicants for and recipients of assistance under State TANF programs (a) State plan requirement of drug testing program Section 402(a) of the Social Security Act ( 42 U.S.C. 602(a) ) is amended by adding at the end the following: (8) Certification that the State will operate an illegal drug use screening and testing program (A) In general A certification by the chief executive officer of the State that the State will operate a program in accordance with section 408(a)(13) to screen all applicants for assistance under the State program funded under this part, and all individuals described in subparagraph (C) of such section, for the use of illegal drugs (as defined in subparagraph (E) of such section), and to test all such applicants and individuals who are found as a result of the screening to have a high risk of substance abuse. (B) Authority for continued testing The program described in subparagraph (A) may include a plan to continue screening or testing individuals receiving assistance under the State program funded under this part for illegal drug use at random or set intervals after the initial screening or testing of the individuals, at the discretion of the State agency administering such State program. . (b) Requirement that applicants and individuals receiving assistance be screened, and if necessary tested, for illegal drug use Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) ) is amended by adding at the end the following: (13) Requirement for drug screening and testing; denial of assistance for individuals not screened, or if necessary, tested for the use of illegal drugs (A) In general A State to which a grant is made under section 403 shall not use any part of the grant to provide assistance to any individual who has not been screened for the use of illegal drugs, or who, having been found as a result of the screening to have a high risk of substance abuse, has not been tested for the use of illegal drugs, under the program required under section 402(a)(8). (B) Screening method The method by which substance abuse screening is to be conducted under this paragraph is by means of a survey that has been shown to be effective in identifying likely substance abuse and that is administered by an interview or a self-administered test designed to determine whether an individual should be further evaluated for substance abuse. (C) Transition rule In the case of an individual who is receiving assistance under the State program funded under this part on the effective date of this paragraph, or whose application for assistance is approved before such date if the assistance has not begun as of such date, a State may not provide assistance to the individual unless the individual is screened for illegal drug use in accordance with this paragraph after the 3rd month that begins after such date and, if found as a result of the screening to have a high risk of substance abuse, is tested for the use of illegal drugs, under the program so described. (D) Limitation on waiver authority The Secretary may not waive the provisions of this paragraph under section 1115. (E) Illegal drug defined In this paragraph, the term illegal drug means a controlled substance as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 ). (F) Preservation of assistance for other family members If an individual is denied assistance under this paragraph, the State shall continue to provide the assistance that would otherwise be provided in respect of the other members of the family of the individual, through protective or vendor payments to a 3rd party for the benefit of the other family members. . (c) Effective date (1) In general Except as provided in paragraph (2), the amendments made by this section shall take effect on the 1st day of the 1st calendar quarter that begins on or after the date that is 1 year after the date of the enactment of this Act. (2) Delay permitted if State legislation required In the case of a State plan under section 402(a) of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such section 402(a) solely on the basis of the failure of the plan to meet such additional requirements before the 1st day of the 1st calendar quarter beginning after the close of the 1st regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. | https://www.govinfo.gov/content/pkg/BILLS-113hr1069ih/xml/BILLS-113hr1069ih.xml |
113-hr-1070 | I 113th CONGRESS 1st Session H. R. 1070 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Dent (for himself, Mr. Courtney , Mr. Fitzpatrick , and Mr. Payne ) 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 waive coinsurance under Medicare for colorectal cancer screening tests, regardless of whether therapeutic intervention is required during the screening.
1. Short title This Act may be cited as the Removing Barriers to Colorectal Cancer Screening Act of 2013 . 2. Findings Congress finds the following: (1) Colorectal cancer is the second leading cause of cancer death among men and women in the United States, killing more non-smokers than any other cancer. (2) Every year, more than 140,000 Americans are diagnosed with colorectal cancer and more than 50,000 Americans will die from it. (3) Colorectal cancer screening colonoscopy allows for the detection and removal of polyps, or abnormal growths, that could become cancerous, as well as for the early detection of colorectal cancer when treatment can be most effective. (4) If all precancerous polyps were identified and removed before becoming cancerous, estimates show the number of new colorectal cancer cases could be reduced by 76 to 90 percent and deaths could be reduced by 70 to 90 percent. (5) Although colorectal cancer is largely preventable, one in three adults between the ages of 50 and 75 are not up to date with recommended colorectal cancer screening. (6) Two-thirds of colorectal cancer cases are diagnosed in patients over the age of 65. (7) Colorectal cancer screening colonoscopy is a highly effective preventive service, and removing financial barriers can help to increase rates of screening. 3. Waiving Medicare coinsurance for colorectal cancer screening tests (a) In general Section 1833(a)(1)(Y) of the Social Security Act (42 U.S.C. 1395l(a)(1)(Y)) is amended by inserting , including a colorectal cancer screening test (regardless of the code that is billed for the establishment of a diagnosis as a result of the test, or for the removal of tissue or other procedure that is furnished in connection with, as a result of, and in the same clinical encounter as the screening test), after section 1861(ddd)(3) . (b) Effective date The amendment made by subsection (a) shall apply to items and services furnished after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1070ih/xml/BILLS-113hr1070ih.xml |
113-hr-1071 | I 113th CONGRESS 1st Session H. R. 1071 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Hanna (for himself, Mr. Doyle , and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To specify the size of the precious-metal blanks that will be used in the production of the National Baseball Hall of Fame commemorative coins.
1. Size of precious-metal blanks Section 3(a) of the National Baseball Hall of Fame Commemorative Coin Act ( Public Law 112–152 ) is amended— (1) in paragraph (1)(B), by striking have and inserting be struck on a planchet having a ; and (2) in paragraph (2)(B), by striking have a and inserting be struck on a planchet having a . | https://www.govinfo.gov/content/pkg/BILLS-113hr1071ih/xml/BILLS-113hr1071ih.xml |
113-hr-1072 | I 113th CONGRESS 1st Session H. R. 1072 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Duncan of Tennessee (for himself, Mrs. Blackburn , Mrs. Black , Mr. Hanna , Mr. Graves of Missouri , Mr. Westmoreland , Mr. Huizenga of Michigan , Mr. Broun of Georgia , Mr. Benishek , Mr. Duncan of South Carolina , Mr. Coffman , Mr. Cramer , Mr. Graves of Georgia , and Mr. Sessions ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require that the Federal Government procure from the private sector the goods and services necessary for the operations and management of certain Government agencies, and for other purposes.
1. Short title This Act may be cited as the Freedom from Government Competition Act of 2013 . 2. Findings Congress makes the following findings: (1) Private sector business concerns, which are free to respond to the private or public demands of the marketplace, constitute the strength of the United States economic system. (2) Competitive private enterprises are the most productive, efficient, and effective sources of goods and services. (3) Unfair Government competition with the private sector of the economy is detrimental to the United States economic system. (4) Unfair Government competition with the private sector of the economy is at an unacceptably high level, both in scope and in dollar volume. (5) Current law and policy have failed to address adequately the problem of unfair Government competition with the private sector of the economy. (6) It is in the public interest that the Federal Government establish a consistent policy to rely on the private sector of the economy to provide goods and services necessary for or beneficial to the operation and management of Federal agencies and to avoid unfair Government competition with the private sector of the economy. 3. Definitions In this Act, the term agency means— (1) an executive department as defined by section 101 of title 5, United States Code; (2) a military department as defined by section 102 of such title; and (3) an independent establishment as defined by section 104(l) of such title. 4. Procurement from private sources (a) Policy In the process of governing, the Federal Government should not compete with its citizens. The competitive enterprise system, characterized by individual freedom and initiative, is the primary source of national economic strength. In recognition of this principle, it has been and continues to be the general policy of the Federal Government— (1) to rely on commercial sources to supply the products and services the Government needs; (2) to refrain from providing a product or service if the product or service can be procured more economically from a commercial source; and (3) to utilize Federal employees to perform inherently governmental functions (as that term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; 112 Stat. 2384)). (b) General rule Except as provided in subsection (c) and notwithstanding any other provision of law, each agency shall obtain all goods and services necessary for or beneficial to the accomplishment of its authorized functions by procurement from private sources. (c) Exemptions Subsection (b) shall not apply to an agency with respect to goods or services if— (1) the goods or services are required by law to be produced or performed, respectively, by the agency; or (2) the head of the agency determines and certifies to Congress in accordance with regulations promulgated by the Director of the Office of Management and Budget that— (A) Federal Government production, manufacture, or provision of a good or service is necessary for the national defense or homeland security; (B) a good or service is so inherently governmental in nature that it is in the public interest to require production or performance, respectively, by Government employees; or (C) there is no private source capable of providing the good or service. (d) Method of procurement The provision of goods and services not exempt by subsection (c)(1) or (c)(2) shall be performed by an entity in the private sector through— (1) the divestiture of Federal involvement in the provision of a good or service; (2) the award of a contract to an entity in the private sector, using competitive procedures, as defined in section 152 of title 41, United States Code, and section 2302 of title 10, United States Code; or (3) conducting a public-private competitive sourcing analysis in accordance with the procedures established by the Office of Management and Budget and determining that using the assets, facilities, and performance of the private sector is in the best interest of the United States and that production or performance, respectively, by the private sector provides the best value to the taxpayer. (e) Contracted activities The head of an agency may utilize Federal employees to provide goods or services previously provided by an entity in the private sector upon completion of a public-private competitive sourcing analysis described in subsection (d)(3), and after making a determination that the provision of such goods or services by Federal employees provides the best value to the taxpayer. (f) Regulations The Director of the Office of Management and Budget shall promulgate such regulations as the Director considers necessary to carry out this section. In promulgating such regulations, the Director shall assure that any State or territory, or political subdivision of a State or territory, complies with the policy and implements the requirements of this section when expending Federal funds. 5. Study and report The Director of the Office of Management and Budget, in conjunction with the Comptroller General of the United States, shall carry out a study to evaluate the activities carried out in each agency, including those identified as commercial and inherently governmental in nature in the inventory prepared pursuant to the Federal Activities Inventory Reform Act ( Public Law 105–270 ; 31 U.S.C. 501 note) and shall transmit a report to the Congress prior to June 30 of each year. The report shall include— (1) an evaluation of the justification for exempting activities pursuant to section 4(c); and (2) a schedule for the transfer of commercial activities to the private sector, pursuant to section 4(d), to be completed within 5 years after the date on which such report is transmitted to the Congress. | https://www.govinfo.gov/content/pkg/BILLS-113hr1072ih/xml/BILLS-113hr1072ih.xml |
113-hr-1073 | I 113th CONGRESS 1st Session H. R. 1073 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Sensenbrenner (for himself, Mr. Goodlatte , Mr. Conyers , and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to provide for protection of maritime navigation and prevention of nuclear terrorism, and for other purposes.
1. Short title This Act may be cited as the Nuclear Terrorism Conventions Implementation and Safety of Maritime Navigation Act of 2013 . I Safety of Maritime Navigation 101. Amendment to section 2280 of title 18, United States Code Section 2280 of title 18, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)(A)(i), by striking a ship flying the flag of the United States and inserting a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46) ; (B) in paragraph (1)(A)(ii), by inserting , including the territorial seas after in the United States ; and (C) in paragraph (1)(A)(iii), by inserting , by a United States corporation or legal entity, after by a national of the United States ; (2) in subsection (c), by striking section 2(c) and inserting section 13(c) ; (3) by striking subsection (d); (4) by striking subsection (e) and inserting after subsection (c): (d) Definitions As used in this section, section 2280a, section 2281, and section 2281a, the term— (1) applicable treaty means— (A) the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970; (B) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971; (C) the Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly of the United Nations on 14 December 1973; (D) International Convention against the Taking of Hostages, adopted by the General Assembly of the United Nations on 17 December 1979; (E) the Convention on the Physical Protection of Nuclear Material, done at Vienna on 26 October 1979; (F) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 24 February 1988; (G) the Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf, done at Rome on 10 March 1988; (H) International Convention for the Suppression of Terrorist Bombings, adopted by the General Assembly of the United Nations on 15 December 1997; and (I) International Convention for the Suppression of the Financing of Terrorism, adopted by the General Assembly of the United Nations on 9 December 1999; (2) armed conflict does not include internal disturbances and tensions, such as riots, isolated and sporadic acts of violence, and other acts of a similar nature; (3) biological weapon means— (A) microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective, or other peaceful purposes; or (B) weapons, equipment, or means of delivery designed to use such agents or toxins for hostile purposes or in armed conflict; (4) chemical weapon means, together or separately— (A) toxic chemicals and their precursors, except where intended for— (i) industrial, agricultural, research, medical, pharmaceutical, or other peaceful purposes; (ii) protective purposes, namely those purposes directly related to protection against toxic chemicals and to protection against chemical weapons; (iii) military purposes not connected with the use of chemical weapons and not dependent on the use of the toxic properties of chemicals as a method of warfare; or (iv) law enforcement including domestic riot control purposes, as long as the types and quantities are consistent with such purposes; (B) munitions and devices, specifically designed to cause death or other harm through the toxic properties of those toxic chemicals specified in subparagraph (A), which would be released as a result of the employment of such munitions and devices; and (C) any equipment specifically designed for use directly in connection with the employment of munitions and devices specified in subparagraph (B); (5) covered ship means a ship that is navigating or is scheduled to navigate into, through or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country’s territorial sea with an adjacent country; (6) explosive material has the meaning given the term in section 841(c) and includes explosive as defined in section 844(j) of this title; (7) infrastructure facility has the meaning given the term in section 2332f(e)(5) of this title; (8) international organization has the meaning given the term in section 831(f)(3) of this title; (9) military forces of a state means the armed forces of a state which are organized, trained, and equipped under its internal law for the primary purpose of national defense or security, and persons acting in support of those armed forces who are under their formal command, control, and responsibility; (10) national of the United States has the meaning stated in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ); (11) Non-Proliferation Treaty means the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow on 1 July 1968; (12) Non-Proliferation Treaty State Party means any State Party to the Non-Proliferation Treaty, to include Taiwan, which shall be considered to have the obligations under the Non-Proliferation Treaty of a party to that treaty other than a Nuclear Weapon State Party to the Non-Proliferation Treaty; (13) Nuclear Weapon State Party to the Non-Proliferation Treaty means a State Party to the Non-Proliferation Treaty that is a nuclear-weapon State, as that term is defined in Article IX(3) of the Non-Proliferation Treaty; (14) place of public use has the meaning given the term in section 2332f(e)(6) of this title; (15) precursor has the meaning given the term in section 229F(6)(A) of this title; (16) public transport system has the meaning given the term in section 2332f(e)(7) of this title; (17) serious injury or damage means— (A) serious bodily injury, (B) extensive destruction of a place of public use, State or government facility, infrastructure facility, or public transportation system, resulting in major economic loss, or (C) substantial damage to the environment, including air, soil, water, fauna, or flora; (18) ship means a vessel of any type whatsoever not permanently attached to the sea-bed, including dynamically supported craft, submersibles, or any other floating craft, but does not include a warship, a ship owned or operated by a government when being used as a naval auxiliary or for customs or police purposes, or a ship which has been withdrawn from navigation or laid up; (19) source material has the meaning given that term in the International Atomic Energy Agency Statute, done at New York on 26 October 1956; (20) special fissionable material has the meaning given that term in the International Atomic Energy Agency Statute, done at New York on 26 October 1956; (21) territorial sea of the United States means all waters extending seaward to 12 nautical miles from the baselines of the United States determined in accordance with international law; (22) toxic chemical has the meaning given the term in section 229F(8)(A) of this title; (23) transport means to initiate, arrange or exercise effective control, including decisionmaking authority, over the movement of a person or item; and (24) United States , when used in a geographical sense, includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and all territories and possessions of the United States. ; and (5) by inserting after subsection (d) (as added by paragraph (4) of this section) the following: (e) Exceptions This section shall not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official duties. (f) Delivery of suspected offender The master of a covered ship flying the flag of the United States who has reasonable grounds to believe that there is on board that ship any person who has committed an offense under section 2280 or section 2280a may deliver such person to the authorities of a country that is a party to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. Before delivering such person to the authorities of another country, the master shall notify in an appropriate manner the Attorney General of the United States of the alleged offense and await instructions from the Attorney General as to what action to take. When delivering the person to a country which is a state party to the Convention, the master shall, whenever practicable, and if possible before entering the territorial sea of such country, notify the authorities of such country of the master's intention to deliver such person and the reasons therefor. If the master delivers such person, the master shall furnish to the authorities of such country the evidence in the master’s possession that pertains to the alleged offense. (g) (1) Civil forfeiture Any real or personal property used or intended to be used to commit or to facilitate the commission of a violation of this section, the gross proceeds of such violation, and any real or personal property traceable to such property or proceeds, shall be subject to forfeiture. (2) Applicable procedures Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security, the Attorney General, or the Secretary of Defense. . 102. New section 2280 a of title 18, United States Code (a) In general Chapter 111 of title 18, United States Code, is amended by adding after section 2280 the following new section: 2280a. Violence against maritime navigation and maritime transport involving weapons of mass destruction (a) Offenses (1) In general Subject to the exceptions in subsection (c), a person who unlawfully and intentionally— (A) when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act— (i) uses against or on a ship or discharges from a ship any explosive or radioactive material, biological, chemical, or nuclear weapon or other nuclear explosive device in a manner that causes or is likely to cause death to any person or serious injury or damage; (ii) discharges from a ship oil, liquefied natural gas, or another hazardous or noxious substance that is not covered by clause (i), in such quantity or concentration that causes or is likely to cause death to any person or serious injury or damage; or (iii) uses a ship in a manner that causes death to any person or serious injury or damage; (B) transports on board a ship— (i) any explosive or radioactive material, knowing that it is intended to be used to cause, or in a threat to cause, death to any person or serious injury or damage for the purpose of intimidating a population, or compelling a government or an international organization to do or to abstain from doing any act; (ii) any biological, chemical, or nuclear weapon or other nuclear explosive device, knowing it to be a biological, chemical, or nuclear weapon or other nuclear explosive device; (iii) any source material, special fissionable material, or equipment or material especially designed or prepared for the processing, use, or production of special fissionable material, knowing that it is intended to be used in a nuclear explosive activity or in any other nuclear activity not under safeguards pursuant to an International Atomic Energy Agency comprehensive safeguards agreement, except where— (I) such item is transported to or from the territory of, or otherwise under the control of, a Non-Proliferation Treaty State Party; and (II) the resulting transfer or receipt (including internal to a country) is not contrary to the obligations under the Non-Proliferation Treaty of the Non-Proliferation Treaty State Party from which, to the territory of which, or otherwise under the control of which such item is transferred; (iv) any equipment, materials, or software or related technology that significantly contributes to the design or manufacture of a nuclear weapon or other nuclear explosive device, with the intention that it will be used for such purpose, except where— (I) the country to the territory of which or under the control of which such item is transferred is a Nuclear Weapon State Party to the Non-Proliferation Treaty; and (II) the resulting transfer or receipt (including internal to a country) is not contrary to the obligations under the Non-Proliferation Treaty of a Non-Proliferation Treaty State Party from which, to the territory of which, or otherwise under the control of which such item is transferred; (v) any equipment, materials, or software or related technology that significantly contributes to the delivery of a nuclear weapon or other nuclear explosive device, with the intention that it will be used for such purpose, except where— (I) such item is transported to or from the territory of, or otherwise under the control of, a Non-Proliferation Treaty State Party; and (II) such item is intended for the delivery system of a nuclear weapon or other nuclear explosive device of a Nuclear Weapon State Party to the Non-Proliferation Treaty; or (vi) any equipment, materials, or software or related technology that significantly contributes to the design, manufacture, or delivery of a biological or chemical weapon, with the intention that it will be used for such purpose; (C) transports another person on board a ship knowing that the person has committed an act that constitutes an offense under section 2280 or subparagraphs (A), (B), (D), or (E) of this section or an offense set forth in an applicable treaty, as specified in section 2280(d)(1), and intending to assist that person to evade criminal prosecution; (D) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraphs (A) through (C), or subsection (a)(2), to the extent that the subsection (a)(2) offense pertains to subparagraph (A); or (E) attempts to do any act prohibited under subparagraphs (A), (B) or (D), or conspires to do any act prohibited by subparagraphs (A) through (E) or subsection (a)(2), shall be fined under this title, imprisoned not more than 20 years, or both; and if the death of any person results from conduct prohibited by this paragraph, shall be imprisoned for any term of years or for life. (2) Threats A person who threatens, with apparent determination and will to carry the threat into execution, to do any act prohibited under paragraph (1)(A) shall be fined under this title, imprisoned not more than 5 years, or both. (b) Jurisdiction There is jurisdiction over the activity prohibited in subsection (a)— (1) in the case of a covered ship, if— (A) such activity is committed— (i) against or on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46) at the time the prohibited activity is committed; (ii) in the United States, including the territorial seas; or (iii) by a national of the United States, by a United States corporation or legal entity, or by a stateless person whose habitual residence is in the United States; (B) during the commission of such activity, a national of the United States is seized, threatened, injured, or killed; or (C) the offender is later found in the United States after such activity is committed; (2) in the case of a ship navigating or scheduled to navigate solely within the territorial sea or internal waters of a country other than the United States, if the offender is later found in the United States after such activity is committed; or (3) in the case of any vessel, if such activity is committed in an attempt to compel the United States to do or abstain from doing any act. (c) Exceptions This section shall not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official duties. (d) (1) Civil forfeiture Any real or personal property used or intended to be used to commit or to facilitate the commission of a violation of this section, the gross proceeds of such violation, and any real or personal property traceable to such property or proceeds, shall be subject to forfeiture. (2) Applicable procedures Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 of title 18, United States Code, relating to civil forfeitures, except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in section 981(d) shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security, the Attorney General, or the Secretary of Defense. . (b) Conforming amendment The table of sections at the beginning of chapter 111 of title 18, United States Code, is amended by adding after the item relating to section 2280 the following new item: 2280a. Violence against maritime navigation and maritime transport involving weapons of mass destruction. . 103. Amendments to section 2281 of title 18, United States Code Section 2281 of title 18, United States Code, is amended— (1) in subsection (c), by striking section 2(c) and inserting section 13(c) ; (2) in subsection (d), by striking the definitions of national of the United States, territorial sea of the United States, and United States ; and (3) by inserting after subsection (d) the following: (e) Exceptions This section does not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official duties. . 104. New section 2281 a of title 18, United States Code (a) In general Chapter 111 of title 18, United States Code, is amended by adding after section 2281 the following new section: 2281a. Additional offenses against maritime fixed platforms (a) Offenses (1) In general A person who unlawfully and intentionally— (A) when the purpose of the act, by its nature or context, is to intimidate a population, or to compel a government or an international organization to do or to abstain from doing any act— (i) uses against or on a fixed platform or discharges from a fixed platform any explosive or radioactive material, biological, chemical, or nuclear weapon in a manner that causes or is likely to cause death or serious injury or damage; or (ii) discharges from a fixed platform oil, liquefied natural gas, or another hazardous or noxious substance that is not covered by clause (i), in such quantity or concentration that causes or is likely to cause death or serious injury or damage; (B) injures or kills any person in connection with the commission or the attempted commission of any of the offenses set forth in subparagraph (A); or (C) attempts or conspires to do anything prohibited under subparagraphs (A) or (B), shall be fined under this title, imprisoned not more than 20 years, or both; and if death results to any person from conduct prohibited by this paragraph, shall be imprisoned for any term of years or for life. (2) Threat to safety A person who threatens, with apparent determination and will to carry the threat into execution, to do any act prohibited under paragraph (1)(A), shall be fined under this title, imprisoned not more than 5 years, or both. (b) Jurisdiction There is jurisdiction over the activity prohibited in subsection (a) if— (1) such activity is committed against or on board a fixed platform— (A) that is located on the continental shelf of the United States; (B) that is located on the continental shelf of another country, by a national of the United States or by a stateless person whose habitual residence is in the United States; or (C) in an attempt to compel the United States to do or abstain from doing any act; (2) during the commission of such activity against or on board a fixed platform located on a continental shelf, a national of the United States is seized, threatened, injured, or killed; or (3) such activity is committed against or on board a fixed platform located outside the United States and beyond the continental shelf of the United States and the offender is later found in the United States. (c) Exceptions This section does not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official duties. (d) Definitions In this section— (1) continental shelf means the sea-bed and subsoil of the submarine areas that extend beyond a country’s territorial sea to the limits provided by customary international law as reflected in Article 76 of the 1982 Convention on the Law of the Sea; and (2) fixed platform means an artificial island, installation, or structure permanently attached to the sea-bed for the purpose of exploration or exploitation of resources or for other economic purposes. . (b) Conforming amendment The table of sections at the beginning of chapter 111 of title 18, United States Code, is amended by adding after the item relating to section 2281 the following new item: 2281a. Additional offenses against maritime fixed platforms. . 105. Ancillary measure Section 2332b(g)(5)(B) of title 18, United States Code, is amended by inserting 2280a (relating to maritime safety), before 2281 , and by striking 2281 and inserting 2281 through 2281a . II Prevention of Nuclear Terrorism 201. New section 2332 i of title 18, United States Code (a) In general Chapter 113B of title 18, United States Code, is amended by adding after section 2332h the following: 2332i. Acts of nuclear terrorism (a) Offenses (1) In general Whoever knowingly and unlawfully— (A) possesses radioactive material or makes or possesses a device— (i) with the intent to cause death or serious bodily injury; or (ii) with the intent to cause substantial damage to property or the environment; or (B) uses in any way radioactive material or a device, or uses or damages or interferes with the operation of a nuclear facility in a manner that causes the release of or increases the risk of the release of radioactive material, or causes radioactive contamination or exposure to radiation— (i) with the intent to cause death or serious bodily injury or with the knowledge that such act is likely to cause death or serious bodily injury; (ii) with the intent to cause substantial damage to property or the environment or with the knowledge that such act is likely to cause substantial damage to property or the environment; or (iii) with the intent to compel a person, an international organization or a country to do or refrain from doing an act, shall be punished as prescribed in subsection (c). (2) Threats Whoever, under circumstances in which the threat may reasonably be believed, threatens to commit an offense under paragraph (1) shall be punished as prescribed in subsection (c). Whoever demands possession of or access to radioactive material, a device or a nuclear facility by threat or by use of force shall be punished as prescribed in subsection (c). (3) Attempts and conspiracies Whoever attempts to commit an offense under paragraph (1) or conspires to commit an offense under paragraphs (1) or (2) shall be punished as prescribed in subsection (c). (b) Jurisdiction Conduct prohibited by subsection (a) is within the jurisdiction of the United States if— (1) the prohibited conduct takes place in the United States or the special aircraft jurisdiction of the United States; (2) the prohibited conduct takes place outside of the United States and— (A) is committed by a national of the United States, a United States corporation or legal entity or a stateless person whose habitual residence is in the United States; (B) is committed on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46) or on board an aircraft that is registered under United States law, at the time the offense is committed; or (C) is committed in an attempt to compel the United States to do or abstain from doing any act, or constitutes a threat directed at the United States; (3) the prohibited conduct takes place outside of the United States and a victim or an intended victim is a national of the United States or a United States corporation or legal entity, or the offense is committed against any state or government facility of the United States; or (4) a perpetrator of the prohibited conduct is found in the United States. (c) Penalties Whoever violates this section shall be fined not more than $2,000,000 and shall be imprisoned for any term of years or for life. (d) Nonapplicability This section does not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official duties. (e) Definitions As used in this section, the term— (1) armed conflict has the meaning given that term in section 2332f(e)(11) of this title; (2) device means: (A) any nuclear explosive device; or (B) any radioactive material dispersal or radiation-emitting device that may, owing to its radiological properties, cause death, serious bodily injury or substantial damage to property or the environment; (3) international organization has the meaning given that term in section 831(f)(3) of this title; (4) military forces of a state means the armed forces of a country that are organized, trained and equipped under its internal law for the primary purpose of national defense or security and persons acting in support of those armed forces who are under their formal command, control and responsibility; (5) national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(22) ); (6) nuclear facility means: (A) any nuclear reactor, including reactors on vessels, vehicles, aircraft or space objects for use as an energy source in order to propel such vessels, vehicles, aircraft or space objects or for any other purpose; (B) any plant or conveyance being used for the production, storage, processing or transport of radioactive material; or (C) a facility (including associated buildings and equipment) in which nuclear material is produced, processed, used, handled, stored or disposed of, if damage to or interference with such facility could lead to the release of significant amounts of radiation or radioactive material; (7) nuclear material has the meaning given that term in section 831(f)(1) of this title; (8) radioactive material means nuclear material and other radioactive substances that contain nuclides that undergo spontaneous disintegration (a process accompanied by emission of one or more types of ionizing radiation, such as alpha-, beta-, neutron particles and gamma rays) and that may, owing to their radiological or fissile properties, cause death, serious bodily injury or substantial damage to property or to the environment; (9) serious bodily injury has the meaning given that term in section 831(f)(4) of this title; (10) state has the same meaning as that term has under international law, and includes all political subdivisions thereof; (11) state or government facility has the meaning given that term in section 2332f(e)(3) of this title; (12) United States corporation or legal entity means any corporation or other entity organized under the laws of the United States or any State, Commonwealth, territory, possession or district of the United States; (13) vessel has the meaning given that term in section 1502(19) of title 33; and (14) vessel of the United States has the meaning given that term in section 70502 of title 46. . (b) Clerical amendment The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by inserting after section 2332h the following: 2332i. Acts of nuclear terrorism. . (c) Disclaimer Nothing contained in this section is intended to affect the applicability of any other Federal or State law that might pertain to the underlying conduct. (d) Inclusion in definition of Federal crimes of terrorism Section 2332b(g)(5)(B) of title 18, United States Code, is amended by inserting 2332i (relating to acts of nuclear terrorism), before 2339 (relating to harboring terrorists) . 202. Amendment to section 831 of title 18 of the United States Code Section 831 of title 18, United States Code, is amended— (a) in subsection (a)— (1) by redesignating paragraphs (3) through (8) as (4) through (9); (2) by inserting after paragraph (2) the following: (3) without lawful authority, intentionally carries, sends or moves nuclear material into or out of a country; ; (3) in paragraph (8), as redesignated, by striking an offense under paragraph (1), (2), (3), or (4) and inserting any act prohibited under paragraphs (1) through (5) ; and (4) in paragraph (9), as redesignated, by striking an offense under paragraph (1), (2), (3), or (4) and inserting any act prohibited under paragraphs (1) through (7) ; (b) in subsection (b)— (1) in paragraph (1), by striking (7) and inserting (8) ; and (2) in paragraph (2), by striking (8) and inserting (9) ; (c) in subsection (c)— (1) in subparagraph (2)(A), by adding after United States the following: or a stateless person whose habitual residence is in the United States ; (2) by striking paragraph (5); (3) in paragraph (4), by striking or at the end; and (4) by inserting after paragraph (4), the following: (5) the offense is committed on board a vessel of the United States or a vessel subject to the jurisdiction of the United States (as defined in section 70502 of title 46) or on board an aircraft that is registered under United States law, at the time the offense is committed; (6) the offense is committed outside the United States and against any state or government facility of the United States; or (7) the offense is committed in an attempt to compel the United States to do or abstain from doing any act, or constitutes a threat directed at the United States. ; (d) by redesignating subsections (d) through (f) as (e) through (g), respectively; (e) by inserting after subsection (c): (d) Nonapplicability This section does not apply to— (1) the activities of armed forces during an armed conflict, as those terms are understood under the law of war, which are governed by that law; or (2) activities undertaken by military forces of a state in the exercise of their official duties. ; and (f) in subsection (g), as redesignated— (1) in paragraph (6), by striking and at the end; (2) in paragraph (7), by striking the period at the end and inserting a semicolon; and (3) by inserting after paragraph (7), the following: (8) the term armed conflict has the meaning given that term in section 2332f(e)(11) of this title; (9) the term military forces of a state means the armed forces of a country that are organized, trained and equipped under its internal law for the primary purpose of national defense or security and persons acting in support of those armed forces who are under their formal command, control and responsibility; (10) the term state has the same meaning as that term has under international law, and includes all political subdivisions thereof; (11) the term state or government facility has the meaning given that term in section 2332f(e)(3) of this title; and (12) the term vessel of the United States has the meaning given that term in section 70502 of title 46. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1073ih/xml/BILLS-113hr1073ih.xml |
113-hr-1074 | I 113th CONGRESS 1st Session H. R. 1074 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Olson (for himself, Mr. Moran , Mr. Sessions , Mr. Roe of Tennessee , Mr. Maffei , and Ms. Tsongas ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to foster more effective implementation and coordination of clinical care for people with pre-diabetes and diabetes.
1. Short title This Act may be cited as the National Diabetes Clinical Care Commission Act . 2. Findings Congress finds the following: (1) The Centers for Disease Control and Prevention report that nearly 26,000,000 Americans have diabetes in addition to an estimated 79,000,000 American adults that have pre-diabetes, an increase of 2,000,000 Americans with diabetes and 22,000,000 American adults with pre-diabetes since 2008. (2) Diabetes affects 8.3 percent of Americans of all ages and 11.3 percent of adults age 20 and older. Individuals of racial and ethnic minorities continue to have higher rates of diabetes than individuals not of such minorities, as demonstrated by the following: 16.1 percent of all adult American Indians and Alaskan Natives have diabetes; 12.6 percent of all adult African-Americans have diabetes; 11.8 percent of all adult Hispanics have diabetes; and 8.4 percent of all adult Asian-Americans have diabetes, while 7.1 percent of all non-Hispanic Whites have diabetes. (3) Diabetes is the seventh leading cause of death in the United States. (4) People with diabetes are more likely than people without diabetes to have heart attacks, strokes, high blood pressure, kidney failure, blindness, and require amputations. (5) Total national costs associated with diabetes in 2007 exceeded $174,000,000,000, according to the Centers for Disease Control and Prevention. (6) One in three Medicare dollars is currently spent on people with diabetes. (7) The Centers for Disease Control and Prevention projects that as many as 1 in 3 American adults could have diabetes by 2050 if current trends continue. (8) There are 35 Federal departments, agencies, and offices involved in the implementation of Federal diabetes activities. 3. Establishment of the National Diabetes Clinical Care Commission 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 new section: 399V–6. National Diabetes Clinical Care Commission (a) Establishment There is hereby established within the Department of Health and Human Services the National Diabetes Clinical Care Commission (in this section referred to as the Commission ) to evaluate and make recommendations regarding better coordination and leveraging of programs within the Department of Health and Human Services and other Federal agencies that relate in any way to supporting appropriate clinical care (such as any interactions between physicians and other health care providers and their patients with pre-diabetes and diabetes where care is rendered for the management of their pre-diabetes or diabetes or its complications) for people with pre-diabetes and diabetes. (b) Membership (1) In general The Commission shall be composed of the following voting members: (A) The heads (or their designees) of the following Federal agencies and departments that conduct programs that could impact the clinical care of people with pre-diabetes and diabetes: (i) The Centers for Medicare and Medicaid Services. (ii) The Agency for Healthcare Research and Quality. (iii) The Centers for Disease Control and Prevention. (iv) The Indian Health Service. (v) The Department of Veterans Affairs. (vi) The National Institutes of Health. (vii) The Food and Drug Administration. (viii) The Health Resources and Services Administration. (ix) The Department of Defense. (x) Other governmental or nongovernmental agency heads, at the discretion of the agency, that impact clinical care of individuals with pre-diabetes and diabetes. (B) Twelve additional voting members appointed under paragraph (2). (2) Additional members The Commission shall include additional voting members appointed by the Comptroller General of the United States, in consultation with national medical societies and patient advocate organizations with expertise in diabetes and the care of patients with diabetes, including one or more from each of the following categories: (A) Clinical endocrinologists. (B) Physician specialties (other than as described in subparagraph (A)) that play a role in diabetes care or their complications. (C) Primary care physicians. (D) Non-physician health care professionals, such as certified diabetes educators, clinical dieticians, nurses, nurse practitioners, and physician assistants. (E) Patient advocates. (F) National experts in the duties listed under subsection (c). (3) Chairperson The voting members of the Commission shall select a chairperson from the members described in paragraph (2)(A). (4) Meetings The Commission shall meet at least twice, and not more than 4 times, a year. (5) Board terms Members of the Commission, including the chairperson, shall serve for a 3-year term. A vacancy on the Commission shall be filled in the same manner as the original appointments. (c) Duties The Commission shall— (1) evaluate programs of the Department of Health and Human Services regarding the utilization of diabetes screening benefits, annual wellness visits, and other preventive health benefits that may reduce the risk of diabetes and its complications, addressing any existing problems regarding such utilization and related data collection mechanisms; (2) identify current activities and critical gaps in Federal efforts to support clinicians in providing integrated, high-quality care to people with pre-diabetes and diabetes; (3) make recommendations regarding the coordination of clinically based activities that are being supported by the Federal Government; (4) make recommendations regarding the development and coordination of federally funded clinical practice support tools for physicians and other health care professionals in caring for and managing the care of people with pre-diabetes and diabetes; (5) evaluate programs in existence as of the date of the enactment of this section and determine if such programs are meeting the needs identified in paragraph (2) and, if such programs are determined to not be meeting such needs, recommend programs that would be more appropriate; (6) recommend how an outcomes-based registry may be developed and then used to evaluate various care models and methods and the impact of such models and methods on diabetes management as measured by appropriate care parameters (such as A1C, blood pressure, and cholesterol levels); (7) evaluate and expand education and awareness to physicians and other health care professionals regarding clinical practices for the prevention of diabetes and the precursor conditions of diabetes; (8) review and recommend appropriate methods for outreach and dissemination of educational resources that regard diabetes prevention and treatments, are funded by the Federal Government, and are intended for health care professionals and the public; and (9) include other activities, such as those relating to the areas of public health and nutrition, that the Commission deems appropriate. (d) Operating plan (1) Initial plan Not later than 90 days after its first meeting, the Commission shall submit to the Secretary and the Congress an operating plan for carrying out the activities of the Commission as described in subsection (c). Such operating plan may include— (A) a list of specific activities that the Commission plans to conduct for purposes of carrying out the duties described in each of the paragraphs in subsection (c); (B) a plan for completing the activities; (C) a list of members of the Commission and other individuals who are not members of the Commission who will need to be involved to conduct such activities; (D) an explanation of Federal agency involvement and coordination needed to conduct such activities; (E) a budget for conducting such activities; (F) a plan for evaluating the value and potential impact of the Commission's work and recommendations, including the possible continuation of the Commission for the purposes of overseeing their implementation; and (G) other information that the Commission deems appropriate. (2) Updates The Commission shall periodically update the operating plan under paragraph (1) and submit such updates to the Secretary and the Congress. (e) Final report and sunset of the commission By not later than 3 years after the date of the Commission’s first meeting, the Commission shall submit to the Secretary and the Congress a report containing all of the findings and recommendations of the Commission. Not later than 120 days after the submission of the final report, the Secretary shall review the evaluation required under subsection (d)(1)(F) to determine the continuation of the Commission. (f) Authorization of appropriations Appropriations are authorized to be made available to the Commission for each of fiscal years 2013, 2014, and 2015, from amounts otherwise made available to the Department of Health and Human Services for such fiscal years, to carry out this section. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1074ih/xml/BILLS-113hr1074ih.xml |
113-hr-1075 | I 113th CONGRESS 1st Session H. R. 1075 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. McKinley (for himself, Mr. Rahall , and Mrs. Capito ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to direct the Secretary of Defense to provide support for Boy Scout Jamborees.
1. Department of Defense support for Boy Scout Jamborees Section 2554 of title 10, United States Code, is amended— (1) in subsection (a)— (A) by striking is hereby authorized and inserting shall ; (B) by striking to lend to and inserting lend to ; and (C) by striking to the extent that such items are in stock and items or services are available ; (2) in subsection (d)— (A) by striking is hereby authorized and inserting shall ; (B) by striking to provide and inserting provide ; and (C) in paragraph (2), by striking the requirements of military operations and inserting the national security of the United States ; and (3) in subsection (g), by striking may provide and inserting shall provide . | https://www.govinfo.gov/content/pkg/BILLS-113hr1075ih/xml/BILLS-113hr1075ih.xml |
113-hr-1076 | I 113th CONGRESS 1st Session H. R. 1076 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Hall (for himself and Mr. Thornberry ) 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 the Patient Protection and Affordable Care Act to provide for savings to the Federal Government by permitting pass-through funding for State authorized public entity health benefits pools.
1. Savings from State authorized public entity health benefits pools The Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended by inserting after section 1332 (42 U.S.C. 18052) the following new section (and inserting a corresponding item in the table of contents of the Act): 1332A. Savings from State authorized public entity benefits pools (a) Application (1) In general A State authorized public entity health benefits pool (in this section referred to as a pool ) may apply to the Secretary for a pass through of funding described in subsection (b) with respect to health care benefits provided through that pool for coverage years beginning on or after January 1, 2014. (2) Approval of application The Secretary shall approve such an application of a pool if the Secretary determines that health care benefits provided through the pool— (A) will provide coverage that is at least as comprehensive as the coverage defined in section 1302(b); (B) will provide coverage and cost sharing protections against excessive out-of-pocket spending that are at least as affordable as the provisions of this title would provide; and (C) will result in cost savings to the Federal Government because the cost of providing health care benefits to individuals through the pool will be less than the cost of providing health care benefits to such individuals had they become participants in a qualified health plan offered through an Exchange, and so the payment amount under subsection (b) will be less than the total of premium tax credits, cost-sharing reductions, or small business credits that would otherwise be required if individuals and small employers in the pool were instead participants in an Exchange. (3) Consideration Not later than 90 days after the date of the enactment of this section, the Secretary shall promulgate regulations relating to pass through of funding under this section. The Secretary shall begin accepting applications under this section no later than 180 days after such date of enactment. (4) Additional consequences of approval An individual receiving health care benefits through such a pool for which such an application is approved under this section shall be treated, for purposes of section 5000A of the Internal Revenue Code of 1986, as being covered under minimum essential coverage described in subsection (f)(1)(E) of such section. (b) Pass through of funding (1) In general With respect to a pool application under subsection (a)(1), under which individuals and small employers in the pool would not qualify for the premium tax credits, cost-sharing reductions, or small business credits under sections 36B or 45R of the Internal Revenue Code of 1986 for which they would otherwise be eligible if they had entered an Exchange, the Secretary shall provide for an alternative means by which an aggregate amount determined under paragraph (2) shall be paid to the pool for purposes of implementing the application. (2) Payment determination The amount to be paid under paragraph (1) shall be determined— (A) based on the sum of premium tax credits, cost-sharing reductions, and small business credits under sections 36B or 45R of the Internal Revenue Code of 1986 that would have been provided with respect to individuals in the pool had the health care benefits provided by the pool been a qualified health plan offered in an Exchange, but taking into account the lower cost of providing health care benefits to individuals through the pool; and (B) annually by the Secretary, taking into consideration the experience of individuals and small employers participating in Exchanges. (c) Timely determination by secretary The Secretary shall make a determination under subsection (a)(1) with respect to the application of a pool not later than 180 days after the date of receipt of such application, and shall notify the pool involved of such determination. (d) Definitions In this section: (1) The term public entity means a county, municipality, special district, school district, junior college district, housing authority, or other political subdivision or public entity defined under State law. (2) The term State authorized public entity health benefits pool means a risk pool authorized or permitted by State statute or otherwise regulated by a State agency under which— (A) a public entity or group of public entities, directly or through a pool, provide health care benefits primarily for public entity officials, employees, and retirees and their dependents; and officials, employees, and retirees and dependents of affiliated service contractors of such public entities; and (B) such pool may provide health care benefits from the assets of the pool or its member public entities through any combination of self-funded arrangements or fully insured products. (3) The term affiliated service contractor means an organization that provides governmental or quasi-governmental services on behalf of a public entity when such contractor is eligible to obtain health care benefits through a state authorized public entity health benefits pool for its officials, employees, retirees and their dependents. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1076ih/xml/BILLS-113hr1076ih.xml |
113-hr-1077 | I 113th CONGRESS 1st Session H. R. 1077 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Huizenga of Michigan (for himself, Mr. Royce , Mr. David Scott of Georgia , Mr. Meeks , Mr. Clay , Mr. Stivers , Mr. Peters of Michigan , and Mr. Bachus ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Truth in Lending Act to improve upon the definitions provided for points and fees in connection with a mortgage transaction.
1. Short title This Act may be cited as the Consumer Mortgage Choice Act . 2. Definition of points and fees (a) Amendment to section 103 of TILA Section 103(bb)(4) of the Truth in Lending Act ( 15 U.S.C. 1602(bb)(4) ) is amended— (1) by striking paragraph (1)(B) and inserting paragraph (1)(A) and section 129C ; (2) in subparagraph (A), by striking except interest or the time-price differential and inserting the following: except— (i) interest and the time-price differential; and (ii) the amount of any loan level price adjustment payment set by the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or similar governmental entity or government-sponsored enterprise ; (3) by striking subparagraph (B) and inserting the following new subparagraph: (B) all compensation paid directly by a consumer to a mortgage originator, including a mortgage originator that is also the creditor in a table-funded transaction, but not including compensation paid by a mortgage originator or a creditor to an individual employed by the mortgage originator or creditor ; (4) in subparagraph (C)— (A) by inserting and insurance after taxes ; (B) in clause (ii), by inserting , except as retained by a creditor or its affiliate as a result of their participation in an affiliated business arrangement (as defined in section 2(7) of the Real Estate Settlement Procedures Act of 1974 (12 U.S.C. 2602(7)) after compensation ; and (C) by striking clause (iii) and inserting the following: (iii) the charge is— (I) a bona fide third-party charge not retained by the mortgage originator, creditor, or an affiliate of the creditor or mortgage originator; or (II) a charge set forth in section 106(e)(1); ; and (5) in subparagraph (D)— (A) by striking accident, ; and (B) by striking or any payments and inserting and any payments . (b) Amendment to section 129C of TILA Section 129C of the Truth in Lending Act ( 15 U.S.C. 1639c ) is amended— (1) in subsection (a)(5)(C), by striking 103 and all that follows through or mortgage originator and inserting 103(bb)(4) ; and (2) in subsection (b)(2)(C)(i), by striking 103 and all that follows through or mortgage originator) and inserting 103(bb)(4) . | https://www.govinfo.gov/content/pkg/BILLS-113hr1077ih/xml/BILLS-113hr1077ih.xml |
113-hr-1078 | I 113th CONGRESS 1st Session H. R. 1078 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Poe of Texas (for himself, Mr. Lamborn , Mr. Duncan of South Carolina , Mr. Jones , Mr. Huelskamp , Mr. Chaffetz , Mr. Sam Johnson of Texas , Mr. Scalise , Mr. Walberg , Mr. Austin Scott of Georgia , Mr. Gowdy , Mr. Fortenberry , Mr. Culberson , Mr. Hall , Mrs. Ellmers , Mr. Latta , and Mr. Luetkemeyer ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To make participation in the American Community Survey voluntary, except with respect to certain basic questions, and for other purposes.
1. Participation in American Community Survey (a) Optional questions Section 193 of title 13, United States Code, is amended by adding at the end the following: The Secretary shall include, in the instructions for completing any survey authorized under this section, a statement indicating that answering any question other than questions that solicit the information described in section 221(c)(2)(A) is optional. . (b) Refusal To participate Section 221 of title 13, United States Code, is amended— (1) in subsection (a), by striking Whoever, being over eighteen years of age, and inserting Except as provided in subsection (c), any person older than 18 years of age who ; and (2) by amending subsection (c) to read as follows: (c) (1) Notwithstanding any other provision under this title— (A) no person may be compelled to disclose information relative to the person's religious beliefs or to membership in a religious body; and (B) except as provided in paragraph (2), no person may be fined or otherwise compelled to answer questions in connection with the survey, conducted by the Secretary of Commerce, which is commonly referred to as the American Community Survey . (2) Paragraph (1)(B)— (A) shall not apply to any question that elicits— (i) the name of the respondent; (ii) contact information for the respondent; (iii) the date of the response; or (iv) the number of people living or staying at the same address; and (B) does not waive any penalty imposed for conduct described in subsection (b). . | https://www.govinfo.gov/content/pkg/BILLS-113hr1078ih/xml/BILLS-113hr1078ih.xml |
113-hr-1079 | I 113th CONGRESS 1st Session H. R. 1079 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Ms. Speier (for herself, Mr. Meehan , Mr. Braley of Iowa , Ms. Pingree of Maine , Ms. Kuster , Ms. Edwards , and Mrs. Carolyn B. Maloney of New York ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend the Uniform Code of Military Justice to eliminate the authority of the convening authority to modify the findings and sentence of a court-martial as a matter of command prerogative involving the sole discretion of the convening authority.
1. Short title This Act may be cited as the Military Judicial Reform Act of 2013 . 2. Elimination of convening authority discretion to modify the findings and sentence of courts-martial (a) Required action by convening authority upon receipt of court-Martial findings and sentence Section 860 of title 10, United States Code (article 60 of the Uniform Code of Military Justice) is amended by striking subsections (c) through (e) and inserting the following new subsection (c): (c) (1) As soon as practicable after the receipt of the findings and sentence of a court-martial by the convening authority, the convening authority shall approve of the sentence in whole. Except as provided in section 858b(b) of this title (article 58b(b)), the convening authority shall have no authority whatsoever to modify the findings or sentence of the court-martial. (2) Under regulations of the Secretary concerned, a commissioned officer commanding for the time being, a successor in command, or any person exercising general court-martial jurisdiction may act under paragraph (1) in place of the convening authority. . (b) Submission of matters by the accused; Treatment Subsection (b) of such section and article is amended to read as follows: (b) (1) The accused may submit to the convening authority matters for inclusion in the final record of trial. Any such submission shall be in writing. Except in a summary court-martial case, such a submission shall be made within 10 days after the accused has been given an authenticated record of trial. In a summary court-martial case, such a submission shall be made within seven days after the sentence is announced. (2) If the accused shows that additional time is required for the accused to submit such matters, the convening authority or other person taking action under this section, for good cause, may extend the applicable period under paragraph (1) for not more than an additional 20 days. (3) In a summary court-martial case, the accused shall be promptly provided a copy of the record of trial for use in preparing a submission authorized by paragraph (1). (4) The accused may waive the right to make a submission under paragraph (1). Such a waiver may not be revoked. . (c) Repeal of other authority for convening authority To suspend sentence Section 871 of such title (article 71 of the Uniform Code of Military Justice) is amended by striking subsection (d). (d) Conforming amendments (1) UCMJ Section 856a(b) of such title (article 56a(b) of the Uniform Code of Military Justice) is amended by striking paragraph (1) and inserting the following new paragraph: (1) the sentence is set aside or otherwise modified as a result of any action authorized to be taken during post-trial procedure and review under subchapter IX; . (2) Transitional compensation for dependents of members separated for dependent abuse Section 1059(e) of such title is amended by striking paragraph (3). | https://www.govinfo.gov/content/pkg/BILLS-113hr1079ih/xml/BILLS-113hr1079ih.xml |
113-hr-1080 | I 113th CONGRESS 1st Session H. R. 1080 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Ms. Bordallo introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Sikes Act to promote the use of cooperative agreements under such Act for land management related to Department of Defense readiness activities and to amend title 10, United States Code, to facilitate interagency cooperation in conservation programs to avoid or reduce adverse impacts on military readiness activities.
1. Cooperative agreements under Sikes Act for land management related to Department of Defense readiness activities (a) Multiyear agreements To fund long-Term management Subsection (b) of section 103A of the Sikes Act ( 16 U.S.C. 670c–1 ) is amended— (1) by inserting (1) before Funds ; and (2) by adding at the end the following new paragraph: (2) In the case of a cooperative agreement under subsection (a)(2), funds referred to in paragraph (1)— (A) may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and (B) may be invested by the recipient in accordance with the recipient’s own guidelines for the management and investment of financial assets, and any interest or income derived from such investment may be applied for the same purposes as the principal. . (b) Availability of funds and relation to other laws Subsection (c) of such section is amended to read as follows: (c) Availability of funds and relation to other laws (1) Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds. (2) Notwithstanding chapter 63 of title 31, United States Code, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the United States Government. . 2. Facilitation of interagency cooperation in conservation programs of the Departments of Defense, Agriculture, and Interior to avoid or reduce adverse impacts on military readiness activities Section 2684a of title 10, United States Code, is amended— (1) by redesignating subsections (h) and (i) as subsections (i) and (j); and (2) by inserting after subsection (g) the following new subsection (h): (h) Interagency cooperation in conservation programs To avoid or reduce adverse impacts on military readiness activities In order to facilitate interagency cooperation and enhance the effectiveness of actions that will protect both the environment and military readiness, the recipient of funds provided pursuant an agreement under this section or under the Sikes Act (16 U.S.C. et seq.) may, with regard to the lands and waters within the scope of the agreement, use such funds to satisfy any matching funds or cost-sharing requirement of any conservation program of the Department of Agriculture or the Department of the Interior notwithstanding any limitation of such program on the source of matching or cost-sharing funds. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1080ih/xml/BILLS-113hr1080ih.xml |
113-hr-1081 | I 113th CONGRESS 1st Session H. R. 1081 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Buchanan (for himself, Mr. Duncan of Tennessee , Mr. McKinley , Mr. Rooney , Mr. Latta , and Mr. Bachus ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require that all foreign terrorists with links to terrorist networks who attack the United States or its Government be considered enemy combatants to be tried by military tribunals instead of civilian courts.
1. Short title This Act may be cited as the Military Tribunals for Terrorists Act of 2013 . 2. Trial of foreign terrorists After the date of the enactment of this Act, any foreign national, who— (1) engages or has engaged in conduct constituting an offense relating to a terrorist attack against persons or property in the United States or against any United States Government property or personnel outside the United States; and (2) is subject to trial for that offense by a military commission under chapter 47A of title 10, United States Code; shall be tried for that offense only by a military commission under that chapter. | https://www.govinfo.gov/content/pkg/BILLS-113hr1081ih/xml/BILLS-113hr1081ih.xml |
113-hr-1082 | I 113th CONGRESS 1st Session H. R. 1082 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Bucshon (for himself, Mr. Mulvaney , Mr. Westmoreland , Mr. Meadows , and Mr. Benishek ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide that compensation of the President shall be held in escrow upon failure to submit his budget in a timely manner.
1. Short title This Act may be cited as the President’s Salary Suspended Unless Budget Measure Is On Time Act or the President’s Salary SUBMIT Act . 2. Holding compensation of the President in escrow upon failure to submit his budget in a timely manner (a) Holding compensation in escrow (1) In general Except as provided in subsection (b), if by the first Monday in February of a year, the President has not submitted his budget for the succeeding fiscal year pursuant to section 300 of the Congressional Budget Act of 1974, the payroll administrator shall deposit in an escrow account all payments otherwise required to be made during the period described in paragraph (2) for the compensation of the President, and shall release such payments to the President only upon the expiration of such period. (2) Period described With respect to a budget due by the first Monday in February of a year, the period described in this paragraph is the period which begins on the day after such first Monday, and ends on the earlier of— (A) the day on which the President submits the budget which was so due; or (B) the last day of the term of office of the President in which such first Monday occurs. (3) Withholding and remittance of amounts from payments held in escrow The payroll administrator shall provide for the same withholding and remittance with respect to a payment deposited in an escrow account under paragraph (1) that would apply to the payment if the payment were not subject to paragraph (1). (4) Role of Secretary of the Treasury The Secretary of the Treasury shall provide the payroll administrator with such assistance as may be necessary to enable the payroll administrator to carry out this section. (b) Exceptions Subsection (a)(1) shall not apply in the case of a budget which, pursuant to section 300 of the Congressional Budget Act of 1974, is required to be submitted by the President within 30 days after— (1) the commencement date of the term for which the President is elected; or (2) the date as of which a successor fills a vacancy in the office of the President which resulted from— (A) the removal of the President from office; or (B) his death, resignation, or inability to discharge the powers and duties of the office of President. (c) Definitions In this section— (1) the term compensation , as used with respect to the President, means the compensation received by the President under section 102 of title 3, United States Code; and (2) the term payroll administrator means the administrator responsible for the disbursement of the compensation of the President. | https://www.govinfo.gov/content/pkg/BILLS-113hr1082ih/xml/BILLS-113hr1082ih.xml |
113-hr-1083 | I 113th CONGRESS 1st Session H. R. 1083 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Burgess (for himself and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the FAA Modernization and Reform Act of 2012 to establish prohibitions to prevent the use of an unmanned aircraft system as a weapon while operating in the national airspace system, and for other purposes.
1. Short title This Act may be cited as the No Armed Drones Act of 2013 or the NADA Act of 2013 . 2. Unmanned aircraft systems (a) In general Subtitle B of title III of the FAA Modernization and Reform Act of 2012 (126 Stat. 72; 49 U.S.C. 40101 note) is amended by adding at the end the following: 337. Prohibitions to prevent use of unmanned aircraft system as a weapon while operating in national airspace system (a) Prohibitions The Secretary of Transportation may not authorize a person to operate an unmanned aircraft system in the national airspace system for the purpose, in whole or in part, of using the unmanned aircraft system as a weapon or to deliver a weapon against a person or property. (b) Definitions In this section, the following definitions apply: (1) Person The term person has the meaning given that term in section 40102(a) of title 49, United States Code. (2) Weapon The term weapon includes lethal and nonlethal weapons. . (b) Clerical amendment The table of contents contained in section 1(b) of such Act is amended by inserting after the item relating to section 336 the following: Sec. 337. Prohibitions to prevent use of unmanned aircraft systems as weapons while operating in national airspace system. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1083ih/xml/BILLS-113hr1083ih.xml |
113-hr-1084 | I 113th CONGRESS 1st Session H. R. 1084 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Carson of Indiana introduced the following bill; which was referred to the Committee on Financial Services A BILL To authorize the President to award a gold medal on behalf of Congress to Muhammad Ali in recognition of his contributions to the Nation.
1. Findings Congress finds the following: (1) Born Cassius Marcellus Clay, Jr., on January 17, 1942, in Louisville, Kentucky, Muhammad Ali was the first child of Cassius, Sr., and Odessa Clay. (2) Muhammad Ali is one of the most celebrated athletes of the 20th century. He has produced some of America’s greatest sports memories, from winning a gold medal at the 1960 Summer Olympics to lighting the Olympic torch at the 1996 Summer Olympics. (3) After an impressive amateur career, during which he recorded 131 wins and only 7 losses and won 2 National AAU light heavyweight titles, Muhammad Ali became the first professional boxer in history to capture the heavyweight title 3 separate times. (4) Muhammad Ali defeated every challenger he faced in the ring. But, on April 28, 1967, he was stripped of his boxing title and barred from competing for being a conscientious objector to the war in Vietnam on religious and moral grounds. However, following a unanimous United States Supreme Court decision in 1971, Muhammad Ali’s conscientious objector status was confirmed, his boxing license was reinstated, and he was cleared of any wrongdoing. (5) As an African-American and a Muslim living in an era that continued to question his civil rights, Muhammad Ali battled issues of race and religion, and has received recognition as one of the champions of the Civil Rights Movement in the United States. (6) Muhammad Ali is the recipient of many awards for his sporting prowess and his support of racial harmony, including the Dr. Martin Luther King Memorial Award, the Spirit of America Award, the Amnesty International Lifetime Achievement Award, the Arthur Ashe Award for Courage, the Essence Living Legend Award, the Rainbow Coalition Lifetime Achievement Award, the XNBA Human Spirit Award, the Presidential Citizens Medal, and the Presidential Medal of Freedom. (7) Muhammad Ali has been acknowledged by many organizations for his achievements both inside and outside the boxing ring, including being crowned Sportsman of the Century by Sports Illustrated, being named Athlete of the Century by GQ magazine, being named Sports Personality of the Century by the British Broadcasting Corporation, being named Kentucky Athlete of the Century by the Kentucky Athletic Hall of Fame, being named Kentuckian of the Century by the State of Kentucky, being named Louisvillian of the Century by the Advertising Club of Louisville, being named Boxer of the Century by the World Sports Awards of the Century, being recognized by the International Boxing Hall of Fame, and receiving honorary doctorate degrees from Muhlenberg College and Western Kentucky University, as well as an honorary doctorate of humanities at Princeton University’s 260th graduation ceremony. (8) Muhammad Ali received the prestigious Otto Hahn Peace Medal in Gold from the United Nations Association of Germany for his work with the United Nations and the Civil Rights Movement in the United States. (9) Muhammad Ali was selected by the California Bicentennial Foundation for the U.S. Constitution to personify the vitality of the Bill of Rights in various high-profile activities. (10) Despite having been diagnosed with Parkinson’s Syndrome in the early 1980s, Muhammad Ali has dedicated his life to the cause of universal human rights and freedom. His commitment to equal justice and peace has touched the lives of hundreds of thousands of people worldwide. (11) President Jimmy Carter asked Muhammad Ali to meet with African leaders in Tanzania, Kenya, Nigeria, Liberia, and Senegal as part of President Carter’s diplomatic efforts on behalf of human rights in the 1980s. (12) In 1990, Muhammad Ali traveled to the Middle East to seek the release of American and British hostages that were being held as human shields in the first Gulf War. As a result of his intervention, 15 United States hostages were freed on December 2nd of that year. (13) In 1998, Muhammad Ali was chosen as the U.N. Messenger of Peace . (14) Several Presidents of the United States have recognized Muhammad Ali, including President George W. Bush who, on November 17, 2002, called him a man of peace and stated that across the world, billions of people know Muhammad Ali as a brave, compassionate, and charming man, and the American people are proud to call Muhammad Ali one of our own, President Bill Clinton who stated that Muhammad Ali captured the world’s imagination and its heart. Outside the ring, Muhammad Ali has dedicated his life to working for children, feeding the hungry, supporting his faith, and standing up for racial equality. He has always fought for a just and more humane world, breaking down barriers here in America and around the world. There are no telling how many tens of millions of people had their hearts swell with pride and their eyes swell with tears in 1996 when Muhammad Ali lit the Olympic torch, because we know, now and forever, he is the greatest, President Jimmy Carter who cited Muhammad Ali as Mr. International Friendship, and President Barack Obama who, as a Senator, had a framed picture of Muhammad Ali hanging in his office, and before announcing his intentions to run for President, Obama visited with Muhammad Ali at the Ali Center in Louisville, Kentucky. (15) Muhammad Ali continues to encourage humanity through his perseverance and the support of thousands of people. He has helped such organizations as the Chicago-based adoption agency, The Cradle; the Make-A-Wish Foundation; the Special Olympics’ organization, Best Buddies; and Herbert E. Birch Services, an organization that runs a school for handicapped children and young adults, in addition to a summer camp for children infected with AIDS. (16) Muhammad Ali and his wife Lonnie are founding directors of the Muhammad Ali Parkinson Center in Phoenix, Arizona, and have helped raise over $50 million for Parkinson’s research. The Center’s mission is to provide excellence in treatment, research, and education for patients and families affected by Parkinson’s disease and other movement disorders, regardless of ability to pay. (17) Muhammad Ali is an inspiration to countless individuals with Parkinson’s disease, including members of the Rock Steady Boxing Foundation in Indianapolis, Indiana, which was founded to give people with Parkinson’s disease hope by improving their quality of life using boxing for fitness. (18) Muhammad Ali is one of the founding members of Athletes for Hope, an organization created by a few very successful athletes of exemplary character who have a deep commitment to charitable and community causes. (19) Muhammad Ali also established the Muhammad Ali Center in his hometown of Louisville, Kentucky, which promotes respect, hope, and understanding, and inspires people everywhere to be as great as they can be. A visitor of the Muhammad Ali Center experiences the hows of Ali’s life: how he found the courage, the dedication, and the discipline to become who he is today; how he found the conviction to stand up for what he believed; and how he turned his passion for excellence in the ring to a passion for peace on the world stage. (20) Like Muhammad Ali himself, the Muhammad Ali Center focuses on what brings individuals together, not what sets them apart, and is a global gathering place to which people can come, both online and in person, to learn, share, and celebrate our commonalities as human beings and to formulate ways of advancing humanity. (21) Muhammad Ali has helped to provide more than 22,000,000 aid packets to assist people in need, and until recently traveled, on average, more than 200 days per year for humanitarian causes. (22) Muhammad Ali, known simply as the greatest, has transcended the glamour and glory of being a sports champion to become not only one of the greatest sports figures, but one of the greatest role models of our time. 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 Muhammad Ali in recognition of his contributions to the Nation. (b) Design and striking For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury (hereinafter in this Act referred to as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. 3. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 2 at a price sufficient to cover the cost of the bronze medals (including labor, materials, dies, use of machinery, and overhead expenses) and the cost of the gold medal. 4. National medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. 5. Authority to use fund amounts; proceeds of sale (a) Authorization 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 cost of the medals struck pursuant to this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals under section 3 shall be deposited in the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-113hr1084ih/xml/BILLS-113hr1084ih.xml |
113-hr-1085 | I 113th CONGRESS 1st Session H. R. 1085 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mrs. Christensen introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Harmonized Tariff Schedule of the United States to extend to 2025 the production certificate program that allows refunds of duties on certain articles produced in United States insular possessions.
1. Extension of production certificate program for certain products of United States insular possessions Additional U.S. Note 5(h)(i) to chapter 91 of the Harmonized Tariff Schedule of the United States is amended by striking 2015 and inserting 2025 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1085ih/xml/BILLS-113hr1085ih.xml |
113-hr-1086 | I 113th CONGRESS 1st Session H. R. 1086 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Cicilline (for himself, Mr. Conyers , Mr. Ellison , Mr. Grijalva , and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for the taxation of income of controlled foreign corporations attributable to imported property.
1. Short title This Act may be cited as the Offshoring Prevention Act . 2. Taxation of income of controlled foreign corporations attributable to imported property (a) General Rule Subsection (a) of section 954 of the Internal Revenue Code of 1986 is amended by striking the period at the end of paragraph (5) and inserting , and , by redesignating paragraph (5) as paragraph (4), and by adding at the end the following new paragraph: (5) imported property income for the taxable year (determined under subsection (j) and reduced as provided in subsection (b)(5)). . (b) Definition of Imported Property Income Section 954 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (j) Imported Property Income (1) In general For purposes of subsection (a)(5), the term imported property income means income (whether in the form of profits, commissions, fees, or otherwise) derived in connection with— (A) manufacturing, producing, growing, or extracting imported property; (B) the sale, exchange, or other disposition of imported property; or (C) the lease, rental, or licensing of imported property. Such term shall not include any foreign oil and gas extraction income (within the meaning of section 907(c)) or any foreign oil related income (within the meaning of section 907(c)). (2) Imported property For purposes of this subsection— (A) In general Except as otherwise provided in this paragraph, the term imported property means property which is imported into the United States by the controlled foreign corporation or a related person. (B) Imported property includes certain property imported by unrelated persons The term imported property includes any property imported into the United States by an unrelated person if, when such property was sold to the unrelated person by the controlled foreign corporation (or a related person), it was reasonable to expect that— (i) such property would be imported into the United States; or (ii) such property would be used as a component in other property which would be imported into the United States. (C) Exception for property subsequently exported The term imported property does not include any property which is imported into the United States and which— (i) before substantial use in the United States, is sold, leased, or rented by the controlled foreign corporation or a related person for direct use, consumption, or disposition outside the United States; or (ii) is used by the controlled foreign corporation or a related person as a component in other property which is so sold, leased, or rented. (D) Exception for certain agricultural commodities The term imported property does not include any agricultural commodity which is not grown in the United States in commercially marketable quantities. (3) Definitions and special rules (A) Import For purposes of this subsection, the term import means entering, or withdrawal from warehouse, for consumption or use. Such term includes any grant of the right to use intangible property (as defined in section 936(h)(3)(B)) in the United States. (B) United states For purposes of this subsection, the term United States includes the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (C) Unrelated person For purposes of this subsection, the term unrelated person means any person who is not a related person with respect to the controlled foreign corporation. (D) Coordination with foreign base company sales income For purposes of this section, the term foreign base company sales income shall not include any imported property income. . (c) Separate Application of Limitations on Foreign Tax Credit for Imported Property Income (1) In general Paragraph (1) of section 904(d) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A), by redesignating subparagraph (B) as subparagraph (C), and by inserting after subparagraph (A) the following new subparagraph: (B) imported property income, and . (2) Imported property income defined Paragraph (2) of section 904(d) of such Code is amended by redesignating subparagraphs (I), (J), and (K) as subparagraphs (J), (K), and (L), respectively, and by inserting after subparagraph (H) the following new subparagraph: (I) Imported property income The term imported property income means any income received or accrued by any person which is of a kind which would be imported property income (as defined in section 954(j)). . (3) Conforming amendment Clause (ii) of section 904(d)(2)(A) of such Code is amended by inserting or imported property income after passive category income . (d) Technical Amendments (1) Clause (iii) of section 952(c)(1)(B) of the Internal Revenue Code of 1986 is amended— (A) by redesignating subclauses (II), (III), (IV), and (V) as subclauses (III), (IV), (V), and (VI), and (B) by inserting after subclause (I) the following new subclause: (II) imported property income, . (2) The last sentence of paragraph (4) of section 954(b) of such Code is amended by striking subsection (a)(5) and inserting subsection (a)(4) . (3) Paragraph (5) of section 954(b) of such Code is amended by striking and the foreign base company oil related income and inserting the foreign base company oil related income, and the imported property income . (e) Effective Date The amendments made by this section shall apply to taxable years of foreign corporations beginning after the date of the enactment of this Act, and to taxable years of United States shareholders within which or with which such taxable years of such foreign corporations end. | https://www.govinfo.gov/content/pkg/BILLS-113hr1086ih/xml/BILLS-113hr1086ih.xml |
113-hr-1087 | I 113th CONGRESS 1st Session H. R. 1087 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Ellison (for himself, Mr. Cicilline , Ms. McCollum , Mr. Grijalva , Mr. McGovern , and Mr. Gutierrez ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To provide for the adjustment of status of certain nationals of Liberia to that of lawful permanent residents.
1. Short title This Act may be cited as the Liberian Refugee Immigration Fairness Act of 2013 . 2. Adjustment of status (a) Adjustment of status (1) In general (A) Eligibility Except as provided under subparagraph (B), the Secretary of Homeland Security shall adjust the status of an alien described in subsection (b) to that of an alien lawfully admitted for permanent residence if the alien— (i) applies for adjustment not later than 1 year after the date of the enactment of this Act; and (ii) is otherwise eligible to receive an immigrant visa and admissible to the United States for permanent residence, except that, in determining such admissibility, the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), and (7)(A) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ) shall not apply. (B) Ineligible aliens An alien shall not be eligible for adjustment of status under this section if the Secretary of Homeland Security determines that the alien— (i) has been convicted of any aggravated felony (as defined in section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43))); (ii) has been convicted of 2 or more crimes involving moral turpitude; or (iii) has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. (2) Relationship of application to certain orders (A) In general An alien present in the United States who has been subject to an order of exclusion, deportation, or removal, or has been ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1) if otherwise qualified under such paragraph. (B) Separate motion not required An alien described in subparagraph (A) may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate the order described in subparagraph (A). (C) Effect of decision by secretary If the Secretary of Homeland Security adjusts the status of an alien pursuant to an application under paragraph (1), the Secretary shall cancel the order described in subparagraph (A). If the Secretary of Homeland Security makes a final decision to deny such adjustment of status, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens eligible for adjustment of status (1) In general The benefits provided under subsection (a) shall apply to any alien— (A) who is— (i) a national of Liberia; and (ii) has been continuously present in the United States between January 1, 2013, and the date on which the alien submits an application under subsection (a); or (B) who is the spouse, child, or unmarried son or daughter of an alien described in subparagraph (A). (2) Determination of continuous physical presence For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A)(ii), an alien shall not be considered to have failed to maintain continuous physical presence by reasons of an absence, or absences, from the United States for any period or periods amounting in the aggregate to not more than 180 days. (c) Stay of removal (1) In general The Secretary of Homeland Security shall establish procedures, by regulation, through which an alien, who is subject to a final order of deportation, removal, or exclusion, may seek a stay of such order based upon the filing of an application under subsection (a). (2) During certain proceedings Notwithstanding any provision in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) , the Secretary of Homeland Security may not order an alien to be removed from the United States if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a) unless the Secretary of Homeland Security has made a final determination to deny the application. (3) Work authorization (A) In general The Secretary of Homeland Security may— (i) authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States while a determination regarding such application is pending; and (ii) provide the alien with an employment authorized endorsement or other appropriate document signifying authorization of employment. (B) Pending applications If an application for adjustment of status under subsection (a) is pending for a period exceeding 180 days and has not been denied, the Secretary of Homeland Security shall authorize such employment. (d) Record of permanent residence Upon the approval of an alien’s application for adjustment of status under subsection (a), the Secretary of Homeland Security shall establish a record of the alien’s admission for permanent residence as of the date of the alien’s arrival in the United States. (e) Availability of administrative review The Secretary of Homeland Security shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to— (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) ; and (2) aliens subject to removal proceedings under section 240 of such Act ( 8 U.S.C. 1229a ). (f) Limitation on judicial review A determination by the Secretary of Homeland Security regarding the adjustment of status of any alien under this section is final and shall not be subject to review by any court. (g) No offset in number of visas available If an alien is granted the status of having been lawfully admitted for permanent residence pursuant to this section, the Secretary of State shall not be required to reduce the number of immigrant visas authorized to be issued under any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.). (h) Application of Immigration and Nationality Act provisions (1) Definitions Except as otherwise specifically provided in this Act, the definitions contained in the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) shall apply in this section. (2) Savings provision Nothing in this Act may be construed to repeal, amend, alter, modify, effect, or restrict the powers, duties, function, or authority of the Secretary of Homeland Security in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigration, nationality, or naturalization. (3) Effect of eligibility for adjustment of status Eligibility to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude an alien from seeking any status under any other provision of law for which the alien may otherwise be eligible. | https://www.govinfo.gov/content/pkg/BILLS-113hr1087ih/xml/BILLS-113hr1087ih.xml |
113-hr-1088 | I 113th CONGRESS 1st Session H. R. 1088 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Ms. Herrera Beutler introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Small Business , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require the Secretary of Transportation to develop a rule that does not allow Federal funds under the disadvantaged business enterprise program to be used for any enterprise that is no longer eligible under such program, and for other purposes.
1. Short title This Act may be cited as the Cheating Doesn’t Pay Act . 2. Rule regarding disadvantaged business enterprise (a) In general Except as provided in subsection (b), not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall issue a rule that— (1) does not allow Federal funds under the disadvantaged business enterprise program, described in section 1101(b) of MAP–21 ( 23 U.S.C. 101 note), to be used for any enterprise that is no longer eligible under such program; (2) 90 days after the date of enactment of this Act, each grant award, contract, or subcontract under the disadvantaged business enterprise program prohibits any Federal funds under the program to be provided to an enterprise as soon as the enterprise is no longer eligible under such program; (3) recuperates any unobligated funds made available under the disadvantaged business enterprise program to any enterprise no longer eligible under the program; and (4) ensures that if a disadvantaged business enterprise is no longer eligible to receive funds under the program, the Secretary shall take such measures as are practicable to expedite bidding with other eligible enterprises to complete any project started by the no longer eligible enterprise. (b) Graduation exception If a disadvantaged business enterprise is no longer eligible to receive funds under the program solely on the basis of its size, the Secretary shall allow such entity to complete any existing projects but shall not allow such enterprise to be eligible for additional funds for any new projects unless the State in which the enterprise is located recertifies it in accordance with section 1101(b) of MAP–21 ( 23 U.S.C. 101 note). | https://www.govinfo.gov/content/pkg/BILLS-113hr1088ih/xml/BILLS-113hr1088ih.xml |
113-hr-1089 | I 113th CONGRESS 1st Session H. R. 1089 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Honda (for himself, Ms. Bass , Mrs. Beatty , Mr. Bera of California , Ms. Bordallo , Ms. Brownley of California , Mr. Butterfield , Ms. Chu , Mr. Cicilline , Mr. Cleaver , Mr. Conyers , Mr. Danny K. Davis of Illinois , Mr. Ellison , Mr. Al Green of Texas , Mr. Grijalva , Mr. Langevin , Ms. Lee of California , Mr. Lowenthal , Mr. McDermott , Mrs. Negrete McLeod , Mr. Meeks , Ms. Moore , Mr. Nadler , Mrs. Napolitano , Ms. Norton , Mr. Payne , Mr. Polis , Mr. Price of North Carolina , Ms. Roybal-Allard , Mr. Ruiz , Mr. Rush , Mr. Ryan of Ohio , Mr. Sablan , Ms. Schakowsky , Mr. Sires , Ms. Speier , Mr. Swalwell of California , Mr. Takano , and Mr. Veasey ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To stimulate collaboration with respect to, and provide for coordination and coherence of, the Nation’s science, technology, engineering, and mathematics education initiatives, and for other purposes.
1. Short title This Act may be cited as the Stepping Up to STEM Act of 2013 . 2. Findings Congress finds the following: (1) Technology and the Internet have transformed nearly every aspect of both the global economy and our daily lives. In a technology-rich world, no amount of memorizing information will make a student competitive in the global labor market. America needs an education system that supports students from all walks of life in becoming inquisitive, resourceful thinkers who use technology to pursue knowledge, collaborate across geographic and cultural boundaries, acquire new skills, and solve complex problems. (2) Equality and equity of access is more than access to the same hardware, software, and broadband connections. It includes access to the best digital learning resources and access to teachers who know how to orchestrate the use of these resources in ways that inspire students and produce better learning outcomes. (3) Technology by itself will not improve student outcomes. What is needed are carefully designed innovations that include not just technology but also good learning content, effective instructional strategies, supports for teachers and school systems figuring out how to use the new approach, and the capacity to collect, analyze and reflect on data that will show whether or not the innovation is having the intended effects. (4) Effective learning technology implementations addressing the challenging aspects of language arts, mathematics and science that all students are expected to master. This will require partnerships among education agencies, education researchers, and technology developers with the common goal of harnessing technology to provide opportunities for deeper learning to students who would not otherwise experience them. 3. Office of Science, Technology, Engineering, and Mathematics Education within the Department of Education (a) Assistant Secretary Section 202 of the Department of Education Organization Act ( 20 U.S.C. 3412 ) is amended in subsection (b)(1)— (1) in subparagraph (E) by striking and at the end; (2) by redesignating subparagraph (F) as (G); and (3) by inserting after subparagraph (E) the following: (F) an Assistant Secretary for Science, Technology, Engineering, and Mathematics Education (in this Act referred to as the Assistant Secretary for STEM Education ); and . (b) Office Title II of the Department of Education Organization Act ( 20 U.S.C. 3411 et seq. ) is amended by adding at the end the following: 221. Office of Science, Technology, Engineering, and Mathematics Education (a) In general There shall be in the Department of Education an Office of Science, Technology, Engineering, and Mathematics Education (in this section referred to as the Office of STEM Education ), to be administered by the Assistant Secretary for STEM Education appointed under section 202(b). (b) Responsibilities The Assistant Secretary of STEM Education, acting through the Office, shall serve as the principal advisor to the Secretary on matters affecting science, technology, engineering, and math education, and shall administer such functions representing STEM education, including the coordination of STEM activities and programs across Federal agencies. (c) Evaluation and report The Assistant Secretary for STEM Education shall conduct an independent evaluation, through grant or by contract, of the STEM education programs administered by the Department, at least every 5 years, which shall include— (1) conducting an assessment of STEM education activities within the Department by using the evaluations and reports of these programs to determine these programs’ impact on— (A) the quantity of students taking advanced placement in STEM areas and seeking STEM degrees; (B) the quantity of students exposed to STEM content in the hours outside of the regular school day; (C) student academic achievement in mathematics and science; and (D) the increased number of highly qualified STEM teachers, STEM content coaches, and STEM master educators; and (2) the preparation and submission of a report on the results of the evaluation described in paragraph (1) to the Committee on Health, Education, Labor, and Pensions and the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Education and the Workforce and the Committee on Science, Space, and Technology of the House of Representatives, and the Committees on Appropriations of the Senate and the House of Representatives. (d) Authorization of appropriations There are authorized to be appropriated $1,500,000 to carry out this section for fiscal year 2014 and such sums as may be necessary for each fiscal year thereafter. . 4. Advanced Research Projects Agency for Education Title II of the Department of Education Organization Act ( 20 U.S.C. 3411 et seq. ), as amended by section 2 of this Act, is further amended by adding at the end the following: 222. Advanced Research Projects Agency for Education (a) Establishment There shall be in the Department an Advanced Research Projects Agency for Education (referred to in this section as ARPA–ED ). (b) Purposes ARPA–ED is established under this section for the purposes of pursuing breakthrough research and development in educational technology and providing the effective use of the technology to improve achievement for all students, by— (1) integrating STEM related content areas including science, technology, computer science, engineering design, mathematics and computational thinking; (2) identifying and promoting revolutionary advances in fundamental and applied sciences and engineering that could be translated into new learning technologies; (3) developing novel learning technologies, and the enabling processes and contexts for effective use of those technologies; (4) developing, testing, and evaluating the impact and efficacy of those technologies; (5) developing educational technology innovations including data analytic tools that help State educational agencies and local educational agencies with reporting required under Federal accountability mandates; (6) accelerating transformational technological advances in areas in which the private sector, by itself, is not likely to accelerate such advances because of difficulties in implementation or adoption, or technical and market uncertainty; (7) coordinating activities with nongovernmental entities to demonstrate technologies and research applications to facilitate technology transfer; and (8) encouraging educational research using new technologies and the data produced by the technologies. (c) Coordination (1) The Agency shall work closely and collaboratively between agencies in order to maximize the Federal effort and investment to the Project. (2) The Agency shall work with the National Science Foundation’s Cyber Learning Program. (d) Authorities of Secretary The Secretary is authorized to— (1) appoint a Director, who shall be responsible for carrying out the purposes of ARPA–ED, as described in subsection (b), and such additional functions as the Secretary may prescribe; (2) establish processes for the development and execution of projects and the solicitation of entities to carry out the projects in a manner that is— (A) tailored to the purposes of ARPA–ED and not constrained by other Department-wide administrative requirements that could detract from achieving program results; and (B) designed to heighten transparency, and public- and private-sector involvement, to ensure that investments are made in the most promising areas; (3) award grants, contracts, cooperative agreements, and cash prizes, and enter into other transactions (in accordance with such regulations as the Secretary may establish regarding other transactions); (4) obtain independent, periodic, rigorous evaluations, as appropriate, of— (A) the effectiveness of the processes ARPA–ED is using to achieve its purposes; and (B) the effectiveness of individual projects assisted by ARPA–ED, using evidence standards developed in consultation with the Institute of Education Sciences, and the suitability of ongoing projects assisted by ARPA–ED for further investment or increased scale; and (5) disseminate, through the comprehensive centers established under section 203 of the Educational Technical Assistance Act of 2002 ( 20 U.S.C. 9602 ), the regional educational laboratories system established under section 174 of the Education Sciences Reform Act of 2002 (20 U.S.C. 9564), or such other means as the Secretary determines to be appropriate, information on effective practices and technologies developed with ARPA–ED support. (e) Evaluation funds The Secretary may use funds made available for ARPA–ED to pay the cost of the evaluations under subsection (c)(6). (f) Federal Advisory Committee Act Notwithstanding any other provision of law, any advisory committee convened by the Secretary to provide advice with respect to this section shall be exempt from the requirements of the Federal Advisory Committee Act (5 U.S.C. App.) and the definition of employee in section 2105 of title 5, United States Code, shall not be considered to include any appointee to such a committee. (g) Nonduplication To the maximum extent practicable, the Secretary shall ensure that grants, contracts, cooperative agreements, cash prizes, or other assistance or arrangements awarded or entered into pursuant to this section that are designed to carry out the purposes of ARPA–ED do not duplicate activities under programs carried out under Federal law other than this section by the Department or other Federal agencies. . 5. State Networks and Consortia on Science, Technology, Engineering, and Mathematics Education (a) In general From amounts made available to carry out this section, the Secretary of Education shall make grants to eligible networks to expand STEM education. (b) Eligible network defined In this section, the term eligible network means a State-based STEM network or similar organization, which— (1) may include the participation of State officials, educators, administrators, afterschool providers, out of school time educators, parents, industry leaders, philanthropists, and representatives from the STEM communities; (2) aims to increase student achievement and experiences in the STEM disciplines at the elementary schools and secondary schools in its State, and out of school programs and particularly for students with a high concentration of historically under represented students and at rural schools (within the meaning of part B of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6201 et seq. )); and (3) aims to increase the number of quality afterschool programs offering STEM learning opportunities, particularly for students from populations traditionally under-represented in the STEM fields. (c) Eligible network application (1) In general An eligible network seeking a grant under this section shall submit an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Matching requirement In order to receive a grant under this section, an eligible network shall agree to provide, either directly or through private contributions, non-Federal matching funds equal to not less than 30 percent of the amount of the grant. (d) Uses of funds Each eligible network receiving a grant under this section shall use the funds to carry out one or more of the following: (1) Testing, validating, sharing, and scaling up STEM education research, promising practices, and exemplary programs among members of the network and with other eligible networks receiving grants under this section. (2) Identifying points of weakness and strength among State STEM education efforts, prioritizing strategies for addressing problem areas, and communicating State needs to the Secretary. (3) Assisting in the implementation of rigorous career and college ready standards in STEM education for grades prekindergarten through grade 12 that reflect and take into consideration— (A) career and college ready standards in STEM disciplines; (B) established international standards and 21st century skills that include critical thinking, problem solving, communication, collaboration, creativity, and innovation; (C) the needs of English language learners and special education students; and (D) the need to increase STEM literacy of prekindergarten through grade 12 students. (4) Assisting the development of innovative STEM assessments that measure interest, engagement, and content proficiency. (5) Supporting the implementation of STEM assessments that measure career and college ready standards. (6) Promoting and developing rigorous undergraduate pre-service teacher programs in institutions of higher education that emphasize STEM content with emphasis on the elementary educator. (7) Promoting and developing curriculum tools and professional development for STEM educators both in school and out of school. (8) Developing STEM career pathways that reflect the projected STEM workforce needs of the 21st century that may include mentoring programs and STEM professional outreach. (9) Developing STEM-related education and workforce training programs in secondary schools and community colleges to reflect the needs of the local community. (10) Developing systems for the implementation of expanded learning opportunities on school sites to enhance STEM education inside and outside of the classroom. (11) Promoting, supporting, and designing programs that develop STEM content coaches and master educators in order to strengthen core competencies of the classroom practitioner. (e) Evaluation and report Not later than 2 years after receiving a grant under this section, each eligible network receiving such a grant shall— (1) conduct periodic independent evaluations, by grant or by contract, of the eligible network’s effectiveness at accomplishing the activities described in this section, which shall include an assessment of the impact of such activities on STEM teaching and learning; and (2) prepare and submit a report on the results of each evaluation described in paragraph (1) to the Secretary and make for dissemination to other STEM Networks. (f) Prohibitions In implementing this section, the Secretary may not— (1) endorse, approve, or sanction any STEM curriculum designed for use in any elementary school, secondary school, or institution of higher education; or (2) engage in oversight, technical assistance, or activities that will require the adoption of a specific STEM program or instructional materials by a State, local educational agency, or school. (g) Total amount of grants The total amount of grants made under this section in any fiscal year may not exceed $20,000,000. (h) Definitions In this section: (1) The terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given such terms in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term high concentration of low-income students has the meaning given such term in section 1707 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6537 ). (3) The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) The term Secretary means the Secretary of Education. (5) The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of Northern Mariana Islands, American Samoa, and the United States Virgin Islands. (6) The term STEM means science, technology, engineering, and mathematics. (7) The term 21st century readiness initiative means any initiative that— (A) embeds core academic subjects with critical skills; and (B) is focused on ensuring that students are prepared for postsecondary education and careers, upon graduation from secondary school. | https://www.govinfo.gov/content/pkg/BILLS-113hr1089ih/xml/BILLS-113hr1089ih.xml |
113-hr-1090 | I 113th CONGRESS 1st Session H. R. 1090 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Honda (for himself, Ms. Bordallo , Mr. Cicilline , Mr. Conyers , Mr. Ellison , Mrs. Napolitano , Mr. Payne , Mr. Rangel , and Mr. Takano ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish an Elementary Educator Science, Technology, Engineering, and Mathematics (STEM) Content Coach program.
1. Short title This Act may be cited as the Elementary Educator STEM Content Coach Act . 2. Findings Congress finds the following: (1) Numerous recent reports by national advisory groups, including the President’s Council of Advisors on Science and Technology (PCAST) and committees of the National Academies, have highlighted the need to raise student achievement in science, technology, engineering, and mathematics (STEM) fields to enable the United States to maintain its competitive edge in the global economy. (2) The PCAST report entitled Prepare and Inspire: K–12 Education in Science, Technology, Engineering, and Math (STEM) for America’s Future states, “The most important factor in ensuring excellence is great STEM teachers, with both deep content knowledge in STEM subjects and mastery of the pedagogical skills required to teach these subjects well.”. (3) The PCAST report also recommends that the Federal Government should support the professional development of all teachers to help them achieve deep STEM content knowledge and mastery of STEM pedagogy. (4) The National Academy of Sciences finds that school districts need to enhance the capacity of kindergarten through grade 12 teachers with content knowledge and expertise in teaching in order to successfully promote effective STEM education in those grades. (5) The Center for American Progress finds that improving the elementary school teacher’s knowledge of STEM-related facts, concepts, and procedures is vital to our Nation’s global competitiveness in the 21st century. 3. Purpose The purpose of this Act is to create a cohort of elementary educators with a deep content knowledge in STEM disciplines by providing professional development to elementary educators. 4. Elementary Educator STEM Content Coach grant program From amounts appropriated under section 9, the Secretary of Education shall award grants to State educational agencies to award subgrants to eligible entities to carry out professional development training programs for STEM Coaches. 5. Grants to State educational agencies To be eligible to receive a grant under this Act, a State educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, which shall include— (1) a list of the eligible entities the State educational agency has selected to receive a subgrant under this program; and (2) assurances that the State educational agency has adopted college- and career-ready standards in STEM disciplines. 6. Subgrants to local educational agencies (a) Eligibility To be eligible to receive a subgrant under this Act, an eligible entity shall submit an application to the State educational agency at such time, in such manner, and containing such information as the State educational agency may require, which shall include— (1) an identification of the number of STEM Coaches and the schools at which the STEM Coaches teach; (2) a description of the qualifications of the STEM Coaches; (3) assurances that the eligible entity will make reasonable efforts to place STEM Coaches that complete the professional development training program described in this section in positions at a school served by the local educational agency that receives the subgrant; and (4) a description of the plan for offering a research-based professional development training program to STEM Coaches, which may include— (A) training in STEM disciplines which may include science, technology, computer science, engineering design, mathematics, and computational thinking; (B) methods to integrate such disciplines into the curriculum; (C) methods to increase skills and knowledge of pedagogy for effective STEM teaching; (D) techniques for engaging historically underachieving or underrepresented groups in STEM fields, such as girls, minorities, low-income students, English language learners, and students with disabilities; (E) educational and instructional leadership training; and (F) opportunities for teacher mentoring and collaboration. (b) Benefits of professional development The professional development training program described in subsection (a)(4) shall be designed to— (1) give STEM Coaches a deep understanding of the principles and concepts of STEM disciplines; (2) create enthusiasm for the teaching and learning of STEM disciplines; (3) provide opportunities for collaboration and teacher mentoring among STEM Coaches and between STEM Coaches and other teachers; and (4) allow STEM Coaches to connect student learning in STEM disciplines— (A) to real-life applications; (B) to out of school programs; and (C) across the curriculum. (c) Subgrant period An eligible entity awarded a subgrant under this Act shall conduct the professional development training program described in this section for a period of not less than 3 successive school years. (d) Requirements for additional funding An eligible entity awarded a subgrant under this Act shall receive funds for the second half of the subgrant period described in subsection (c) upon demonstration to the Secretary that the eligible entity is making progress in implementing the professional development training program described in this section at a rate that the Secretary determines will result in full implementation of such program. 7. Evaluation and report (a) In general The Secretary shall develop a plan for a national evaluation of the Elementary Educator STEM Content Coach program that evaluates— (1) the implementation of the program; and (2) the results achieved by eligible entities at the end of the 3-year subgrant period. (b) Reports to Congress Not later than September 1 of the first year beginning after the end of the subgrant periods, the Secretary shall submit a report describing the results of the evaluation under subsection (a) to the Committee on Education and the Workforce and the Committee on Appropriations of the House of Representatives, and to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate. 8. Definitions In this Act: (1) ESEA definitions The terms community-based organization elementary school , institution of higher education local educational agency , professional development , Secretary , State educational agency , and teacher mentoring have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) College- and career-ready standards The term college- and career-ready standards has the meaning given the term in the notice entitled Application for New Awards; Race to the Top-District published by the Department of Education on August 16, 2012 (77 Fed. Reg. 49654). (3) Elementary educator The term elementary educator means a teacher who— (A) teaches in a public elementary school in a State; (B) has at least 3 years of classroom teaching experience; (C) has obtained full certification as a teacher in such State, or holds a license to teach in such State, in 1 or more grades from prekindergarten through grade 6; and (D) exhibits content knowledge in STEM fields. (4) Eligible entity The term eligible entity means a partnership of— (A) 1 or more local educational agencies; and (B) 1 or more public or nonprofit organizations, which may include institutions of higher education and community-based organizations, with a demonstrated record of success in designing and implementing before school, after school, summer learning, or expanded learning time activities for students. (5) State The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of Northern Mariana Islands, American Samoa, and the United States Virgin Islands. (6) STEM The term STEM means science, technology, engineering, and mathematics. (7) STEM Coach The term STEM Coach means an elementary educator who participates in or has participated in the Elementary Educator STEM Content Coach program under this Act. 9. Authorization of appropriations There are authorized to be appropriated to the Secretary of Education such sums as are necessary for fiscal years 2014 through 2018 to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1090ih/xml/BILLS-113hr1090ih.xml |
113-hr-1091 | I 113th CONGRESS 1st Session H. R. 1091 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Jordan (for himself, Mr. Hunter , Mr. King of Iowa , Mr. Barr , Mr. Cole , Mr. Palazzo , Mr. Jones , Mr. Pearce , Mr. Hall , Mr. Broun of Georgia , Mr. Duncan of South Carolina , Mr. Miller of Florida , Mr. Fincher , Mr. Conaway , Mr. Barton , Mr. Neugebauer , Mr. Mica , Mr. Burgess , Mr. Carter , Mrs. Ellmers , Mr. Johnson of Ohio , Mr. Brady of Texas , Mr. Walberg , Mr. Fleming , Mr. Franks of Arizona , Mr. Guthrie , Mr. Garrett , Mrs. Hartzler , Mr. Lamborn , Mr. Farenthold , Mr. Boustany , Mr. Denham , Mr. Chabot , Mr. Huelskamp , Mr. Rogers of Alabama , Mr. Barletta , Mr. Southerland , Mr. Nunnelee , Mr. Westmoreland , Mrs. Black , Mr. Kelly , Mr. Huizenga of Michigan , Mr. Pompeo , Mr. Kingston , Mr. Schweikert , Mr. Crawford , Mr. Weber of Texas , and Mr. Latta ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person.
1. Short title This Act may be cited as the Life at Conception Act . 2. Right to life To implement equal protection for the right to life of each born and preborn human person, and pursuant to the duty and authority of the Congress, including Congress’ power under article I, section 8, to make necessary and proper laws, and Congress’ power under section 5 of the 14th article of amendment to the Constitution of the United States, the Congress hereby declares that the right to life guaranteed by the Constitution is vested in each human being. However, nothing in this Act shall be construed to authorize the prosecution of any woman for the death of her unborn child. 3. Definitions For purposes of this Act: (1) Human person; human being The terms human person and human being include each and every member of the species homo sapiens at all stages of life, including the moment of fertilization, cloning, or other moment at which an individual member of the human species comes into being. (2) State The term State used in the 14th article of amendment to the Constitution of the United States and other applicable provisions of the Constitution includes the District of Columbia, the Commonwealth of Puerto Rico, and each other territory or possession of the United States. | https://www.govinfo.gov/content/pkg/BILLS-113hr1091ih/xml/BILLS-113hr1091ih.xml |
113-hr-1092 | I 113th CONGRESS 1st Session H. R. 1092 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Ms. Kuster (for herself and Ms. Shea-Porter ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To designate the air route traffic control center located in Nashua, New Hampshire, as the Patricia Clark Boston Air Route Traffic Control Center .
1. Designation of Patricia Clark Boston Air Route Traffic Control Center (a) In general The air route traffic control center located in Nashua, New Hampshire, and any successor air route traffic control center at that location, shall be known and designated as the Patricia Clark Boston Air Route Traffic Control Center . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the air route traffic control center referred to in subsection (a) shall be deemed to be a reference to the Patricia Clark Boston Air Route Traffic Control Center . | https://www.govinfo.gov/content/pkg/BILLS-113hr1092ih/xml/BILLS-113hr1092ih.xml |
113-hr-1093 | I 113th CONGRESS 1st Session H. R. 1093 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Markey (for himself, Mr. Grimm , Mr. Tonko , Mr. Grijalva , Mr. Lynch , and Mr. Nadler ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to prohibit airplane passengers from bringing aboard a passenger aircraft any item that was prohibited as of March 1, 2013.
1. Short title This Act may be cited as the No Knives Act of 2013 . 2. Requirement to prohibit items on passenger airplanes The Assistant Secretary of Homeland Security (Transportation Security Administration) shall prohibit carriage aboard a passenger aircraft operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation of any item that was prohibited from being carried aboard such an aircraft on March 1, 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr1093ih/xml/BILLS-113hr1093ih.xml |
113-hr-1094 | I 113th CONGRESS 1st Session H. R. 1094 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Meehan (for himself, Ms. Schakowsky , Mr. Grimm , Mr. Rahall , Mr. Whitfield , Mr. Moran , Mr. Young of Florida , Mr. Conyers , Mr. Gerlach , Mr. Grijalva , Mr. Lance , Mr. George Miller of California , Mr. LoBiondo , Mr. Peters of Michigan , Mr. Fitzpatrick , Ms. Eshoo , Mr. Campbell , Mr. King of New York , Mr. Gibson , Mr. Jones , and Mr. Wilson of South Carolina ) introduced the following bill; which was referred to the Committee on Energy and Commerce , 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 prohibit the sale or transport of equines and equine parts in interstate or foreign commerce for human consumption.
1. Short title This Act may be cited as the Safeguard American Food Exports Act of 2013 . 2. Findings Congress finds that— (1) horses and other equines are domestic animals that are used primarily for recreation, pleasure, and sport; (2) unlike cows, pigs, and other domesticated species, horses and other members of the equidae family are not raised for the purpose of human consumption; (3) equines raised in the United States are frequently treated with drugs, including phenylbutazone, acepromazine, boldenone undecylenate, omeprazole, ketoprofen, xylazine, hyaluronic acid, nitrofurazone, polysulfated glycosaminoglycan, clenbuterol, tolazoline, and ponazuril, which are not approved for use in horses intended for human consumption; (4) consuming parts of an equine raised in the United States likely poses a serious threat to human health and the public should be protected from these unsafe products; and (5) the sale and transport of equines for the purpose of processing for human consumption, and the sale and transport of equine parts for human consumption, are economic in nature and substantially affect interstate and foreign commerce. 3. Prohibitions Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (ccc) (1) Notwithstanding any other provision of law, the sale or transport of equines in interstate commerce, or the importing or exporting (or offering for import or export) of equines into or out of the United States, by any person who knows or reasonably should have known that such equines are to be slaughtered for human consumption as food. (2) Notwithstanding any other provision of law, the sale or transport of equine parts (including flesh, meat, and viscera) in interstate commerce, or the importing or exporting (or offering for import or export) of such parts into or out of the United States, by any person who knows or reasonably should have known that such equine parts are to be used for human consumption as food. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1094ih/xml/BILLS-113hr1094ih.xml |
113-hr-1095 | I 113th CONGRESS 1st Session H. R. 1095 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Miller of Florida (for himself and Mr. Rogers of Alabama ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend title 49, United States Code, to direct the Assistant Secretary of Homeland Security (Transportation Security Administration) to transfer unclaimed money recovered at airport security checkpoints to nonprofit organizations that provide places of rest and recuperation at airports for members of the Armed Forces and their families, and for other purposes.
1. Disposition of unclaimed money recovered at airport security checkpoints (a) Disposition of unclaimed money Section 44945 of title 49, United States Code, is amended by striking shall be retained by the Transportation Security Administration and all that follows before the period at the end and inserting shall be annually transferred, without further appropriation, by the Assistant Secretary to nonprofit organizations that operate airport centers in multiple locations throughout the United States to provide a place of rest and recuperation for members of the Armed Forces and their families . (b) Annual report Section 515(b) of the Department of Homeland Security Appropriations Act, 2005 ( Public Law 108–334 ; 118 Stat. 1318; 49 U.S.C. 44945 note) is amended— (1) by striking the Committee on Transportation and Infrastructure of the House of Representatives and inserting the Committee on Homeland Security of the House of Representatives ; and (2) by striking and specifically how the unclaimed money is being used to provide civil aviation security and inserting and the amount of unclaimed money transferred to nonprofit organizations under section 44945 of title 49, United States Code, and the dates of such transfers . | https://www.govinfo.gov/content/pkg/BILLS-113hr1095ih/xml/BILLS-113hr1095ih.xml |
113-hr-1096 | I 113th CONGRESS 1st Session H. R. 1096 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Ms. Moore introduced the following bill; which was referred to the Committee on Ways and Means A BILL To provide funds to State courts for the provision of legal representation to parents and legal guardians with respect to child welfare cases.
1. Short title This Act may be cited as the Enhancing the Quality of Parental Legal Representation Act of 2013 . 2. Findings Congress finds the following: (1) In the Strengthening Abuse and Neglect Courts Act of 2000, the Congress found that “under both Federal and State law, the courts play a crucial and essential role in the Nation’s child welfare system and in ensuring safety, stability, and permanence for abused and neglected children under the supervision of that system”. (2) Child outcomes are improved and courts function more effectively when all parties have quality legal representation. Analysis of data from programs in New York and Michigan revealed that more than 50 percent of children avoided unnecessary foster care placement when all parties received high quality representation. According to the American Bar Association, a pilot program in the State of Washington to improve representation for parents resulted in “a 53.3 percent increase in the rate of reunification”. (3) In New York, children placed in foster care whose parents receive high quality legal representation spent on average 4.5 months in placement compared to a statewide average of 2 ½ years and re-entry rates of 1 percent compared to 15 percent statewide. (4) According to the American Bar Association, the cost per family for high quality legal services in New York was approximately $6,000 over the life of a case as compared to anywhere from $29,000 to $66,000 for 1 year of foster care for a child in New York City in 2010. (5) Training and standards of representation are necessary to ensure qualified representation. According to the American Bar Association Center on Children and the Law, parental representation is “often substandard, resulting in the failure of due process in these cases. As a result, numerous children are needlessly separated from their parents for extended periods of time and in many cases families are permanently severed through termination of parental rights orders” and most States have no standard training requirements for attorneys representing parents in their State. 3. Amendments to the Court Improvement Program (a) Provision of legal representation for parents and legal guardians with respect to child welfare cases Section 438(a) of the Social Security Act ( 42 U.S.C. 629h(a) ) is amended— (1) in paragraph (3), by striking and at the end; (2) in paragraph (4)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (5) to provide legal representation for parents and legal guardians with respect to proceedings described in paragraph (1). . (b) Application Section 438(b) of such Act ( 42 U.S.C. 629h(b) ) is amended— (1) in paragraph (1)— (A) by striking and at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ; and ; and (C) by adding at the end the following: (D) in the case of a grant for any purpose described in subsection (a)(5)— (i) a description of how the grant will be used to provide legal representation to parents and legal guardians; (ii) a description of how the court will prioritize the provision of legal representation, including how and when attorneys will be assigned to represent a parent or legal guardian; and (iii) a description of how courts and child welfare agencies on the local and State levels will collaborate and jointly plan for the collection and sharing of all relevant data and information to demonstrate how increased quality representation of parents and legal guardians with respect to child welfare cases will improve child and family outcomes. ; and (2) in paragraph (2)— (A) in subparagraph (C), by striking or ; (B) in subparagraph (D), by striking and (C) and inserting (C), and (D) ; (C) by redesignating subparagraph (D) as subparagraph (E); and (D) by inserting after subparagraph (C) the following: (D) the purpose described in subsection (a)(5); or . (c) Amount of grant Section 438(c)(1) is amended by striking and (C) and inserting (C), and (D) . (d) Allocation of Funds Section 438(c)(3)(A) of such Act ( 42 U.S.C. 629h(c)(3)(A) ) is amended— (1) by striking and at the end of clause (iii); (2) by redesignating clause (iv) as clause (v); and (3) by inserting after clause (iii) the following: (iv) $10,000,000 for grants for the purpose described in subsection (a)(5); and . (e) Funding Section 436 of such Act ( 42 U.S.C. 629g ) is amended— (1) in subsection (a), by striking $345,000,000 and inserting $355,000,000 ; and (2) in subsection (b)(2), by striking $30,000,000 and inserting $40,000,000 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1096ih/xml/BILLS-113hr1096ih.xml |
113-hr-1097 | I 113th CONGRESS 1st Session H. R. 1097 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Mullin (for himself, Mr. Farenthold , Mr. Lucas , Mr. Lankford , Mr. Young of Alaska , Mr. Cramer , Mr. Ribble , Mr. Pearce , Mr. Stivers , Mr. Olson , Mr. Cole , Mr. Southerland , Mr. Bridenstine , Mrs. Lummis , Mr. Latta , Mr. Franks of Arizona , Mr. Scalise , Mr. Conaway , Mr. Pompeo , Mr. Gohmert , Mr. Barletta , and Mr. Huelskamp ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Secretary of Transportation to ensure that on-duty time does not include waiting time at a natural gas or oil well site for certain commercial motor vehicle operators, and for other purposes.
1. Short title This Act may be cited as the Preserving Jobs in the Oilfield Act of 2013 . 2. Waiting time exception (a) In general The Secretary of Transportation shall ensure that the exception described in section 395.1(d)(2) of title 49, Code of Federal Regulations (relating to on-duty time not including waiting time at a natural gas or oil well site) applies to covered operators, except that the exception shall apply to such operators without regard to whether such operators have received special training or operate vehicles specially constructed to service wells. (b) Covered operator defined In this section, the term covered operator means the operator of a commercial motor vehicle transporting supplies, equipment, or materials, including sand or water, to or from a natural gas or oil well site. | https://www.govinfo.gov/content/pkg/BILLS-113hr1097ih/xml/BILLS-113hr1097ih.xml |
113-hr-1098 | I 113th CONGRESS 1st Session H. R. 1098 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Pascrell (for himself and Mr. Rooney ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Public Health Service Act to reauthorize certain programs relating to traumatic brain injury and to trauma research.
1. Short title This Act may be cited as the Traumatic Brain Injury Reauthorization Act of 2013 . 2. CDC programs for prevention and surveillance of traumatic brain injury Section 394A of the Public Health Service Act ( 42 U.S.C. 280b–3 ) is amended— (1) by striking the section heading and all that follows through For the purpose and inserting the following: 394. Authorization of appropriations (a) In general For the purpose ; and (2) by adding at the end the following: (b) Traumatic brain injury To carry out sections 393B and 393C, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2014 through 2018. . 3. State grants for projects regarding traumatic brain injury Section 1252 of the Public Health Service Act ( 42 U.S.C. 300d–52 ) is amended— (1) in subsection (a), by striking , acting through the Administrator of the Health Resources and Services Administration, ; and (2) in subsection (j), by striking 2012 and inserting 2018 . 4. State grants for protection and advocacy services Section 1253 of the Public Health Service Act ( 42 U.S.C. 300d–53 ) is amended— (1) in subsection (a), by striking , acting through the Administrator of the Health Resources and Services Administration (referred to in this section as the Administrator ), ; (2) in subsections (c), (d)(1), (e)(1), (e)(4), (g), (h), and (j)(1), by striking Administrator each place it appears and inserting Secretary ; (3) in subsection (i)— (A) by striking Administrator of the Health Resources and Services Administration and inserting Secretary ; and (B) by striking by the Administrator and inserting by the Secretary ; and (4) in subsection (l), by striking 2012 and inserting 2018 . 5. Interagency program for trauma research Section 1261(i) of the Public Health Service Act ( 42 U.S.C. 300d–61(i) ) is amended by striking 2012 and inserting 2018 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1098ih/xml/BILLS-113hr1098ih.xml |
113-hr-1099 | I 113th CONGRESS 1st Session H. R. 1099 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Pitts introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To repeal the Prevention and Public Health Fund.
1. Repealing Prevention and Public Health Fund (a) In general Section 4002 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 300u–11 ) is repealed. (b) Rescission of unobligated funds Of the funds made available by such section 4002, the unobligated balance is rescinded. (c) Notice of Rescission of Unobligated Funds Not later than 10 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall post on the public website of the Department of Health and Human Services a notice of— (1) the rescission, pursuant to subsection (b), of the unobligated balance of funds made available by such section 4002; and (2) the amount of such funds so rescinded. | https://www.govinfo.gov/content/pkg/BILLS-113hr1099ih/xml/BILLS-113hr1099ih.xml |
113-hr-1100 | I 113th CONGRESS 1st Session H. R. 1100 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Ms. Schakowsky (for herself, Mr. Rush , Mr. Polis , Mr. Cicilline , Mr. Grijalva , Mr. Garamendi , Mr. McGovern , Ms. Roybal-Allard , Mr. Ellison , Mr. Tonko , Ms. Lee of California , and Mr. Holt ) 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 amend the Public Health Service Act to improve mental and behavioral health services on college campuses.
1. Short title This Act may be cited as the Mental Health on Campus Improvement Act . 2. Findings Congress makes the following findings: (1) The 2011 Association of University and College Counseling Center Directors Survey found that the average ratio of counselors to students on campus is nearly 1 to 1,879 and is often far higher on large campuses. The International Association of Counseling Services accreditation standards recommends 1 counselor per 1,000 to 1,500 students. (2) College Counselors report that 10.8 percent of enrolled students sought counseling in the past year, totaling an estimated 2,000,000 students. (3) Over 90 percent of counseling directors believe there is an increase in the number of students coming to campus with severe psychological problems; today, 44 percent of the students who visit campus counseling centers are dealing with severe mental illness, up from 16 percent in 2000, and 24 percent are on psychiatric medication, up from 17 percent in 2000. (4) The majority of campus counseling directors report that the demand for services and the severity of student needs are growing without an increase in resources. (5) Many students who need help never receive it. Only 15 percent of college students who commit suicide received campus counseling. Of students who seriously consider suicide each year, only 52% of them seek any professional help at all. (6) A 2012 American College Health Association (ACHA) survey of more than 98,000 college and university students revealed that, within the last 12 months, 51 percent of students report having felt overwhelming anxiety, 31 percent felt so depressed it was difficult to function, and 46 percent felt hopeless. The ACHA survey found that 7.5 percent of students have seriously considered suicide in the past 12 months. (7) The National Research Consortium of Counseling Centers in Higher Education found that 6 percent of students have seriously considered suicide in the past 12 months. The Research Consortium found that of those who have seriously considered suicide in the past 12 months, 52 percent sought no preferred help and only 54 percent told anyone that they were considering suicide. (8) Research conducted between 1997 and 2009, and presented at the 118th annual convention of the American Psychological Association found that more students are grappling with depression and anxiety disorders than did a decade ago. The study found that of students who sought college counseling, 41 percent had moderate to severe depression in 2009, that number was 34 percent in 1997. (9) A survey conducted by the University of Idaho Student Counseling Center in 2000 found that 77 percent of students who responded reported that they were more likely to stay in school because of counseling and that their school performance would have declined without counseling. (10) Students with psychological issues often struggle academically and are at risk for dropping out of school. Counseling has been shown to address these issues while having a positive impact on students remaining in school. A 6-year longitudinal study found college students receiving counseling to have an 11.4 percent higher retention rate than the general university population (Turner & Berry, 2000). (11) A national survey of college students living with mental health conditions, conducted by the National Alliance on Mental Health, found that 64 percent of students who experience mental health problems in college and withdraw from school do so because of their mental health issues. The survey also found that 50 percent of that group never accessed mental health services and supports. 3. Improving mental and behavioral health on college campuses Title V of the Public Health Service Act is amended by inserting after section 520E–2 ( 42 U.S.C. 290bb–36b ) the following: 520E–3. Grants to improve mental and behavioral health on college campuses (a) Purpose It is the purpose of this section, with respect to college and university settings, to— (1) increase access to mental and behavioral health services; (2) foster and improve the prevention of mental and behavioral health disorders, and the promotion of mental health; (3) improve the identification and treatment for students at risk; (4) improve collaboration and the development of appropriate levels of mental and behavioral health care; (5) reduce the stigma for students with mental health disorders and enhance their access to mental health services; and (6) improve the efficacy of outreach efforts. (b) Grants The Secretary, acting through the Administrator and in consultation with the Secretary of Education, shall award competitive grants to eligible entities to improve mental and behavioral health services and outreach on college and university campuses. (c) Eligibility To be eligible to receive a grant under subsection (b), an entity shall— (1) be an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )); and (2) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including the information required under subsection (d). (d) Application An application for a grant under this section shall include— (1) a description of the population to be targeted by the program carried out under the grant, the particular mental and behavioral health needs of the students involved; (2) a description of the Federal, State, local, private, and institutional resources available for meeting the needs of such students at the time the application is submitted; (3) an outline of the objectives of the program carried out under the grant; (4) a description of activities, services, and training to be provided under the program, including planned outreach strategies to reach students not currently seeking services; (5) a plan to seek input from community mental health providers, when available, community groups, and other public and private entities in carrying out the program; (6) a plan, when applicable, to meet the specific mental and behavioral health needs of veterans attending institutions of higher education; (7) a description of the methods to be used to evaluate the outcomes and effectiveness of the program; and (8) an assurance that grant funds will be used to supplement, and not supplant, any other Federal, State, or local funds available to carry out activities of the type carried out under the grant. (e) Special considerations In awarding grants under this section, the Secretary shall give special consideration to applications that describe programs to be carried out under the grant that— (1) demonstrate the greatest need for new or additional mental and behavioral health services, in part by providing information on current ratios of students to mental and behavioral health professionals; (2) propose effective approaches for initiating or expanding campus services and supports using evidence-based practices; (3) target traditionally underserved populations and populations most at risk; (4) where possible, demonstrate an awareness of, and a willingness to, coordinate with a community mental health center or other mental health resource in the community, to support screening and referral of students requiring intensive services; (5) identify how the college or university will address psychiatric emergencies, including how information will be communicated with families or other appropriate parties; and (6) demonstrate the greatest potential for replication and dissemination. (f) Use of funds Amounts received under a grant under this section may be used to— (1) provide mental and behavioral health services to students, including prevention, promotion of mental health, voluntary screening, early intervention, voluntary assessment, treatment, management, and education services relating to the mental and behavioral health of students; (2) provide outreach services to notify students about the existence of mental and behavioral health services; (3) educate students, families, faculty, staff, and communities to increase awareness of mental health issues; (4) support student groups on campus that engage in activities to educate students, including activities to reduce stigma surrounding mental and behavioral disorders, and promote mental health wellness; (5) employ appropriately trained staff; (6) provide training to students, faculty, and staff to respond effectively to students with mental and behavioral health issues; (7) expand mental health training through internship, post-doctorate, and residency programs; (8) develop and support evidence-based and emerging best practices, including a focus on culturally and linguistically appropriate best practices; and (9) evaluate and disseminate best practices to other colleges and universities. (g) Duration of grants A grant under this section shall be awarded for a period not to exceed 3 years. (h) Evaluation and reporting (1) Evaluation Not later than 18 months after the date on which a grant is received under this section, the eligible entity involved shall submit to the Secretary the results of an evaluation to be conducted by the entity concerning the effectiveness of the activities carried out under the grant and plans for the sustainability of such efforts. (2) Report Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report concerning the results of— (A) the evaluations conducted under paragraph (1); and (B) an evaluation conducted by the Secretary to analyze the effectiveness and efficacy of the activities conducted with grants under this section. (i) Technical assistance The Secretary may provide technical assistance to grantees in carrying out this section. (j) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. 520E–4. Mental and behavioral health outreach and education on college campuses (a) Purpose It is the purpose of this section to increase access to, and reduce the stigma associated with, mental health services so as to ensure that college students have the support necessary to successfully complete their studies. (b) National Public Education Campaign The Secretary, acting through the Administrator and in collaboration with the Director of the Centers for Disease Control and Prevention, shall convene an interagency, public-private sector working group to plan, establish, and begin coordinating and evaluating a targeted public education campaign that is designed to focus on mental and behavioral health on college campuses. Such campaign shall be designed to— (1) improve the general understanding of mental health and mental health disorders; (2) encourage help-seeking behaviors relating to the promotion of mental health, prevention of mental health disorders, and treatment of such disorders; (3) make the connection between mental and behavioral health and academic success; and (4) assist the general public in identifying the early warning signs and reducing the stigma of mental illness. (c) Composition The working group under subsection (b) shall include— (1) mental health consumers, including students and family members; (2) representatives of colleges and universities; (3) representatives of national mental and behavioral health and college associations; (4) representatives of college health promotion and prevention organizations; (5) representatives of mental health providers, including community mental health centers; and (6) representatives of private- and public-sector groups with experience in the development of effective public health education campaigns. (d) Plan The working group under subsection (b) shall develop a plan that shall— (1) target promotional and educational efforts to the college age population and individuals who are employed in college and university settings, including the use of roundtables; (2) develop and propose the implementation of research-based public health messages and activities; (3) provide support for local efforts to reduce stigma by using the National Mental Health Information Center as a primary point of contact for information, publications, and service program referrals; and (4) develop and propose the implementation of a social marketing campaign that is targeted at the college population and individuals who are employed in college and university settings. (e) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. . 4. Interagency Working Group on College Mental Health (a) Purpose It is the purpose of this section, pursuant to Executive Order 13263 (and the recommendations issued under section 6(b) of such Order), to provide for the establishment of a College Campus Task Force under the Federal Executive Steering Committee on Mental Health, to discuss mental and behavioral health concerns on college and university campuses. (b) Establishment The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish a College Campus Task Force (referred to in this section as the Task Force ), under the Federal Executive Steering Committee on Mental Health, to discuss mental and behavioral health concerns on college and university campuses. (c) Membership The Task Force shall be composed of a representative from each Federal agency (as appointed by the head of the agency) that has jurisdiction over, or is affected by, mental health and education policies and projects, including— (1) the Department of Education; (2) the Department of Health and Human Services; (3) the Department of Veterans Affairs; and (4) such other Federal agencies as the Administrator of the Substance Abuse and Mental Health Services Administration and the Secretary jointly determine to be appropriate. (d) Duties The Task Force shall— (1) serve as a centralized mechanism to coordinate a national effort— (A) to discuss and evaluate evidence and knowledge on mental and behavioral health services available to, and the prevalence of mental health illness among, the college age population of the United States; (B) to determine the range of effective, feasible, and comprehensive actions to improve mental and behavioral health on college and university campuses; (C) to examine and better address the needs of the college age population dealing with mental illness; (D) to survey Federal agencies to determine which policies are effective in encouraging, and how best to facilitate outreach without duplicating, efforts relating to mental and behavioral health promotion; (E) to establish specific goals within and across Federal agencies for mental health promotion, including determinations of accountability for reaching those goals; (F) to develop a strategy for allocating responsibilities and ensuring participation in mental and behavioral health promotions, particularly in the case of competing agency priorities; (G) to coordinate plans to communicate research results relating to mental and behavioral health amongst the college age population to enable reporting and outreach activities to produce more useful and timely information; (H) to provide a description of evidence-based best practices, model programs, effective guidelines, and other strategies for promoting mental and behavioral health on college and university campuses; (I) to make recommendations to improve Federal efforts relating to mental and behavioral health promotion on college campuses and to ensure Federal efforts are consistent with available standards and evidence and other programs in existence as of the date of enactment of this Act; and (J) to monitor Federal progress in meeting specific mental and behavioral health promotion goals as they relate to college and university settings; (2) consult with national organizations with expertise in mental and behavioral health, especially those organizations working with the college age population; and (3) consult with and seek input from mental health professionals working on college and university campuses as appropriate. (e) Meetings (1) In general The Task Force shall meet at least 3 times each year. (2) Annual conference The Secretary shall sponsor an annual conference on mental and behavioral health in college and university settings to enhance coordination, build partnerships, and share best practices in mental and behavioral health promotion, data collection, analysis, and services. (f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr1100ih/xml/BILLS-113hr1100ih.xml |
113-hr-1101 | I 113th CONGRESS 1st Session H. R. 1101 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Sires introduced the following bill; which was referred to the Committee on Financial Services , 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 strengthen America’s financial infrastructure, by requiring pre-funding for catastrophe losses using private insurance premium dollars to better prepare and protect homeowners from natural catastrophes and to protect taxpayers from massive bailouts, and to provide dedicated funding from insurance premiums to improve catastrophe preparedness, loss prevention and mitigation, and to improve the availability and affordability of private market homeowners insurance coverage for catastrophic events, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the Homeowners and Taxpayers Protection Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings and purpose. Sec. 3. Definitions. Title I—TAXPAYER PROTECTION, PRE-FUNDED CATASTROPHE RECOVERY, AND MARKET STABILIZATION Sec. 101. National Commission on Natural Catastrophe Preparation and Protection. Sec. 102. Pre-funded and privately financed catastrophe recovery program. Sec. 103. Post-catastrophe market stabilization program for liquidity loans. Sec. 104. Termination. Title II—CATASTROPHE READINESS, CITIZEN AND COMMUNITY PREPAREDNESS, AND MITIGATION Sec. 201. National Readiness, Preparedness, and Mitigation Committee. 2. Findings and purpose (a) Findings The Congress finds the following: (1) The economy of the United States, the American taxpayers, and all homeowners need to be better prepared for, and more protected from, major natural catastrophes. (2) Taking into consideration the current economic and fiscal challenges facing the United States, it is more important than ever to fortify our Nation’s financial infrastructure to be fully prepared for major natural catastrophes and to mitigate the risk of catastrophe as much as possible. (3) When major catastrophes hit, the Federal Government is called upon to provide significant funding and services to support recovery. (4) The costs of post-catastrophe Federal bailouts are borne by all taxpayers and can create a disincentive to fully prepare for catastrophes. (5) Historically, the budget for Federal Government has assumed there will be no natural catastrophes, and this lack of pre-funding for catastrophes contributed substantially to annual budget deficits and growing national debt. (6) The Budget Control Act of 2011 ends an era of unbudgeted recovery assistance and authorizes a fixed level of annual funding for catastrophes relief. (7) The amount of future catastrophe relief funding is capped at the average amount spent on natural catastrophes during the previous 10 years with the high and low years removed. (8) By removing the high and low years, the law now caps catastrophes spending at a level that is less than 60 percent of the amount spent on catastrophe relief during the previous 10 years. (9) Responsibly managing Government spending is a top congressional priority, especially in light of the unprecedented fiscal challenges facing the Nation. (10) Natural catastrophes will continue to occur, and the exposure to catastrophe risk is growing. Scientists warn that future catastrophes will inevitably cause losses far in excess of prior events, and these losses could exceed the limited capacity in the private market to cover claims and remain viable to insure properties after massive catastrophic events. (11) In 2011, the earthquake centered in Virginia that shook the East Coast and the extreme weather and deadly super tornadoes that ripped across the country provided powerful reminders that natural catastrophes can strike unexpectedly, severely damaging areas not thought to be at high risk, and no region is immune from the threat of natural catastrophe. (12) In 2012, the devastation caused by Superstorm Sandy demonstrated yet again the need for a mechanism to ensure that privately funded monies will be available if needed following mega-catastrophes. (13) To successfully transition to a more limited and targeted Federal role in post-event catastrophe funding, communities must be better prepared for future catastrophes, the risk of damage must be mitigated, and individuals must have greater access to private market protection against catastrophe risk. (14) The private insurance market alone does not have sufficient capacity to efficiently address the timing risk presented by major natural catastrophes, and there is no guarantee that the level of capacity that does exist will continue to be available from one year to the next or that consumers have the resources to adjust to significant price swings in the cost of the capital for available capacity. (15) Disruptions in insurance availability and affordability will continue to harm economic activity in States exposed to major catastrophes and place significant burdens on residents of these States. (16) Consumers in many areas around the country cannot find homeowners insurance in the private market, and affordability and availability challenges will grow dramatically when future major catastrophes strike. (17) Hurricane Katrina, Superstorm Sandy, and other recent catastrophes confirm that the economic harm from natural catastrophes has a disproportionate impact upon the poor and middle class because areas most frequently and adversely impacted by catastrophic hurricanes have disproportionately high rates of poverty and housing stock valued well below State averages. (18) A new public-private partnership approach to deal more effectively with major natural catastrophes would more efficiently leverage the public sector and establish a limited, less expensive, more focused role for government while also maximizing the capabilities of the private sector. (19) A privately funded backstop can provide more protection at lower cost for consumers while also strengthening America’s financial infrastructure to deal with natural catastrophes by increasing capacity and providing more market stability after a catastrophe. (20) Cost savings can lower premiums for consumers and be used to encourage better prevention and mitigation in lieu of post-event bailouts. (21) A financial backstop can be structured to be fully funded to protect taxpayers from bailouts and insurance policyholders from subsidies upon which the current system relies. (22) A public-private partnership model, with an appropriately structured backstop, can protect against the timing risk presented by major natural catastrophes, spread risk more broadly, and enable private direct insurers to underwrite and price insurance for large-scale catastrophes more efficiently and with less risk of insolvency or financial distress while making insurance more available and affordable for consumers. (23) A public-private partnership model can be structured to include and encourage participation by private market reinsurers. (24) Incentives and requirements can be created to improve prevention and mitigation measures at the State and local levels, including strong building codes, effective retrofits for existing homes, and sensible land use policies to prohibit further development in environmentally sensitive areas that are highly exposed to catastrophe. (25) For the majority of Americans, their home is their single biggest asset and protecting that investment is important to the economic health of millions of Americans, to social stability; and to the health of the banking system and broader economy. (26) The financial crisis of 2008 and recent fiscal challenges confirm the value of taking action in advance to strengthen America’s financial infrastructure through a privately funded backstop rather than waiting for a future crisis or collapse to take emergency action in the form of bailouts. (27) It is in the best interests of the Nation to take responsible action now to begin to build a financial backstop that will help protect a recovering American economy and mitigate the economic or financial shock that could result from a major catastrophic event. (b) Purposes The purposes of this Act are— (1) to better prepare and protect homeowners and taxpayers from major natural catastrophe; (2) to establish a fully funded program for catastrophe losses to strengthen the financial infrastructure of the United States; (3) to protect taxpayers from bailouts and subsidies related to the financing of post-catastrophe catastrophe relief; (4) to develop a public-private partnership that maximizes and supplements private market capacity, increases the spread of risk, and increases market stability; (5) to reduce the size of State government insurance exposure; (6) to make private market homeowners insurance more available and affordable; (7) to improve emergency preparedness; (8) to encourage individuals and communities to adopt mitigation and prevention measures that reduce losses from such catastrophes; and (9) to fortify the Nation’s capacity to assist in the financial recovery from major catastrophes. 3. Definitions For purposes of this Act, the following definitions shall apply: (1) Actuarially sound The term actuarially sound means, with respect to premiums, that premiums are determined according to principles of actuarial science to be adequate, but not excessive, in the aggregate to pay current and future obligations, including the expected annualized cost of all claims, loss adjustment expenses, and all administrative costs. (2) Covered event The term covered event means the occurrence of one or more of the events specified in section 102(c) that causes a loss or series of losses. (3) Covered state The term covered States means, with respect to a State plan, a State covered by the plan. (4) Eligible state plan The term eligible State plan means a State plan or multi-State plan that meets the requirements of section 102(d). (5) Emergency response providers The term emergency response providers has the meaning given such term in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ). (6) Fund The term Fund means the Catastrophe Preparedness Fund established under section 102(g). (7) Insured loss The term insured loss means any loss and associated loss adjustment expense insured or reinsured by an eligible State plan. (8) Liquidity loan The term liquidity loan means a loan to an eligible State plan made under section 103. (9) Multi-state plan The term multi-State plan means a State plan described in paragraph (13)(A)(ii) of this section. (10) Qualified entity The term qualified entity means a private market reinsurer or other private sector entity that has satisfied the criteria established by the Secretary to be treated as a qualified entity for the purposes of section 102(e). (11) Secretary The term Secretary means the Secretary of the Treasury except as specifically provided otherwise. (12) State The term State includes the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, and American Samoa, and any other territory or possession of the United States. (13) State plan The term State plan means a plan that— (A) is created or administered by— (i) a single State; or (ii) two or more States; and (B) provides insurance or reinsurance protection to address natural catastrophe preparedness and protection, and in the case of a plan described in subparagraph (A)(ii), provides such protection as part of a program covering multiple States. I TAXPAYER PROTECTION, PRE-FUNDED CATASTROPHE RECOVERY, AND MARKET STABILIZATION 101. National Commission on Natural Catastrophe Preparation and Protection (a) Establishment To effectuate a stronger public-private partnership at the local, State, and national levels regarding natural catastrophe preparation and protection, the Secretary of the Treasury, in consultation with the Secretary of Homeland Security, shall establish a commission to be known as the National Commission on Natural Catastrophe Preparation and Protection (in this title referred to as the Commission ). (b) Duties The Commission shall meet for the purpose of advising the Secretary regarding the estimated loss costs associated with the contracts for reinsurance protection made available under this title and carrying out the functions specified in this Act, including— (1) the development and implementation of public education concerning the risks posed by natural catastrophes; (2) the establishment of a research priority for the development and implementation of prevention, mitigation, recovery, and rebuilding strategies, that better prepare and protect the United States from natural catastrophes; (3) the establishment of a process for members of the Commission to deploy following every major catastrophe to inspect and evaluate the handling of such catastrophes; (4) conducting continuous analysis of the effectiveness of this Act and recommending improvements to the Congress so that the costs of providing natural catastrophe protection are decreased and so that the United States is better prepared; and (5) ensuring that the programs under this title are operated in a financially prudent manner and on an actuarially sound basis consistent with the provisions of this title and is not dependent on subsidy from taxpayers or consumers in areas that do not reside in areas that have a high-risk to natural catastrophe loss, including by monitoring the expenditure of funds for administrative purposes to promote efficiency and economy in the operation and administration of the program and to minimize the cost for participating States. (c) Members The Commission shall consist of 14 members, as follows: (1) Homeland security member The Secretary of Homeland Security or the Secretary’s designee. (2) Appointed members 13 members appointed by the Secretary of the Treasury, who shall consist of— (A) the Director of the Federal Insurance Office of the Department of the Treasury, or the Director’s designee; (B) a member of a State legislature who can provide the perspective of State government; (C) one individual who is an actuary; (D) one individual who is employed in engineering; (E) one individual representing the scientific community; (F) one individual representing property and casualty insurers; (G) one individual representing reinsurers; (H) one individual who is a member or former member of the National Association of Insurance Commissioners; (I) two individuals who are consumers, including one consumer who is a homeowner who resides in an area with relatively high exposure to natural catastrophe risk and one consumer who resides in an area with relatively low exposure to natural catastrophe risk; (J) one individual who is an emergency response expert; (K) one individual with expertise regarding capital markets; and (L) one individual representing the residential construction community. (d) Treatment of non-Federal members Each member of the Commission who is not otherwise employed by the Federal Government shall be considered a special Government employee for purposes of sections 202 and 208 of title 18, United States Code. (e) Experts and consultants The Commission may procure temporary and intermittent services from individuals or groups recognized as experts in the fields of actuarial science, meteorology, seismology, vulcanology, geology, structural engineering, wind engineering, seismic engineering and hydrology, emergency response, and other fields, under section 3109(b) of title 5, United States Code, but at rates not in excess of the daily equivalent of the annual rate of basic pay payable for level V of the Executive Schedule, for each day during which the individual procured is performing such services for the Commission. The Commission may also procure, and the Congress encourages the Commission to procure, experts from universities, research centers, foundations, and other appropriate organizations that could study, research, and develop methods and mechanisms that could be utilized to strengthen structures to better withstand the events covered by this Act. (f) Compensation Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate of basic pay payable for level V of the Executive Schedule, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (g) Obtaining data (1) Authority The Commission and the Secretary may solicit loss and exposure data and such other information that they deem necessary to carry out their responsibilities under this Act from eligible State plans, other governmental agencies, and bodies and organizations that act as statistical agents for the insurance industry. The Commission and the Secretary shall take such actions as are necessary to ensure that confidential or proprietary information is disclosed only to authorized individuals working for the Commission or the Secretary. (2) Confidentiality (A) In general Information obtained by the Commission and the Secretary pursuant to this Act with reference to which a request for confidential treatment is made by the person furnishing such information— (i) shall be exempt from disclosure under section 552 of title 5, United States Code; and (ii) shall not be published or disclosed. (B) Exception Subparagraph (A) shall not apply with respect to the publication or disclosure of any data aggregated in a manner that ensures protection of the identity of the person furnishing such data. (h) Authorization of appropriations There is authorized to be appropriated— (1) $10,000,000 for fiscal year 2013 for the initial expenses in establishing the Commission and the initial activities of the Commission during such fiscal year that cannot timely be covered by amounts that are deposited in the Fund pursuant to section 102(e)(5)(D); and (2) for fiscal year 2014 and each fiscal year thereafter, such sums as may be necessary to carry out the activities of the Commission during each such fiscal year that cannot timely be covered by amounts that are deposited in the Fund pursuant to section 102(e)(5)(D). (i) Termination The Commission shall terminate upon the date specified in section 104(c). 102. Pre-funded and privately financed catastrophe recovery program (a) Program authority (1) In general The Secretary of the Treasury, in consultation with the Secretary of Homeland Security, shall carry out a program under this section that utilizes premiums from eligible State plans to provide additional capacity and stability in the homeowners insurance market and improve the availability and affordability of homeowners protection coverage to pre-fund future natural catastrophe recovery by making available for purchase, only by eligible State plans, contracts for reinsurance coverage under this section. (2) Purpose The program shall make available privately funded reinsurance coverage under this section— (A) to diversify and spread risk more efficiently and leverage the economies of pooling reinsurance arrangements from different geographical areas of the country covering the events specified in subsection (c); (B) to generate additional capacity and provide stability to the homeowners insurance market by encouraging States to develop or expand plans that address current market challenges and assist homeowners in securing needed protection; (C) to improve the availability and affordability of homeowners insurance for the purpose of privately financing post-catastrophe recovery by facilitating the pooling and spreading the risk of catastrophic financial losses from natural catastrophes; (D) to improve the solvency, capacity, and stability of homeowners insurance markets, supplement private market reinsurance, and increase the spread of risk; (E) to encourage the development and implementation of mitigation, prevention, recovery, and rebuilding strategies to reduce future catastrophe losses; and (F) to recommend methods to continuously improve the way the United States prepares for, reacts to, and responds to catastrophes, including improvements to the Catastrophe Preparedness Fund established under section 102(g). (3) Contract principles Under the program under this section, the Secretary shall offer reinsurance coverage through contracts with eligible State plans, which contracts shall— (A) be priced on an actuarially sound basis as specified in this section; and (B) provide coverage based solely on insured losses within the State or States participating in the eligible State plan purchasing the contract. (b) Qualified lines of coverage Each contract for reinsurance coverage made available under this section shall provide coverage for insured property losses covered under primary insurance contracts to homeowners, mobile home owners, renters, and condominium owners for covered events. Nothing in this Act shall be interpreted to expand the terms, conditions, or scope of coverage or events covered under insurance policies issued by insurers or eligible State plans. (c) Covered events (1) In general Each contract for reinsurance coverage made available under this section shall cover losses insured or reinsured by the eligible State plan purchasing the contract that are proximately caused by— (A) earthquakes; (B) events ensuing from earthquakes, including fire and tsunami-related flood; (C) catastrophic wildfires unrelated to earthquakes; (D) tropical cyclones having maximum sustained winds of at least 74 miles per hour, including hurricanes and typhoons; (E) tornadoes; (F) volcanic eruptions; (G) catastrophic winter storms; and (H) any other natural catastrophe insured or reinsured under the eligible State plan purchasing the contract. (2) Definitions The Secretary shall, by regulation, define the natural catastrophe events identified under this subsection. (d) Eligible state plans A State plan shall be an eligible State plan for purposes of this section only if the State plan meets all of the following requirements: (1) Program design The entity for the covered State or States that is authorized to make such determinations certifies to the Secretary that the State plan is a program, established by the covered State or States, that provides— (A) insurance coverage for insured property losses covered under primary insurance contracts for residential property located in any covered State; or (B) reinsurance coverage that is designed to improve availability or affordability, or both, in the private insurance markets that offers coverage for insured property losses covered under primary insurance contracts for residential property located in any covered State. (2) Operation The entity for the covered State or States that is authorized to make such determinations certifies to the Secretary that the State plan complies with the following requirements: (A) Establishment; governing body The State plan shall be established by the covered State or States and a majority of the members of the governing body of the State plan shall be public officials or appointed by public officials. (B) Repayment If any covered State has at any time appropriated amounts from the fund of the State plan for any purpose other than payments made in connection with the activities authorized under the State plan, the State shall have repaid such amounts to the State fund, together with interest on such amounts. (C) Nondiscrimination in coverage Insurance or reinsurance coverage, as applicable, provided under the eligible State plan shall be made available on a nondiscriminatory basis to all qualifying residents of any covered State. (D) Prohibition of cross-subsidization The State plan may not, except for charges or assessments related to post-event financing or bonding, involve cross-subsidization between any separate property and casualty lines covered under the plan. (E) Reinsurance premiums In the case of State plans providing reinsurance coverage, the plan or the law in effect in each covered State shall require that to the extent that reinsurance coverage made available under the program under this section results in cost savings in providing insurance coverage for risks in such State, such cost savings be reflected in premium rates charged to consumers for such coverage. (F) Termination The State plan shall include provisions that authorize the entity for the covered State or States that is authorized to make such a determination to terminate the State plan or, in the case of a multi-State plan, membership in such Plan, if such entity determines that the State plan is no longer necessary to ensure the availability or affordability of residential property insurance for all residents of any covered State. (G) Actuarial soundness The State plan shall have actuarially sound rates. (3) Treatment of earnings The entity for the covered State or States that is authorized to make such determinations certifies to the Secretary that the State plan does not provide for redistribution of any part of any net profits under the State plan to any insurer that participates in the State plan. (4) Support for mitigation and prevention (A) Requirements Except as provided in subparagraph (B), the Secretary determines that, for any year for which the coverage is in effect, the provision of reinsurance coverage under the program under this section to the State plan supports mitigation and prevention of risk associated with covered events and that the State plan meets all of the following requirements: (i) Building codes Each covered State has in effect, or appropriate local governments within each covered State have in effect, and enforce building codes and standards that offer risk responsive resistance to earthquakes or high winds. (ii) Mitigation Each covered State has taken actions to mitigate losses caused by natural catastrophes. (iii) Prohibition of price gouging Each covered State has in effect laws or regulations sufficient to prohibit price gouging, during the term of reinsurance coverage provided under the program under this section for the State plan in any catastrophe area located within the covered State. (iv) Homeowners insurance rates For any covered State that has in effect laws that require insurers providing homeowners insurance to file their rates for review or regulatory approval, the covered State has confirmed that homeowners insurance rates associated with catastrophe coverage for covered events are actuarially sound. (v) Land use and zoning plans Each covered State, to the extent feasible, shall encourage State and local government units to develop, comprehensive land use and zoning plans that are designed to limit additional natural hazard exposure and promote natural hazard mitigation. (vi) Emergency preparedness actions Each covered State, in consultation and cooperation with localities in the State, the Administrator of the Federal Emergency Management Agency, and other appropriate agencies and organizations, shall have taken actions to continuously improve emergency preparedness. (B) Transition period To provide sufficient time for adoption of the provisions of this subsection and to support implementation of prevention and mitigation measures set forth in subparagraph (A) of this paragraph, during the 5-year period that begins on the date of the enactment of this Act, a State plan shall not be precluded from qualifying as an eligible State plan because the Secretary is unable to make any of the determinations required under subparagraph (A). (e) Terms of reinsurance contracts Each contract for reinsurance coverage under this section shall be subject to the following terms and conditions: (1) Maturity The contract shall have a minimum term of 1 year or such longer duration as the Secretary may determine. (2) Payment condition The contract shall authorize claims payments only for eligible losses to the eligible State plan purchasing the coverage. (3) Retained losses requirement For each covered event, the contract shall not reimburse any losses until the total incurred covered losses exceeds the applicable attachment point established pursuant to subsection (f)(2). (4) Multiple events The contract shall cover any eligible losses from one or more covered events that may occur during the term of the contract and shall provide that if multiple events occur, the retained losses requirement under paragraph (f) shall apply in the aggregate and not separately to each individual event. (5) Pricing The price of reinsurance coverage under the contract shall be an amount established by the Secretary as follows: (A) Recommendations The Secretary shall take into consideration the recommendations of the Commission in establishing the price, but the price may not be less than the amount recommended by the Commission. (B) Fairness to taxpayers The price shall be established at an actuarially sound level that protects taxpayers from liability and takes into consideration models that estimate losses from covered events. (C) Self-sufficiency The rates for reinsurance coverage for an eligible State plan shall be established at an actuarially sound level that produces expected premiums sufficient to pay— (i) the expected annualized cost of all claims; (ii) loss adjustment expenses; (iii) the cost of funding emergency preparedness and mitigation efforts; and (iv) the costs of operating the Commission and all administrative costs of reinsurance coverage offered under this subsection. The expected annualized cost of all claims shall be comparable to amounts being included in the price for similar layers of coverage in the private sector, taking into account the savings associated with the funding mechanisms and the non-profit and tax-exempt status of the Fund. (D) Offset The Secretary shall ensure, to the maximum extent practicable, that in each fiscal year an amount equal to any amount appropriated pursuant to section 101(h) for such fiscal year is obtained from purchasers of reinsurance coverage under this section by incorporating the costs described in subparagraph (C)(iv) of this paragraph into the pricing of the contracts for such coverage. (6) Taxpayer protection, rapid cash build-up, and post-event pricing adjustments (A) First 5 years Notwithstanding any other provision of this section, during the first five years of the program under this section, the Secretary shall increase the price that is charged for reinsurance coverage provided under the program under this section by at least five percent, or such higher amount as the Secretary deems, above the actuarially sound price calculated under paragraph (5), to facilitate and accelerate the accumulation of reserves and to support the creation of the readiness, preparedness, and mitigation grant program under section 201. (B) Post-event Notwithstanding any other provision of this section, after any covered event triggering any payment under a contract for reinsurance coverage that requires the Fund to issue obligations under subsection (g)(4) to make such payment and to provide additional taxpayer protection and ensure that the program under this section is fully funded on an ongoing basis, the Secretary shall require the inclusion of an additional amount in the price that is charged for reinsurance coverage provided under the program equal to at least five percent of the actuarially sound price calculated under paragraph (5) to ensure that the program collects all revenue necessary— (i) to provide the reinsurance coverage authorized under this section; (ii) to administer the program under this section, and (iii) to account for any losses paid with funds acquired from obligations issued under subsection (g)(4) during a period having a duration not longer than five years, if feasible. Any such obligations issued under subsection (g)(4) shall be repaid in full from the surcharges assessed under this paragraph. (7) Information The contract shall contain a condition providing that the Commission may require the eligible State plan that is covered under the contract to submit to the Commission all information regarding the eligible State plan relevant to the duties of the Commission, as determined by the Secretary. (8) Additional contract option The contract shall provide that the purchaser of the contract may, during the term of such original contract, purchase additional contracts from among those offered by the Secretary at the beginning of the term, subject to the limitations under subsection (f), at the prices at which such contracts were offered at the beginning of the term, prorated based upon the remaining term as determined by the Secretary. Such additional contracts shall provide coverage beginning on a date 15 days after the date of purchase, but shall not provide coverage for losses for an event that has already occurred. Eligible State plans may arrange for prospective contracts for planning purposes and to enhance stability and predictability in managing risk and accounting for costs associated with risk transfer. (9) Other terms The contract shall contain such other terms as the Secretary considers necessary to carry out this Act and to ensure the long-term financial integrity of the program under this section. The contract shall also specify how payouts shall be administered if multiple events occur that affect more than one eligible State plan. (10) Encouragement for private sector to participate (A) Establishment of competitive procedure The Congress encourages private market reinsurers and other private sector entities to participate in the program under this section. Accordingly, the Secretary shall establish, by regulation, a competitive procedure under this paragraph that provides qualified entities an opportunity, on a basis consistent with the contract cycle established under this section by the Secretary, to offer to provide, in lieu of reinsurance coverage under this section, reinsurance coverage that is substantially similar to coverage otherwise made available under this section. (B) Competitive procedure Under the procedure established under this paragraph— (i) the Secretary shall establish criteria for private insurers, reinsurers, and capital market companies, and consortia of such entities to be treated as qualified entities for purposes of this paragraph, which criteria shall require such an entity to have at all times capital sufficient to satisfy the terms of the reinsurance contracts and shall include such other industry and credit rating standards as the Secretary considers appropriate; (ii) not less than 30 days before the beginning of each contract cycle during which any reinsurance coverage under this section is to be made available, the Secretary may request proposals and shall publish in the Federal Register the rates and terms for contracts for coverage under this section that are to be made available during such contract cycle; (iii) the Secretary shall provide qualified entities a period of not less than 10 days (which shall terminate not less than 20 days before the beginning of the contract cycle) to submit to the Secretary a written expression of interest in providing reinsurance coverage in lieu of the coverage otherwise to be made available under this section; (iv) the Secretary shall provide any qualified entity submitting an expression of interest during the period referred to in clause (iii) a period of not less than 20 days (which shall terminate before the beginning of the contract cycle) to submit to the Secretary an offer to provide, in lieu of the reinsurance coverage otherwise to be made available under this section, coverage that is substantially similar to such coverage; (v) if the Secretary determines that an offer submitted during the period referred to in clause (iii) is a bona fide offer to provide reinsurance coverage during the contract cycle at rates and terms that are substantially similar to the rates and terms for reinsurance coverage otherwise to be provided under this section by the Secretary, the Secretary shall accept the offer (if still outstanding) and, notwithstanding any other provision of this Act, provide for such entity to make reinsurance coverage available in accordance with the offer; and (vi) if the Secretary accepts an offer pursuant to clause (v) to make reinsurance coverage available, notwithstanding any other provision of this Act, the Secretary shall reduce, to an equivalent extent, the amount of reinsurance coverage available under this section during the contract cycle to which the offer relates, unless and until the Secretary determines that the entity is not complying with the terms of the accepted offer. (11) Participation by multi-state plans The Congress hereby explicitly encourages States to create and maintain catastrophe funds for their States or with other States, and nothing in this Act may be interpreted to prohibit or discourage the creation of multi-State plans, or the participation by such plans in the program established pursuant to subsection (a). The Secretary shall, by regulation, provide for the application of the provisions of this Act to multi-State catastrophe insurance and reinsurance plans. The Commission shall develop a process to evaluate and encourage the creation of regional programs and approaches to advance the purposes of this Act through the establishment of multi-State plans. (f) Treatment of insured losses and maximum federal liability (1) Available levels of retained losses In making reinsurance coverage available under this section, the Secretary shall make available for purchase contracts for such coverage that require the sustainment of retained losses from covered events (as required under subsection (e)(3) for payment of eligible losses) in various amounts, as the Secretary, in consultation with the Commission, determines appropriate and subject to the requirements under paragraph (2). (2) Standard attachment point (A) Establishment The Secretary, in consultation with the Commission, shall establish a standard attachment point at which coverage is provided to eligible State plans for all contracts. (B) Considerations In setting a standard attachment point, the Secretary and the Commission shall take into consideration— (i) how many and which eligible State plans are seeking contracts for reinsurance coverage under this section; (ii) the capital and surplus positions of the eligible State plans; (iii) the coverage preferences of eligible State plans; (iv) the availability and price of reinsurance in the private market; (v) that pooling reinsurance from different geographic locations and covering different events is more efficient than stand-alone programs; (vi) affordability of homeowners insurance; and (vii) other factors deemed appropriate to operating a long-term national reinsurance backstop program. (C) Use The standard attachment point established pursuant to this paragraph shall be used in establishing reinsurance contracts for each eligible State plan, unless the Secretary, in consultation with the Commission, determines that market conditions or the financial position of an eligible State plan warrants a lower attachment point in a contract for such eligible State plan in a given year. (D) Lower attachment points If a reinsurance contract is contemplated for an eligible State plan having an attachment point lower than the standard attachment point, the cost of such contract shall include or otherwise take into account the additional costs associated with such additional layer of protection. (3) Minimum level of retained losses For each covered event, the minimum level of retained losses shall be the amount of cash available to the eligible State plan to pay covered losses. (4) Ceiling coverage level Notwithstanding any other provision of law and subject to any limitations in future appropriations Acts, the aggregate potential liability for payment of claims under all contracts for reinsurance coverage sold under this title to any single eligible State plan during a 12-month period shall not exceed the difference between— (A) the amount equal to the covered loss projected to be incurred once every 600 years from a single event by the eligible State plan; and (B) the amount equal to the cash available in the eligible State plan to pay covered losses. (g) Catastrophe preparedness fund for pre-Funding preparedness and recovery (1) Establishment There is established within the Treasury of the United States a fund to be known as the Catastrophe Preparedness Fund . (2) Credits The Fund shall be credited with— (A) amounts received from the sale of contracts for reinsurance coverage under this section; (B) any amounts borrowed under paragraph (4); (C) any amounts earned on investments of the Fund pursuant to paragraph (5); and (D) such other amounts as may be credited to the Fund. (3) Uses Amounts in the Fund shall be available to the Secretary only for the following purposes: (A) Contract payments For payments to covered purchasers under contracts for reinsurance coverage under this section for eligible losses under such contracts. (B) Commission costs For the operating costs of the Commission. (C) Administrative expenses For the administrative expenses incurred by the Secretary in carrying out the reinsurance program under this Act. (D) Cost of national readiness, preparedness, and mitigation committee For the operating costs of the National Readiness, Preparedness, and Mitigation Committee established under section 201 and for disbursements under section 201(f)(2) for catastrophe readiness, preparedness, prevention, and mitigation. (E) Termination Upon termination under section 104, as provided in such section. (4) Liquidity (A) Authority To the extent that the amounts in the Fund are insufficient to pay claims and expenses under paragraph (3), the Secretary may issue such obligations of the Fund as may be necessary to cover the insufficiency and shall purchase any such obligations issued. (B) Public debt transaction For the purpose of purchasing any such obligations, the Secretary may use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, United States Code, and the purposes for which securities are issued under such chapter are hereby extended to include any purchase by the Secretary of such obligations under this paragraph. (C) Characteristics of obligations Obligations issued under this paragraph shall be in such forms and denominations, bear such maturities, bear interest at such rate and be subject to such other terms and conditions as the Secretary shall determine. (D) Treatment All redemptions, purchases, and sales by the Secretary of obligations under this paragraph shall be treated as public debt transactions of the United States. (E) Repayment Any obligations issued under this paragraph shall be repaid, including interest, from the Fund and shall be recouped from surcharges under subsection (e)(6)(B) on premiums for reinsurance coverage provided under this section. (5) Investment The Secretary shall invest accumulated amounts in the Fund as the Secretary considers advisable in obligations issued or guaranteed by the United States. (6) Prohibition on federal appropriations Except for amounts made available pursuant to paragraph (4)(A) of this subsection and section 101(h), no Federal funds shall be authorized or appropriated for the Fund or for carrying out the reinsurance liquidity protection program under this section. 103. Post-catastrophe market stabilization program for liquidity loans (a) Purposes The purposes of this section are to establish a program— (1) to expedite the payment of claims under State catastrophe insurance programs and better assist the financial recovery from significant natural catastrophes by authorizing the Secretary to issue loans for such purposes; and (2) to promote the availability of private capital to provide liquidity and capacity to State catastrophe insurance programs and to augment the efforts of such programs. (b) Liquidity loans The Secretary may make liquidity loans under this section to State plans for the purposes of this section, and shall have the powers and authorities necessary to make such loans, subject to the requirements of this section. (c) Conditions for loan eligibility A loan under this section may be made to a State plan only if— (1) the plan has a capital liquidity shortage, in accordance with regulations that the Secretary shall establish, such that the obligations of the plan resulting from a covered event exceed the amount of cash available to the plan to pay covered losses; (2) the plan cannot access capital in the private market at a cost lower and for similar duration than that provided under a loan under this section, as determined by the Secretary; and (3) (A) the plan is an eligible State plan; and (B) the loan complies with the requirements under subsection (e). The Secretary may not require an eligible State plan to purchase reinsurance coverage made available under the program under section 102 to be eligible for a liquidity loan under this section. (d) States with eligible state plans (1) Contracts The Secretary may enter into contracts with eligible State plans to carry out the purposes of this section by providing for liquidity loans for such plans, as the Secretary may deem appropriate. (2) Eligible state plan pre-certification The Secretary shall establish procedures and standards for State plans to apply to the Secretary at any time for pre-certification (and recertification) as eligible State plans, which procedures and standards shall provide as follows: (A) The Secretary shall administer the pre-certification (and recertification) of State plans as eligible State plans. (B) State plans that are pre-certified as eligible State plans may enter into contracts described in paragraph (1). (3) Interest rate Subject to subsection (h), a liquidity loan made under this section to an eligible State plan shall bear interest at an annual rate to be established by the Secretary, in consultation with the Commission, which shall be equal to the rate of interest on State and local government series securities have the same duration as the liquidity loan outstanding as of the date the loan is made. (4) Mandatory assistance for eligible state plans The Secretary shall, upon the request of an eligible State plan and subject to paragraphs (1) and (2) of subsection (c), make a loan for such plan in the amount requested by such plan (subject to the limitations under subsection (f)). (e) States without eligible state plans (1) Authority Subject to subsection (c), the Secretary may make a liquidity loan under this section to a State plan that is not an eligible State plan, but only if the Secretary determines that— (A) the loan is necessary to avoid a capital shortfall; and (B) the provisions providing for repayment of the loan are comparable in providing protection to taxpayers as provisions providing for repayment of liquidity loans under this section by eligible State plans. (2) Interest rate Subject to subsection (h), a liquidity loan made under this section to a State plan that is not an eligible State plan shall bear interest at an annual rate that exceeds the rate required under subsection (d)(3) for a loan made to an eligible State plan. Such rate shall be determined in accordance with a schedule of interest rates, which shall be established by the Secretary and shall provide lower rates for loans to State plans that comply with more of the requirements for eligible State plans under section 102(d) and higher rates for loans to State plans that comply with fewer of such requirements. (f) Amount The principal amount of a liquidity loan under this subsection may not exceed the difference between the applicable attachment point as determined by the Secretary in section 102(f)(2) and the amount of funds the eligible State plan had to pay losses at the time of the covered event for which the loan is made. (g) Use Amounts from a liquidity loan under this section may be used only to pay losses covered by the State plan to which the loan is made. (h) Exception to interest rate limitation In the case of liquidity loan under this section made pursuant to a large covered event that occurs early in the existence of a State plan, the Secretary may charge an interest rate for the loan that allows the State plan to repay the loan and interest without causing significant increases in the cost of insurance for covered events in the covered State or States. (i) Premiums under state plan (1) Determination of actuarially sound premiums In making a request for a liquidity loan under this section, a State plan shall determine, and the Secretary, in consultation with the Commission, shall approve, a premium amount for the coverage layer under the State plan for which the liquidity loan is sought that is actuarially sound. (2) Chargeable premiums Unless otherwise provided by the Secretary, a State plan shall charge, for the coverage layer under the State plan for which the liquidity loan is made an annual premium, for coverage during the period that begins upon the making of the liquidity loan and ends upon full repayment of the loan, in an amount that is not less than 150 percent of the actuarially sound premium determined pursuant to paragraph (1). (j) Repayment of loans (1) In general Any liquidity loan made under this section to a State plan shall be repaid solely through premiums charged by such plan in accordance with subsection (i)(2), unless alternative arrangements have been made pursuant to paragraph (3). The Secretary, in consultation with the Commission, shall determine the expected duration of each loan and monitor repayment of such loans. (2) Amount of payment To repay a liquidity loan under this section, the State plan shall pay to the Fund, from all amounts collected for the coverage layer referred to in subsection (i)(2) during the period referred to in such subsection, an amount equal to a minimum of 100 percent of the actuarially sound premium determined under subsection (j)(1) for such coverage layer, and shall retain the remainder of such amount collected to build reserves for future events, or such other amount or percentage of such amounts as the Secretary, in consultation with the Commission and State plans, determines is appropriate. (3) Other options A State plan may petition the Secretary for other repayment terms, including repayment from sources such as dedicated State sales taxes or other means, and the Secretary may, in consultation with the Commission, agree to such other terms. (k) Regulations The Secretary shall issue any regulations necessary to carry out the program under this section. 104. Termination (a) In general Except as provided in subsection (b), the Secretary may not— (1) provide any new reinsurance coverage under section 102 that covers any period after the expiration of the 20-year period beginning on the date of the enactment of this Act; or (2) make any new liquidity loan under section 103 having a term to maturity that concludes after the expiration of such 20-year period. (b) Extension If upon the expiration of the period under subsection (a) the Secretary, in consultation with the Commission, determines that continuation of the program for reinsurance coverage under section 102 or for liquidity loans under section 103 is necessary or appropriate to carry out the purposes this Act because of insufficient growth of capacity in the private homeowners insurance market, the Secretary shall continue to make such coverage and loans available and subsection (a) shall be applied by substituting 25-year period for 20-year period each place such term appears. (c) Repeal Effective upon the first date that reinsurance coverage under section 102 is no longer available or in force and that liquidity loans under section 103 are no longer available or outstanding, pursuant to subsection (a) or (b), this Act (except for this section) is repealed. (d) Deficit reduction The Secretary shall pay into the General Fund of the Treasury any amounts remaining in the Fund upon the repeal of this Act under subsection (c). II CATASTROPHE READINESS, CITIZEN AND COMMUNITY PREPAREDNESS, AND MITIGATION 201. National Readiness, Preparedness, and Mitigation Committee (a) Establishment There is established a National Readiness, Preparedness and Mitigation Committee (in this section referred to as the Committee ). (b) Members The Committee shall consist of 9 members appointed by the Secretary of Housing and Urban Development or the Secretary’s designee, as follows: (1) Three individuals from nationally recognized organizations representing State or local catastrophe response providers or catastrophe management professionals. (2) Three individuals representing nationally recognized non-profits active in catastrophe preparedness and response. (3) Three individuals representing nationally recognized organizations with expertise in contingency planning, residential construction, building code development and implementation, and land use policy. (c) Terms (1) In general Except as provided in paragraphs (2) and (3), each member of the Committee shall be appointed for a term of 3 years. (2) Initial members Of the members initially appointed to the Committee— (A) one member appointed under each of paragraphs (1), (2), and (3) of subsection (b) shall be appointed for a term of 1 year; (B) one member appointed under each of paragraphs (1), (2), and (3) of subsection (b) shall be appointed for a term of 2 years; and (C) one member appointed under each of paragraphs (1), (2), and (3) of subsection (b) shall be appointed for a term of 3 years. (3) Vacancies A member appointed to fill an unexpired term shall serve the remainder of that term. (4) Termination In the event that the Committee terminates, all appointments shall terminate. (d) Prohibition of compensation; reimbursement Members of the Committee shall receive no compensation by reason of their service on the Committee, but shall be reimbursed as provided by rules and by-laws established by the National Commission on Natural Catastrophe Preparation and Protection established under section 101. (e) Duties The members of the Committee shall administer the program under subsection (f) and conduct oversight of the program and activities under such program. (f) Readiness, preparedness, and mitigation grant program (1) Allocation of amount Beginning upon the expiration of the 12-month period that begins on the date of the enactment of this Act, the Secretary shall ensure that, to the extent provided in appropriation Acts, approximately 35 percent of the annual net investment income of the Fund under sec. 102(g), but not less than $15,000,000, and not more than 20 percent of the premium charged for reinsurance coverage under section 102 in any given year, shall be used for grants to States, units of local government, nonprofit organizations, and other appropriate public and private entities to develop, enhance, or maintain programs and initiatives to improve and maintain catastrophe response, citizen preparedness and protection, and prevention and mitigation of losses from natural catastrophes. (2) Program elements The amounts made available under paragraph (1) shall be allocated for each of the following purposes in equal amounts: (A) Catastrophe response readiness For catastrophe response readiness programs, which shall include national initiatives that develop, enhance, or maintain the capacity of a public safety agency or other organization to be better prepared, equipped, and trained to respond to natural catastrophes. (B) Citizen and community preparedness For citizen and community preparedness, which shall include programs and initiatives, such as those offered by the American Red Cross, to improve education and training to ensure that citizens and organizations in their community are better prepared for natural catastrophes. (C) Prevention and mitigation For prevention and mitigation of loss from natural catastrophes, which shall include methods to reduce loss of life and property, including appropriate measures to— (i) encourage awareness of the risk factors and what steps can be taken to eliminate or reduce them; (ii) identify location of risks, by giving careful consideration to the natural risks for the location of the property and providing that information to the builder, developer and homeowner; and (iii) provide for construction relative to the risk and hazards, including— (I) establishment and adoption of State, or locally mandated building codes, as amended by the governing body; (II) adequate enforcement of the building codes; and (III) focusing on prevention and mitigation for existing homes, with an emphasis on how structures can be retrofitted cost-effectively to make them compliant with building codes. (g) Continuous improvement, coordination and integration The National Commission on Natural Catastrophe Preparation and Protection established under section 101 shall work with eligible State plans and the Committee to continuously improve, coordinate, and integrate catastrophe readiness, citizen and community preparedness, and loss prevention and mitigation at the local, State, regional, and national levels. | https://www.govinfo.gov/content/pkg/BILLS-113hr1101ih/xml/BILLS-113hr1101ih.xml |
113-hr-1102 | I 113th CONGRESS 1st Session H. R. 1102 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Welch (for himself, Ms. Castor of Florida , Mr. Cicilline , Mr. Conyers , Mr. Ellison , Mr. Clay , Ms. Moore , Ms. Slaughter , Mr. Yarmuth , Mr. Michaud , and Ms. Schakowsky ) 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 D of title XVIII of the Social Security Act to require the Secretary of Health and Human Services to negotiate covered part D drug prices on behalf of Medicare beneficiaries.
1. Short title This Act may be cited as the Medicare Prescription Drug Price Negotiation Act of 2013 . 2. Negotiation of lower covered part D drug prices on behalf of medicare beneficiaries (a) Negotiation by secretary Section 1860D–11 of the Social Security Act ( 42 U.S.C. 1395w–111 ) is amended by striking subsection (i) (relating to noninterference) and inserting the following: (i) Negotiation of Lower Drug Prices (1) In general Notwithstanding any other provision of law, the Secretary shall negotiate with pharmaceutical manufacturers the prices (including discounts, rebates, and other price concessions) that may be charged to PDP sponsors and MA organizations for covered part D drugs for part D eligible individuals who are enrolled under a prescription drug plan or under an MA–PD plan. (2) No change in rules for formularies (A) In general Nothing in paragraph (1) shall be construed to authorize the Secretary to establish or require a particular formulary. (B) Construction Subparagraph (A) shall not be construed as affecting the Secretary's authority to ensure appropriate and adequate access to covered part D drugs under prescription drug plans and under MA–PD plans, including compliance of such plans with formulary requirements under section 1860D–4(b)(3). (3) Construction Nothing in this subsection shall be construed as preventing the sponsor of a prescription drug plan, or an organization offering an MA–PD plan, from obtaining a discount or reduction of the price for a covered part D drug below the price negotiated under paragraph (1). (4) Semi-annual reports to congress Not later than June 1, 2014, and every 6 months thereafter, the Secretary shall submit to the Committees on Ways and Means, Energy and Commerce, and Oversight and Government Reform of the House of Representatives and the Committee on Finance of the Senate a report on negotiations conducted by the Secretary to achieve lower prices for Medicare beneficiaries, and the prices and price discounts achieved by the Secretary as a result of such negotiations. . (b) Effective date The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall first apply to negotiations and prices for plan years beginning on January 1, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr1102ih/xml/BILLS-113hr1102ih.xml |
113-hr-1103 | I 113th CONGRESS 1st Session H. R. 1103 IN THE HOUSE OF REPRESENTATIVES March 12, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Alaska Native Claims Settlement Act to provide that Alexander Creek, Alaska, is and shall be recognized as an eligible Native village under that Act, and for other purposes.
1. Alexander Creek Village recognition The Alaska Native Claims Settlement Act ( 43 U.S.C. 1601 et seq. ) is amended by adding at the end the following: 43. Alexander Creek Village recognition (a) Recognition of the village of Alexander Creek Subject to the limitations of this section and notwithstanding section 1432(d) of the Alaska National Interest Lands Conservation Act ( Public Law 96–487 ) and any conveyance or agreement in furtherance thereof or thereto, to the contrary, Alexander Creek, located within Township 15N, Range 7W, Seward Meridian, Alaska, is and shall be recognized as an eligible Native village under section 11(b)(3) of this Act. (b) Definitions For the purposes of this section, the following terms apply: (1) The term agency includes— (A) any instrumentality of the United States; (B) any element of an agency; and (C) any wholly owned or mixed-owned corporation of the United States Government identified in chapter 91 of title 31, United States Code. (2) The term Alexander Creek means Alexander Creek, Incorporated, an Alaska Native Group corporation organized pursuant to this Act prior to the enactment of this section, but subsequent to enactment of this section means Alexander Creek, Incorporated, an Alaska Native Village corporation recognized and organized pursuant to section (a). (3) The term Region means Cook Inlet Region Incorporated, an Alaska Native Regional Corporation, which is the appropriate Regional Corporation for Alexander Creek under section 1613(h) of this Act. (c) Organization of Alexander Creek As soon as practicable after enactment of this section, Alexander Creek shall cause to be filed— (1) any amendments to its corporate charter in the State of Alaska necessary to convert from a Native group to a Native Village corporation; and (2) if necessary, any amendments to its corporate charter and governing business documents that fulfill the terms of the agreement authorized under this Act. (d) Negotiations (1) Authority and direction to negotiate Not later than 30 days after the date of enactment of this section, the Secretary shall open discussions and subsequently negotiate and, in the Secretary’s sole discretion on behalf of the United States, enter into an agreement within one year of enactment of this section, with Alexander Creek to fairly and equitably settle aboriginal land claims and any other claims of Alexander Creek against the United States; and such agreement with Alexander Creek shall be in approximate value parity with those of other Alaska Native Village Corporations, notwithstanding Alexander Creek’s prior status as a Group Corporation. (2) Funds for settlement A settlement reached under this subsection shall not be subject to the Indian Tribal Judgment Funds Use or Distribution Act ( 25 U.S.C. 1401 ), unless subsequently authorized by law. (e) Shareholder participation Alexander Creek shall notify each member of the Native village recognized under this section that, upon the effective date of this section, such members shall cease to receive benefits from the Region as at-large shareholders pursuant to section 7(m), and that all future resource payments from the Region shall be made to the Village Corporation pursuant to section 7(j). The Region shall not be liable under any State, Federal, or local law, or under State or Federal common law, for damages arising out of or related to the cessation of payments to such individuals under section 7(m) pursuant to this section. (f) Construction Except as provided in this section with respect to Alexander Creek, nothing in this section shall be construed to modify or amend land conveyance entitlements or conveyance agreements between the Region and village corporations other than Alexander Creek in such region, nor between the Region and the Federal Government, nor between any such parties and the State of Alaska. (g) Construction regarding current Alexander Creek land Nothing in this section shall be construed to reduce the land entitlement to which Alexander Creek became entitled as a Group Corporation, including the land selected by and conveyed to Alexander Creek at the time of enactment of this section. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1103ih/xml/BILLS-113hr1103ih.xml |
113-hr-1104 | I 113th CONGRESS 1st Session H. R. 1104 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Clay (for himself, Mr. Cummings , and Mr. Connolly ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Federal Advisory Committee Act to increase the transparency of Federal advisory committees, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Federal Advisory Committee Act Amendments 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. Ensuring independent advice and expertise. Sec. 3. Preventing efforts to circumvent the Federal Advisory Committee Act and public disclosure. Sec. 4. Increasing transparency of advisory committees. Sec. 5. Managing Federal advisory committees. Sec. 6. Comptroller General review and reports. Sec. 7. Application of Federal Advisory Committee Act to Trade Advisory Committees. Sec. 8. Definitions. Sec. 9. Technical and conforming amendments. Sec. 10. Effective date. 2. Ensuring independent advice and expertise (a) Bar on political litmus tests Section 9 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended— (1) in the section heading, by inserting membership; after advisory committees; ; (2) by redesignating subsections (b) and (c) as subsections (e) and (f), respectively; and (3) by inserting after subsection (a) the following: (b) Appointments made without regard to political affiliation or activity All appointments to advisory committees shall be made without regard to political affiliation or political activity, unless required by Federal statute. . (b) Minimizing conflicts of interest Section 9 of the Federal Advisory Committee Act (5 U.S.C. App.) is further amended by inserting after subsection (b) (as added by subsection (a)) the following: (c) Public Nominations of Committee Members Prior to appointing members to an advisory committee, the head of an agency shall give interested persons an opportunity to suggest potential committee members. The agency shall include a request for comments in the Federal Register notice required under subsection (a) and provide a mechanism for interested persons to comment through the official website of the agency. The agency shall consider any comments submitted under this subsection in selecting the members of an advisory committee. (d) Designation of Committee Members (1) An individual appointed to an advisory committee who is not a full-time or permanent part-time officer or employee of the Federal Government shall be designated as— (A) a special Government employee, if the individual is providing advice based on the individual’s expertise or experience; or (B) a representative, if the individual is representing the views of an entity or entities outside of the Federal Government. (2) An agency may not designate committee members as representatives to avoid subjecting them to Federal ethics rules and requirements. (3) The designated agency ethics official for each agency shall review the members of each advisory committee that reports to the agency to determine whether each member’s designation is appropriate, and to redesignate members if appropriate. The designated agency ethics official shall certify to the head of the agency that such review has been made— (A) following the initial appointment of members; and (B) at the time a committee’s charter is renewed, or, in the case of a committee with an indefinite charter, every 2 years. (4) The head of each agency shall inform each individual appointed to an advisory committee that reports to the agency whether the individual is appointed as a special Government employee or as a representative. The agency head shall provide each committee member with an explanation of the differences between special Government employees and representatives and a summary of applicable ethics requirements. The agency head, acting through the designated agency ethics official, shall obtain signed and dated written confirmation from each committee member that the member received and reviewed the information required by this paragraph. (5) The Director of the Office of Government Ethics shall provide guidance to agencies on what to include in the summary of ethics requirements required by paragraph (4). (6) The head of each agency shall, to the extent practicable, develop and implement strategies to minimize the need for written determinations under section 208(b)(3) of title 18, United States Code. Strategies may include such efforts as improving outreach efforts to potential committee members and seeking public input on potential committee members. . (c) Regulations implementing FACA Section 7(c) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by inserting promulgate regulations and after The Administrator shall . (d) Ensuring independent advice and recommendations The Federal Advisory Committee Act (5 U.S.C. App.) is amended— (1) in section 8— (A) in the section heading, by inserting independent advice and recommendations; after responsibilities of agency heads; ; (B) by redesignating subsection (b) as subsection (c); and (C) by inserting after subsection (a) the following: (b) The head of each agency shall ensure that advice and recommendations of an advisory committee that reports to the agency are the result of the advisory committee’s judgment, independent from the agency. Each advisory committee shall include a statement describing the process used by the advisory committee in formulating the advice and recommendations when they are transmitted to the agency. ; and (2) in section 10— (A) in the section heading, by inserting ; chair after attendance ; and (B) by inserting after subsection (f) the following new subsection: (g) The Chair shall not be an employee of the agency to which the advisory committee reports, unless directed to chair a meeting by the head of the agency. . 3. Preventing efforts to circumvent the Federal Advisory Committee Act and public disclosure (a) De facto members Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end the following new subsection: (d) Treatment of individual as member An individual who is not a full-time or permanent part-time officer or employee of the Federal Government shall be regarded as a member of a committee if the individual regularly attends and participates in committee meetings as if the individual were a member, even if the individual does not have the right to vote or veto the advice or recommendations of the advisory committee. . (b) Subcommittees Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by striking subsection (a) and inserting the following: (a) Application The provisions of this Act or of any rule, order, or regulation promulgated under this Act shall apply to each advisory committee, including any subcommittee or subgroup thereof, except to the extent that any Act of Congress establishing any such advisory committee specifically provides otherwise. Any subcommittee or subgroup that reports to a parent committee established under section 9(a) is not required to comply with section 9(f). In this subsection, the term subgroup includes any working group, task force, or other entity formed for the purpose of assisting the committee or any subcommittee of the committee in its work. . (c) Committees created under contract Section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended in the matter following subparagraph (C) by adding at the end the following: An advisory committee is considered to be established by an agency, agencies, or the President if it is formed, created, or organized under contract, other transactional authority, cooperative agreement, grant, or otherwise at the request or direction of an agency, agencies, or the President. . (d) Advisory committees containing special Government employees Section 4 of the Federal Advisory Committee Act (5 U.S.C. App.), as amended by subsections (a) and (b) of this section, is further amended by adding at the end the following new subsection: (e) Special Government employees Committee members appointed as special Government employees shall not be considered full-time or permanent part-time officers or employees of the Federal Government for purposes of determining the applicability of this Act under section 3(2). . 4. Increasing transparency of advisory committees (a) Information requirement Section 11 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended to read as follows: 11. Disclosure of information (a) In general With respect to each advisory committee, the head of the agency to which the advisory committee reports shall make publicly available in accordance with subsection (b) the following information: (1) The charter of the advisory committee. (2) A description of the process used to establish and appoint the members of the advisory committee, including the following: (A) The process for identifying prospective members. (B) The process of selecting members for balance of viewpoints or expertise. (C) The reason each member was appointed to the committee. (D) A justification of the need for representative members, if any. (3) A list of all current members, including, for each member, the following: (A) The name of any person or entity that nominated the member. (B) Whether the member is designated as a special Government employee or a representative. (C) In the case of a representative, the individuals or entity whose viewpoint the member represents. (4) A list of all members designated as special Government employees for whom written certifications were made under section 208(b) of title 18, United States Code, a copy of each such certification, a summary description of the conflict necessitating the certification, and the reason for granting the certification. (5) Any recusal agreement made by a member or any recusal known to the agency that occurs during the course of a meeting or other work of the committee. (6) A summary of the process used by the advisory committee for making decisions. (7) Detailed minutes of all meetings of the committee and a description of committee efforts to make meetings accessible to the public using online technologies (such as video recordings) or other techniques (such as audio recordings). (8) Any written determination by the President or the head of the agency to which the advisory committee reports, pursuant to section 10(d), to close a meeting or any portion of a meeting and the reasons for such determination. (9) Notices of future meetings of the committee. (10) Any additional information considered relevant by the head of the agency to which the advisory committee reports. (b) Manner of disclosure (1) In general Except as provided in paragraph (2), the head of an agency shall make the information required to be disclosed under this section available electronically on the official public website of the agency and to the Administrator at least 15 calendar days before each meeting of an advisory committee. If the head of the agency determines that such timing is not practicable for any required information, such head shall make the information available as soon as practicable but no later than 48 hours before the next meeting of the committee. An agency may withhold from disclosure any information that would be exempt from disclosure under section 552 of title 5, United States Code. (2) Website availability The head of an agency shall make available electronically, on the official public website of the agency, detailed minutes and, to the extent available, a transcript or audio or video recording of each advisory committee meeting not later than 30 calendar days after such meeting. (3) Grant reviews In the case of grant reviews, disclosure of information required by subsection (a)(3) may be provided in the aggregate rather than by individual grant. (c) Provision of information by Administrator of General Services The Administrator of General Services shall provide, on the official public website of the General Services Administration, electronic access to the information made available by each agency under this section. (d) Availability of meeting materials Except where prohibited by contractual agreements entered into prior to the effective date of this Act, agencies and advisory committees shall make available to any person, at actual cost of duplication, copies of advisory committee meeting materials. . (b) Charter filing Subsection (f) of section 9 of the Federal Advisory Committee Act (5 U.S.C. App.), as redesignated by section 2(a), is amended to read as follows: (f) No advisory committee shall meet or take any action until an advisory committee charter has been filed with the Administrator, the head of the agency to whom any advisory committee reports, and the standing committees of the Senate and of the House of Representatives having legislative jurisdiction of such agency. Such charter shall contain the following information in the following order: (1) The committee’s official designation. (2) The authority under which the committee is established. (3) The committee’s objectives and the scope of its activity. (4) A description of the duties for which the committee is responsible, and, if such duties are not solely advisory, a specification of the authority for such functions. (5) The agency or official to whom the committee reports. (6) The agency responsible for providing the necessary support for the committee. (7) The responsibilities of the officer or employee of the Federal Government designated under section 10(e). (8) The estimated number and frequency of committee meetings. (9) The period of time necessary for the committee to carry out its purposes. (10) The committee’s termination date, if less than two years from the date of the committee’s establishment. (11) The estimated number of members and a description of the expertise needed to carry out the objectives of the committee. (12) A description of whether the committee will be composed of special Government employees, representatives, or members from both categories. (13) Whether the agency intends to create subcommittees and if so, the agency official authorized to exercise such authority. (14) The estimated annual operating costs in dollars and full-time equivalent positions for such committee. (15) The recordkeeping requirements of the committee. (16) The date the charter is filed. A copy of any such charter shall also be furnished to the Library of Congress. . 5. Managing Federal advisory committees (a) Committee management officers Subsection (c) of section 8 of the Federal Advisory Committee Act (5 U.S.C. App.), as redesignated by section 2(d), is amended to read as follows: (c) The head of each agency that has an advisory committee shall designate an Advisory Committee Management Officer who shall— (1) be a senior official who is— (A) an expert in implementing the requirements of this Act and regulations promulgated pursuant to this Act; and (B) the primary point of contact for the General Services Administration; (2) be responsible for the establishment, management, and supervision of the advisory committees of the agency, including establishing procedures, performance measures, and outcomes for such committees; (3) assemble and maintain the reports, records, and other papers (including advisory committee meeting materials) of any such committee during its existence; (4) ensure any such committee and corresponding agency staff adhere to the provisions of this Act and any regulations promulgated pursuant to this Act; (5) maintain records on each employee of any such committee and completion of training required for any such employee; (6) be responsible for providing the information required in section 7(b) of this Act to the Administrator; and (7) carry out, on behalf of that agency, the provisions of section 552 of title 5, United States Code, with respect to the reports, records, and other papers described in paragraph (3). . 6. Comptroller General review and reports (a) Review The Comptroller General of the United States shall review compliance by agencies with the Federal Advisory Committee Act, as amended by this Act, including whether agencies are appropriately appointing advisory committee members as either special Government employees or representatives. (b) Report The Comptroller General shall submit to the committees described in subsection (c) two reports on the results of the review, as follows: (1) The first report shall be submitted not later than one year after the date of promulgation of regulations under section 7(c) of the Federal Advisory Committee Act (5 U.S.C. App.), as amended by section 2(c). (2) The second report shall be submitted not later than five years after such date of promulgation of regulations. (c) Committees The committees described in this subsection are the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate. 7. Application of Federal Advisory Committee Act to Trade Advisory Committees Section 135(f)(2)(A) of the Trade Act of 1974 ( 19 U.S.C. 2155(f)(2)(A) ) is amended by striking subsections (a) and (b) of sections 10 and 11 of the Federal Advisory Committee Act and inserting subsections (a) and (b) of section 10 and subsections (a)(7), (a)(8), (a)(9), (b)(2), and (d) of section 11 of the Federal Advisory Committee Act . 8. Definitions Section 3 of the Federal Advisory Committee Act (5 U.S.C. App.) is amended by adding at the end the following new paragraph: (5) The term special Government employee has the same meaning as in section 202(a) of title 18, United States Code. . 9. Technical and conforming amendments Section 7(d)(1) of the Federal Advisory Committee Act (5 U.S.C. App.) is amended— (1) in subparagraph (A), by striking the rate specified for GS–18 of the General Schedule under section 5332 and inserting the rate for level IV of the Executive Schedule under section 5315 ; and (2) in subparagraph (C)(i), by striking handicapped individuals (within the meaning of section 501 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 )) and inserting individuals with disabilities (as defined in section 7(20) of the Rehabilitation Act of 1973 ( 29 U.S.C. 705(20) )) . 10. Effective date This Act shall take effect 30 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1104ih/xml/BILLS-113hr1104ih.xml |
113-hr-1105 | I 113th CONGRESS 1st Session H. R. 1105 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Hurt (for himself, Mr. Cooper , Mr. Himes , and Mr. Garrett ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Investment Advisers Act of 1940 to provide a registration exemption for private equity fund advisers, and for other purposes.
1. Short title This Act may be cited as the Small Business Capital Access and Job Preservation Act . 2. Registration and reporting exemptions relating to private equity funds advisors Section 203 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3 ) is amended by adding at the end the following: (o) Exemption of and reporting requirements by private equity funds advisors (1) In general Except as provided in this subsection, no investment adviser shall be subject to the registration or reporting requirements of this title with respect to the provision of investment advice relating to a private equity fund or funds, provided that each such fund has not borrowed and does not have outstanding a principal amount in excess of twice its invested capital commitments. (2) Maintenance of records and access by Commission Not later than 6 months after the date of enactment of this subsection, the Commission shall issue final rules— (A) to require investment advisers described in paragraph (1) to maintain such records and provide to the Commission such annual or other reports as the Commission taking into account fund size, governance, investment strategy, risk, and other factors, as the Commission determines necessary and appropriate in the public interest and for the protection of investors; and (B) to define the term private equity fund for purposes of this subsection. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1105ih/xml/BILLS-113hr1105ih.xml |
113-hr-1106 | I 113th CONGRESS 1st Session H. R. 1106 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Chabot (for himself, Ms. Kuster , Ms. Chu , Mrs. Ellmers , and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Investment Act of 1958 to provide for increased limitations on leverage for multiple licenses under common control, and for other purposes.
1. Short title This Act may be cited as the Small Business Investment Company Modernization Act of 2013 . 2. In general Section 303(b)(2)(B) of the Small Business Investment Act of 1958 ( 15 U.S.C. 683(b)(2)(B) ) is amended by striking $225,000,000 and inserting $350,000,000 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1106ih/xml/BILLS-113hr1106ih.xml |
113-hr-1107 | I 113th CONGRESS 1st Session H. R. 1107 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. McNerney introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To provide for the establishment of a grant program to assist State and local governments to install solar energy systems.
1. Short title This Act may be cited as the Solar Energy Deployment Act of 2013 . 2. Definitions In this Act: (1) Qualifying solar equipment The term qualifying solar equipment means property described in clause (i) or (ii) of section 48(a)(3)(A) of the Internal Revenue Code of 1986. (2) Secretary The term Secretary means the Secretary of Energy. (3) State and local governments The term State and local governments includes municipalities, counties, transit agencies, school districts, water districts, Indian tribes, and territories. Such term does not include an entity eligible for a credit allowed under section 48 of the Internal Revenue Code of 1986 with respect to qualifying solar equipment. 3. Solar energy grant program (a) Establishment The Secretary shall establish a program to award grants, on a competitive basis, to State and local governments for the design, purchase, and installation of qualifying solar equipment on rooftops or parking structures owned by the State or local government. (b) Competitive criteria In determining which State and local governments to award grants to under this section, the Secretary shall consider— (1) the speed with which solar energy systems can be deployed; (2) the total amount of solar energy to be deployed; (3) the financial need of the State or local government; (4) the use of best practices to ensure maximum efficiency of deployed systems; (5) the use of materials and components that are manufactured in the United States; and (6) other criteria the Secretary considers relevant. 4. Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this Act $150,000,000 for each of the fiscal years 2014 through 2018. | https://www.govinfo.gov/content/pkg/BILLS-113hr1107ih/xml/BILLS-113hr1107ih.xml |
113-hr-1108 | I 113th CONGRESS 1st Session H. R. 1108 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Cuellar (for himself, Mr. McCaul , Mr. Vela , Mr. O’Rourke , Mr. Gallego , and Mr. Farenthold ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Transportation and Infrastructure and the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for alternative financing arrangements for the provision of certain services and the construction and maintenance of infrastructure at land border ports of entry, and for other purposes.
1. Short title This Act may be cited as the Cross-Border Trade Enhancement Act of 2013 . 2. Definitions In this Act: (1) Administrator; Administration The terms Administrator and Administration mean the Administrator of General Services and the General Services Administration, respectively. (2) Person The term person means— (A) an individual; or (B) a corporation, partnership, trust, association, or any other public or private entity, including a State or local government. (3) Secretary The term Secretary means the Secretary of Homeland Security. 3. Authority to enter into agreements for the provision of certain services at land border ports of entry (a) Authority To enter into agreements (1) In general Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the Secretary may, during the 10-year period beginning on the date of the enactment of this Act and upon the request of any person, enter into an agreement with that person under which— (A) U.S. Customs and Border Protection will provide services described in paragraph (2) at a land border port of entry; and (B) that person will pay a fee imposed under subsection (b) to reimburse U.S. Customs and Border Protection for the costs incurred in providing such services. (2) Services described Services described in this paragraph are any services related to customs and immigration matters provided by an employee or contractor of U.S. Customs and Border Protection at land border ports of entry. (3) Limitation Nothing in this paragraph may be construed to reduce the responsibilities or duties of U.S. Customs and Border Protection to provide services at land border ports of entry that have been authorized or mandated by law and are funded in any appropriation Act or from any accounts in the Treasury of the United States derived by the collection of fees. (b) Fee (1) In general The Secretary shall impose a fee on a person requesting the provision of services by U.S. Customs and Border Protection pursuant to an agreement entered into under subsection (a) to reimburse U.S. Customs and Border Protection for the costs of providing such services, including— (A) the salaries and expenses of the employees or contractors of U.S. Customs and Border Protection that provide such services and temporary placement or relocation costs for those employees or contractors; and (B) any other costs incurred by U.S. Customs and Border Protection in providing services pursuant to agreements entered into under subsection (a). (2) Failure to pay fee U.S. Customs and Border Protection shall terminate the provision of services pursuant to an agreement entered into under subsection (a) with a person that, after receiving notice from the Secretary that a fee imposed under paragraph (1) is due, fails to pay the fee in a timely manner. (3) Receipts credited as offsetting collections Notwithstanding section 3302 of title 31, United States Code, a fee collected under paragraph (1) pursuant to an agreement entered into under subsection (a) shall— (A) be credited as an offsetting collection to the account that finances the salaries and expenses of U.S. Customs and Border Protection; (B) be available for expenditure only to pay the costs of providing services pursuant to that agreement; and (C) remain available until expended without fiscal year limitation. 4. Evaluation of alternative financing arrangements for construction and maintenance of infrastructure at land border ports of entry (a) In general Not later than 180 days after the date of the enactment of this Act, the Administrator shall establish procedures for evaluating a proposal submitted by any person to— (1) enter into a cost-sharing or reimbursement agreement with the Administration to facilitate the construction or maintenance of a facility or other infrastructure at a land border port of entry; or (2) provide to the Administration an unconditional gift of property pursuant to section 3175 of title 40, United States Code, to be used in the construction or maintenance of a facility or other infrastructure at a land border port of entry. (b) Requirements The procedures established under subsection (a) shall provide, at a minimum, for the following: (1) Not later than 90 days after receiving a proposal pursuant to subsection (a) with respect to the construction or maintenance of a facility or other infrastructure at a land border port of entry, the Administrator shall— (A) make a determination with respect to whether or not to approve the proposal; and (B) notify the person that submitted the proposal of— (i) the determination; and (ii) if the Administrator did not approve the proposal, the reasons for the determination. (2) In determining whether or not to approve such a proposal, the Administrator shall consider— (A) the impact of the proposal on reducing wait times at that port of entry and other ports of entry on the same border; (B) the potential of the proposal to increase trade and travel efficiency through added capacity; and (C) the potential of the proposal to enhance the security of the port of entry. | https://www.govinfo.gov/content/pkg/BILLS-113hr1108ih/xml/BILLS-113hr1108ih.xml |
113-hr-1109 | I 113th CONGRESS 1st Session H. R. 1109 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to require cost or price to the Federal Government be given at least equal importance as technical or other criteria in evaluating competitive proposals for defense contracts.
1. Requirement that cost or price to the Federal Government be given at least equal importance as technical or other criteria in evaluating competitive proposals for defense contracts (a) Requirement Subparagraph (A) of section 2305(a)(3) of title 10, United States Code, is amended by striking proposals; and at the end of clause (ii) and all that follows through the end of the subparagraph and inserting the following: proposals and that must be assigned importance at least equal to all evaluation factors other than cost or price when combined. . (b) Waiver Section 2305(a)(3) of such title is further amended by striking subparagraph (B) and inserting the following: (B) The requirement of subparagraph (A)(ii) relating to assigning at least equal importance to evaluation factors of cost or price may be waived by the head of the agency. The authority to issue a waiver under this subparagraph may not be delegated. . (c) Report Section 2305(a)(3) of such title is further amended by adding at the end the following new subparagraph: (C) Not later than 180 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress, and post on a publicly available website of the Department of Defense, a report containing a list of each waiver issued by the head of an agency under subparagraph (B) during the preceding fiscal year. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1109ih/xml/BILLS-113hr1109ih.xml |
113-hr-1110 | I 113th CONGRESS 1st Session H. R. 1110 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Pierluisi (for himself, Mrs. Christensen , Mr. Serrano , Mr. Faleomavaega , and Ms. Bordallo ) introduced the following bill; which was referred to the Committee on Science, Space, and Technology A BILL To amend the Tsunami Warning and Education Act to direct the Administrator of the National Oceanic and Atmospheric Administration, through the National Weather Service, to establish, maintain, and operate an additional tsunami forecast and warning center for the improvement of the evaluation of tsunami risk to, and the dissemination of forecasts and tsunami warning bulletins for, the public in Puerto Rico and the United States Virgin Islands.
1. Short title This Act may be cited as the Tsunami Forecasting and Warning Improvement Act of 2013 . 2. Improvement of Tsunami Forecasting and Warning Program (a) In general Section 4(d)(1) of the Tsunami Warning and Education Act ( 33 U.S.C. 3203(d)(1) ) is amended— (1) in subparagraph (B) by striking and after the semicolon; (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: (C) a Caribbean Tsunami Warning Center in Puerto Rico; and . (b) Effective date The amendments in subsection (a) shall apply 90 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1110ih/xml/BILLS-113hr1110ih.xml |
113-hr-1111 | I 113th CONGRESS 1st Session H. R. 1111 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Grayson 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 impose a 500 percent excise tax on corporate contributions to political committees and on corporate expenditures on political advocacy campaigns.
1. Short title This Act may be cited as the Business Should Mind Its Own Business Act . 2. Excise tax on corporate contributions to political committees and on corporate expenditures on political advocacy campaigns (a) In general Chapter 36 of the Internal Revenue Code of 1986 (relating to certain other excise taxes) is amended by adding at the end the following new subchapter: E Certain corporate political activities Sec. 4491. Corporate contributions to political committees and corporate expenditures on political advocacy campaigns. 4491. Corporate contributions to political committees and corporate expenditures on political advocacy campaigns (a) In general In the case of a corporation, there is hereby imposed a tax equal to 500 percent of the aggregate of the following amounts: (1) The amount of contributions (as defined in section 301 of the Federal Election Campaign Act of 1971) made during the taxable year. (2) The amount paid for an electioneering communication described in section 304(f)(3) of such Act. (b) Certain determinations disregarded For purposes of this section, any court determination that such Act does not apply to one or more corporations shall be disregarded. . (b) Denial of income tax deduction Subsection (a) of section 275 of such Code is amended by inserting after paragraph (6) the following new paragraph: (7) Taxes imposed by section 4491 (relating to corporate contributions to political committees and corporate expenditures on political advocacy campaigns). . (c) Clerical amendment The table of subchapters for chapter 36 of such Code is amended by adding at the end the following new item: Subchapter E. Certain corporate political activities . (d) Effective date The amendments made by this section shall apply to amounts paid after the date of the enactment of this Act in taxable years ending after such date. | https://www.govinfo.gov/content/pkg/BILLS-113hr1111ih/xml/BILLS-113hr1111ih.xml |
113-hr-1112 | I 113th CONGRESS 1st Session H. R. 1112 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Financial Services A BILL To direct the Securities and Exchange Commission to revise its reporting requirements to require public companies to report certain expenditures made to influence public opinion on any matter other than the promotion of the company’s products or services.
1. Short title This Act may be cited as the Corporate Propaganda Sunshine Act . 2. Reporting of expenditures Not later than 30 days after the date of enactment of this Act, the Securities and Exchange Commission shall revise its regulations issued pursuant to sections 13 and 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m and 78 o (d)) to require that issuers include in the reports required under those sections any expenditure or series of expenditures of the issuer totaling $1,000 or more made for the purpose of influencing public opinion on any matter other than the promotion of the issuer’s products or services. Such disclosures shall include the date, amount, and purpose of the expenditure and identify (by name, address, and phone number) the person to whom it was made. | https://www.govinfo.gov/content/pkg/BILLS-113hr1112ih/xml/BILLS-113hr1112ih.xml |
113-hr-1113 | I 113th CONGRESS 1st Session H. R. 1113 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on the Judiciary A BILL To make the antitrust laws applicable to a political committee under the Federal Election Campaign Act of 1971 which is established and administered by a separate segregated fund of a corporation pursuant to section 316(b)(2)(C) of such Act.
1. Application of antitrust laws to corporate PACs The antitrust laws shall apply to a political committee under the Federal Election Campaign Act of 1971 which is established and administered by a separate segregated fund of a corporation pursuant to section 316(b)(2)(C) of such Act, and in accordance with such laws, a political committee for multiple legal entities in the same business shall be prohibited. 2. Definition For purposes of this Act, the term antitrust laws has the meaning given such term in 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. | https://www.govinfo.gov/content/pkg/BILLS-113hr1113ih/xml/BILLS-113hr1113ih.xml |
113-hr-1114 | I 113th CONGRESS 1st Session H. R. 1114 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to extend the ban on the making of contributions by certain government contractors to other for-profit recipients of Federal funds, to limit the amount of contributions the employees of for-profit recipients of Federal funds may make during any calendar year in which such funds are provided, and for other purposes.
1. Short Title This Act may be cited as the End Political Kickbacks Act of 2013 . 2. Extension of Government Contractor Contribution Ban to For-Profit Recipients of Federal Funds (a) In General Section 317 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441c ) is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d); and (2) by inserting after subsection (a) the following new subsection: (b) It shall be unlawful— (1) for any for-profit entity which receives Federal funds, during the period which begins on the date on which the entity applies to receive such funds and ends on the later of the date on which the entity’s application for such funds is rejected or the last date on which such funds are paid to the entity, to make any contribution of money or other thing of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use; or (2) for any person knowingly to solicit any such contribution from any such entity, or for any such entity knowingly to solicit any such contribution from any of its employees, during such period. . (b) Limitation on Amount of Contributions by Employees of Recipients (1) In general Section 315 of such Act ( 2 U.S.C. 441a ) is amended— (A) in subsection (a), by striking subsection (i) and inserting subsections (i) and (k) ; and (B) by adding at the end the following new subsection: (k) Special Rule for Employees of For-Profit Entities Receiving Federal Funds An individual who is an employee of a for-profit entity which receives Federal funds during a calendar year may not make contributions aggregating more than $1,000 during that calendar year. . (2) Indexing of amount for inflation Section 315(c) of such Act (2 U.S.C. 441a(c)) is amended— (A) in paragraph (1)(B)(i), by striking or (h) and inserting (h), or (k) ; and (B) in paragraph (2)(B)— (i) by striking and at the end of clause (i), (ii) by striking the period at the end of clause (ii) and inserting ; and , and (iii) by adding at the end the following new clause: (iii) for purposes of subsection (k), calendar year 2014. . (c) Effective Date The amendments made by this section shall apply with respect to contributions made on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1114ih/xml/BILLS-113hr1114ih.xml |
113-hr-1115 | I 113th CONGRESS 1st Session H. R. 1115 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Securities Exchange Act of 1934 to prohibit any national securities exchange from effecting any transaction in a security issued by a corporation unless the corporation’s registration with the exchange includes a certification that the corporation currently is in compliance with the provisions of the Federal Election Campaign Act of 1971 governing contributions and expenditures by corporations which were in effect with respect to elections held during 2008.
1. Prohibiting Transactions on National Securities Exchanges in Securities of Corporations Not Certifying Compliance with Existing Rules Governing Political Contributions and Expenditures (a) Registration Section 12(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(b) ) is amended by adding at the end the following new paragraph: (4) If the issuer is a corporation, a statement certifying that the issuer is in compliance with section 316 of the Federal Election Campaign Act of 1971 with respect to contributions and expenditures made by the corporation in the most recent quarter and year, as such section applied with respect to elections held in 2008. . (b) Periodic reports Section 13(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m(a) ) is amended— (1) at the end of paragraph (1), by striking the period and inserting a semicolon; (2) at the end of paragraph (2), by striking the period and inserting ; and ; and (3) by adding at the end the following: (3) the statement required under section 12(b)(4). . (c) Effective Date The amendments made by this Act shall apply with respect to transactions effected on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1115ih/xml/BILLS-113hr1115ih.xml |
113-hr-1116 | I 113th CONGRESS 1st Session H. R. 1116 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Financial Services A BILL To require the approval of a majority of a public company’s shareholders for any expenditure by that company to influence public opinion on matters not related to the company’s products or services.
1. Short title This Act may be cited as the End the Hijacking of Shareholder Funds Act . 2. Shareholder approval for certain expenditures Any expenditure by a public company to influence public opinion on matters not related to the company’s products or services that has not been approved by a majority of the votes cast by shareholders to approve or disapprove such expenditure shall be considered a breach of a fiduciary duty of the officers and directors who authorized such an expenditure. The officers and directors who authorize such an expenditure without first obtaining such approval of shareholders shall be jointly and severally liable in any action brought in any court of competent jurisdiction to any shareholder or class of shareholders for the amount of such expenditure. 3. Definitions As used in this Act— (1) the term public company means any issuer that is required to submit periodical or other reports under section 13 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m ); and (2) the term shareholder means any person who owns or holds a share of stock in a public company. | https://www.govinfo.gov/content/pkg/BILLS-113hr1116ih/xml/BILLS-113hr1116ih.xml |
113-hr-1117 | I 113th CONGRESS 1st Session H. R. 1117 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to apply the ban on contributions and expenditures by foreign nationals to domestic corporations in which foreign principals have an ownership interest.
1. Short Title; Findings (a) Short Title This Act may be cited as the America is for Americans Act . (b) Findings Congress finds the following: (1) The Government has a compelling interest in preventing foreign individuals and associations from influencing our Nation's political process. Such entities neither enjoy nor deserve any legal or constitutional right to such influence. (2) The presence of foreign individuals or associations within domestic associations, to any degree, creates an unacceptable risk of foreign influence over our Nation's political process. (3) The law does not allow foreign individuals and associations to vote in our elections; by the same token, the law should not allow them to exercise any influence over our Nation's political process, directly or indirectly, and neither personally nor in alliance or combination with others. 2. Application of Ban on Contributions and Expenditures by Foreign Nationals to Domestic Corporations With Foreign Ownership Section 319(b) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441e(b) ) is amended— (1) by striking or at the end of paragraph (1); (2) by striking the period at the end of paragraph (2) and inserting ; or ; and (3) by adding at the end the following new paragraph: (3) a corporation (other than a foreign principal, as so defined) in which one or more foreign principals directly or indirectly has an ownership interest. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1117ih/xml/BILLS-113hr1117ih.xml |
113-hr-1118 | I 113th CONGRESS 1st Session H. R. 1118 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Federal Election Campaign Act of 1971 to prohibit corporations which employ or retain registered lobbyists from making expenditures or disbursements for electioneering communications under such Act, and for other purposes.
1. Short Title; Findings (a) Short Title This Act may be cited as the Pick Your Poison Act of 2013 . (b) Findings Congress finds the following: (1) Independent expenditures made in connection with elections for public office, including those made by corporations, give rise to corruption and the appearance of corruption, as well as undue influence and access. (2) This corruption, and the appearance of this corruption, threatens to cause the electorate to lose faith in our democracy. 2. Ban on Expenditures and Disbursements for Electioneering Communications by Corporations Employing or Retaining Registered Lobbyists Section 316 of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441b ) is amended by adding at the end the following new subsection: (d) Special Rule for Corporations Employing or Retaining Registered Lobbyists A corporation may not make any expenditure, or make any disbursement for an electioneering communication, if it employs or retains a registered lobbyist under the Lobbying Disclosure Act of 1995. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1118ih/xml/BILLS-113hr1118ih.xml |
113-hr-1119 | I 113th CONGRESS 1st Session H. R. 1119 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Grayson introduced the following bill; which was referred to the Committee on Financial Services A BILL To prevent funding provided through the Federal Reserve System from being made available to corporations that finance political campaigns or political propaganda, and for other purposes.
1. Short title This Act may be cited as the Bailouts Are Not For Sale Act . 2. Prohibition on access to the Federal reserve discount window for corporations which interfere in elections (a) In general Notwithstanding section 13 of the Federal Reserve Act, any other provision of the Federal Reserve Act, or any other provision of law, a corporation which has made any independent expenditure or any disbursement for an electioneering communication, in connection with an election campaign for a Federal office, directly or through any affiliate, after the date of the enactment of such Act may not have any notes discounted by any Federal reserve bank and may not otherwise have access to or receive the benefit of, directly or indirectly through any affiliate or third party, any financing provided by or through the Board or any Federal reserve bank or any credit facility established by the Board or any Federal reserve bank. (b) Prompt reimbursement during transition If any corporation subject to subsection (a) has, before the date of the enactment of this Act, entered into any transaction or financing arrangement prohibited by such subsection, the Board shall require the corporation to unwind the transaction and repay any amount outstanding as soon as practicable but, in any case, before the end of the 90-day period beginning on such date of enactment. (c) Regulations Before the end of the 90-day period beginning on the date of the enactment of this Act, the Board shall prescribe, in final form, such regulations as may be appropriate to implement this Act. (d) Definitions For purposes of this section, the terms Board and affiliate have the same meanings as in section 2 of the Bank Holding Company Act of 1956. (e) Effective date This Act shall apply as of the date of the enactment of this Act, without regard to the effective date of any regulation prescribed under subsection (c). | https://www.govinfo.gov/content/pkg/BILLS-113hr1119ih/xml/BILLS-113hr1119ih.xml |
113-hr-1120 | I 113th CONGRESS 1st Session H. R. 1120 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Roe of Tennessee (for himself, Mr. Kline , Mr. Petri , Mr. Wilson of South Carolina , Ms. Foxx , Mr. Price of Georgia , Mr. Thompson of Pennsylvania , Mr. Salmon , Mr. Guthrie , Mr. DesJarlais , Mr. Rokita , Mr. Bucshon , and Mr. Gowdy ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To prohibit the National Labor Relations Board from taking any action that requires a quorum of the members of the Board until such time as Board constituting a quorum shall have been confirmed by the Senate, the Supreme Court issues a decision on the constitutionality of the appointments to the Board made in January 2012, or the adjournment sine die of the first session of the 113th Congress.
1. Short title This Act may be cited as the Preventing Greater Uncertainty in Labor-Management Relations Act . 2. Activities by the National Labor Relations Board prohibited Effective on the date of enactment of this Act, the National Labor Relations Board shall cease all activity that requires a quorum of the members of the Board, as set forth in the National Labor Relations Act ( 29 U.S.C. 151 et seq. ). The Board shall not implement, administer, or enforce any decision, rule, vote, or other action decided, undertaken, adopted, issued, or finalized on or after January 4, 2012, that requires a quorum of the members of the Board, as set forth in such Act. 3. Termination The provisions of this Act shall terminate on the date on which— (1) all members of the National Labor Relations Board are confirmed with the advice and consent of the Senate, in accordance with clause 2 of section 2 of article II of the Constitution, in a number sufficient to constitute a quorum, as set forth in the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); (2) the Supreme Court issues a decision on the constitutionality of the appointments to the Board made in January 2012; or (3) the adjournment sine die of the first session of the 113th Congress. 4. Effect of certain board actions In the event that this Act terminates pursuant to paragraphs (1) or (3) of section 3, no decision, rule, vote, or other action decided, undertaken, adopted, issued, or finalized by the Board on or after January 4, 2012, that requires authorization by not less than a quorum of the members of the Board, as set forth in the National Labor Relations Act, may be implemented, administered, or enforced unless and until it is considered and acted upon by a Board constituting a quorum, as set forth in the National Labor Relations Act, or the Supreme Court issues a decision on the constitutionality of the appointments to the Board made in January 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr1120ih/xml/BILLS-113hr1120ih.xml |
113-hr-1121 | I 113th CONGRESS 1st Session H. R. 1121 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Conyers (for himself, Mr. Scott of Virginia , and Mr. Johnson of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To protect cyber privacy, and for other purposes.
1. Short title This Act may be cited as the Cyber Privacy Fortification Act of 2013 . I Data Breach Notification 101. Failure to provide notice of security breaches involving sensitive personally identifiable information (a) In general Chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1040. Failure to provide notice of security breaches involving sensitive personally identifiable information (a) Whoever, having a covered obligation to provide notice of a security breach involving sensitive personally identifiable information, knowingly fails to do so, shall be fined under this title or imprisoned not more than 5 years, or both. (b) As used in this section— (1) the term covered obligation , with respect to providing notice of a security breach, means an obligation under Federal law or, if the breach is in or affects interstate or foreign commerce, under State law; (2) the term sensitive personally identifiable information means any electronic or digital information that includes— (A) an individual’s first and last name, or first initial and last name, or address or phone number in combination with any one of the following data elements where the data elements are not protected by a technology protection measure that renders the data element indecipherable— (i) a nontruncated social security number, driver’s license number, state resident identification number, passport number, or alien registration number; (ii) both— (I) mother’s maiden name, if identified as such; and (II) month, day, and year of birth; and (iii) unique biometric data such as a fingerprint, voice print, a retina or iris image; or (B) a financial account number or credit or debit card number in combination with any security code, access code or password that is required for an individual to obtain credit, withdraw funds, or engage in a financial transaction by means of such number; (3) the term security breach means a compromise of the security, confidentiality, or integrity of computerized data that there is reason to believe has resulted in improper access to sensitive personally identifiable information; and (4) the term improper access means access without authorization or in excess of authorization. . (b) Clerical amendment The table of sections at the beginning of chapter 47 of title 18, United States Code, is amended by adding at the end the following: 1040. Concealment of security breaches involving personally identifiable information. . (c) Obligation To report (1) In general A person who owns or possesses data in electronic form containing a means of identification and has knowledge of a major security breach of the system containing such data maintained by such person, must provide prompt notice of such breach to the United States Secret Service or Federal Bureau of Investigation. (2) Publication of list of notifications The Secret Service and the Federal Bureau of Investigation shall annually publish in the Federal Register a list of all notifications submitted the previous calendar year and the identity of each entity with respect to which the major security breach occurred. (3) Definition In this subsection— (A) the term major security breach means any security breach involving— (i) means of identification pertaining to 10,000 or more individuals is, or is reasonably believed to have been acquired; (ii) databases owned by the Federal Government; or (iii) means of identification of Federal Government employees or contractors involved in national security matters or law enforcement; and (B) the term means of identification has the meaning given that term in section 1028 of title 18, United States Code. II Non-criminal privacy enforcement and privacy impact statements 201. Enforcement by Attorney General and State authorities (a) Definition of authorized entity As used in this section, the term authorized entity means the Attorney General, with respect to any conduct constituting a violation of a Federal law enacted after the date of the enactment of this Act relating to data security and engaged in by a business entity, and a State Attorney General with respect to that conduct to the extent the conduct adversely affects an interest of the residents of a State. (b) Civil penalty (1) Generally An authorized entity may in a civil action obtain a civil penalty of not more than $500,000 from any business entity that engages in conduct constituting a violation of a Federal law enacted after the date of the enactment of this Act relating to data security. (2) Special rule for intentional violation If the violation described in subsection (a) is intentional, the maximum civil penalty is $1,000,000. (c) Injunctive relief An authorized entity may, in a civil action against a business entity that has engaged, or is engaged, in any conduct constituting a violation of a Federal law enacted after the date of the enactment of this Act relating to data security, obtain an order— (1) enjoining such act or practice; or (2) enforcing compliance with that law. (d) Other rights and remedies The rights and remedies available under this section do not affect any other rights and remedies available under Federal or State law. 202. Coordination of State and Federal efforts (a) Notice (1) In general A State consumer protection attorney may not bring an action under section 201, until the attorney general of the State involved provides to the Attorney General of the United States— (A) written notice of the action; and (B) a copy of the complaint for the action. (2) Exception Paragraph (1) does not apply with respect to the filing of an action by an attorney general of a State under this section if the State attorney general determines that it is not feasible to provide the notice described in such subparagraph before the filing of the action, in such a case the State attorney general shall provide notice and a copy of the complaint to the Attorney General at the time the State attorney general files the action. (b) Federal proceedings The Attorney General may— (1) move to stay any non-Federal action under section 201, pending the final disposition of a pending Federal action under that section; (2) initiate an action in an appropriate United States district court and move to consolidate all pending actions under section 201, including State actions, in that court; and (3) intervene in a State action under section 201. (c) Pending proceedings If the Attorney General institutes a proceeding or action for a violation of a Federal law enacted after the date of the enactment of this Act relating to data security, no authority of a State may, during the pendency of such proceeding or action, bring an action under this section against any defendant named in such criminal proceeding or a civil action against any defendant for any violation that is alleged in that proceeding or action. (d) Definition As used in this section, the term State consumer protection attorney means the attorney general of a State or any State or local law enforcement agency authorized by the State attorney general or by State statute to prosecute violations of consumer protection law. 203. Requirement that agency rulemaking take into consideration impacts on individual privacy (a) In general Title 5, United States Code, is amended by adding after section 553 the following new section: 553a. Privacy impact assessment in rulemaking (a) Initial privacy impact assessment (1) In general Whenever an agency is required by section 553 of this title, or any other law, to publish a general notice of proposed rulemaking for a proposed rule, or publishes a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws of the United States, and such rule or proposed rulemaking pertains to the collection, maintenance, use, or disclosure of personally identifiable information from 10 or more individuals, other than agencies, instrumentalities, or employees of the Federal Government, the agency shall prepare and make available for public comment an initial privacy impact assessment that describes the impact of the proposed rule on the privacy of individuals. Such assessment or a summary thereof shall be signed by the senior agency official with primary responsibility for privacy policy and be published in the Federal Register at the time of the publication of a general notice of proposed rulemaking for the rule. (2) Contents Each initial privacy impact assessment required under this subsection shall contain the following: (A) A description and analysis of the extent to which the proposed rule will impact the privacy interests of individuals, including the extent to which the proposed rule— (i) provides notice of the collection of personally identifiable information, and specifies what personally identifiable information is to be collected and how it is to be collected, maintained, used, and disclosed; (ii) allows access to such information by the person to whom the personally identifiable information pertains and provides an opportunity to correct inaccuracies; (iii) prevents such information, which is collected for one purpose, from being used for another purpose; and (iv) provides security for such information, including the provision of written notice to any individual, within 14 days of the date of compromise, whose privacy interests are compromised by the unauthorized release of personally identifiable information as a result of a breach of security at or by the agency. (B) A description of any significant alternatives to the proposed rule which accomplish the stated objectives of applicable statutes and which minimize any significant privacy impact of the proposed rule on individuals. (b) Final privacy impact assessment (1) In general Whenever an agency promulgates a final rule under section 553 of this title, after being required by that section or any other law to publish a general notice of proposed rulemaking, or promulgates a final interpretative rule involving the internal revenue laws of the United States, and such rule or proposed rulemaking pertains to the collection, maintenance, use, or disclosure of personally identifiable information from 10 or more individuals, other than agencies, instrumentalities, or employees of the Federal Government, the agency shall prepare a final privacy impact assessment, signed by the senior agency official with primary responsibility for privacy policy. (2) Contents Each final privacy impact assessment required under this subsection shall contain the following: (A) A description and analysis of the extent to which the final rule will impact the privacy interests of individuals, including the extent to which such rule— (i) provides notice of the collection of personally identifiable information, and specifies what personally identifiable information is to be collected and how it is to be collected, maintained, used, and disclosed; (ii) allows access to such information by the person to whom the personally identifiable information pertains and provides an opportunity to correct inaccuracies; (iii) prevents such information, which is collected for one purpose, from being used for another purpose; and (iv) provides security for such information, including the provision of written notice to any individual, within 14 days of the date of compromise, whose privacy interests are compromised by the unauthorized release of personally identifiable information as a result of a breach of security at or by the agency. (B) A summary of any significant issues raised by the public comments in response to the initial privacy impact assessment, a summary of the analysis of the agency of such issues, and a statement of any changes made in such rule as a result of such issues. (C) A description of the steps the agency has taken to minimize the significant privacy impact on individuals consistent with the stated objectives of applicable statutes, including a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule and why each one of the other significant alternatives to the rule considered by the agency which affect the privacy interests of individuals was rejected. (3) Availability to public The agency shall make copies of the final privacy impact assessment available to members of the public and shall publish in the Federal Register such assessment or a summary thereof. (c) Waivers (1) Emergencies An agency head may waive or delay the completion of some or all of the requirements of subsections (a) and (b) to the same extent as the agency head may, under section 608, waive or delay the completion of some or all of the requirements of sections 603 and 604, respectively. (2) National security An agency head may, for national security reasons, or to protect from disclosure classified information, confidential commercial information, or information the disclosure of which may adversely affect a law enforcement effort, waive or delay the completion of some or all of the following requirements: (A) The requirement of subsection (a)(1) to make an assessment available for public comment, provided that such assessment is made available, in classified form, to the Committees on the Judiciary of the House of Representatives and the Senate, in lieu of making such assessment available to the public. (B) The requirement of subsection (a)(1) to have an assessment or summary thereof published in the Federal Register, provided that such assessment or summary is made available, in classified form, to the Committees on the Judiciary of the House of Representatives and the Senate, in lieu of publishing such assessment or summary in the Federal Register. (C) The requirements of subsection (b)(3) , provided that the final privacy impact assessment is made available, in classified form, to the Committees on the Judiciary of the House of Representatives and the Senate, in lieu of making such assessment available to the public and publishing such assessment in the Federal Register. (d) Procedures for gathering comments When any rule is promulgated which may have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals, the head of the agency promulgating the rule or the official of the agency with statutory responsibility for the promulgation of the rule shall assure that individuals have been given an opportunity to participate in the rulemaking for the rule through techniques such as— (1) the inclusion in an advance notice of proposed rulemaking, if issued, of a statement that the proposed rule may have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals; (2) the publication of a general notice of proposed rulemaking in publications of national circulation likely to be obtained by individuals; (3) the direct notification of interested individuals; (4) the conduct of open conferences or public hearings concerning the rule for individuals, including soliciting and receiving comments over computer networks; and (5) the adoption or modification of agency procedural rules to reduce the cost or complexity of participation in the rulemaking by individuals. (e) Periodic review of rules (1) In general Each agency shall carry out a periodic review of the rules promulgated by the agency that have a significant privacy impact on individuals, or a privacy impact on a substantial number of individuals. Under such periodic review, the agency shall determine, for each such rule, whether the rule can be amended or rescinded in a manner that minimizes any such impact while remaining in accordance with applicable statutes. For each such determination, the agency shall consider the following factors: (A) The continued need for the rule. (B) The nature of complaints or comments received from the public concerning the rule. (C) The complexity of the rule. (D) The extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and, to the extent feasible, with State and local governmental rules. (E) The length of time since the rule was last reviewed under this subsection. (F) The degree to which technology, economic conditions, or other factors have changed in the area affected by the rule since the rule was last reviewed under this subsection. (2) Plan required Each agency shall carry out the periodic review required by paragraph (1) in accordance with a plan published by such agency in the Federal Register. Each such plan shall provide for the review under this subsection of each rule promulgated by the agency not later than 10 years after the date on which such rule was published as the final rule and, thereafter, not later than 10 years after the date on which such rule was last reviewed under this subsection. The agency may amend such plan at any time by publishing the revision in the Federal Register. (3) Annual publication Each year, each agency shall publish in the Federal Register a list of the rules to be reviewed by such agency under this subsection during the following year. The list shall include a brief description of each such rule and the need for and legal basis of such rule and shall invite public comment upon the determination to be made under this subsection with respect to such rule. (f) Judicial review (1) In general For any rule subject to this section, an individual who is adversely affected or aggrieved by final agency action is entitled to judicial review of agency compliance with the requirements of subsections (b) and (c) in accordance with chapter 7. Agency compliance with subsection (d) shall be judicially reviewable in connection with judicial review of subsection (b) . (2) Jurisdiction Each court having jurisdiction to review such rule for compliance with section 553, or under any other provision of law, shall have jurisdiction to review any claims of noncompliance with subsections (b) and (c) in accordance with chapter 7. Agency compliance with subsection (d) shall be judicially reviewable in connection with judicial review of subsection (b) . (3) Limitations (A) An individual may seek such review during the period beginning on the date of final agency action and ending 1 year later, except that where a provision of law requires that an action challenging a final agency action be commenced before the expiration of 1 year, such lesser period shall apply to an action for judicial review under this subsection. (B) In the case where an agency delays the issuance of a final privacy impact assessment pursuant to subsection (c) , an action for judicial review under this section shall be filed not later than— (i) 1 year after the date the assessment is made available to the public; or (ii) where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 1-year period, the number of days specified in such provision of law that is after the date the assessment is made available to the public. (4) Relief In granting any relief in an action under this subsection, the court shall order the agency to take corrective action consistent with this section and chapter 7, and may— (A) remand the rule to the agency; and (B) defer the enforcement of the rule against individuals, unless the court finds that continued enforcement of the rule is in the public interest. (5) Rule of construction Nothing in this subsection limits the authority of any court to stay the effective date of any rule or provision thereof under any other provision of law or to grant any other relief in addition to the requirements of this subsection. (6) Record of agency action In an action for the judicial review of a rule, the privacy impact assessment for such rule, including an assessment prepared or corrected pursuant to paragraph (4) , shall constitute part of the entire record of agency action in connection with such review. (7) Exclusivity Compliance or noncompliance by an agency with the provisions of this section shall be subject to judicial review only in accordance with this subsection. (8) Savings clause Nothing in this subsection bars judicial review of any other impact statement or similar assessment required by any other law if judicial review of such statement or assessment is otherwise permitted by law. (g) Definition For purposes of this section, the term personally identifiable information means information that can be used to identify an individual, including such individual’s name, address, telephone number, photograph, social security number or other identifying information. It includes information about such individual’s medical or financial condition. . (b) Periodic review transition provisions (1) Initial plan For each agency, the plan required by subsection (e) of section 553a of title 5, United States Code (as added by subsection (a) ), shall be published not later than 180 days after the date of the enactment of this Act. (2) Review period In the case of a rule promulgated by an agency before the date of the enactment of this Act, such plan shall provide for the periodic review of such rule before the expiration of the 10-year period beginning on the date of the enactment of this Act. For any such rule, the head of the agency may provide for a 1-year extension of such period if the head of the agency, before the expiration of the period, certifies in a statement published in the Federal Register that reviewing such rule before the expiration of the period is not feasible. The head of the agency may provide for additional 1-year extensions of the period pursuant to the preceding sentence, but in no event may the period exceed 15 years. (c) Congressional review Section 801(a)(1)(B) of title 5, United States Code, is amended— (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and (2) by inserting after clause (ii) the following new clause: (iii) the agency’s actions relevant to section 553a; . (d) Clerical amendment The table of sections at the beginning of chapter 5 of title 5, United States Code, is amended by adding after the item relating to section 553 the following new item: 553a. Privacy impact assessment in rulemaking. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1121ih/xml/BILLS-113hr1121ih.xml |
113-hr-1122 | I 113th CONGRESS 1st Session H. R. 1122 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Neugebauer (for himself, Mr. Benishek , Mr. Bentivolio , Mrs. Black , Mrs. Blackburn , Mr. Boustany , Mr. Brady of Texas , Mr. Broun of Georgia , Mr. Chabot , Mr. Cramer , Mr. Duncan of South Carolina , Mr. Duncan of Tennessee , Mr. Flores , Mr. Franks of Arizona , Mr. Griffin of Arkansas , Mr. Hall , Mrs. Hartzler , Mr. Huelskamp , Mr. Huizenga of Michigan , Mr. Hultgren , Mr. Jones , Mr. Kingston , Mr. LaMalfa , Mr. Lamborn , Mr. Lankford , Mr. Latta , Mr. Lipinski , Mr. Long , Mr. Marchant , Mr. Massie , Mr. Mica , Mr. Miller of Florida , Mr. Mullin , Mr. Nugent , Mr. Nunnelee , Mr. Olson , Mr. Palazzo , Mr. Pearce , Mr. Poe of Texas , Mr. Pompeo , Mrs. Roby , Mr. Salmon , Mr. Smith of New Jersey , and Mr. Weber of Texas ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the General Education Provisions Act to prohibit Federal education funding for elementary schools and secondary schools that provide on-campus access to abortion providers.
1. Short title This Act may be cited as the Protecting Life in Funding Education Act or the PRO-LIFE Act . 2. Schoolchildren’s protection from abortion providers The General Education Provisions Act (20 U.S.C. 1221 et seq.) is amended by adding at the end the following new part: E Schoolchildren’s protection from abortion providers 470. Schoolchildren’s protection from abortion providers (a) Limitation on funding Notwithstanding any other provision of law, no funds shall be made available under any applicable program to any State educational agency or local educational agency that enters into a contract or other agreement with a school-based health center relating to the provision of health services to students served by the agency unless such center certifies that— (1) the center will not perform an abortion; and (2) the center will not provide abortion-related materials, referrals, or directions for abortion services to any such student. (b) Rule of construction Nothing in this part shall be construed to prevent a school-based health center from providing non-abortion health services to pregnant students. (c) Definitions For purposes of this part: (1) ESEA terms The terms local educational agency 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) School-based health center The term school-based health center has the meaning given such term in section 2110(c)(9) of the Social Security Act (42 U.S.C. 1397jj(c)(9)). . | https://www.govinfo.gov/content/pkg/BILLS-113hr1122ih/xml/BILLS-113hr1122ih.xml |
113-hr-1123 | I 113th CONGRESS 1st Session H. R. 1123 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Goodlatte (for himself, Mr. Conyers , Mr. Coble , Mr. Watt , Mr. Poe of Texas , and Ms. DelBene ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To promote consumer choice and wireless competition by permitting consumers to unlock mobile wireless devices, and for other purposes.
1. Short title This Act may be cited as the Unlocking Consumer Choice and Wireless Competition Act . 2. Repeal of existing rule and additional rulemaking by Librarian of Congress (a) Repeal and replace Paragraph (3) of section 201.40(b) of title 37, Code of Federal Regulations, as amended and revised by the Librarian of Congress on October 28, 2012, pursuant to his authority under section 1201(a) of title 17, United States Code, shall have no force and effect, and such paragraph shall read, and shall be in effect, as such paragraph was in effect on July 27, 2010. (b) Rulemaking Not later than 1 year after the date of enactment of this Act, the Librarian of Congress, upon the recommendation of the Register of Copyrights, who shall consult with the Assistant Secretary for Communications and Information of the Department of Commerce and report and comment on his or her views in making such recommendation, shall determine, consistent with the requirements set forth under section 1201(a)(1) of title 17, United States Code, whether to extend the exemption for the class of works described in section 201.40(b)(3) of title 37, Code of Federal Regulations, as amended by subsection (a), to include any other category of wireless devices in addition to wireless telephone handsets. (c) Rule of construction Nothing in this Act alters, or shall be construed to alter, the authority of the Librarian of Congress under section 1201(a)(1) of title 17, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr1123ih/xml/BILLS-113hr1123ih.xml |
113-hr-1124 | I 113th CONGRESS 1st Session H. R. 1124 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Ms. Waters (for herself, Ms. Bass , Mr. Honda , Mr. Hastings of Florida , Mrs. Christensen , Mr. Grijalva , Mr. Conyers , Ms. Schakowsky , Ms. Wilson of Florida , Mr. DeFazio , Mr. Rush , Ms. Norton , Ms. Brown of Florida , Mr. Rangel , Mr. Payne , Mr. Clay , Ms. Lee of California , Mr. Cicilline , Mr. Cleaver , Ms. Hahn , Mr. Carson of Indiana , Mrs. Negrete McLeod , Mr. Pocan , Mr. Tonko , Ms. Edwards , Mr. McDermott , Ms. McCollum , Ms. Jackson Lee , Ms. Roybal-Allard , Ms. Sewell of Alabama , Ms. Pingree of Maine , Mr. Lewis , Mr. Lowenthal , Mr. Deutch , Mr. Rahall , Mr. Huffman , Mr. Sires , Mr. Ryan of Ohio , Mr. Vargas , Mr. Johnson of Georgia , Mr. Heck of Washington , Mr. Butterfield , Mr. Keating , Mr. Scott of Virginia , Mr. Schiff , Mr. Nadler , Mr. Hinojosa , Ms. Wasserman Schultz , Mr. Higgins , Mr. Delaney , Mr. Al Green of Texas , Ms. Lofgren , Ms. Brownley of California , Mr. Blumenauer , Mr. Quigley , Ms. Kaptur , Mr. Watt , Ms. Slaughter , Mr. Enyart , Mr. Ellison , and Ms. Meng ) introduced the following bill; which was referred to the Committee on Appropriations , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL Making supplemental appropriations for fiscal year 2013 for the TIGER Discretionary Grant program, and for other purposes.
1. Short title This Act may be cited as the TIGER Grants for Job Creation Act . 2. Findings Congress finds the following: (1) The economy is struggling to recover from the recession. The unemployment rate is nearly 8 percent nationwide and is even higher in minority and disadvantaged communities. (2) The American Society of Civil Engineers’ 2009 Report Card for America’s Infrastructure estimated that there is a $549,500,000,000 shortfall in investments in roads and bridges and an additional $190,100,000,000 shortfall in investments in transit. (3) TIGER, formally known as the Transportation Investment Generating Economic Recovery (TIGER) grant program, is a nationwide competitive grant program that creates jobs by funding investments in transportation infrastructure by States, local governments, and transit agencies. (4) TIGER funds projects that will have a significant impact on the Nation, a metropolitan area, or a region. (5) In distributing grants under TIGER, the Secretary of Transportation is required to ensure an equitable geographic distribution of funds, a balance in addressing the needs of urban and rural areas, and investments in a variety of modes of transportation. (6) Past appropriations for TIGER are not sufficient to address the need for investments in transportation infrastructure in communities throughout the United States as the amounts only fund a small fraction of the transportation infrastructure projects for which TIGER grant applications have been received. (7) TIGER received an appropriation of $500,000,000 in fiscal year 2012. (8) The President requested an appropriation of $500,000,000 for TIGER in fiscal year 2013. (9) The Secretary of Transportation has been unable to organize a competition for TIGER grants in 2013 due to the uncertainty surrounding sequestration and fiscal year 2013 appropriations. (10) Restricting appropriations for TIGER through the use of arbitrary budget caps or sequestration undermines economic recovery and job creation efforts; disrupts planning by States, local governments, and transit agencies; and leaves critical infrastructure needs unmet. (11) Emergency supplemental appropriations for TIGER, provided in addition to other appropriations and not subject to sequestration, will improve transportation infrastructure and create jobs throughout the United States without reducing funding for other domestic priorities. (12) An emergency supplemental appropriation of $500,000,000 for TIGER to be made available in fiscal year 2013 and an additional emergency supplemental appropriation of $500,000,000 to be made available in fiscal year 2014 will allow the Secretary of Transportation to begin immediately to organize new competitions for TIGER grants and allow States, local governments, and transit agencies to prepare grant applications, thus ensuring an efficient use of funds and timely job creation. 3. Supplemental appropriations for TIGER discretionary grant program The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2013: Department of Transportation Office of the Secretary National Infrastructure Investments For an additional amount for National Infrastructure Investments in accordance with the provisions under this heading in title I of division C of Public Law 112–55 , $1,000,000,000, of which $500,000,000 shall become available on the date of the enactment of this section, and $500,000,000 shall become available on October 1, 2013: Provided , That the amount under this heading shall remain available until September 30, 2014: Provided further , That the amount under this heading is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985, except that such amount shall be available only if the President subsequently so designates such amount and transmits such designation to the Congress. 4. Exemption from sequestration The appropriation in section 3 shall be exempt from any sequestration under section 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a ). | https://www.govinfo.gov/content/pkg/BILLS-113hr1124ih/xml/BILLS-113hr1124ih.xml |
113-hr-1125 | I 113th CONGRESS 1st Session H. R. 1125 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Schrader introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to provide for an exclusion for assistance provided to participants in certain veterinary student loan repayment or forgiveness programs.
1. Short title This Act may be cited as the Veterinary Medicine Loan Repayment Program Enhancement Act . 2. Exclusion for assistance provided to participants in certain veterinary student loan repayment or forgiveness programs (a) In general Paragraph (4) of section 108(f) of the Internal Revenue Code of 1986 is amended— (1) by striking or after such Act, , (2) by striking the period at the end and inserting , under section 1415A of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151a), or under any other State loan repayment or loan forgiveness program that is intended to provide for increased access to veterinary services in such State. , and (3) by striking state in the heading and inserting other . (b) Effective date The amendments made by this section shall apply to amounts received by an individual in taxable years beginning after December 31, 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr1125ih/xml/BILLS-113hr1125ih.xml |
113-hr-1126 | I 113th CONGRESS 1st Session H. R. 1126 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Bishop of Utah introduced the following bill; which was referred to the Committee on Natural Resources A BILL To facilitate the completion of an appropriate national memorial to Dwight D. Eisenhower.
1. Short title This Act may be cited as the Dwight D. Eisenhower Memorial Completion Act . 2. Dwight D. Eisenhower Memorial (a) Amendments Section 8162 of Public Law 106–79 ( 16 U.S.C. 431 note) is amended as follows: (1) By redesignating subsections (f), (g), (h), (i), (j), (k), (l), and (m) as subsections (g), (h), (i), (j), (k), (l), (m), and (o), respectively. (2) By inserting after subsection (e) the following: (f) Terms of members The appointment of a member of the Commission shall be for a term of 4 years. . (3) In subsection (k), (as so redesignated by paragraph (2))— (A) in paragraph (1), by striking appropriated or ; (B) in paragraph (2), by striking ; and and inserting a semicolon; (C) in paragraph (3), by striking the period and inserting ; and ; and (D) by adding after paragraph (3) the following: (4) ensure that a design is selected for the memorial as an alternative to any designs submitted or selected before the date of the enactment of this paragraph. . (4) By inserting after subsection (m), (as so redesignated by paragraph (2)), the following: (n) Expiration of legislative authority Notwithstanding section 8903(e) of title 40, United States Code, the legislative authority for the memorial shall expire 3 years after the date of the enactment of this subsection. . (5) By amending subsection (o), (as so redesignated by paragraph (2)), to read as follows: (o) Funding No Federal funds may be used to carry out this section. . (b) Effective date Subsection (f) of section 8162 of Public Law 106–79 ( 16 U.S.C. 431 note), as added by subsection (a) of this Act shall take effect as if enacted on the date of the enactment of Public Law 106–79 . (c) Commemorative Works Act Requirements The text under the heading Capital Construction in title III of division E of the Consolidated Appropriations Act, 2012 ( 40 U.S.C. 8903 note) is amended by striking expended: Provided , and all that follows through the final period and inserting expended. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1126ih/xml/BILLS-113hr1126ih.xml |
113-hr-1127 | I 113th CONGRESS 1st Session H. R. 1127 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Braley of Iowa introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the President to develop a comprehensive national manufacturing strategy, and for other purposes.
1. Short title This Act may be cited as the Rebuild American Manufacturing Act of 2013 . 2. National manufacturing strategy (a) Strategy required (1) In general Not later than 180 days after the date of the enactment of this Act, the President shall develop a comprehensive national manufacturing strategy. (2) Biennial revisions Not less frequently than once every 2 years after the date on which the President completes the strategy required by paragraph (1), the President shall revise such strategy. (b) Goals of strategy The President shall include in the national manufacturing strategy required by subsection (a) short- and long-term goals for United States manufacturing, including goals— (1) to increase the aggregate number of manufacturing jobs in the United States so that such number is not less than 20 percent of the sum of all nonfarm jobs in the United States; (2) to identify emerging technologies to strengthen the competitiveness of United States manufacturing in the global marketplace; and (3) to strengthen the manufacturing sectors of the United States in which the United States is most competitive in the global economy. (c) Information required The national manufacturing strategy required by subsection (a) shall include the following: (1) A survey of all persons with headquarters in the United States that maintain manufacturing facilities outside of the United States to identify— (A) the categories of products manufactured at such facilities; and (B) the number of manufacturing jobs located at such facilities. (2) A survey of all Federal agencies that provide assistance to United States manufacturers, including the following: (A) The Department of Commerce. (B) The Department of Defense. (C) The Department of Energy. (D) The Department of Labor. (E) The Department of the Treasury. (F) The Small Business Administration. (G) The Office of Management and Budget. (H) The Office of Science and Technology Policy. (I) The Office of the United States Trade Representative. (J) The National Science Foundation. (K) Such other Federal agencies as the President considers appropriate. (3) A survey of manufacturing goods produced in the United States and where such goods are produced. (4) The number of people in the United States employed by manufacturers operating in the United States. (5) An evaluation of the global competitiveness of United States manufacturing, including the following: (A) A comparison of the manufacturing policies and strategies of the United States with the policies and strategies of other countries, including the countries that are the top 5 trading partners of the United States. (B) A comparison of the productivity of each sector of the manufacturing industry in the United States with comparable sectors of manufacturing industries in other countries. (d) Recommendations The President shall include in the national manufacturing strategy required by subsection (a) recommendations for achieving the goals included in the strategy pursuant to subsection (b). Such recommendations may include proposals as follows: (1) Actions to be taken by the President, Congress, State, local, and territorial governments, the private sector, universities, industry associations, and other stakeholders. (2) Ways to improve Government policies, coordination among entities developing such policies, and Government interaction with the manufacturing sector, including interagency communications regarding the effects of proposed or active Government regulations or other executive actions on the United States manufacturing sector and its workforce. (3) How each Federal agency surveyed under subsection (c)(2) can best support the national manufacturing strategy required by subsection (a). (4) Adoption of strategies that have been implemented by other countries and proven successful. (e) Submittal of strategy Not later than 180 days after the date of the enactment of this Act and each time the President revises under paragraph (2) of subsection (a) the strategy required by paragraph (1) of such subsection, the President shall submit to Congress such strategy. | https://www.govinfo.gov/content/pkg/BILLS-113hr1127ih/xml/BILLS-113hr1127ih.xml |
113-hr-1128 | I 113th CONGRESS 1st Session H. R. 1128 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Brooks of Alabama (for himself, Mr. Franks of Arizona , Mr. Rogers of Alabama , Mr. Lamborn , Mr. Bridenstine , Mr. Turner , Mr. Aderholt , and Mr. Jones ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Foreign Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To ensure the effectiveness of the missile defense system of the United States, and for other purposes.
1. Short title This Act may be cited as the Protecting U.S. Missile Defense Information Act of 2013 . 2. Report and briefings on missile defense discussions between the United States and the Russian Federation (a) Report required The President shall submit to the congressional defense committees a semi-annual report on any discussions on missile defense between the United States Government and the Government of the Russian Federation during the preceding 6-month period. (b) Matters To be included The report required by subsection (a) shall include the following with respect to any such discussions: (1) The date or dates of the discussions. (2) The official or officials of each government taking part in the discussions. (3) A summary of the discussions. (4) A copy of any documents or other materials exchanged during or as a result of the discussions. (c) Initial report The initial report required by subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such discussions during the preceding 6-month period shall also address any such discussions during the 10-year period ending on the date of the enactment of this Act. (d) Form The reports required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (e) Congressional briefings In conjunction with the submission of the report required by subsection (a), the President shall brief the congressional defense committees on the matters contained in the report and any other matters relating to the report that the President determines to be appropriate. 3. Reports and briefings on declassification of certain missile defense information (a) Report required The President shall submit to the congressional defense committees a semi-annual report on meetings held by the National Disclosure Policy Committee with respect to declassifying documents containing information on the missile defense systems of the United States. (b) Matters To be included The report required by subsection (a) shall include the following with respect to any such meetings: (1) The date of the meeting. (2) A description of the documents considered by the National Disclosure Policy Committee during the meeting. (3) The determination made by the Committee with respect to declassifying such documents, including a summary of the reasoning used to make such determination. (c) Initial report The initial report required by subsection (a) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such meetings during the preceding 6-month period shall also address any such meetings during the 10-year period ending on the date of the enactment of this Act. (d) Form The reports required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex, if necessary. (e) Congressional briefings In conjunction with the submission of the report required by subsection (a), the President shall brief the congressional defense committees on the matters contained in the report and any other matters relating to the report that the President determines to be appropriate. 4. Limitation on funds to provide the Russian Federation with access to certain missile defense technology None of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be used to provide the Russian Federation with access to information regarding— (1) missile defense technology of the United States relating to hit-to-kill technology; or (2) telemetry data with respect to missile defense interceptors or target vehicles. 5. Limitation on funds to negotiate or implement executive agreements relating to United States missile defense capabilities (a) Statement of policy Congress declares that the United States shall not be bound, politically or otherwise, by the terms of any executive agreement relating to the missile defense capabilities of the United States, including basing, locations, capabilities, and numbers of missiles with respect to such missile defense capabilities. (b) Limitation on funds None of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be used— (1) to negotiate or implement any executive agreement relating to the missile defense capabilities of the United States, including basing, locations, capabilities, and numbers of missiles with respect to such missile defense capabilities; or (2) to implement rules of engagement or Guidance for Employment of Force relating to such executive agreement. (c) Rule of construction Subsection (b) shall not apply with respect to the use of funds to negotiate or implement any executive agreement with a country with respect to which the United States has entered into a treaty of alliance or has a security guarantee. (d) Executive agreement defined In this section, the term executive agreement means an international agreement other than— (1) an agreement that is in the form of a treaty under article II, section 2, clause 2 of the Constitution of the United States; or (2) an agreement that requires implementing legislation to be enacted into law for the agreement to enter into force with respect to the United States. 6. Disclosure of and report on Russian Federation support of ballistic missile defense programs of China, Syria, Iran, and North Korea (a) Disclosure of support The President shall seek to encourage the Government of the Russian Federation to disclose any support by the Russian Federation or Russian entities for the ballistic missile programs of the People’s Republic of China, Syria, Iran, or North Korea. (b) Report required The President shall submit to the congressional defense committees a semi-annual report on any disclosure by the Government of the Russian Federation of any such support during the preceding 6-month period. (c) Initial report The initial report required by subsection (b) shall be submitted not later than 180 days after the date of the enactment of this Act and in addition to addressing any such support during the preceding 6-month period shall also address any such support during the 10-year period ending on the date of the enactment of this Act. (d) Form The report required by subsection (b) shall be submitted in unclassified form, but may contain a classified annex, if necessary. 7. Congressional defense committees defined In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr1128ih/xml/BILLS-113hr1128ih.xml |
113-hr-1129 | I 113th CONGRESS 1st Session H. R. 1129 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Coble (for himself and Mr. Johnson of Georgia ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To limit the authority of States to tax certain income of employees for employment duties performed in other States.
1. Short title This Act may be cited as the Mobile Workforce State Income Tax Simplification Act of 2013 . 2. Limitations on state withholding and taxation of employee income (a) In general No part of the wages or other remuneration earned by an employee who performs employment duties in more than one State shall be subject to income tax in any State other than— (1) the State of the employee’s residence; and (2) the State within which the employee is present and performing employment duties for more than 30 days during the calendar year in which the wages or other remuneration is earned. (b) Wages or other remuneration Wages or other remuneration earned in any calendar year shall not be subject to State income tax withholding and reporting requirements unless the employee is subject to income tax in such State under subsection (a). Income tax withholding and reporting requirements under subsection (a)(2) shall apply to wages or other remuneration earned as of the commencement date of employment duties in the State during the calendar year. (c) Operating rules For purposes of determining penalties related to an employer’s State income tax withholding and reporting requirements— (1) an employer may rely on an employee’s annual determination of the time expected to be spent by such employee in the States in which the employee will perform duties absent— (A) the employer’s actual knowledge of fraud by the employee in making the determination; or (B) collusion between the employer and the employee to evade tax; (2) except as provided in paragraph (3), if records are maintained by an employer in the regular course of business that record the location of an employee, such records shall not preclude an employer’s ability to rely on an employee’s determination under paragraph (1); and (3) notwithstanding paragraph (2), if an employer, at its sole discretion, maintains a time and attendance system that tracks where the employee performs duties on a daily basis, data from the time and attendance system shall be used instead of the employee’s determination under paragraph (1). (d) Definitions and special rules For purposes of this Act: (1) Day (A) Except as provided in subparagraph (B), an employee is considered present and performing employment duties within a State for a day if the employee performs more of the employee’s employment duties within such State than in any other State during a day. (B) If an employee performs employment duties in a resident State and in only one nonresident State during one day, such employee shall be considered to have performed more of the employee’s employment duties in the nonresident State than in the resident State for such day. (C) For purposes of this paragraph, the portion of the day during which the employee is in transit shall not be considered in determining the location of an employee’s performance of employment duties. (2) Employee The term employee has the same meaning given to it by the State in which the employment duties are performed, except that the term employee shall not include a professional athlete, professional entertainer, or certain public figures. (3) Professional athlete The term professional athlete means a person who performs services in a professional athletic event, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional athlete. (4) Professional entertainer The term professional entertainer means a person who performs services in the professional performing arts for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for performing services in his or her capacity as a professional entertainer. (5) Certain public figures The term certain public figures means persons of prominence who perform services for wages or other remuneration on a per-event basis, provided that the wages or other remuneration are paid to such person for services provided at a discrete event, in the nature of a speech, public appearance, or similar event. (6) Employer The term employer has the meaning given such term in section 3401(d) of the Internal Revenue Code of 1986 ( 26 U.S.C. 3401(d) ), unless such term is defined by the State in which the employee’s employment duties are performed, in which case the State’s definition shall prevail. (7) State The term State means any of the several States. (8) Time and attendance system The term time and attendance system means a system in which— (A) the employee is required on a contemporaneous basis to record his work location for every day worked outside of the State in which the employee’s employment duties are primarily performed; and (B) the system is designed to allow the employer to allocate the employee’s wages for income tax purposes among all States in which the employee performs employment duties for such employer. (9) Wages or other remuneration The term wages or other remuneration may be limited by the State in which the employment duties are performed. 3. Effective date; applicability (a) Effective date This Act shall take effect on January 1 of the 2d year that begins after the date of the enactment of this Act. (b) Applicability This Act shall not apply to any tax obligation that accrues before the effective date of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1129ih/xml/BILLS-113hr1129ih.xml |
113-hr-1130 | I 113th CONGRESS 1st Session H. R. 1130 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mrs. Davis of California (for herself, Ms. Ros-Lehtinen , Mr. Israel , Ms. Schwartz , Mr. Vargas , Mr. Weber of Texas , Mr. Deutch , Ms. Meng , Mr. Kilmer , Mr. Engel , Mr. Roskam , Mr. Waxman , Ms. Wasserman Schultz , Mr. Crowley , Mr. Higgins , Mr. Peters of Michigan , Mr. Grimm , Mr. Markey , Mr. Tonko , Mr. King of New York , Mr. Franks of Arizona , Mr. Gene Green of Texas , Mr. McCaul , Mr. Pierluisi , Mr. Lamborn , Ms. Hanabusa , Mr. Gutierrez , Mr. Latta , Mr. Collins of New York , Mr. Burgess , Mr. Mulvaney , Mr. Kline , Mr. Ryan of Ohio , Ms. Frankel of Florida , Mr. Van Hollen , Mr. Cicilline , Mrs. McCarthy of New York , Mr. Johnson of Ohio , Mr. Griffith of Virginia , Mr. Veasey , Mr. Olson , Mr. Sherman , Mr. Hastings of Florida , Mr. Connolly , Mr. McGovern , Mrs. Lowey , Mr. McDermott , Mr. Yoder , Mr. Holt , Ms. Brown of Florida , Mr. Bridenstine , Mr. Keating , Mr. Culberson , Mr. Barber , Ms. Schakowsky , Mr. Schiff , Mr. Lance , Mr. Chabot , Mr. Young of Alaska , Mrs. Bachmann , Mrs. Hartzler , Mr. Braley of Iowa , Mr. Smith of Washington , and Mr. Peters of California ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To authorize further assistance to Israel for the Iron Dome anti-missile defense system.
1. Short title This Act may be cited as the Iron Dome Support Act . 2. Findings Congress finds the following: (1) The State of Israel remains under grave threat and frequent attack from missiles, rockets, and mortar shells fired at Israeli civilian targets by militants from the Foreign Terrorist Organization Hamas on its southern border and by the Foreign Terrorist Organization Hezbollah on its northern border, which have killed, wounded, or inflicted psychological trauma on countless Israelis. (2) The United States remains committed to Israel’s qualitative military edge, including its advantage over non-state actors such as Hezbollah and Hamas, which boast increasingly sophisticated and powerful weapons as a result of support from Iran, Syria, and other state actors. (3) The Israeli Defense Forces report that the Iron Dome anti-missile defense system has achieved a success rate of more than 85 percent, intercepting rockets bound for residential neighborhoods, busy road junctions, shopping centers, and crowded streets in southern Israel. (4) The recent success of the Iron Dome anti-missile defense system during Operation Pillar of Defense averted massive Israeli casualties, thereby eliminating Israel’s need to conduct a ground-based attack against Gaza-based terrorists, enhancing Israel’s operational flexibility, and preventing terrorists from plunging the region into crisis whenever they choose. (5) The United States can help to advance its own vital national security interests and the cause of Middle Eastern peace and stability by supporting Israel’s ability to defend itself against missiles, rockets, and other threats. (6) Israel has indicated that it is ready to share the technology of the Iron Dome anti-missile defense system with the United States for the United States use to strengthen the United States defense capabilities. (7) The Government of Israel currently has five operational Iron Dome batteries deployed in the field, which are far from sufficient to protect all of Israel’s territory. 3. Authorization of assistance to Israel for Iron Dome anti-missile defense system The President, acting through the Secretary of Defense and the Secretary of State, is authorized to provide assistance, upon request by the Government of Israel, for the procurement, maintenance, enhancement, and sustainment of the Iron Dome defense system for purposes of intercepting short-range and medium-range rockets, missiles, and projectiles launched against Israel. | https://www.govinfo.gov/content/pkg/BILLS-113hr1130ih/xml/BILLS-113hr1130ih.xml |
113-hr-1131 | I 113th CONGRESS 1st Session H. R. 1131 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Denham (for himself, Mr. Stivers , Mr. Farenthold , and Mr. Kinzinger of Illinois ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to extend military commissary and exchange store privileges, without time-period limitation, to members of the Armed Forces who are involuntarily separated with a service-connected disability and also to extend such privileges to their dependents.
1. Commissary and exchange store privileges for involuntarily separated members with a service-connected disability and for their dependents (a) Extension of privileges Section 1146 of title 10, United States Code, is amended by adding at the end the following new subsection: (d) Members involuntarily separated with service-Connected disability; dependents (1) A member of the armed forces who is involuntarily separated from active duty or the Selected Reserve and who has a service-connected disability shall be permitted to use commissary and exchange stores on the same basis as a member of the armed forces entitled to retired or retainer pay. (2) A dependent of a member described in paragraph (1) shall be permitted to use commissary and exchange stores on the same basis as a dependent of a member of the armed forces entitled to retired or retainer pay. . (b) Implementation The Secretary of Defense shall ensure that subsection (d) of section 1146 of title 10, United States Code, as added by subsection (a), is fully operational before the end of the 90-day period beginning on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1131ih/xml/BILLS-113hr1131ih.xml |
113-hr-1132 | I 113th CONGRESS 1st Session H. R. 1132 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Denham (for himself and Mr. Roe of Tennessee ) introduced the following bill; which was referred to the Committee on Veterans’ Affairs , and in addition to the Committee on Armed Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Veterans Affairs and the Secretary of Defense to jointly ensure that the Vet Centers of the Department of Veterans Affairs have access to the Defense Personnel Record Image Retrieval system and the Veterans Affairs/Department of Defense Identity Repository system.
1. Short title This Act may be cited as the Efficient Service for Veterans Act . 2. Vet Center access to Defense Personnel Record Image Retrieval system and Veterans Affairs/Department of Defense Identity Repository system The Secretary of Veterans Affairs and the Secretary of Defense shall jointly ensure that each center established under section 1712A of title 38, United States Code, has access to— (1) the Defense Personnel Record Image Retrieval system; and (2) the Veterans Affairs/Department of Defense Identity Repository system. | https://www.govinfo.gov/content/pkg/BILLS-113hr1132ih/xml/BILLS-113hr1132ih.xml |
113-hr-1133 | I 113th CONGRESS 1st Session H. R. 1133 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Duncan of Tennessee introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 44, United States Code, to require information on contributors to Presidential library fundraising organizations, and for other purposes.
1. Short title This Act may be cited as the Presidential Library Donation Reform Act of 2013 . 2. Presidential libraries (a) In general Section 2112 of title 44, United States Code, is amended by adding at the end the following new subsection: (h) Presidential library fundraising organization reporting requirement (1) Reporting requirement Not later than 15 days after the end of a calendar quarter and until the end of the requirement period described in paragraph (2), each Presidential library fundraising organization shall submit to the Archivist information for that quarter in an electronic searchable and sortable format with respect to every contributor who gave the organization a contribution or contributions (whether monetary or in-kind) totaling $200 or more for the quarterly period. (2) Duration of reporting requirement The requirement to submit information under paragraph (1) shall continue until the later of the following occurs: (A) The Archivist has accepted, taken title to, or entered into an agreement to use any land or facility for the Presidential archival depository for the President for whom the Presidential library fundraising organization was established. (B) The President whose archives are contained in the deposit no longer holds the Office of President. (3) Information required to be published The Archivist shall publish on the website of the National Archives and Records Administration, within 30 days after each quarterly filing, any information that is submitted under paragraph (1), without a fee or other access charge, in a searchable, sortable, and downloadable database. (4) Submission of false material information prohibited (A) Individual (i) Prohibition It shall be unlawful for any person who makes a contribution described in paragraph (1) to knowingly and willfully submit false material information or omit material information with respect to the contribution to an organization described in such paragraph. (ii) Penalty The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of clause (i) in the same manner as a violation described in such section. (B) Organization (i) Prohibition It shall be unlawful for any Presidential library fundraising organization to knowingly and willfully submit false material information or omit material information under paragraph (1). (ii) Penalty The penalties described in section 1001 of title 18, United States Code, shall apply with respect to a violation of clause (i) in the same manner as a violation described in such section. (5) Prohibition on contribution (A) In general It shall be unlawful for a person to knowingly and willfully— (i) make a contribution described in paragraph (1) in the name of another person; (ii) permit his or her name to be used to effect a contribution described in paragraph (1); or (iii) accept a contribution described in paragraph (1) that is made by one person in the name of another person. (B) Penalty The penalties set forth in section 309(d) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 437g(d) ) shall apply to a violation of subparagraph (A) in the same manner as if such violation were a violation of section 316(b)(3) of such Act ( 2 U.S.C. 441b(b)(3) ). (6) Regulations required The Archivist shall promulgate regulations for the purpose of carrying out this subsection. (7) Definitions In this subsection: (A) Information The term information means the following: (i) The amount or value of each contribution made by a contributor referred to in paragraph (1) in the quarter covered by the submission. (ii) The source of each such contribution, and the address of the entity or individual that is the source of the contribution. (iii) If the source of such a contribution is an individual, the occupation of the individual. (iv) The date of each such contribution. (B) Presidential library fundraising organization The term Presidential library fundraising organization means an organization that is established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at— (i) a Presidential archival depository; or (ii) any facilities relating to a Presidential archival depository. . (b) Applicability Section 2112(h) of title 44, United States Code (as added by subsection (a))— (1) shall apply to an organization established for the purpose of raising funds for creating, maintaining, expanding, or conducting activities at a Presidential archival depository or any facilities relating to a Presidential archival depository before, on, or after the date of the enactment of this Act; and (2) shall only apply with respect to contributions (whether monetary or in-kind) made after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1133ih/xml/BILLS-113hr1133ih.xml |
113-hr-1134 | I 113th CONGRESS 1st Session H. R. 1134 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Gallego introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To direct the Secretary of Veterans Affairs to carry out a grant program and pilot program designed to improve the delivery of health care to veterans residing in rural areas, and for other purposes.
1. Findings Congress makes the following findings: (1) The estimated veteran population of the Nation is 22,328,000. (2) Nearly 30 percent of veterans live in rural areas, with younger veterans who served in support of Operation Iraqi Freedom and Operation Enduring Freedom more likely than other veterans to live in rural areas. (3) Veterans living in rural areas are reported to be in poorer health than veterans living in urban areas. (4) Veterans living in rural areas often need to travel extremely long distances to receive medical care and the other services to which they are entitled. (5) The medical facilities of the Department of Veterans Affairs include 821 community-based outpatient clinics, 300 veterans centers, and 152 hospitals. (6) Rural veterans represent 41 percent of the total number of veterans enrolled in the Department of Veterans Affairs patient enrollment system under section 1705 of title 38, United States Code. (7) A higher percentage of veterans residing in rural areas reported having at least one disability compared with veterans residing in urban areas. (8) Each year more than 150,000 members of the Armed Forces are discharged or separated from service in the Armed Forces and transition to veteran status. (9) Navigating the transition from the health care system of Department of Defense to the health care system of the Department of Veterans Affairs involves the coordination of data and information between Department of Defense and the Department of Veterans Affairs. (10) It is important to develop electronic health records that can be accessed by both the Department of Defense and the Department of Veterans Affairs whether a patient is a member of the Armed Forces or a veteran to ensure the greater availability of health care information for members of the Armed Forces and veterans. 2. Transportation grants for rural veterans service organizations (a) Grants Authorized (1) In general The Secretary of Veterans Affairs shall establish a grant program to provide innovative transportation options to veterans in highly rural areas. (2) Use of funds Grants awarded under this section may be used by State veterans service agencies and veterans service organizations to— (A) assist veterans in highly rural areas to travel to Department of Veterans Affairs medical centers; and (B) otherwise assist in providing medical care to veterans in highly rural areas. (3) Maximum amount The amount of a grant under this section may not exceed $50,000. (4) No matching requirement The recipient of a grant under this section may not be required to provide matching funds as a condition for receiving such grant. (5) Recovery of unused grant funds If a recipient of a grant does not use the full amount of funds received under this section by not later than September 30 of the fiscal year in which such grant was awarded, the United States shall be entitled to recover from such recipient the total of all unused grant amounts made under this section to such recipient. (b) Regulations The Secretary shall prescribe regulations for— (1) evaluating grant applications under this section; and (2) otherwise administering the program established by this section. (c) Reports Not later than February 1 of each year, the Secretary shall submit to Congress a report containing information related to each grant awarded under this section during the preceding year, including— (1) the name of the grant recipient; and (2) the amount of the grant. (d) Veterans Service Organization Definition In this section, the term veterans service organization means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. 3. Outreach requirement (a) Outreach required The Secretary of Veterans Affairs shall conduct outreach, including under chapter 63 of title 38, United States Code, to educate veterans and their family members about the availability of transportation to assist veterans living in rural areas in traveling to Department of Veterans Affairs medical facilities, including transportation available pursuant to a grant made under section 2. (b) Outreach defined In this section, the term outreach shall have the meaning given such term in section 6301(b)(1) of title 38, United States Code. 4. Pilot program for the implementation of electronic health record systems or capabilities at Department of Veterans Affairs medical facilities located in rural areas (a) Pilot program The Secretary of Veterans Affairs, in cooperation with the Secretary of Defense, shall carry out a pilot program under section 1635(f) of the National Defense Authorization Act of Fiscal Year 2008 ( Public Law 110–181 ; 122 Stat. 462; 10 U.S.C. 1071 note) at Department of Veterans Affairs medical facilities located in rural areas and selected by the Secretary. Such pilot program shall be designed to— (1) implement at such medical facilities electronic health record systems or capabilities that allow for full interoperability of personal health care information between the Department of Defense and the Department of Veterans Affairs; (2) ensure that veterans served by such medical facilities are afforded the technological advances to improve the quality of health care they receive; (3) provide physicians and other personnel at such medical facilities with access to the complete personal health care information of members of the Armed Forces who are discharged or released from service in the Armed Forces; and (4) increase the accessibility, efficiency, and use of electronic health records at such facilities to meet improved health care needs. (b) Selection of medical facilities The Secretary of Veterans Affairs, in cooperation with the Secretary of Defense, shall select Department of Veterans Affairs medical facilities at which to carry out the pilot program under this section. Such facilities shall be located in rural areas where the population rate of veterans exceeds six percent. (c) Reports Not later than April 1 of each year, the Secretary of Veterans Affairs shall submit to Congress a report on the pilot program under this section. Each such report shall include— (1) an evaluation of best practices relating to furnishing health care to veterans residing in rural areas; (2) an evaluation of the education and training provided to physicians and other personnel at medical facilities participating in the pilot program; and (3) an evaluation of the health care provided to veterans residing in rural areas. | https://www.govinfo.gov/content/pkg/BILLS-113hr1134ih/xml/BILLS-113hr1134ih.xml |
113-hr-1135 | I 113th CONGRESS 1st Session H. R. 1135 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Huizenga of Michigan (for himself and Mr. Garrett ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to repeal certain additional disclosure requirements, and for other purposes.
1. Short title This Act may be cited as the Burdensome Data Collection Relief Act . 2. Repeal of additional disclosure requirements Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 15 U.S.C. 781 note) is hereby repealed and any regulations issued pursuant to such subsection shall have no force or effect. | https://www.govinfo.gov/content/pkg/BILLS-113hr1135ih/xml/BILLS-113hr1135ih.xml |
113-hr-1136 | I 113th CONGRESS 1st Session H. R. 1136 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Ms. Eddie Bernice Johnson of Texas (for herself, Ms. Lee of California , Mr. Johnson of Georgia , Mr. Danny K. Davis of Illinois , Ms. Norton , Ms. Wilson of Florida , Mr. Rangel , Mr. Hastings of Florida , Mrs. Napolitano , Mr. Grijalva , Mr. Lewis , Mr. Gutierrez , and Ms. Loretta Sanchez of California ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Hate Crime Statistics Act to include crimes against the homeless.
1. Short title This Act may be cited as the Violence Against the Homeless Accountability Act of 2013 . 2. Inclusion of homeless Section 1(b) of the Hate Crime Statistics Act ( 28 U.S.C. 534 note) is amended— (1) in paragraph (1), by inserting homeless status, after sexual orientation, ; and (2) by adding at the end the following: (6) As used in this subsection, the term homeless status with respect to an individual, refers to an individual who— (A) lacks a fixed, regular, and adequate nighttime residence; or (B) has a primary nighttime residence that is— (i) a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings, including cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings; (ii) a supervised publicly or privately operated shelter designed to provide temporary living accommodations, including motels, hotels, congregate shelters, and transitional housing; or (iii) housing of other persons in which the individual is temporarily staying due to loss of housing, economic hardship, or a similar reason. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1136ih/xml/BILLS-113hr1136ih.xml |
113-hr-1137 | I 113th CONGRESS 1st Session H. R. 1137 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Kind (for himself and Mr. Wittman ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior, through the United States Fish and Wildlife Service, to conduct a Joint Venture Program to protect, restore, enhance, and manage migratory bird populations, their habitats, and the ecosystems they rely on, through voluntary actions on public and private lands, and for other purposes.
1. Short title This Act may be cited as the Joint Ventures for Bird Habitat Conservation Act of 2013 . 2. Findings and purpose (a) Findings Congress finds that— (1) migratory birds are of great ecological and economic value to the Nation, contributing to biological diversity, advancing the well-being of human communities through pollination, seed dispersal, and other ecosystem services, and bringing tremendous enjoyment to the tens of millions of Americans who study, watch, feed, or hunt these birds; (2) sustainable populations of migratory birds depend on the conservation, protection, restoration, and enhancement of terrestrial, wetland, marine, and other aquatic habitats throughout their ranges in the United States, as well as the rest of North America, the Caribbean, and Central and South America; (3) birds are good indicators of environmental health and provide early warning of the impacts of environmental change, helping to yield the most out of every dollar invested in conservation; (4) human and environmental stressors are causing the decline of populations of many migratory bird species, many of them once common, and climate change will exacerbate the impacts of these stressors on migratory bird populations; (5) the coordination of Federal, State, tribal, and local government natural resource conservation efforts and the formation of partnerships that include a diversity of nongovernmental conservation organizations, private landowners, and other relevant stakeholders is necessary to accomplish the conservation of migratory bird populations, their habitats, and the ecosystem functions they rely on; (6) hunters, through their purchase of Federal migratory bird hunting stamps and State hunting licenses, have long supported the conservation of migratory birds and their habitats in the United States through the various State and Federal programs that are supported by the fees charged for such purchases; (7) the Department of the Interior, through the United States Fish and Wildlife Service, is authorized under a number of broad statutes to undertake many activities with partners to conserve natural resources, including migratory birds and their habitat; (8) through these authorities, the Service has created and supported a number of joint ventures with diverse partners to help protect, manage, enhance, and restore migratory bird habitat throughout much of the United States and to conserve migratory bird species; (9) the North American Waterfowl Management Plan, adopted by the United States and Canada in 1986, with Mexico joining as a signatory in 1994, was the first truly landscape-level approach to conserving migratory game birds and the wetland habitats on which they depend, and became the foundation for the voluntary formation of Joint Ventures; (10) since the adoption of the North American Waterfowl Management Plan, joint ventures have expanded their application to all native birds and other wildlife species that depend on wetlands and associated upland habitats, resulting in significant conservation benefits over the last 20 years; (11) States possess broad trustee and management authority over fish and wildlife resources within their borders, and have utilized their authorities to undertake conservation programs to conserve resident and migratory birds and their habitats; (12) consistent with applicable Federal and State laws, the Federal Government and the States each have management responsibilities affecting fish and wildlife resources, and should work cooperatively in fulfilling these responsibilities; (13) other domestic and international conservation projects authorized under the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6101 et seq. ) and the North American Wetlands Conservation Act ( 16 U.S.C. 4401 et seq. ), and additional bird conservation projects authorized under other Federal authorities, can expand and increase the effectiveness of the joint ventures in protecting and enhancing migratory bird habitats throughout the different ranges of species native to the United States; and (14) the voluntary partnerships fostered by these joint ventures have served as innovative models for cooperative and effective landscape conservation, with far-reaching benefits to other fish and wildlife populations, and similar joint ventures should be authorized specifically to reinforce the importance and multiple benefits of these models to encourage adaptive resource management and the implementation of flexible conservation strategies in the 21st century. (b) Purpose The purpose of this Act is to establish a program administered by the Director, in coordination with other Federal agencies with management authority over fish and wildlife resources and the States, to develop, implement, and support innovative, voluntary, cooperative, and effective conservation strategies and conservation actions to— (1) promote, primarily, sustainable populations of migratory birds, and, secondarily, the fish and wildlife species associated with their habitats; (2) encourage stakeholder and government partnerships consistent with the goals of protecting, improving, and restoring habitat; (3) establish, implement, and improve science-based migratory bird conservation plans and promote and facilitate broader landscape-level conservation of fish and wildlife habitat; and (4) coordinate related conservation activities of the Service and other Federal agencies to maximize the efficient and effective use of funds appropriated or otherwise made available to support projects and activities to enhance bird populations and other populations of fish and wildlife and their habitats. 3. Definitions In this Act: (1) Conservation action The term conservation action means activities that— (A) support the protection, restoration, adaptive management, conservation, or enhancement of migratory bird populations, their terrestrial, wetland, marine, or other habitats, and other wildlife species supported by those habitats, including— (i) biological and geospatial planning; (ii) landscape and conservation design; (iii) habitat protection, enhancement, and restoration; (iv) monitoring and tracking; (v) applied research; and (vi) public outreach and education; (B) are conducted on lands or waters that— (i) are administered for the long-term conservation of such lands or waters and the migratory birds thereon, including the marine environment; or (ii) are not primarily held or managed for conservation but provide habitat value for migratory birds; and (C) incorporate adaptive management and science-based monitoring, where applicable, to improve outcomes and ensure efficient and effective use of Federal funds. (2) Director The term Director means the Director of the United States Fish and Wildlife Service. (3) Implementation Plan The term Implementation Plan means an Implementation Plan approved by the Director under section 5. (4) Indian tribe The term Indian tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). (5) Joint venture The term Joint Venture means a self-directed, voluntary partnership, established and conducted in accordance with section 5. (6) Management board The term Management Board means a Joint Venture Management Board established in accordance with section 5. (7) Migratory birds The term migratory birds means those species included in the list of migratory birds that appears in section 10.13 of title 50, Code of Federal Regulations, under the authority of the Migratory Bird Treaty Act. (8) Program The term Program means the Joint Ventures Program conducted in accordance with this Act. (9) Secretary The term Secretary means the Secretary of the Interior. (10) Service The term Service means the United States Fish and Wildlife Service. (11) State The term State means— (A) any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, and the Commonwealth of the Northern Mariana Islands; and (B) one or more agencies of a State government responsible under State law for managing fish or wildlife resources. 4. Joint Ventures Program (a) In general The Secretary shall conduct, through the United States Fish and Wildlife Service, a Joint Ventures Program administered by the Director. The Director, through the Program, shall develop an administrative framework for the approval and establishment and implementation of Joint Ventures, that— (1) provides financial and technical assistance to support regional migratory bird conservation partnerships; (2) develops and implements plans to protect and enhance migratory bird populations throughout their range, that are focused on regional landscapes and habitats that support those populations; (3) complements and supports activities by the Secretary and the Director to fulfill obligations under— (A) the Migratory Bird Treaty Act ( 16 U.S.C. 701 et seq. ); (B) the Migratory Bird Conservation Act ( 16 U.S.C. 715 et seq. ); (C) the Neotropical Migratory Bird Conservation Act ( 16 U.S.C. 6101 et seq. ); (D) the North American Wetlands Conservation Act ( 16 U.S.C. 4401 et seq. ); (E) the Fish and Wildlife Conservation Act of 1980 ( 16 U.S.C. 2901 et seq. ); and (F) the Partners for Fish and Wildlife Act (16 U.S.C. 3771 et seq.); and (4) support the goals and objectives of— (A) the North American Waterfowl Management Plan; (B) the United States Shorebird Conservation Plan; (C) the North American Waterbird Conservation Plan; (D) the Partners in Flight North American Landbird Conservation Plan; and (E) other treaties, conventions, agreements, or strategies entered into by the United States and implemented by the Secretary that promote the conservation of migratory bird populations and their habitats. (b) Guidelines Within 180 days after the date of enactment of this Act the Secretary, through the Director, shall publish in the Federal Register guidelines for the implementation of this Act, including regarding requirements for approval of proposed Joint Ventures and administration, oversight, coordination among, and evaluation of approved Joint Ventures. (c) Coordination with states In the administration of the program authorized under this section, the Director shall coordinate and cooperate with the States to fulfill the purposes of this Act. 5. Joint Venture establishment and administration (a) Establishment (1) In general The Director, through the Program, may enter into an agreement with eligible partners described in paragraph (2) to establish a Joint Venture to fulfill one or more of the purposes set forth in paragraphs (1) through (3) of section 2(b). (2) Eligible partners The eligible partners referred to in paragraph (1) are the following: (A) Federal and State agencies with jurisdiction over migratory bird resources, their habitats, or that implement program activities that affect migratory bird habitats or the ecosystems they rely on. (B) Affected regional, local, and tribal governments, private landowners, land managers, and other private stakeholders. (C) Nongovernmental organizations with expertise in bird conservation or fish and wildlife conservation or natural resource and landscape management generally. (D) Other relevant stakeholders. (b) Management board (1) In general An agreement under this section for a Joint Venture shall establish a Management Board in accordance with this subsection. (2) Membership The Management Board shall include a diversity of members representing stakeholder interests from the appropriate geographic region, including, as appropriate, representatives from the Service and other Federal agencies that have management authority over fish and wildlife resources on public lands or in the marine environment, or that implement programs that affect migratory bird habitats, and representatives from the States, and may include— (A) regional governments and Indian tribes; (B) academia or the scientific community; (C) nongovernmental landowners or land managers; (D) nonprofit conservation or other relevant organizations with expertise in migratory bird conservation, or in fish and wildlife conservation generally; and (E) private organizations with a dedicated interest in conserving migratory birds and their habitats. (3) Functions and Responsibilities (A) Organization and operations plan A Management Board, in accordance with the guidelines published by the Director under section 4 and in coordination with the Director, shall develop, publish, and comply with a plan that specifies the organizational structure of the Joint Venture and prescribes its operational practices and procedures. (B) Administration Subject to applicable Federal and State law, the Management Board shall manage the personnel and operations of the Joint Venture, including— (i) by appointing a coordinator for the Joint Venture in consultation with the Director, to manage the daily and long-term operations of the Joint Venture; (ii) approval of other full- or part-time administrative and technical non-Federal employees as the Management Board determines necessary to perform the functions of the Joint Venture, meet objectives specified in the Implementation Plan, and fulfill the purpose of this Act; and (iii) establishment of committees, steering groups, focus groups, geographic or taxonomic groups, or other organizational entities to assist in implementing the relevant Implementation Plan. (4) Use of Service and Federal agency employees Subject to the availability of appropriations and upon the request from a Management Board, and after consultation with and approval of the Director, the head of any Federal agency may detail to the Management Board, on a reimbursable or nonreimbursable basis, any agency personnel to assist the Joint Venture in performing its functions under this Act. (c) Implementation plan (1) Submission of plan to Director Before the Director enters into an agreement to establish a Joint Venture under subsection (a), the Management Board for the Joint Venture shall submit to the Director a proposed Implementation Plan that shall contain, at a minimum, the following elements: (A) A strategic framework for migratory bird conservation that includes biological planning; conservation design; habitat restoration, protection, and enhancement; applied research; and monitoring and evaluation activities. (B) Provisions for effective communication among member participants within the Joint Venture. (C) A long-term strategy to conduct public outreach and education regarding the purposes and activities of the Joint Venture and activities to regularly communicate to the general public information generated by the Joint Venture. (D) Coordination with laws and conservation plans referred to in section 4(a)(3) and (4) that are relevant to migratory birds, and other relevant regional, national, or international initiatives identified by the Director to conserve migratory birds, their habitats, ecological functions, and associated populations of fish and wildlife. (E) An organizational plan that— (i) identifies the initial membership of the Management Board and establishes procedures for updating the membership of the Management Board as appropriate; (ii) describes the organizational structure of the Joint Venture, including proposed committees and subcommittees, and procedures for revising and updating the structure, as necessary; and (iii) provides a strategy to increase stakeholder participation or membership in the Joint Venture. (F) Procedures to coordinate the development, implementation, oversight, monitoring, tracking, and reporting of conservation actions approved by the Management Board and an evaluation process to determine overall effectiveness of activities undertaken by the Joint Venture. (G) A strategy to encourage the contribution of non-Federal financial resources, donations, gifts and in-kind contributions to support the objectives of the Joint Venture and fulfillment of the Implementation Plan. (2) Review The Director shall— (A) coordinate the review of a proposed Implementation Plan submitted under this section; and (B) ensure that such plan is circulated for review for a period not to exceed 90 days, to— (i) bureaus within the Service and other appropriate bureaus or agencies within the Department of the Interior; (ii) appropriate regional migratory bird Flyway Councils; (iii) national and international boards that oversee bird conservation initiatives under the plans specified in section 4(a)(4); (iv) relevant State agencies, regional governmental entities, and Indian tribes; (v) nongovernmental conservation organizations, academic institutions, or other stakeholders engaged in existing Joint Ventures that have knowledge or expertise of the geographic or ecological scope of the Joint Venture; and (vi) other relevant stakeholders considered necessary by the Director to ensure a comprehensive review of the proposed Implementation Plan. (3) Approval The Director shall approve an Implementation Plan submitted by the Management Board for a Joint Venture if the Director finds that— (A) the plan provides for implementation of conservation actions to conserve waterfowl and other native migratory birds and their habitats and ecosystems either— (i) in a specific geographic area of the United States; or (ii) across the range of a specific species or similar group of like species; (B) the members of the Joint Venture— (i) accept the responsibility for implementation of national or international bird conservation plans in the region of the United States to which the plan applies; and (ii) have demonstrated to the satisfaction of the Director the capacity to implement conservation actions identified in the plan, including (I) the design, funding, monitoring, and tracking of conservation projects that advance the objectives of the Joint Venture; and (II) reporting and conduct of public outreach regarding such projects; and (C) the plan maximizes, to the extent practicable, coordination with other relevant and active conservation plans or programs within the geographic scope of the Joint Venture to conserve, protect, recover, or restore migratory bird habitats and other fish and wildlife habitat within the operating region of the Joint Venture. 6. Grants and other assistance (a) In general Except as provided in subsection (b), and subject to the availability of appropriations, the Director may award grants of financial assistance to implement a Joint Venture through— (1) support of the activities of the Management Board of the Joint Venture and to pay for necessary administrative costs and services, personnel, and meetings, travel, and other business activities; and (2) support for specific conservation actions and other activities necessary to carry out the Implementation Plan. (b) Limitation A Joint Venture is not eligible for assistance or support authorized in this section unless the Joint Venture is operating under an Implementation Plan approved by the Director under section 5. (c) Conservation action grant criteria The Secretary, through the Director, within 180 days after date of enactment of this Act and after consultation with representatives from Management Boards and equivalent entities of joint ventures referred to in section 8, shall publish guidelines for determining funding allocations among joint ventures and priorities for funding among conservation action proposals to meet the purpose of this Act and respective Implementation Plans. (d) Matching requirements If a Management Board determines that two or more proposed conservation actions are of equal value toward fulfillment of the relevant Implementation Plan, priority shall be given to the action or actions for which there exist non-Federal matching contributions that are equal to or exceed the amount of Federal funds available for such action or actions. (e) Technical assistance The Secretary, through the Director, may provide technical and administrative assistance for implementation of Joint Ventures and the expenditure of financial assistance under this subsection. (f) Acceptance and use of donations The Secretary, through the Director, may accept and use donations of funds, gifts, and in-kind contributions to provide assistance under this section. 7. Reporting requirements (a) Annual reports by management boards (1) In general The Secretary, acting through the Director, shall— (A) require each Management Board to submit annual reports for all approved Joint Ventures of the Management Board; and (B) publish within 180 days after the date of enactment of this Act guidelines to implement this subsection. (2) Contents Each annual report shall include— (A) a description and justification of all conservation actions approved and implemented by the Management Board during the period covered by the report; (B) when appropriate based upon the goals and objectives of an Implementation Plan, an estimate of the total number of acres of migratory bird habitat either restored, protected, or enhanced as a result of such conservation actions; (C) the amounts and sources of Federal and non-Federal funding for such conservation actions; (D) the amounts and sources of funds expended for administrative and other expenses of the Joint Venture of the Management Board, including all donations, gifts, and in-kind contributions provided for the Joint Venture; (E) the status of progress made in achieving the strategic framework of the Implementation Plan of such Joint Venture and fulfillment of the purpose of this Act; and (F) other elements considered necessary by the Director to insure transparency and accountability by Management Boards in the implementation of its responsibilities under this Act. (b) Joint Venture Program 5 -Year reviews (1) In general The Secretary, acting through the Director, shall at 5 years after the date of enactment of this Act and at 5-year intervals thereafter, complete an objective and comprehensive review and evaluation of the Program. (2) Review contents Each review under this subsection shall include— (A) an evaluation of the effectiveness of the Program in meeting the purpose of this Act specified in section 2(b); (B) an evaluation of all approved Implementation Plans, especially the effectiveness of existing conservation strategies, priorities, and methods to meet the objectives of such plans and fulfill the purpose of this Act; and (C) recommendations to revise the Program or to amend or otherwise revise Implementation Plans to ensure that activities undertaken pursuant to this Act address the effects of climate change on migratory bird populations and their habitats, and fish and wildlife habitats, in general. (3) Consultation The Secretary, acting through the Director, in the implementation of this subsection— (A) shall consult with other appropriate Federal agencies with responsibility for the conservation or management of fish and wildlife habitat and appropriate State agencies; and (B) may consult with appropriate, Indian tribes, Flyway Councils, or regional conservation organizations, public and private landowners, members of academia and the scientific community, and other nonprofit conservation or private stakeholders. (4) Public comment The Secretary, through the Director, shall provide for adequate opportunities for general public review and comment of the Program as part of the 5-year evaluations conducted pursuant to this subsection. 8. Treatment of existing joint ventures For purposes of this Act, the Director— (1) shall treat as a Joint Venture any joint venture recognized by the Director before the date of the enactment of this Act in accordance with the United States Fish and Wildlife Services manual (721FW6); and (2) shall treat as an Implementation Plan an implementation plan adopted by the management board for such joint venture. 9. Relationship to other authorities (a) Authorities, etc. of Secretary Nothing in this Act affects authorities, responsibilities, obligations, or powers of the Secretary under any other Act. (b) State Authority Nothing in this Act preempts any provision or enforcement of a State statute or regulation relating to the management of fish and wildlife resources within such State. 10. Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to any boards, committees, or other groups established under this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1137ih/xml/BILLS-113hr1137ih.xml |
113-hr-1138 | I 113th CONGRESS 1st Session H. R. 1138 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Ms. Matsui (for herself, Ms. Schakowsky , Mrs. Christensen , Ms. Lee of California , Mr. Honda , and Mr. George Miller of California ) introduced the following bill; which was referred to the Committee on Small Business A BILL To direct the Administrator of the Small Business Administration to establish a loan guarantee program to assist small business concerns that manufacture clean energy technologies in the United States, and for other purposes.
1. Short title This Act may be cited as the Small Business Clean Energy Financing Act of 2013 . 2. Clean energy technology loan guarantee program (a) Establishment The Administrator of the Small Business Administration shall establish a program under which the Administrator is authorized to guarantee the loans of small business concerns that manufacture a clean energy technology in the United States. (b) Administration Except as otherwise specified in this section and to the extent practicable, the Administrator shall carry out the program under subsection (a) in a manner similar to the loan program under section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ). (c) Definitions In this section, the following definitions apply: (1) Clean energy technology The term clean energy technology means a technology related to the production, use, transmission, storage, control, or conservation of energy that will contribute to a stabilization of atmospheric greenhouse gas concentrations through reduction, avoidance, or sequestration of energy-related emissions and— (A) reduce the need for additional energy supplies by using existing energy supplies with greater efficiency or by transmitting, distributing, or transporting energy with greater effectiveness through the infrastructure of the United States; or (B) diversify the sources of the energy supply of the United States to strengthen energy security and to increase supplies with a favorable balance of environmental effects if the entire technology system is considered. (2) Small business concern The term small business concern has the meaning given that term under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). | https://www.govinfo.gov/content/pkg/BILLS-113hr1138ih/xml/BILLS-113hr1138ih.xml |
113-hr-1139 | I 113th CONGRESS 1st Session H. R. 1139 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Owens (for himself, Mr. Gibson , Mr. Michaud , Mr. Welch , and Mr. Tonko ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To permit aliens who lawfully enter the United States on valid visas as nonimmigrant elementary and secondary school students to attend public schools in the United States for longer than 1 year if such aliens reimburse the local educational agency that administers the school for the full, unsubsidized per capita cost of providing education at such school for the period of the alien’s attendance.
1. Short title This Act may be cited as the Strengthening America's Public Schools Through Promoting Foreign Investment Act . 2. Nonimmigrant elementary and secondary school students Section 214(m)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(m)(1)(B) ) is amended by striking unless— and all that follows through (ii) and inserting unless . | https://www.govinfo.gov/content/pkg/BILLS-113hr1139ih/xml/BILLS-113hr1139ih.xml |
113-hr-1140 | I 113th CONGRESS 1st Session H. R. 1140 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Owens 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 permit the medical expenses of dependents who have not attained age 27 to be paid from a health savings account.
1. Short title This Act may be cited as the Family Friendly HSA Improvement Act of 2013 . 2. Medical expenses of dependents who have not attained age 27 permitted to be paid from health savings accounts (a) In general Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 (defining qualified medical expenses) is amended by inserting and determined by substituting age of 27 for age of 19 in subsection (c)(3)(A)(i) thereof before ) of such individual . (b) Effective date The amendment made by this section shall apply to amounts paid from health savings accounts after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1140ih/xml/BILLS-113hr1140ih.xml |
113-hr-1141 | I 113th CONGRESS 1st Session H. R. 1141 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Sarbanes (for himself, Mr. Wittman , Ms. Norton , Mr. Grijalva , and Mr. Brady of Pennsylvania ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend section 5542 of title 5, United States Code, to provide that any hours worked by Federal firefighters under a qualified trade-of-time arrangement shall be excluded for purposes of determinations relating to overtime pay.
1. Short title This Act may be cited as the Federal Firefighter Flexibility and Fairness Act . 2. Treatment of hours worked under a qualified trade-of-time arrangement Section 5542 of title 5, United States Code, is amended by adding at the end the following: (g) (1) Notwithstanding any other provision of this section, any hours worked by a firefighter under a qualified trade-of-time arrangement shall be disregarded for purposes of any determination relating to eligibility for, or the amount of, any overtime pay under this section. (2) For purposes of this section— (A) the term qualified trade-of-time arrangement means an arrangement under which 2 firefighters who are employed by the same agency agree, solely at their option and with the approval of their employing agency, to substitute for one another during scheduled work hours in the performance of work in the same capacity; and (B) the term firefighter means a firefighter as defined by section 8331(21) or 8401(14). . | https://www.govinfo.gov/content/pkg/BILLS-113hr1141ih/xml/BILLS-113hr1141ih.xml |
113-hr-1142 | I 113th CONGRESS 1st Session H. R. 1142 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Simpson introduced the following bill; which was referred to the Committee on Natural Resources A BILL To authorize the Secretary of the Interior to permit an exchange of land between the city of Ketchum and the Blaine County School District, Idaho.
1. Authorization of exchange of land between city of Ketchum and Blaine County School District, Idaho (a) Authorization The Secretary of the Interior may authorize the Blaine County School District to exchange the parcels described in subsection (d)(1) for the parcels owned by the city of Ketchum, Idaho, described in subsection (d)(2). (b) Release Subject to subsection (c), the Secretary shall execute a release of any condition providing for a reversion of title to the United States that may be contained in the conveyance by the United States to the Blaine County School District of any parcels described in subsection (d)(1) to be exchanged pursuant to subsection (a). (c) Conditions The Secretary may not execute a release under this section unless the Blaine County School District agrees, in a form satisfactory to the Secretary, that the parcels described in subsection (d)(2) to be acquired by exchange pursuant to subsection (a) shall be subject to the conditions contained in the original conveyance by the United States to the Blaine County School District of the parcels described in subsection (d)(1), including the provision for reversion. (d) Description of lands The parcels of land referred to in subsection (a) are— (1) Lots 5, 6, 7, and 8, Block 53, Ketchum Townsite, Blaine County, Idaho; and (2) Lot 8A, Desnoyers Subdivision, and a fraction of Lots 1 and 2, Block 31, Ketchum Townsite, Blaine County, Idaho. (e) Modification of patent On completion of the exchange authorized by subsection (a), the Secretary shall amend the original Bureau of Land Management patent numbered 11–69–0013 providing for the conveyance to the Blaine County School District under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act ; 43 U.S.C. 869 et seq.), to take into account the exchange. | https://www.govinfo.gov/content/pkg/BILLS-113hr1142ih/xml/BILLS-113hr1142ih.xml |
113-hr-1143 | I 113th CONGRESS 1st Session H. R. 1143 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Stockman introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend title 18, United States Code, to require the Bureau of Prisons to provide secure storage areas on institution grounds outside the secure perimeter for employees authorized to carry a firearm.
1. Short title This Act may be cited as the Federal Correctional Workers Safety Act of 2013 . 2. Findings (1) The Law Enforcement Officers Safety Act, enacted in 2004 and later amended by the Law Enforcement Officers Safety Act Improvements Act of 2010, gives law enforcement officers, including Bureau of Prisons (BOP) employees, the right to carry a concealed firearm in all fifty States for self-protection. (2) The intent of the law is to allow law enforcement officers to protect themselves while off duty. (3) Correctional workers in the BOP have been the targets of assaults and murders while off duty. (4) While this law allows officers to protect themselves off duty, the BOP does not allow staff to carry their personal weapon on the grounds of most facilities when commuting to and from work. (5) The BOP allows carry to and from work and storage at approximately 15 facilities in the BOP, but they do not reasonably explain why they allow some BOP staff to carry on BOP property while others are not allowed. 3. Secure firearms storage in prison (a) In general Chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4049. Secure firearms storage in prison The Director of the Bureau of Prisons shall ensure that each prison facility provides a secure firearms storage area for use by all persons employed by the Bureau at the facility who are authorized to carry a firearm, or allow employees authorized to carry a firearm to store their firearm in a Bureau-approved vehicle lockbox. . (b) Clerical amendment The table of sections at the beginning of chapter 303 of title 18, United States Code, is amended by adding at the end the following: 4049. Secure firearms storage in prison. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1143ih/xml/BILLS-113hr1143ih.xml |
113-hr-1144 | I 113th CONGRESS 1st Session H. R. 1144 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Stockman introduced the following bill; which was referred to the Committee on Natural Resources A BILL To restore an opportunity for tribal economic development on terms that are equal and fair, and for other purposes.
1. Short title This Act may be cited as the Alabama-Coushatta Tribe of Texas Equal and Fair Opportunity Settlement Act . 2. Congressional findings and declaration of policy Congress finds and declares that: (a) Findings and declarations (1) It is the policy of the United States to promote tribal self-determination and economic self-sufficiency and to support the resolution of disputes over historical claims. (2) Sam Houston, as a leader in the Texas Revolution and the President of the Republic of Texas, established friendly relations with the tribes, expressed his personal appreciation for the assistance of the tribes during the fight for Texas independence, and endeavored to protect their lands and rights. (3) The United States, pursuant to Federal law and in accordance with several Federal court decisions, has affirmed the rights of tribes, including the Alabama-Coushatta Tribe of Texas ( Alabama-Coushatta Tribe ), to free and undisturbed use and occupancy of its aboriginal lands, including the right to compensation when those rights are violated. (4) The Alabama-Coushatta Tribe holds aboriginal title to land in southeastern Texas that has been subject to illegal trespass and use, depriving the Alabama-Coushatta Tribe of critical economic development opportunities, including valuable timber production and oil and gas leasing. (5) In June 2000, the United States Court of Federal Claims ruled that the Alabama-Coushatta Tribe retained aboriginal title to 5.5 million acres of land in southeastern Texas. In its decision, the Court also ruled that the United States is responsible for the Tribe's loss of use of more than 2.85 million acres. (6) In October 2002, the United States Court of Federal Claims adopted the sum of Two Hundred Seventy Million Six Hundred Thousand Dollars ($270,600,000) as the jointly stipulated amount of economic damages to be recovered by the Alabama-Coushatta Tribe from the United States. (7) There is pending before the United States District Court for the Eastern District of Texas a lawsuit by the Alabama-Coushatta Tribe, seeking declaratory and injunctive relief based on the United States failure to discharge its fiduciary duty to the Tribe. (8) Despite the Alabama-Coushatta Tribe's strongly held beliefs about the rights it possesses regarding its aboriginal lands, the Tribe has decided to forego, relinquish, waive, and otherwise disclaim any such rights, on the condition that Congress authorize a restoration of its Federal status, as hereinafter described. (9) The Congress shares with the State of Texas and the parties to this litigation a desire to empower the Alabama-Coushatta Tribe to govern its own economic future and appreciates the Tribe's willingness to forego its aboriginal rights in exchange for improved economic self-sufficiency. (10) This legislation represents a good faith effort on the part of Congress to provide the Alabama-Coushatta Tribe with an economic development opportunity under the same terms and conditions as other federally recognized Indian tribes, in exchange for the Tribe's agreement to relinquish its rights as described above. (11) In the absence of Congressional action, these land claims and related claims will be pursued through the courts, a process which in all likelihood will consume many years and thereby promote hostility and uncertainty in the State of Texas, to the ultimate detriment of the Alabama-Coushatta Tribe, its members, and all other citizens of the State of Texas. (b) Purposes It is the purpose of this subchapter— (1) to recognize the Alabama-Coushatta Tribe's loss of its aboriginal lands and the resulting loss of any economically productive use of those lands for decades; (2) to restore an economic development opportunity to the Alabama-Coushatta Tribe on terms that are equal and fair; (3) to resolve questions about the rights and obligations of those landowners in Texas that hold title subject to the Tribe's aboriginal title; and (4) to insulate the Federal Government and taxpayers from potentially greater and ongoing liability from these claims. 3. Restoration Act amendment For the purpose of restoring an economic development opportunity on terms that are equal and fair, Section 207 of the Alabama-Coushatta Tribes of Texas Restoration Act, Public Law 100–89 ( 25 U.S.C. 737 ) is hereby deleted. 4. Judgment and dismissal of litigation Not later than six months after the date of enactment, the United States and the Alabama-Coushatta Tribe of Texas shall execute and file with the United States District Court for the Eastern District of Texas in the pending litigation a motion for entry of final judgment in accordance with the terms of this subchapter. 5. Approval of prior transfers and extinguishment of claims and aboriginal title (a) Approval and ratification of prior transfers Any invalid transfer before the date of the introduction of this legislation of land or natural resources located within the State of Texas, including but not limited to transfers pursuant to a statute or treaty of, or with, any State or the United States, from, by, or on behalf of the Alabama-Coushatta Tribe of Texas, or any predecessor in interest or any of its members, shall be deemed to have been made in compliance with the Constitution and all laws of the United States. Congress hereby does approve and ratify any such invalid transfer effective as of the date of said transfer. (b) Extinguishment of aboriginal title By virtue of the approval and ratification of a transfer of land or natural resources effected by subsection (a) of this section, any aboriginal title held by the Alabama-Coushatta Tribe of Texas, or any predecessor in interest or any of its members, to any land or natural resources the transfer of which was approved and ratified by subsection (a) of this section shall be regarded as extinguished as of the date of such transfer. (c) Extinguishment of claims By virtue of the approval and ratification of a transfer of land or natural resources effected by this section, or the extinguishment of aboriginal title effected hereby, any claim (including any claim for damages for trespass or for use and occupancy) by, or on behalf of, the Alabama-Coushatta Tribe of Texas, or any predecessor in interest or any of its members, against the United States or the State of Texas which is based on— (1) any interest in or right involving any land or natural resources the transfer of which was approved and ratified by subsection (a) of this section, or (2) any aboriginal title to land or natural resources the extinguishment of which was effected by subsection (b) of this section, shall be regarded as extinguished as of the date of any such transfer. (d) Savings provisions (1) Nothing in this section shall be construed to affect or eliminate the personal claim of an individual Indian (except for a Federal common law fraud claim) which is pursued under any law of general applicability that protects non-Indians as well as Indians. (2) Nothing in this subchapter is intended to alter the status of lands held in trust by the United States on behalf of the Alabama-Coushatta Tribe of Texas. | https://www.govinfo.gov/content/pkg/BILLS-113hr1144ih/xml/BILLS-113hr1144ih.xml |
113-hr-1145 | I 113th CONGRESS 1st Session H. R. 1145 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Ms. Waters (for herself and Mr. Capuano ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To help ensure the fiscal solvency of the FHA mortgage insurance programs of the Secretary of Housing and Urban Development, and for other purposes.
1. Short title and table of contents (a) Short title This Act may be cited as the FHA Emergency Fiscal Solvency Act of 2013 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. FHA annual mortgage insurance premiums. Sec. 3. Indemnification by FHA mortgagees. Sec. 4. Early period delinquencies. Sec. 5. Semiannual actuarial studies of MMIF during periods of capital depletion. Sec. 6. Delegation of FHA insuring authority. Sec. 7. Authority to terminate FHA mortgagee origination and underwriting approval. Sec. 8. Authorization to participate in the origination of FHA-insured loans. Sec. 9. Reporting of mortgagee actions taken against other mortgagees. Sec. 10. Default and origination information by loan servicer and originating direct endorsement lender. Sec. 11. Deputy Assistant Secretary of FHA for Risk Management and Regulatory Affairs. Sec. 12. Establishment of Chief Risk Officer for GNMA. Sec. 13. Report on mortgage servicers. Sec. 14. FHA emergency capital plan. Sec. 15. FHA safety and soundness review. Sec. 16. FHA disclosure standards. Sec. 17. Report on streamlining FHA programs. Sec. 18. Budget compliance. 2. FHA annual mortgage insurance premiums (a) In general Subparagraph (B) of section 203(c)(2) of the National Housing Act ( 12 U.S.C. 1709(c)(2)(B) ) is amended— (1) in the matter preceding clause (i)— (A) by striking may and inserting shall ; (B) by striking not exceeding 1.5 percent and inserting not less than 0.55 percent ; and (C) by inserting and not exceeding 2.0 percent of such remaining insured principal balance before for the following periods: ; and (2) in clause (ii), by striking 1.55 percent and inserting 2.05 percent . (b) Effective date The amendments made by subsection (a) take effect upon the expiration of the 6-month period beginning on the date of the enactment of this Act. 3. Indemnification by FHA mortgagees Section 202 of the National Housing Act ( 12 U.S.C. 1708 ) is amended by adding at the end the following new subsection: (i) Indemnification by mortgagees (1) In general If the Secretary determines that the mortgagee knew, or should have known, of a serious or material violation of the requirements established by the Secretary with respect to a mortgage executed by a mortgagee approved by the Secretary under the direct endorsement program or insured by a mortgagee pursuant to the delegation of authority under section 256 such that the mortgage loan should not have been approved and endorsed for insurance, and the Secretary pays an insurance claim with respect to the mortgage within a reasonable period specified by the Secretary, the Secretary may require the mortgagee approved by the Secretary under the direct endorsement program or the mortgagee delegated authority under section 256 to indemnify the Secretary for the loss, irrespective of whether the violation caused the mortgage default. (2) Fraud or misrepresentation If fraud or misrepresentation was involved in connection with the origination or underwriting and the Secretary determines that the mortgagee knew or should have known of the fraud or misrepresentation, the Secretary shall require the mortgagee approved by the Secretary under the direct endorsement program or the mortgagee delegated authority under section 256 to indemnify the Secretary for the loss regardless of when an insurance claim is paid. (3) Appeals process The Secretary shall, by regulation, establish an appeals process for mortgagees to appeal indemnification determinations made pursuant to paragraph (1) or (2). (4) Requirements and procedures The Secretary shall issue regulations establishing appropriate requirements and procedures governing the indemnification of the Secretary by the mortgagee, including public reporting on— (A) the number of loans that— (i) were not originated or underwritten in accordance with the requirements established by the Secretary; and (ii) involved fraud or misrepresentation in connection with the origination or underwriting; and (B) the financial impact on the Mutual Mortgage Insurance Fund when indemnification is required. . 4. Early period delinquencies Subsection (a) of section 202 of the National Housing Act ( 12 U.S.C. 1708(a) ) is amended by adding at the end the following new paragraphs: (8) Programmatic review of early period delinquencies The Secretary shall establish and maintain a program— (A) to review the cause of each early period delinquency on a mortgage that is an obligation of the Mutual Mortgage Insurance Fund; (B) to require indemnification of the Secretary for a loss associated with any such early period delinquency that is the result of a material violation, as determined by the Secretary, of any provision, regulation, or other guideline established or promulgated pursuant to this title; and (C) to publicly report— (i) a summary of the results of all early period delinquencies reviewed under subparagraph (A); (ii) any indemnifications required under subparagraph (B); and (iii) the financial impact on the Mutual Mortgage Insurance Fund of any such indemnifications. (9) Definition of early period delinquency For purposes of this section, the term early period delinquency means, with respect to a mortgage, that the mortgage becomes 90 or more days delinquent within 24 months of the origination of such mortgage. . 5. Semiannual actuarial studies of MMIF during periods of capital depletion (a) In general Paragraph (4) of section 202(a) of the National Housing Act ( 12 U.S.C. 1708(a)(4) ) is amended— (1) in the first sentence, by inserting except as provided in subparagraph (B), after to be conducted annually, ; (2) in the second sentence, by inserting , except as provided in subparagraph (B), after annually ; (3) by striking the paragraph designation and heading and all that follows through The Secretary shall provide and inserting the following: (4) Independent actuarial study (A) Annual study The Secretary shall provide ; and (4) by adding at the end the following new subparagraph: (B) Semiannual studies during periods of capital depletion During any period that the Fund fails to maintain sufficient capital to comply with the capital ratio requirement under section 205(f)(2)— (i) the independent study required by subparagraph (A) shall be conducted semiannually and shall analyze the financial position of the Fund as of September 30 and March 31 of each fiscal year during such period; and (ii) the Secretary shall submit a report meeting the requirements of subparagraph (A) for each such semiannual study. . (b) Analysis of quarterly actuarial studies The Secretary of Housing and Urban Development shall conduct an analysis of the cost and feasibility of providing for an independent actuarial study of the Mutual Mortgage Insurance Fund on a calendar quarterly basis, which shall compare the cost and feasibility of conducting such a study on a quarterly basis as compared to a semi-annual basis and shall determine whether such an actuarial study can be conducted on a quarterly basis without substantial additional costs to the taxpayers. Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Secretary shall submit a report to the Congress setting forth the findings and conclusion of the analysis conducted pursuant to this subsection. 6. Delegation of FHA insuring authority Section 256 of the National Housing Act ( 12 U.S.C. 1715z–21 ) is amended— (1) by striking subsection (c); (2) in subsection (e), by striking , including and all that follows through by the mortgagee ; and (3) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. 7. Authority to terminate FHA mortgagee origination and underwriting approval Section 533 of the National Housing Act (12 U.S.C. 1735f–11) is amended— (1) in the first sentence of subsection (b), by inserting or areas or on a nationwide basis after area each place such term appears; and (2) in subsection (c), by striking (c) and all that follows through The Secretary in the first sentence of paragraph (2) and inserting the following: (c) Termination of mortgagee origination and underwriting approval (1) Termination authority If the Secretary determines, under the comparison provided in subsection (b), that a mortgagee has a rate of early defaults and claims that is excessive, the Secretary may terminate the approval of the mortgagee to originate or underwrite single family mortgages for any area, or areas, or on a nationwide basis, notwithstanding section 202(c) of this Act. (2) Procedure The Secretary . 8. Authorization to participate in the origination of FHA-insured loans (a) Single family mortgages Section 203(b) of the National Housing Act (12 U.S.C. 1709(b)) is amended by striking paragraph (1) and inserting the following new paragraph: (1) Have been made to a mortgagee approved by the Secretary or to a person or entity authorized by the Secretary under section 202(d)(1) to participate in the origination of the mortgage, and be held by a mortgagee approved by the Secretary as responsible and able to service the mortgage properly. . (b) Home equity conversion mortgages Section 255(d) of the National Housing Act ( 12 U.S.C. 1715z–20(d) ) is amended by striking paragraph (1) and inserting the following new paragraph: (1) have been originated by a mortgagee approved by, or by a person or entity authorized under section 202(d)(1) to participate in the origination by, the Secretary; . 9. Reporting of mortgagee actions taken against other mortgagees Section 202 of the National Housing Act (12 U.S.C. 1708), as amended by the preceding provisions of this Act, is further amended by adding at the end the following new subsection: (j) Notification of mortgagee actions The Secretary shall require each mortgagee, as a condition for approval by the Secretary to originate or underwrite mortgages on single family or multifamily housing that are insured by the Secretary, if such mortgagee engages in the purchase of mortgages insured by the Secretary and originated by other mortgagees or in the purchase of the servicing rights to such mortgages, and such mortgagee at any time takes action to terminate or discontinue such purchases from another mortgagee based on any determination or evidence of fraud or material misrepresentation in connection with the origination of such mortgages, to notify the Secretary of the action taken and the reasons for such action not later than 15 days after taking such action. . 10. Default and origination information by loan servicer and originating direct endorsement lender (a) Collection of information Paragraph (2) of section 540(b) of the National Housing Act (12 U.S.C. 1712 U.S.C. 1735f–18(b)(2)) is amended by adding at the end the following new subparagraph: (C) For each entity that services insured mortgages, data on the number of claims paid to each servicing mortgagee during each calendar quarter occurring during the applicable collection period. . (b) Applicability Information described in subparagraph (C) of section 540(b)(2) of the National Housing Act, as added by subsection (a) of this section, shall first be made available under such section 540 for the applicable collection period (as such term is defined in such section) relating to the first calendar quarter ending after the expiration of the 12-month period that begins on the date of the enactment of this Act. 11. Deputy Assistant Secretary of FHA for Risk Management and Regulatory Affairs (a) Establishment of position Subsection (b) of section 4 of the Department of Housing and Urban Development Act (42 U.S.C. 3533(b)) is amended— (1) by inserting (1) after (b) ; and (2) by adding at the end the following new paragraph: (2) There shall be in the Department, within the Federal Housing Administration, a Deputy Assistant Secretary for Risk Management and Regulatory Affairs, who shall be appointed by the Secretary and shall be responsible to the Federal Housing Commissioner for all matters relating to managing and mitigating risk to the mortgage insurance funds of the Department and ensuring the performance of mortgages insured by the Department. . (b) Termination Upon the appointment of the initial Deputy Assistant Secretary for Risk Management and Regulatory Affairs pursuant to section 4(b)(2) of the Department of Housing and Urban Development Act, as amended by subsection (a) of this section, the position of chief risk officer within the Federal Housing Administration, filled by appointment by the Federal Housing Commissioner, is abolished. 12. Establishment of Chief Risk Officer for GNMA Section 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 ) is amended by adding after subsection (g), as added by section 1442 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Public Law 111–203 ; 124 Stat. 2163), the following new subsection: (h) There shall be in the Department a Chief Risk Officer for the Government National Mortgage Association, who shall— (1) be designated by the Secretary; (2) be responsible to the President of the Association for all matters related to evaluating, managing, and mitigating risk to the programs of the Association; (3) be in the competitive service or the senior executive service; (4) be a career appointee; (5) be designated from among individuals who possess demonstrated ability in general management of, and knowledge of and extensive practical experience in risk evaluation practices in large governmental or business entities; and (6) shall not be required to obtain the prior approval, comment, or review of any officer or agency of the United States before submitting to the Congress, or any committee or subcommittee thereof, any reports, recommendations, testimony, or comments if such submission include a statement indicating that the views expressed therein are those of the Chief Risk Officer of the Association and do not necessarily represent the views of the Secretary. . 13. Report on mortgage servicers (a) Examination The Secretary of Housing and Urban Development shall conduct an examination into mortgage servicer compliance with the loan servicing, loss mitigation, and insurance claim submission guidelines of the FHA mortgage insurance programs under the National Housing Act (12 U.S.C. 1701 et seq.), and an estimate of the annual costs to the Mutual Mortgage Insurance Fund, since 2008, resulting from any failures by mortgage servicers to comply with such guidelines. (b) Report Not later than the expiration of the 120-day period that begins upon the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the results of the examination conducted pursuant to subsection (a), including recommendations for any administrative and legislative actions to improve mortgage servicer compliance with the guidelines referred to in subsection (a). 14. FHA emergency capital plan (a) Establishment Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall develop, submit to the Congress, and commence implementation of an emergency capital plan for the restoration of the fiscal solvency of the Mutual Mortgage Insurance Fund (in this section referred to as the Fund ). (b) Contents The emergency capital plan developed pursuant to this section shall— (1) provide a detailed explanation of the processes and controls by which amounts of capital that are assets of the Fund are monitored and tracked; (2) establish a plan to ensure the financial safety and soundness of the Fund that avoids the need for borrowing amounts from the Treasury of the United States to meet obligations of the Fund; and (3) describe the procedure by which, if necessary, any amounts from the Treasury needed to meet obligations of the Fund will be obtained from the Treasury. (c) Monthly reports (1) Reports Subject to paragraph (3), upon the conclusion of each calendar month ending after the 14-day period that begins on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall submit to the Congress a report assessing the financial status of the Fund at the conclusion of such month and setting forth the information described in paragraph (2). (2) Contents Each report required under paragraph (1) for a month shall contain the following information regarding the Fund as of the conclusion of such month: (A) The number of mortgages that are obligations of the Fund that are 60 or more days delinquent, the expected losses to the Fund associated with such delinquent mortgages, and the methodology used to make such calculation. (B) The number of mortgages that are obligations of the Fund that have a loan-to-value ratio at the time of origination that is less than 80 percent and the percentage of all mortgages that are obligations of the Fund having such a ratio. (C) The number of mortgages that are obligations of the Fund that had an original principal obligation exceeding 125 percent of the median house price, for a home of the size of the residence subject to the mortgage, for the area in which such residence is located, and the percentage of all mortgages that are obligations of the Fund having such an original principal obligation. (D) The number of mortgages that are obligations of the Fund for which the mortgagor’s income at the time of origination of the mortgage is greater than the median income for the area in which the residence subject to the mortgage is located, and the percentage of all mortgages that are obligations of the Fund for which the mortgagor has such an income. (E) The balances for the financing and capital reserve accounts of the Fund. (F) Any actions taken during such month to help ensure the financial soundness of the Fund and compliance with section 205(f) of the National Housing Act ( 12 U.S.C. 1711(f) ; relating to a capital ratio requirement). (3) Termination of reporting requirement The requirement to submit reports under paragraph (1) shall terminate on the first date after the date of the enactment of this Act that the Fund attains a capital ratio (as such term is defined in section 205(f)(3) of the National Housing Act) of 2.0 percent. 15. FHA safety and soundness review (a) Review The Comptroller General of the United States shall provide for an independent third party to— (1) conduct a one-time review of the mortgage insurance programs and funds of the Secretary of Housing and Urban Development that shall determine, as of the time of such review— (A) the financial safety and soundness of such programs and funds; and (B) the extent of loan loss reserves and capital adequacy of such programs and funds; and (2) to submit a report under subsection (b). Such review shall be conducted in accordance with generally accepted accounting principles applicable to the private sector and Federal entities. (b) Report The report under this subsection shall describe the methodology and standards used to conduct the review under subsection (a)(1), set forth the results and findings of the review, including the extent of loan loss reserves and capital adequacy of the mortgage insurance programs and funds of the Secretary of Housing and Urban Development, and include recommendations regarding restoring such reserves and capital to maintain such programs and funds in a safe and sound condition. (c) Timing The review required under subsection (a) shall be completed, and the report required under subsection (b) shall be submitted, not later than the expiration of the 60-day period beginning on the date of the enactment of this Act. (d) Rule of construction Nothing in this section may be construed to alter or affect, or exempt the Secretary of Housing and Urban Development from complying with, any laws, regulations, or guidance relating to preparation or submission of budgets or audits or financial or management statements or reports. 16. FHA disclosure standards Not later than the expiration of the 90-day period beginning on the date of the enactment of this Act, the Secretary of Housing and Urban Development shall review and revise all standards and requirements relating to disclosure of information regarding the mortgage insurance programs and funds, including actuarial studies conducted under section 202(a)(4) of the National Housing Act ( 12 U.S.C. 1708(a)(4) ), quarterly reports under section 202(a)(5) of such Act, and annual audited financial statements under section 538 of such Act ( 12 U.S.C. 1735f–16 ), to ensure that, after the date of the enactment of this Act, such disclosures— (1) provide meaningful financial and other information that is timely, comprehensive, and accurate; (2) do not contain any material misstatements or misrepresentations; (3) make available all relevant information; and (4) prohibit material omissions that make the contents of the disclosure misleading. 17. Report on streamlining FHA programs (a) Examination The Secretary of Housing and Urban Development shall conduct an examination of the mortgage insurance and any other programs of the Federal Housing Administration to identify— (1) the level of use and need for such programs; (2) any such programs that are unused or underused; and (3) methods for streamlining, consolidating, simplifying, increasing the efficiency of, and reducing the number of such programs. (b) Report Not later than the expiration of the 12-month period that begins upon the date of the enactment of this Act, the Secretary shall submit a report to the Congress on the results of the examination conducted pursuant to subsection (a), including recommendations for any administrative and legislative actions to streamline, consolidate, simplify, increase the efficiency of, and reduce the number of such programs. 18. Budget compliance The Secretary of Housing and Urban Development shall allocate $2,500,000 from the account for Administrative Contract Expenses each fiscal year through September 30, 2017, which amounts shall be available only for the purposes of this Act and the amendments made by this Act, including such additional actuarial reviews as may be required by section 5 of this Act and the amendments made by such section. | https://www.govinfo.gov/content/pkg/BILLS-113hr1145ih/xml/BILLS-113hr1145ih.xml |
113-hr-1146 | I 113th CONGRESS 1st Session H. R. 1146 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Whitfield (for himself, Mr. Barrow of Georgia , and Ms. Schwartz ) 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 the Public Health Service Act and title XVIII of the Social Security Act to make the provision of technical services for medical imaging examinations and radiation therapy treatments safer, more accurate, and less costly.
1. Short title This Act may be cited as the Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2013 . 2. Purpose The purpose of this Act is to improve the quality and value of health care by increasing the safety and accuracy of medical imaging examinations and radiation therapy procedures, thereby reducing duplication of services and decreasing costs. 3. Quality of medical imaging and radiation therapy Part F of title III of the Public Health Service Act ( 42 U.S.C. 262 et seq. ) is amended by adding at the end the following: 4 Medical imaging and radiation therapy 355. Quality of medical imaging and radiation therapy (a) Qualified personnel (1) In general Effective 42 months after the date of enactment of this section, personnel who furnish the technical component of either medical imaging examinations or radiation therapy procedures for medical purposes (except exempt individuals as described in paragraph (4)) shall be fully qualified under this section to furnish such services. (2) Qualifications Individuals qualified to furnish the technical component of medical imaging examinations or radiation therapy procedures shall— (A) possess current certification in the medical imaging or radiation therapy modality or service they furnish from a certification organization designated under subsection (b); or (B) possess current State licensure or certification, where— (i) such services and modalities are within the scope of practice as defined by the State for such profession; and (ii) the requirements for licensure, certification, or registration meet or exceed the standards established by the certification organization designated under subsection (b). (3) State licensure, certification, or registration (A) In general Nothing in this section shall be construed to diminish the authority of a State to define requirements for licensure, certification, or registration, the requirements for practice, or the scope of practice of personnel. (B) Limitation The Secretary shall not take any action under this section that would require licensure by a State of personnel who furnish the technical component of medical imaging examinations or radiation therapy procedures. (4) Exemptions (A) In general The qualification standards described in this subsection and the payment provisions in section 1848(b)(4)(E) of the Social Security Act shall not apply to physicians (as defined in section 1861(r) of the Social Security Act ( 42 U.S.C. 1395x(r) )) or to nurse practitioners and physician assistants (each as defined in section 1861(aa)(5) of the Social Security Act ( 42 U.S.C. 1395x(aa)(5) )). Such practitioners shall not be included under the terms personnel or qualified personnel for purposes of this section. (B) Individuals currently enrolled Individuals currently enrolled in a nuclear medicine, radiation therapy, or medical physicist training or certification program as of the date the Secretary publishes the list of approved certification organizations shall have 6 months from the date of completion of the training program to become fully qualified as required under subsection (a). (b) Designation of certification organizations (1) In general The Secretary shall establish a program for designating medical imaging or radiation therapy certification organizations that the Secretary determines have established appropriate procedures and programs for certifying personnel as qualified to furnish medical imaging or radiation therapy services. In establishing such program, the Secretary shall consult with professional organizations and recognized experts in the technical component of medical imaging and radiation therapy services. (2) Factors (A) In general When designating certification organizations under this subsection, and when reviewing or modifying the list of designated organizations for the purposes of paragraph (4)(B), the Secretary— (i) shall consider— (I) whether the certification organization has established a process for the timely integration of new medical imaging or radiation therapy services into the organization's certification program; (II) whether the certification organization has established education and continuing education requirements for individuals certified by the organization; (III) whether the certification organization is a nonprofit organization; (IV) whether the certification organization requires completion of a certification examination as a prerequisite for certification; and (V) whether the certification organization has been accredited by an accrediting body (as defined in subparagraph (B)) that is approved by the Secretary; and (ii) may consider— (I) whether the certification organization has established reasonable fees to be charged to those applying for certification; and (II) the ability of the certification organization to review applications for certification in a timely manner. (B) Accrediting body For purposes of this section, the term accrediting body means an organization that— (i) is a nonprofit organization; (ii) is a national or international organization with accreditation programs for examinations leading to certification by certification organizations; and (iii) has established standards for recordkeeping and to minimize the possibility of conflicts of interest. (3) Equivalent education, training, and experience (A) In general For purposes of this section, the Secretary shall, through regulation, provide a process for individuals whose training or experience are determined to be equal to, or in excess of, those of a graduate of an accredited educational program in that specialty to demonstrate their experience meets the educational standards for qualified personnel in their imaging modality or radiation therapy procedures. Such process may include documentation of items such as— (i) years and type of experience; (ii) a list of settings where experience was obtained; and (iii) verification of experience by supervising physicians or clinically qualified hospital personnel. (B) Eligibility The Secretary shall not recognize any individual as having met the educational standards applicable under this paragraph based on experience pursuant to the authority of subparagraph (A) unless such individual was furnishing the technical component of medical imaging examinations or radiation therapy treatments prior to the date of enactment of this section. (4) Process (A) Regulations Not later than 12 months after the date of enactment of this section, the Secretary shall promulgate regulations for designating certification organizations pursuant to this subsection. (B) Designations and list Not later than 18 months after the date of enactment of this section, the Secretary shall make determinations regarding all certification organizations that have applied for designation pursuant to the regulations promulgated under subparagraph (A), and shall publish a list of all certification organizations that have received a designation. (C) Periodic review and revision The Secretary shall periodically review the list under subparagraph (B), taking into account the factors established under paragraph (2). After such review, the Secretary may, by regulation, modify the list of certification organizations that have received such designation. (D) Withdrawal of approval The Secretary may withdraw the approval of a certification organization listed under subparagraph (B) if the Secretary determines that the body no longer meets the requirements of this subsection. (E) Certifications prior to removal from list If the Secretary removes a certification organization from the list of certification organizations designated under subparagraph (B), any individual who was certified by the certification organization during or before the period beginning on the date on which the certification organization was designated as a certification organization under such subparagraph, and ending 12 months from the date on which the certification organization is removed from such list, shall be considered to have been certified by a certification organization designated by the Secretary under such subparagraph for the remaining period that such certification is in effect. (c) Alternative standards for rural and underserved areas The chief executive officer of a State may submit to the Secretary a statement declaring that the requirements described in subsection (a) are inappropriate for application for medical imaging examinations or radiation therapy procedures that are furnished in a geographic area that is determined to be a rural area (as such term is defined for purposes of section 1886(d)(2)(D) of the Social Security Act) or that is designated as a health professional shortage area (as defined in section 332 of this Act). Upon receipt of such statement, if the Secretary deems it appropriate, the Secretary may waive the standards described in subsection (a) or develop alternative standards for such rural areas or health professional shortage areas. (d) Rule of construction Notwithstanding any other provision of this section, individuals who provide medical imaging examinations relating to mammograms shall continue to meet the regulations applicable under the Mammography Quality Standards Act of 1992. (e) Definition As used in this section: (1) Medical imaging The term medical imaging means any examination or procedure used to visualize tissues, organs, or physiologic processes in humans for the purpose of detecting, diagnosing, treating, or impacting the progression of disease or illness. For purposes of this section, such term does not include routine dental or ophthalmologic diagnostic procedures or ultrasound guidance of vascular access procedures. (2) Radiation therapy The term radiation therapy means any procedure or article intended for use in the cure, mitigation, treatment, or prevention of disease in humans that achieves its intended purpose through the emission of ionizing or non-ionizing radiation. . 4. Standards for medical imaging and radiation therapy Section 1848(b)(4) of the Social Security Act ( 42 U.S.C. 1395w–4(b)(4) ) is amended by adding at the end the following new subparagraph: (E) Standards for medical imaging and radiation therapy With respect to expenses incurred in the furnishing of the technical component of medical imaging examinations or radiation therapy procedures for medical purposes (as defined in subsection (e) of section 355 of the Public Health Service Act) on or after 42 months after date of enactment of the Consistency, Accuracy, Responsibility, and Excellence in Medical Imaging and Radiation Therapy Act of 2013 , payment shall be made under this section only if the examination or procedure is furnished by an individual who meets the standards established by the Secretary under such section 355 (other than an individual described in subsection (a)(4)(B)(i) of such section). . 5. Report on the effects of this act (a) In general Not later than 5 years after the date of enactment of this Act, the Secretary of Health and Human Services, shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Finance of the Senate, and the Committee on Energy and Commerce of the House of Representatives, a report on the effects of this Act. (b) Requirements The report under subsection (a) shall include the types and numbers of individuals qualified to furnish the technical component of medical imaging or radiation therapy services for whom standards have been developed, the impact of such standards on diagnostic accuracy and patient safety, and the availability and cost of services. Entities reimbursed for technical services through programs operating under the authority of the Secretary of Health and Human Services shall be required to contribute data to such report. | https://www.govinfo.gov/content/pkg/BILLS-113hr1146ih/xml/BILLS-113hr1146ih.xml |
113-hr-1147 | I 113th CONGRESS 1st Session H. R. 1147 IN THE HOUSE OF REPRESENTATIVES March 13, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide limitations on maritime liens on fishing permits, and for other purposes.
1. Short title This Act may be cited as the Maritime Lien Reform Act . 2. Limitation on maritime liens on fishing permit and permit description (a) In general Subchapter I of chapter 313 of title 46, United States Code, is amended by adding at the end the following: 31310. Limitation on maritime liens on fishing permit and permit description (a) In general This chapter— (1) does not establish a maritime lien on a permit that— (A) authorizes a person or use of a vessel to engage in fishing; and (B) is issued under State or Federal law; and (2) does not authorize any civil action to enforce a maritime lien on such a permit. (b) Fishing permit described A fishing permit— (1) is governed solely by the State or Federal law under which it was issued; and (2) is not included in the whole of a vessel or as an appurtenance or intangible of a vessel for any purpose. (c) Limitation on statutory construction Nothing in subsections (a) and (b) shall be construed as imposing any limitation upon the authority of the Secretary of Commerce to modify, suspend, revoke, or sanction any Federal fishery permit issued by the Secretary of Commerce or to bring a civil action to enforce such modification, suspension, revocation, or sanction. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 31309 the following: 31310. Limitation on maritime liens on fishing permit and permit description. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1147ih/xml/BILLS-113hr1147ih.xml |
113-hr-1148 | I 113th CONGRESS 1st Session H. R. 1148 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Reichert (for himself, Mr. Matheson , Mr. Olson , and Mr. Pascrell ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to provide for payment for services of qualified radiologist assistants under the Medicare program.
1. Short title This Act may be cited as the Medicare Access to Radiology Care Act of 2013 . 2. Medicare payment for qualified radiologist assistant services (a) Coverage Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)(K)— (A) by striking the semicolon at the end of clause (ii) and inserting a comma; and (B) by adding at the end the following new clause: (iii) qualified radiologist assistant services (as defined in subsection (iii)(1)), ; and (2) by adding at the end the following new subsection: (iii) Qualified Radiologist Assistant Services; Qualified Radiologist Assistant (1) The term qualified radiologist assistant services means services— (A) performed by a qualified radiologist assistant (as defined in paragraph (2)) as an employee, leased employee, or independent contractor of the supervising radiologist under the supervision (as determined by State law) of a radiologist; and (B) which the radiologist assistant is legally authorized to perform under State law (or the State regulatory mechanism provided by State law). (2) The term qualified radiologist assistant means a radiographer who is certified by the American Registry of Radiologic Technologists as a registered radiologist assistant or by the Certification Board for Radiology Practitioner Assistants as a radiology practitioner assistant to perform radiologic procedures under the supervision (as determined by State law) of a radiologist. . (b) Payment in relation to physician fee schedule (1) Payment level Section 1833(a)(1)(O) of such Act (42 U.S.C. 1395l(a)(1)(O)) is amended by inserting or qualified radiologist assistant services after or clinic nurse specialists . (2) Payment to supervising radiologist The first sentence of section 1842(b)(6) of such Act ( 42 U.S.C. 1395u(b)(6) ) is amended— (A) by striking and before (H) ; and (B) by inserting before the period at the end the following: , and (I) in the case of qualified radiologist assistant services, the payment shall be made to the supervising radiologist . (3) Rules of construction Nothing in this section, or the amendments made by this section, shall be construed as affecting— (A) coverage of and payment for the technical component (including the technical component of a global fee) with respect to imaging services under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) as in effect before the date of the enactment of this Act; or (B) the amount of payment made for physicians’ services under such title when furnished solely by a radiologist. (c) Review and report The Secretary of Health and Human Services shall conduct a review of the effect of the amendments made by this section on patient satisfaction and on the clinical and operational effectiveness of the use of radiologist assistants pursuant to such amendments, and shall submit to Congress not later than January 1, 2018, a report to Congress on such review. (d) Effective date The amendments made by this section shall apply to services furnished on or after January 1, 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr1148ih/xml/BILLS-113hr1148ih.xml |
113-hr-1149 | I 113th CONGRESS 1st Session H. R. 1149 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Whitfield (for himself, Mr. Lipinski , Mr. Cassidy , Mr. Olson , and Mr. Bachus ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Ways and Means , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for funding for construction and major rehabilitation for projects located on inland and intracoastal waterways of the United States, and for other purposes.
1. Short title This Act may be cited as the Waterways Are Vital for the Economy, Energy, Efficiency, and Environment Act of 2013 or the WAVE4 Act . 2. Findings Congress finds the following: (1) The inland waterways navigation system is vital to the economic well-being of the Nation. (2) Energy reliability and conservation are the cornerstones of the inland waterways navigation system. (3) The efficiency of the inland waterways navigation system creates the optimum transportation mode for bulk commodities in the United States. (4) The inland waterways navigation system provides for environmental protection and ecosystem sustainability. 3. Purposes In order to ensure continued safe, dependable, highly cost-effective, and environmentally sustainable navigation on the inland and intracoastal waterways of the United States, the purposes of this Act are to— (1) improve program and project management applicable to the construction and major rehabilitation of navigation projects on such waterways; (2) optimize inland waterways navigation system reliability; (3) minimize the size and scope of inland waterways navigation project completion schedules; (4) eliminate preventable delays in inland waterways navigation project completion schedules; and (5) make inland waterways navigation capital investments through use of prioritization criteria that seek to maximize system-wide benefits and minimize overall system risk. 4. Definitions In this Act: (1) Qualifying project The term qualifying project means any construction or major rehabilitation project for navigation infrastructure of the inland and intracoastal waterways that is— (A) authorized before, on, or after the date of enactment of this Act; (B) not completed as of the date of enactment of this Act; and (C) funded at least in part from the Inland Waterways Trust Fund. (2) Major rehabilitation project The term major rehabilitation project means a project for the restoration of a major project or major project feature that has an estimated cost greater than $100,000,000. 5. Project delivery process reforms The Secretary of the Army, acting through the Chief of Engineers, shall require the following: (1) Formal project management training and certification for project managers of a qualifying project. (2) Assignment as project managers for a qualifying project only of personnel fully certified by the Chief of Engineers. (3) Cost estimation that is risk-based and has a confidence level of at least 80 percent for a qualifying project. (4) Independent external peer review and submission to Congress (in the case of a feasibility report) or the Secretary (in the case of a rehabilitation evaluation report) for any qualifying project— (A) that— (i) has an estimated total project cost greater than $45,000,000; (ii) is subject to public safety concerns, as determined by the Chief of Engineers; (iii) involves a high level of complexity or novel or precedent-setting approaches, as determined by the Chief of Engineers; or (iv) is identified by the Chief of Engineers as a matter of significant interagency interest; or (B) for which such a review has been requested by the Governor of any State affected by the project. (5) Appointment to a project development team for a qualifying project of a member of the Inland Waterways Users Board, selected by the Chairman of the Users Board. (6) Communication quarterly to the Inland Waterways Users Board of the status of a qualifying project that is under construction. (7) Inclusion of the Chairman of the Inland Waterways Users Board and the project development team appointee under paragraph (5) as signatories of the project management plan for a qualifying project. (8) Establishment of a system to identify and apply on a continuing basis lessons learned from prior or ongoing projects so as to improve the likelihood of on-time and on-budget completion of qualifying projects. (9) Evaluation, including through use of one or more pilot projects, of early contractor involvement acquisition procedures to improve on-time and on-budget project delivery performance. (10) Such additional measures that the Secretary determines will achieve the purposes of this Act, including, as determined appropriate by the Secretary— (A) implementation of applicable practices and procedures drawn from the Secretary’s management of the military construction program; (B) creation of one or more centers of expertise for the design and review of qualifying projects; (C) development and use of a portfolio of standard designs for inland navigation locks; (D) use of full-funding contracts or formulation of a revised continuing contracts clause; and (E) establishment of procedures for recommending new project construction starts using a capital projects business model. 6. 20-year capital investment program (a) Program required Not later than 1 year after the date of enactment of this Act, the Secretary of the Army, working in conjunction with the Inland Waterways Users Board, shall submit to Congress a 20-year program for making capital investments on the inland and intracoastal waterways based on application of objective national project-selection prioritization criteria, as developed by the Secretary. Such program may be based on the 20-year capital investment strategy contained in the Inland Marine Transportation System (IMTS) Capital Projects Business Model, Final Report published on April 13, 2010, as approved by the Inland Waterways Users Board. (b) Annual review and update Beginning not later than 1 year after the date on which a 20-year program is submitted to Congress under subsection (a), and each year thereafter, the Secretary of the Army, working in conjunction with the Inland Waterways Users Board, shall submit to Congress an updated 20-year program. Such updated program shall include identification and explanation of any changes that were made to the prior year’s project-specific recommendations, including any changes that were made to the objective national project-selection prioritization criteria that were used to develop the updated recommendations. (c) Strategic review and update Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary of the Army, working in conjunction with the Inland Waterways Users Board, shall submit to Congress a strategic review of the capital investment program for the Inland Marine Transportation System and make such revisions to the program as the Secretary and Users Board jointly consider appropriate. 7. Cost sharing for qualifying projects (a) General rule Notwithstanding any other provision of law, and subject to subsection (b), one-half of the cost of construction of a qualifying project shall be paid only from amounts appropriated from the general fund of the Treasury, and one-half of such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund. (b) Special rule for dams Notwithstanding subsection (a), the cost of construction of a dam shall be paid only from amounts appropriated from the general fund of the Treasury. 8. Limitation on expenditures from the Inland Waterways Trust Fund Section 9506 of the Internal Revenue Code of 1986 is amended— (1) in subsection (c)(1), by— (A) inserting and subject to subsection (d), after Except as provided in paragraph (2), ; and (B) striking , as in effect on the date of the enactment of this section and inserting , provided that such expenditures may not exceed 50 percent of the total cost of the construction or rehabilitation ; and (2) by inserting at the end the following: (d) Limitation on expenditures from trust fund (1) Amounts in the Inland Waterways Trust Fund shall not be available for expenditures for— (A) construction or rehabilitation of dams; or (B) any rehabilitation expenditure that does not equal or exceed $100,000,000. (2) Amounts in the Inland Waterways Trust Fund may not be used to pay for any part of the cost to construct an authorized Federal project that exceeds the sum of— (A) the total authorized cost to construct the Federal project as specified in the Public Law that authorized construction of the project or, in the case of a rehabilitation project, in the relevant rehabilitation evaluation report; (B) an adjustment for inflation for the time that elapses between the date of the project’s authorization and the date on which construction of the project begins; and (C) an additional amount, if any, jointly agreed to by the Secretary and the Inland Waterways Users Board as appropriate to the project. . 9. Revision to inland waterways user fee Section 4042(b)(2)(A) of the Internal Revenue Code of 1986 is amended to read as follows: (A) The Inland Waterways Trust Fund financing rate is the rate determined in accordance with the following table: The tax per If the use occurs: gallon is: During 2013 20 cents After 2013 26 cents . | https://www.govinfo.gov/content/pkg/BILLS-113hr1149ih/xml/BILLS-113hr1149ih.xml |
113-hr-1150 | I 113th CONGRESS 1st Session H. R. 1150 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Ms. Slaughter introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Federal Food, Drug, and Cosmetic Act to preserve the effectiveness of medically important antimicrobials used in the treatment of human and animal diseases.
1. Short title This Act may be cited as the Preservation of Antibiotics for Medical Treatment Act of 2013 . 2. Findings The Congress finds the following: (1) (A) In 1977, the Food and Drug Administration concluded that feeding livestock low doses of antibiotics used in human disease treatment could promote the development of antibiotic-resistance in bacteria. However, the Food and Drug Administration did not act in response to these findings, despite laws requiring the agency to do so. (B) In 2012, the Food and Drug Administration was ordered by a Federal court to address the use of antibiotics in livestock, as the result of a lawsuit filed against the agency citing the agency’s failure to act in response to the 1977 findings. (2) (A) In 1998, the National Academy of Sciences noted that antibiotic-resistant bacteria generate a minimum of $4,000,000,000 to $5,000,000,000 in costs to United States society and individuals yearly. (B) In 2009, Cook County Hospital and the Alliance for Prudent Use of Antibiotics estimated that the total health care cost of antibiotic resistant infections in the United States was between $16,600,000,000 and $26,000,000,000 annually. (3) An April 1999 study by the Government Accountability Office concluded that resistant strains of 3 microorganisms that cause food-borne illness or disease in humans (Salmonella, Campylobacter, and E. coli) are linked to the use of antibiotics in animals. (4) (A) Large-scale, voluntary surveys by the Department of Agriculture’s Animal and Plant Health Inspection Service in 1999, 2001, and 2006 revealed that— (i) 84 percent of grower-finisher swine farms, 83 percent of cattle feedlots, and 84 percent of sheep farms administer antimicrobials in the feed or water for health or growth promotion reasons; and (ii) many of the antimicrobials identified are identical or closely related to drugs used in human medicine, including tetracyclines, macrolides, Bacitracin, penicillins, and sulfonamides; and (B) these drugs are used in people to treat serious diseases such as pneumonia, scarlet fever, rheumatic fever, sexually transmitted infections, skin infections, and even pandemics like malaria and plague, as well as bioterrorism agents like smallpox and anthrax. (5) (A) Any overuse or misuse of antibiotics contributes to the spread of antibiotic resistance, whether in human medicine or in agriculture. (B) Recognizing the public health threat caused by antibiotic resistance, Congress took several steps to curb antibiotic overuse in human medicine through amendments to the Public Health Service Act ( 42 U.S.C. 201 et seq. ) made by section 102 of the Public Health Threats and Emergencies Act ( Public Law 106–505 , title I; 114 Stat. 2315), but has not yet addressed antibiotic overuse in agriculture. (6) In January 2001, a Federal interagency task force— (A) released an action plan to address the continuing decline in effectiveness of antibiotics against common bacterial infections, referred to as antibiotic resistance; (B) determined that antibiotic resistance is a growing menace to all people and poses a serious threat to public health; and (C) cautioned that if current trends continue, treatments for common infections will become increasingly limited and expensive, and, in some cases, nonexistent. (7) The United States Geological Survey reported in March 2002 that— (A) antibiotics were present in 48 percent of the streams tested nationwide; and (B) almost half of the tested streams were downstream from agricultural operations. (8) The peer-reviewed journal Clinical Infectious Diseases published a report in June 2002 that— (A) was based on a 2-year review by experts in human and veterinary medicine, public health, microbiology, biostatistics, and risk analysis, of more than 500 scientific studies on the human health impacts of antimicrobial use in agriculture; and (B) recommended that antimicrobial agents should no longer be used in agriculture in the absence of disease, but should be limited to therapy for diseased individual animals and prophylaxis when disease is documented in a herd or flock. (9) In a March 2003 report, the National Academy of Sciences stated that— (A) a decrease in antimicrobial use in human medicine alone will have little effect on the current situation; and (B) substantial efforts must be made to decrease inappropriate overuse in animals and agriculture. (10) The Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. )— (A) requires that all drugs be shown to be safe before the drugs are approved; and (B) places the burden on manufacturers to account for health consequences and prove safety. (11) (A) In 2003, the Food and Drug Administration modified the drug approval process for antibiotics to recognize the development of resistant bacteria as an important aspect of safety, but most antibiotics currently used in animal production systems for nontherapeutic purposes were approved before the Food and Drug Administration began considering resistance during the drug-approval process. (B) The Food and Drug Administration has not established a schedule for reviewing those existing approvals. (12) (A) In an April 2004 report, the Government Accountability Office— (i) concluded that Federal agencies do not collect the critical data on antibiotic use in animals that they need to support research on human health risks; and (ii) recommended that the Department of Agriculture and the Department of Health and Human Services develop and implement a plan to collect data on antibiotic use in animals. (B) In a September 2011 update to that report, the Government Accountability Office— (i) concluded that Federal agencies had made limited progress in addressing antibiotic use in animals; (ii) recommended that Federal agencies fund research on alternatives to current antibiotic use practices; and (iii) recommended that Federal agencies track the effectiveness of policies that curb antibiotic resistance, including FDA’s voluntary guidelines reducing antibiotic use in food animals. (13) In 2009, the Congressional Research Service concluded that without restrictions on the use of antimicrobial drugs in the production of livestock, export markets for livestock and poultry could be negatively impacted due to restrictions on the use of antibiotics in other nations. (14) In 2010, the peer-reviewed journal Molecular Cell published a study demonstrating that low-dosage use of antibiotics causes a dramatic increase in genetic mutation, raising new concerns about the agricultural practice of using low-dosage antibiotics in order to stimulate growth promotion and routinely prevent disease in unhealthy conditions. (15) In 2010, the Danish Veterinary and Food Administration testified that the Danish ban of the nontherapeutic use of antibiotics in food animal production resulted in a marked reduction in antimicrobial resistance in multiple bacterial species, including Campylobacter and Enterococci. (16) In 2011, the Food and Drug Administration determined that— (A) 13.5 million kilograms of antibacterial drugs were sold for use on food animals in the United States in 2010; (B) 3.3 million kilograms of antibacterial drugs were used for human health in 2010; and (C) therefore, 80 percent of antibacterial drugs disseminated in the United States in 2010 were sold for use on food animals, rather than being used for human health. (17) In 2011, a review of all scientific studies on antimicrobial use in farm animals, published in Clinical Microbiology Reviews, found that— (A) use of antibiotics in food animals leads to development of reservoirs of antibiotic resistance; (B) a ban on antibiotic use in food animals would preserve their use for medicine; and (C) a Danish ban on antibiotics in food animals resulted in little change in animal morbidity and mortality, and only a modest increase in production cost. (18) In April 2012, the Food and Drug Administration issued voluntary guidance to industry on reducing antibiotic use in livestock and poultry. As part of that guidance, it summarized over 35 years of peer-reviewed scientific literature regarding use of antimicrobial drugs in livestock. As a result, FDA stated strategies for controlling antibiotic resistance are needed, and are seeking voluntarily limits on antibiotic use. (19) (A) In January 2013, Consumer Reports published test results on pork products bought in grocery stores nationwide showing disturbingly high levels of Salmonella and Yersinia enterocolitica bacteria that were resistant to the antibiotics used to treat food borne illnesses. A 2003 Consumer Report study showed similar results in poultry products. (B) The Food and Drug Administration’s National Antimicrobial Resistance Monitoring System routinely finds that retail meat products are contaminated with bacteria (including the foodborne pathogens Campylobacter and Salmonella) that are resistant to antibiotics important in human medicine. The 2011 National Antimicrobial Resistance Monitoring System report found that the percentage of meat containing antibiotic resistant bacteria increases each year and that many of these bacteria exhibit multiple antibiotic resistance. (20) Antibiotic resistance, resulting in a reduced number of effective antibiotics, may significantly impair the ability of the United States to respond to terrorist attacks involving bacterial infections or a large influx of hospitalized patients. (21) Many scientific studies confirm that the nontherapeutic use of antibiotics in agricultural animals contribute to the development of antibiotic-resistant bacterial infections in people. (22) Epidemiological research has shown that resistant Salmonella and Campylobacter infections are associated with increased numbers of ill patients and bloodstream infections, and increased death. (23) The American Medical Association, the American Public Health Association, the National Association of County and City Health Officials, and the National Sustainable Agriculture Coalition are among the over 400 organizations representing health, consumer, agricultural, environmental, humane, and other interests that have supported enactment of legislation to phase out nontherapeutic use in farm animals of medically important antimicrobials. 3. Purpose The purpose of this Act is to preserve the effectiveness of medically important antimicrobials used in the treatment of human and animal diseases. 4. Proof of safety of medically important antimicrobials (a) Applications pending or submitted after enactment Section 512(d)(1) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b(d)(1) ) is amended— (1) in the first sentence— (A) in subparagraph (H), by striking or at the end; (B) in subparagraph (I), by inserting or at the end; and (C) by inserting after subparagraph (I) the following: (J) with respect to a medically important antimicrobial (as defined in subsection (q)), the applicant has failed to demonstrate that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable, in whole or in part, to the nontherapeutic use (as defined in subsection (q)) of the medically important antimicrobial or drug; ; and (2) in the second sentence, by striking (A) through (I) and inserting (A) through (J) . (b) Phased elimination of nontherapeutic use in animals of medically important antimicrobials Section 512 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360b ) is amended by adding at the end the following: (q) Phased elimination of nontherapeutic use in animals of medically important antimicrobials (1) Applicability This paragraph applies to the nontherapeutic use in a food-producing animal of a drug— (A) that is a medically important antimicrobial; or (B) (i) for which there is in effect an approval of an application or an exemption under subsection (b), (i), or (j) of section 505; or (ii) that is otherwise marketed for human use. (2) Withdrawal The Secretary shall withdraw the approval of a nontherapeutic use in food-producing animals of a drug described in paragraph (1) on the date that is 2 years after the date of enactment of this subsection unless— (A) before the date that is 2 years after the date of the enactment of this subsection, the Secretary makes a final written determination that the holder of the approved application has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug; or (B) before the date specified in subparagraph (A), the Secretary makes a final written determination under this subsection, with respect to a risk analysis of the drug conducted by the Secretary and other relevant information, that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the drug. (3) Exemptions Except as provided in paragraph (5), if the Secretary grants an exemption under section 505(i) for a drug that is a medically important antimicrobial, the Secretary shall rescind each approval of a nontherapeutic use in a food-producing animal of the medically important antimicrobial, as of the date that is 2 years after the date on which the Secretary grants the exemption. (4) Approvals Except as provided in paragraph (5), if an application for a drug that is a medically important antimicrobial is submitted to the Secretary under section 505(b), the Secretary shall rescind each approval of a nontherapeutic use in a food-producing animal of the medically important antimicrobial, as of the date that is 2 years after the date on which the application is submitted to the Secretary. (5) Exceptions Paragraph (3) or (4), as the case may be, shall not apply if— (A) before the date on which approval would be rescinded under that paragraph, the Secretary makes a final written determination that the holder of the application for the approved nontherapeutic use has demonstrated that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use in the food-producing animal of the medically important antimicrobial; or (B) before the date specified in subparagraph (A), the Secretary makes a final written determination, with respect to a risk analysis of the medically important antimicrobial conducted by the Secretary and any other relevant information, that there is a reasonable certainty of no harm to human health due to the development of antimicrobial resistance that is attributable in whole or in part to the nontherapeutic use of the medically important antimicrobial. (6) Definition In this subsection: (A) The term medically important antimicrobial means a drug that— (i) is intended for use in food-producing animals; and (ii) is composed wholly or partly of— (I) any kind of penicillin, tetracycline, macrolide, lincosamide, streptogramin, aminoglycoside, sulfonamide, or cephalosporin; or (II) a drug from an antimicrobial class that is listed as highly important , critically important , or important by the World Health Organization in the latest edition of its publication entitled Critically Important Antimicrobials for Human Medicine (or a successor publication). (B) The term therapeutic use , with respect to a medically important antimicrobial, means the use of antimicrobials for the specific purpose of treating an animal with a documented disease or infection. Such term does not include the continued use of such an antimicrobial in the animal after the disease or infection is resolved. (C) The term nontherapeutic use — (i) means administration of antibiotics to an animal through feed and water (or, in poultry hatcheries, through any means) for purposes (such as growth promotion, feed efficiency, weight gain, or disease prevention) other than therapeutic use or nonroutine disease control; and (ii) includes any repeated or regular pattern of use of medically important antimicrobials for purposes other than therapeutic use or nonroutine disease control. (D) The term noncustomary situation does not include normal or standard practice and conditions on the premises that facilitate the transmission of disease. (E) The term nonroutine disease control means the use of antibiotics on an animal that is not sick but where it can be shown that a particular disease or infection is present, or is likely to occur because of a specific, noncustomary situation, on the premises at the barn, house, pen, or other level at which the animal is kept. . 5. Limitations on use of medically important antimicrobials for nonroutine disease control (a) Prohibited acts Section 301 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 331 ) is amended by adding at the end the following: (ccc) The administration of a medically important antimicrobial to a food-producing animal for nonroutine disease control in violation of the requirements of section 512A. . (b) Requirements Chapter V of the Federal Food, Drug, and Cosmetic Act is amended by inserting after section 512 of such Act (21 U.S.C. 360b) the following: 512A. Limitations on use of medically important antimicrobials for nonroutine disease control (a) Prohibition It shall be unlawful to administer (including by means of animal feed) a medically important antimicrobial to a food-producing animal for nonroutine disease control unless— (1) there is a significant risk that a disease or infection present on the premises will be transmitted to the food-producing animal; (2) the administration of the medically important antimicrobial to the food-producing animal is necessary to prevent or reduce the risk of transmission of the disease or infection described in paragraph (1); (3) the medically important antimicrobial is administered to the food-producing animal for nonroutine disease control for the shortest duration possible to prevent or reduce the risk of transmission of the disease or infection described in paragraph (1) to the animal; and (4) the medically important antimicrobial is administered— (A) at a scale no greater than the barn, house, or pen level; and (B) to the fewest animals possible to prevent or reduce the risk of transmission of the disease or infection described in paragraph (1). (b) Definitions In this section: (1) The term food-producing animal means a food-producing animal intended for sale in interstate commerce. (2) The terms medically important antimicrobial and nonroutine disease control have the meanings given to such terms in section 512(q). . (c) Applicability The amendments made by this section apply beginning on the date that is 6 months after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1150ih/xml/BILLS-113hr1150ih.xml |
113-hr-1151 | I 113th CONGRESS 1st Session H. R. 1151 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Royce (for himself and Mr. Engel ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To direct the Secretary of State to develop a strategy to obtain observer status for Taiwan at the triennial International Civil Aviation Organization Assembly, and for other purposes.
1. Concerning the participation of Taiwan in the International Civil Aviation Organization (a) Findings Congress makes the following findings: (1) Safe, secure, and economical international air navigation and transport is important to every citizen of the world, and safe skies are ensured through uniform aviation standards, harmonization of security protocols, and expeditious dissemination of information regarding new regulations and other relevant matters. (2) Direct and unobstructed participation in international civil aviation forums and programs is beneficial for all nations and their civil aviation authorities. Civil aviation is vital to all due to the international transit and commerce it makes possible, but must also be closely regulated due to the possible use of aircraft as weapons of mass destruction or to transport biological, chemical, and nuclear weapons or other dangerous materials. (3) The Convention on International Civil Aviation, signed in Chicago, Illinois, on December 7, 1944, and entered into force April 4, 1947, established the International Civil Aviation Organization (ICAO), stating The aims and objectives of the Organization are to develop the principles and techniques of international air navigation and to foster the planning and development of international air transport so as to . . . meet the needs of the peoples of the world for safe, regular, efficient and economical air transport. . (4) The terrorist attacks of September 11, 2001, demonstrated that the global civil aviation network is subject to vulnerabilities that can be exploited in one country to harm another. The ability of civil aviation authorities to coordinate, preempt and act swiftly and in unison is an essential element of crisis prevention and response. (5) Following the terrorist attacks of September 11, 2001, the ICAO convened a high-level Ministerial Conference on Aviation Security that endorsed a global strategy for strengthening aviation security worldwide and issued a public declaration that a uniform approach in a global system is essential to ensure aviation security throughout the world and that deficiencies in any part of the system constitute a threat to the entire global system, and that there should be a commitment to foster international cooperation in the field of aviation security and harmonize the implementation of security measures . (6) The Taipei Flight Information Region, under the jurisdiction of Taiwan, covers 180,000 square nautical miles of airspace and provides air traffic control services to over 1.2 million flights annually, with the Taiwan Taoyuan International Airport recognized as the 10th and 19th largest airport by international cargo volume and number of international passengers, respectively in 2011. (7) Despite the established international consensus regarding a uniform approach to aviation security that fosters international cooperation, exclusion from the ICAO since 1971 has impeded the efforts of the Government of Taiwan to maintain civil aviation practices that comport with evolving international standards, due to its inability to contact the ICAO for up-to-date information on aviation standards and norms, secure amendments to the organization’s regulations in a timely manner, obtain sufficient and timely information needed to prepare for the implementation of new systems and procedures set forth by the ICAO, receive technical assistance in implementing new regulations, and participate in technical and academic seminars hosted by the ICAO. (8) On October 8, 2010, the Department of State praised the 37th ICAO Assembly on its adoption of a Declaration on Aviation Security, but noted that because every airport offers a potential entry point into this global system, every nation faces the threat from gaps in aviation security throughout the world—and all nations must share the responsibility for securing that system . (9) On October 2, 2012, Taiwan became the 37th participant to join the United States Visa Waiver program, which is expected to stimulate tourism and commerce that will rely increasingly on international commercial aviation. (10) The Government of Taiwan’s exclusion from the ICAO constitutes a serious gap in global standards that should be addressed at the earliest opportunity in advance of the 38th ICAO Assembly in September 2013. (11) The Federal Aviation Administration and its counterpart agencies in Taiwan have enjoyed close collaboration on a wide range of issues related to innovation and technology, civil engineering, safety and security, and navigation. (12) The ICAO has allowed a wide range of observers to participate in the activities of the organization. (13) The United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan’s participation in appropriate international organizations and has consistently reiterated that support. (14) Senate Concurrent Resolution 17, agreed to on September 11, 2012, affirmed the sense of Congress that— (A) meaningful participation by the Government of Taiwan as an observer in the meetings and activities of the ICAO will contribute both to the fulfillment of the ICAO’s overarching mission and to the success of a global strategy to address aviation security threats based on effective international cooperation; and (B) the United States Government should take a leading role in garnering international support for the granting of observer status to Taiwan in the ICAO. (15) Following the enactment of Public Law 108–235 , a law authorizing the Secretary of State to initiate and implement a plan to endorse and obtain observer status for Taiwan at the annual summit of the World Health Assembly and subsequent advocacy by the United States, Taiwan was granted observer status to the World Health Assembly for four consecutive years since 2009. Both prior to and in its capacity as an observer, Taiwan has contributed significantly to the international community’s collective efforts in pandemic control, monitoring, early warning, and other related matters. (16) ICAO rules and existing practices allow for the meaningful participation of non-contracting countries as well as other bodies in its meetings and activities through granting of observer status. (b) Taiwan’s Participation at ICAO The Secretary of State shall— (1) develop a strategy to obtain observer status for Taiwan at the triennial ICAO Assembly—next held in September 2013 in Montreal, Canada—and other related meetings, activities, and mechanisms thereafter; and (2) instruct the United States Mission to the ICAO to officially request observer status for Taiwan at the triennial ICAO Assembly and other related meetings, activities, and mechanisms thereafter and to actively urge ICAO member states to support such observer status and participation for Taiwan. (c) Report concerning observer status for Taiwan at the ICAO assembly Not later than 30 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report, in unclassified form, describing the United States strategy to endorse and obtain observer status for Taiwan at the triennial ICAO Assembly and at subsequent ICAO Assemblies and at other related meetings, activities, and mechanisms thereafter. The report shall include the following: (1) A description of the efforts the Secretary of State has made to encourage ICAO member states to promote Taiwan’s bid to obtain observer status. (2) The steps the Secretary of State will take to endorse and obtain observer status for Taiwan in ICAO and at other related meetings, activities, and mechanisms thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr1151ih/xml/BILLS-113hr1151ih.xml |
113-hr-1152 | I 113th CONGRESS 1st Session H. R. 1152 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Enyart (for himself and Mr. Rodney Davis of Illinois ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide for the safe and reliable navigation of the Mississippi River, and for other purposes.
1. Short title This Act may be cited as the Mississippi River Navigation Sustainment Act . 2. Findings Congress finds that— (1) the Mississippi River is the largest, most famous river in the United States and a vital natural resource; (2) the Mississippi River Basin is the third largest watershed in the world, covering more than 1,000,000 square miles and approximately 40 percent of the continental United States; (3) the rivers, tributaries, and reservoirs that make up the Mississippi River Basin operate naturally as a system and any attempt to operate projects within the Mississippi River Basin by mankind should take this fact into consideration; (4) the Mississippi River is the backbone of the inland waterway system of the United States and a crucial artery for the movement of goods; (5) each year millions of tons of commodities, including grain, coal, petroleum, and chemicals, representing billions of dollars are transported on the Mississippi River by barge; (6) the Mississippi River is home to some of the busiest commercial ports in the United States, including the Port of New Orleans and the Port of St. Louis; (7) safe and reliable navigation of the Mississippi River is vital to the national economy; (8) extreme weather events pose challenges to navigation and life along the Mississippi River and are likely to become more severe and more frequent in the coming years, as evidenced by the devastating floods along the Mississippi River in 2011 and the near historic low water levels seen on the same stretch of the Mississippi River in the winter of 2012–2013; (9) the American Waterways Operators and the Waterways Council, Incorporated have estimated that a disruption of navigation on the Mississippi River due to low water levels between December 2012 and January 2013 would have negatively impacted 20,000 jobs and $7,000,000,000 in cargo; (10) the Regulating Works Program of the St. Louis District of the Corps of Engineers is critical to maintaining navigation on the middle Mississippi River during extreme weather events and should receive continued Federal financial assistance and support; and (11) the Federal Government, commercial users, and others have a shared responsibility to take steps to maintain the critical flow of goods on the Mississippi River during extreme weather events. 3. Definitions (a) Extreme weather The term extreme weather means— (1) severe flooding and drought conditions that lead to above or below average water levels; or (2) other severe weather events that threaten personal safety, property, and navigation on the inland waterways of the United States. (b) Greater Mississippi River Basin The term greater Mississippi River Basin means the area covered by hydrologic units 5, 6, 7, 8, 10, and 11, as identified by the United States Geological Survey as of the date of enactment of this Act. (c) Lower Mississippi River The term lower Mississippi River means the portion of the Mississippi River that begins at the confluence of the Ohio River and flows to the Gulf of Mexico. (d) Middle Mississippi River The term middle Mississippi River means the portion of the Mississippi River that begins at the confluence of the Missouri River and flows to the lower Mississippi River. (e) Secretary The term Secretary means the Secretary of the Army, acting through the Chief of Engineers. 4. Greater Mississippi River Basin Extreme Weather Management Study (a) In general The Secretary shall carry out a study of the Mississippi River Basin— (1) to improve the coordinated and comprehensive management of water resource projects in the greater Mississippi River Basin relating to extreme weather conditions; and (2) to evaluate the feasibility of any modifications to those water resource projects and develop new water resource projects to improve the reliability of navigation and more effectively reduce flood risk. (b) Contents The study shall— (1) identify any Federal actions necessary to prevent and mitigate the impacts of extreme weather, including changes to authorized channel dimensions, operational procedures of locks and dams, and reservoir management within the Mississippi River Basin; (2) evaluate the effect on navigation and flood risk management to the Mississippi River of all upstream rivers and tributaries, especially the confluence of the Illinois River, Missouri River, and Ohio River; (3) identify and make recommendations to remedy challenges to the Corps of Engineers presented by extreme weather, including river access, in carrying out its mission to maintain safe, reliable navigation; and (4) identify and locate natural or other potential impediments to maintaining navigation on the middle and lower Mississippi River during periods of low water, including existing industrial pipeline crossings. (c) Consultation and use of existing data In carrying out the study, the Secretary shall— (1) consult with appropriate committees of Congress, Federal, State, tribal, and local agencies, environmental interests, river navigation industry representatives, other shipping and business interests, organized labor, and nongovernmental organizations; (2) to the maximum extent practicable, use data in existence on the date of enactment of this Act; and (3) incorporate lessons learned and best practices developed as a result of past extreme weather events, including major floods and the successful effort to maintain navigation during the near historic low water levels on the Mississippi River during the winter of 2012–2013. (d) Cost-Sharing The Federal share of the cost of carrying out the study under this section shall be 100 percent. (e) Report Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report on the study carried out under this section. 5. Mississippi River forecasting improvements (a) In general The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating, the Director of the United States Geological Survey, the Administrator of the National Oceanic and Atmospheric Administration, and the Director of the National Weather Service, as applicable, shall improve forecasting on the Mississippi River by— (1) updating forecasting technology deployed on the Mississippi River and its tributaries through— (A) the construction of additional automated river gages; (B) the rehabilitation of existing automated and manual river gages; and (C) the replacement of manual river gages with automated gages, as the Secretary determines to be necessary; (2) constructing additional sedimentation ranges on the Mississippi River and its tributaries; and (3) deploying additional automatic identification system base stations at river gage sites. (b) Prioritization In carrying out this section, the Secretary shall prioritize the sections of the Mississippi River on which additional and more reliable information would have the greatest impact on maintaining navigation on the Mississippi River. (c) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report on the activities carried out by the Secretary under this section. 6. Corps of Engineers flexibility in maintaining navigation (a) In general If the Secretary determines it to be critical to maintaining safe and reliable navigation, the Secretary— (1) in consultation with the department in which the Coast Guard is operating, may construct ingress and egress paths to docks, loading facilities, fleeting areas, and other critical locations outside of the authorized navigation channel on the Mississippi River; and (2) operate and maintain, through dredging and construction of river training structures, ingress and egress paths to loading docks and fleeting areas outside of the authorized navigation channel on the Mississippi River. (b) Mitigation The Secretary may mitigate through dredging any incidental impacts to loading or fleeting areas outside of the authorized navigation channel on the Mississippi River that result from operation and maintenance of the authorized channel. 7. Middle Mississippi River environmental pilot program (a) In general In accordance with the project for navigation, Mississippi River between the Ohio and Missouri Rivers (Regulating Works), Missouri and Illinois, authorized by the Act of June 25, 1910 (36 Stat. 631, chapter 382) (commonly known as the River and Harbor Act of 1910 ), the Act of January 1, 1927 (44 Stat. 1010, chapter 47) (commonly known as the River and Harbor Act of 1927 ), and the Act of July 3, 1930 (46 Stat. 918, chapter 847), the Secretary shall carry out for a period of not less than 10 years, a pilot program to restore and protect fish and wildlife habitat in the middle Mississippi River. (b) Authorized activities (1) In general As part of the pilot program carried out under subsection (a), the Secretary shall conduct any activities that are necessary to improve navigation through the project while restoring and protecting fish and wildlife habitat in the middle Mississippi River. (2) Inclusions Activities authorized under paragraph (1) shall include— (A) the modification of navigation training structures; (B) the modification and creation of side channels; (C) the modification and creation of islands; (D) any studies and analyses necessary to develop adaptive management principles; and (E) the acquisition from willing sellers of any land associated with a riparian corridor needed to carry out the goals of the pilot program. (c) Cost-Sharing requirement The cost-sharing requirements under the provisions of law described in subsection (a) for the project described in that subsection shall apply to any activities carried out under this section. 8. Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as are necessary. | https://www.govinfo.gov/content/pkg/BILLS-113hr1152ih/xml/BILLS-113hr1152ih.xml |
113-hr-1153 | I 113th CONGRESS 1st Session H. R. 1153 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mrs. Bustos (for herself and Mr. Rodney Davis of Illinois ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To establish a pilot program to evaluate the cost-effectiveness of allowing non-Federal interests to carry out certain water infrastructure projects, and for other purposes.
1. Short title This Act may be cited as the Water Infrastructure Now Public-Private Partnership Act or the WIN P3 Act . 2. Findings Congress finds that— (1) investment in water infrastructure is critical to protecting property and personal safety through flood, hurricane, and storm damage reduction activities; (2) investment in infrastructure on the inland waterways of the United States is critical to the economy of the United States through the maintenance of safe, reliable, and efficient navigation for recreation and the movement of billions of dollars in goods each year; (3) fiscal challenges facing Federal, State, local, and tribal governments require new and innovative financing structures to continue robust investment in public water infrastructure; (4) under existing fiscal restraints and project delivery processes, large-scale water infrastructure projects like the lock and dam modernization on the upper Mississippi River and Illinois River will take decades to complete, with benefits for the lock modernization not expected to be realized until 2047; (5) the Corps of Engineers has an estimated backlog of more than $60,000,000,000 in outstanding projects; and (6) in developing innovative financing options for water infrastructure projects, any prior public investment in projects must be protected. 3. Water infrastructure now pilot program (a) In general The Secretary of the Army, acting through the Chief of Engineers, shall establish a pilot program to evaluate the cost-effectiveness and project delivery efficiency of allowing non-Federal interests to carry out authorized flood damage reduction, hurricane and storm damage reduction, and navigation projects. (b) Purposes The purposes of the pilot program are— (1) to identify project delivery and cost-saving alternatives that reduce the backlog of authorized Corps of Engineers projects; (2) to evaluate the technical, financial, and organizational efficiencies of a non-Federal interest carrying out the design, execution, management, and construction of 1 or more projects; and (3) to evaluate alternatives for the decentralization of the project planning, management, and operational decisionmaking processes of the Corps of Engineers. (c) Administration (1) In general In carrying out the pilot program, the Secretary shall— (A) identify a total of not more than 15 flood damage reduction, hurricane and storm damage reduction, and navigation projects, including levees, floodwalls, flood control channels, water control structures, and navigation locks and channels, authorized for construction; (B) notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives upon the identification of each project under the pilot program; (C) in consultation with the non-Federal interest, develop a detailed project management plan for each identified project that outlines the scope, budget, design, and construction resource requirements necessary for the non-Federal interest to execute the project, or a separable element of the project; (D) on the request of the non-Federal interest, enter into a project partnership agreement with the non-Federal interest for the non-Federal interest to provide full project management control for construction of the project, or a separable element of the project, in accordance with plans approved by the Secretary; (E) following execution of the project partnership agreement, transfer to the non-Federal interest to carry out construction of the project, or a separable element of the project— (i) if applicable, the balance of the unobligated amounts appropriated for the project, except that the Secretary shall retain sufficient amounts for the Corps of Engineers to carry out any responsibilities of the Corps of Engineers relating to the project and pilot program; and (ii) additional amounts, as determined by the Secretary, from amounts made available under section 5, except that the total amount transferred to the non-Federal interest shall not exceed the estimate of the Federal share of the cost of construction, including any required design; and (F) regularly monitor and audit each project being constructed by a non-Federal interest under this section to ensure that the construction activities are carried out in compliance with the plans approved by the Secretary and that the construction costs are reasonable. (2) Restrictions Of the projects identified by the Secretary— (A) not more than 12 projects shall— (i) have received Federal funds and experienced delays or missed scheduled deadlines in the 5 fiscal years prior to the date of enactment of this Act; or (ii) for more than 2 consecutive fiscal years, have an unobligated funding balance for that project in the Corps of Engineers construction account; and (B) not more than 3 projects shall— (i) have not received Federal funding for recapitalization and modernization in the period beginning on the date on which the project was authorized and ending on the date of enactment of this Act; and (ii) be, in the determination of the Secretary, significant to the national economy as a result of the impact the project would have on the national transportation of goods. (3) Technical assistance On the request of a non-Federal interest, the Secretary may provide technical assistance to the non-Federal interest, if the non-Federal interest contracts with the Secretary for the technical assistance and compensates the Secretary for the technical assistance, relating to— (A) any study, engineering activity, and design activity for construction carried out by the non-Federal interest under this section; and (B) obtaining any permits necessary for the project. (4) Waivers (A) In general For any project included in the pilot program, the Secretary may waive or modify any applicable Federal regulations for that project if the Secretary determines that such a waiver would provide public and financial benefits, including expediting project delivery and enhancing efficiency while maintaining safety. (B) Notification The Secretary shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives each time the Secretary issues a waiver or modification under subparagraph (A). (d) Public benefit study (1) In general Before entering into a project partnership agreement under this section, the Secretary shall enter into an arrangement with an independent third party to conduct an assessment of whether, and provide justification that, the proposed partnership agreement would represent a better public and financial benefit than a similar transaction using public funding or financing. (2) Contents The study under paragraph (1) shall— (A) be completed by the third party in a timely manner and in a period of not more than 90 days; (B) take into consideration any supporting materials and data submitted by the Secretary, the nongovernmental party to the proposed project partnership agreement, and other stakeholders; and (C) recommend whether the project partnership agreement will be in the public interest by determining whether the agreement will provide public and financial benefits, including expedited project delivery and savings to taxpayers. (e) Cost share Nothing in this Act affects the cost-sharing requirement applicable on the day before the date of enactment of this Act to a project carried out under this Act. (f) Report (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing the results of the pilot program carried out under this section, including any recommendations of the Secretary concerning whether the program or any component of the program should be implemented on a national basis. (2) Update Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an update of the report described in paragraph (1). (g) Administration All laws (including regulations) that would apply to the Secretary if the Secretary were carrying out the project shall apply to a non-Federal interest carrying out a project under this Act. (h) Termination of authority The authority to commence a project under this Act terminates on the date that is 5 years after the date of enactment of this Act. 4. Applicability Nothing in this Act authorizes or permits the privatization of any Federal asset. 5. Authorization of appropriations There are authorized to be appropriated to the Secretary to carry out this Act such sums as are necessary. | https://www.govinfo.gov/content/pkg/BILLS-113hr1153ih/xml/BILLS-113hr1153ih.xml |
113-hr-1154 | I 113th CONGRESS 1st Session H. R. 1154 IN THE HOUSE OF REPRESENTATIVES March 14, 2013 Mr. Polis (for himself, Mr. Cartwright , Mr. Holt , Mr. Blumenauer , Mr. Capuano , Ms. Chu , Mr. Connolly , Mr. Ellison , Mr. Grijalva , Mr. Hastings of Florida , Mr. Honda , Mr. Huffman , Mr. Keating , Mr. Langevin , Ms. Lee of California , Ms. Lofgren , Mr. Lowenthal , Mrs. Lowey , Mrs. Carolyn B. Maloney of New York , Mr. McDermott , Ms. Meng , Mr. Moran , Mr. Nadler , Ms. Norton , Mr. Peters of Michigan , Ms. Pingree of Maine , Mr. Pocan , Mr. Price of North Carolina , Mr. Quigley , Mr. Sarbanes , Ms. Schakowsky , Ms. Slaughter , Mr. Smith of Washington , Mr. Tonko , Ms. Tsongas , Mr. Farr , Mr. Van Hollen , and Ms. Edwards ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act to eliminate the exemption for aggregation of emissions from oil and gas sources, and for other purposes.
1. Short title This Act may be cited as the Bringing Reductions to Energy’s Airborne Toxic Health Effects Act or the BREATHE Act . 2. Repeal of exemption for aggregation of emissions from oil and gas sources Section 112(n) of the Clean Air Act (42 U.S.C. 7412(n)) is amended by striking paragraph (4). 3. Hydrogen sulfide as a hazardous air pollutant The Administrator of the Environmental Protection Agency shall— (1) not later than 180 days after the date of enactment of this Act, issue a final rule adding hydrogen sulfide to the list of hazardous air pollutants under section 112(b) of the Clean Air Act (42 U.S.C. 7412(b)); and (2) not later than 365 days after a final rule under paragraph (1) is issued, revise the list under section 112(c) of such Act ( 42 U.S.C. 7412(c) ) to include categories and subcategories of major sources and area sources of hydrogen sulfide, including oil and gas wells. | https://www.govinfo.gov/content/pkg/BILLS-113hr1154ih/xml/BILLS-113hr1154ih.xml |
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