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113-hr-1455 | I 113th CONGRESS 1st Session H. R. 1455 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Thompson of Mississippi (for himself, Mrs. Lowey , and Mr. Richmond ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To prohibit subsidiaries of foreign-owned corporations from obtaining contracts for the performance of passenger and baggage security screening at domestic commercial airports, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Contract Screener Reform and Accountability Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Reform Sec. 101. Prohibition of screening by subsidiary of a foreign-owned corporation. Sec. 102. Competition for private screening contracts. Sec. 103. Prohibition on certain subcontracting. Sec. 104. Flexibility in approving airport operator applications. Sec. 105. Enhanced standards for application assessments. Sec. 106. Timeline for awarding a contract for screening services. Sec. 107. Prohibition on bonuses and other awards. Sec. 108. Cost analysis. Sec. 109. Customer service. Sec. 110. Information on transition plans. Title II—Oversight Sec. 201. Enhanced oversight. Sec. 202. Security breaches. Sec. 203. Covert testing of contract screener performance. Sec. 204. Contracting prohibition for compromising covert security testing. Sec. 205. Proper handling of sensitive security information. Title III—Workforce Protections Sec. 301. Job and benefit protections. Sec. 302. Retention and discipline. Sec. 303. Protections for reporting deficiencies, waste, or vulnerabilities. I Reform 101. Prohibition of screening by subsidiary of a foreign-owned corporation Subsection (d) of section 44920 of title 49, United States Code, is amended— (1) by striking (d) and all that follows through The Under Secretary may enter and inserting the following: (d) Standards for private screening companies The Under Secretary may enter ; (2) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively, and moving such paragraphs two ems to the left; and (3) by striking paragraph (2). 102. Competition for private screening contracts Section 44920 of title 49, United States Code, is amended by striking subsection (h). 103. Prohibition on certain subcontracting Section 44920 of title 49, United States Code, as amended by section 102 of this Act, is further amended by adding at the end the following new subsection: (h) Prohibition on certain subcontracting The Under Secretary is prohibited from entering into any contract for screening services under this section that would allow for the screening services to be performed by a subcontractor. . 104. Flexibility in approving airport operator applications Paragraph (2) of section 44920(b) of title 49, United States Code, is amended by striking shall and inserting may . 105. Enhanced standards for application assessments Paragraph (2) of section 44920(b) of title 49, United States Code, is amended by inserting before the period at the end the following: and at airports nationwide . 106. Timeline for awarding a contract for screening services Subsection (b) of section 44920 of title 49, United States Code, is amended by adding at the end the following new paragraph: (4) Timeline for awarding a contract for screening services (A) In general Not later than 270 days after approving an application under paragraph (1), the Under Secretary shall award a contract to a qualified private screening company in accordance with subsections (c) and (d). (B) Notification If the Under Secretary is unable to make an award in accordance with subparagraph (A), the Under Secretary shall notify the airport operator that submitted the application at issue of the determination and the basis for such determination, and about eligibility for reapplication in accordance with subsection (a). . 107. Prohibition on bonuses and other awards Section 44920 of title 49, United States Code, as amended by section 105 of this Act, is further amended by adding at the end the following new subsection: (i) Prohibition on bonuses and other awards The Under Secretary is prohibited from providing funding to any private screening company that provides screening services at an airport in excess of the amount required for the performance of such screening services. . 108. Cost analysis Section 44920 of title 49, United States Code, as amended by section 107 of this Act, is further amended by adding at the end the following new subsection: (j) Cost analysis (1) In general Not later than 180 days after the date of the enactment of this subsection, the Comptroller General shall provide to the Under Secretary guidance on how to conduct an analysis of the total annual cost incurred by the Federal Government with respect to screening services provided by private screening companies. (2) Action Not later than 180 days after receipt of the guidance described in paragraph (1) and annually thereafter, the Under Secretary shall utilize such guidance to identify costs incurred by the Federal Government as a result of overseeing the performance of private screening companies, compared with costs incurred by the Under Secretary at airports that utilize Federal Government personnel for passenger and baggage screening. . 109. Customer service Section 44920 of title 49, United States Code, as amended by section 108 of this Act, is further amended by adding at the end the following new subsection: (k) Customer service Each airport operator utilizing contract passenger and baggage screeners employed by a private screening company shall prominently display signs in the immediate vicinity of the passenger screening area notifying the flying public that passenger and baggage screening at that airport is conducted by contract screening personnel and not by Federal Government personnel. Such signs shall also display a contact number and Internet website address maintained by such private screening company for a passenger to report complaints about his or her screening experience. Each private screening company with a contract for screening services at an airport shall track all such passenger complaints and regularly report such information to the Under Secretary through, to the maximum extent practicable, the contracting officer of each such private screening company. The Under Secretary shall report such information to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate upon request. . 110. Information on transition plans Subsection (b) of section 44920 of title 49, United States Code, as amended by section 106, is further amended by adding at the end the following new paragraph: (5) Transition Not later than 90 days after an airport operator provides notice to the Under Secretary of the decision of such airport operator to discontinue the use of screening personnel of a qualified private screening company and use Transportation Security Officers for screening services at the airport operated by such airport operator, the Under Secretary shall provide such airport operator with information on how the Under Secretary intends to carry out the transition of screening services, including an anticipated timeline and key benchmarks. . II Oversight 201. Enhanced oversight Section 44920 of title 49, United States Code, as amended by section 109 of this Act, is further amended by adding at the end the following new subsection: (l) Enhanced oversight Not later than 180 days after the date of the enactment of this subsection, the Under Secretary shall develop and implement a system to be carried out, to the maximum extent practicable, by the contracting officer who oversees each respective private screening company providing screening services at an airport, to enhance monitoring of performance of each such private screening company. The system shall, at a minimum, provide year-to-year information about performance by each such private screening company, and be in a format to provide for comparison with airports in the same category whose screening services are provided by Federal Government personnel with respect to detection rates of threats and threat image tests, recertification pass rates, covert performance assessments, and evaluations used to assess screener performance on various elements that may affect security and a passenger’s overall travel experience. . 202. Security breaches Section 44920 of title 49, United States Code, as amended by section 201 of this Act, is further amended by adding at the end the following new subsection: (m) Security breaches (1) In general A private screening company shall regularly report to the Under Secretary each security breach at an airport where baggage and passenger screening is conducted by such a private screening company. Each such report shall include— (A) a detailed description of each security breach; (B) information regarding where each such breach occurred; (C) information regarding law enforcement notification and response; and (D) any corrective action taken in response to each such breach. (2) Annual reports The Under Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual report containing the information required pursuant to paragraph (1), including the definition of security breach used by the Under Secretary for purposes of this subsection. To the extent practicable, the report shall be presented in a non-classified format with a classified appendix where necessary. . 203. Covert testing of contract screener performance Section 44920 of title 49, United States Code, as amended by section 202 of this Act, is further amended by adding at the end the following new subsection: (n) Covert testing The Comptroller General of the United States shall conduct annual covert testing of airports where private screening companies provide screening services. To the extent practicable, such covert testing shall be conducted at one airport with contract screener personnel within each airport category that was not the subject of covert testing by another Federal entity during the same year. The Comptroller General shall submit to the Under Secretary and to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains the results of such covert testing. To the extent practicable, each such report shall be presented in a non-classified format with a classified appendix where necessary. . 204. Contracting prohibition for compromising covert security testing Subsection (d) of section 44920 of title 49, United States Code, as amended by section 101 of this Act is further amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (3) on or after the date of the enactment of this paragraph, neither the private screening company, nor its parent company, if applicable, has compromised any covert security testing by notifying individuals employed by such private screening company that such covert testing was occurring, or otherwise been found to have knowingly compromised covert testing conducted pursuant to subsection (n) or any other covert test conducted by the Inspector General of the Department of Homeland Security, the Comptroller General of the United States, or the Under Secretary. . 205. Proper handling of sensitive security information Section 44920 of title 49, United States Code, as amended by section 203 of this Act, is further amended by adding at the end the following new subsection: (o) Proper handling of sensitive security information The Under Secretary shall require each private screening company that provides screening services at airports to provide all individuals employed by such private screening company with annual training for the proper handling of all sensitive information, including sensitive security information. . III Workforce Protections 301. Job and benefit protections Subsection (c) of section 44920 of title 49, United States Code, is amended to read as follows: (c) Qualified private screening company (1) In general Beginning on the date of the enactment of this subsection, a private screening company is qualified to provide screening services at an airport under this section if the company will only employ individuals to provide such services who meet all the requirements of this chapter applicable to Federal Government personnel who perform screening services at airports under this chapter, will provide the right of first refusal to existing Federal Government personnel, and presume that the personnel who perform screening services at airports and are in good standing are qualified under this subsection, and will offer such individuals employment with compensation and other benefits that is equal to or greater than the level of compensation and other benefits that such individuals were provided by the Federal Government at the time the contract was awarded. (2) Rule of construction Nothing in this subsection may be construed to require any private screening company that is a qualified private screening company as of the date that is one day before the date of the enactment of this subsection to implement paragraph (1) with respect to any contract that was entered into with the Under Secretary before the date of the enactment of this subsection. . 302. Retention and discipline Section 44920 of title 49, United States Code, as amended by section 205 of this Act, is further amended by adding at the end the following new subsection: (p) Retention and discipline Each private screening company with a contract for screening services under this section that provides screening services at an airport under this section shall, on a monthly basis, provide the Under Secretary with information on retention rates of screeners and supervisory personnel employed by each such private screening company at each such airport, and a detailed description of adverse employment actions taken against any of such screeners or supervisory personnel at each such airport. The Under Secretary shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, upon request by either of such Committees, a report containing the information required under this subsection. . 303. Protections for reporting deficiencies, waste, or vulnerabilities (a) In general Section 44920 of title 49, United States Code, as amended by section 302 of this Act, is further amended by adding at the end the following new subsection: (q) Protections for reporting deficiencies (1) In general Not later than 90 days after the date of the enactment of this subsection, the Under Secretary shall establish a process by which any person may submit to the Under Secretary a report regarding problems, deficiencies, waste, or vulnerabilities with respect to screening services provided at an airport where such services are provided by a private screening company. (2) Confidentiality The Under Secretary shall keep confidential the identity of a person who submits a report under paragraph (1), and any such report shall be treated as protected information. (3) Acknowledgment of receipt If a report submitted under paragraph (1) identifies the person submitting such report, the Under Secretary shall respond promptly to such person to acknowledge receipt of such report. (4) Steps to address problems The Under Secretary shall review and consider the information provided in any report submitted under paragraph (1) and shall, as necessary, take appropriate steps under this title to address any problem, deficiency, waste, or vulnerability identified in such report. (5) Retaliation prohibited (A) Prohibition No private screening company may discharge any employee or otherwise discriminate against any employee with respect to such employee’s compensation, terms, conditions, or other privileges of employment because such employee (or any person acting pursuant to a request of such employee)— (i) notified the Under Secretary of any problem, deficiency, waste, or vulnerability; (ii) refused to engage in any practice made unlawful by this title, if such employee has identified the alleged illegality to such employer; (iii) testified before or otherwise provided information relevant for Congress or for any Federal or State proceeding regarding any provision (or proposed provision) of this title; (iv) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this title; (v) testified or is about to testify in any such proceeding; or (vi) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other manner in such a proceeding or in any other action to carry out the purposes of this title. (B) Suspension If the Under Secretary determines that any private screening company has engaged in retaliation in violation of subparagraph (A), the Under Secretary shall suspend the contract of such private screening company to provide screening services. . (b) Rule of construction Nothing in subsection (q) of section 44920 of title 49, United States Code, as added by subsection (a) of this section, may be construed as in any manner affecting any other provision of law relating to protections for the reporting of problems, deficiencies, waste, or vulnerabilities, including protections against retaliation related thereto. | https://www.govinfo.gov/content/pkg/BILLS-113hr1455ih/xml/BILLS-113hr1455ih.xml |
113-hr-1456 | I 113th CONGRESS 1st Session H. R. 1456 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Cole (for himself, Mr. Mullin , Mr. Long , and Mr. Latta ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To make improvements to the Children’s Gasoline Burn Prevention Act.
1. Amendment to the Children’s Gasoline Burn Prevention Act Section 2 of the Children’s Gasoline Burn Prevention Act ( Public Law 110–278 ; 122 Stat. 2602) is amended— (1) in the heading, by striking Child-Resistant Portable Gasoline Containers and inserting Portable Fuel Container Standards ; (2) by striking subsection (b) and inserting the following new subsection: (b) Requirements Effective 6 months after the date of enactment of this Act, each portable fuel container manufactured on or after that date for sale in the United States shall conform to the provisions of ASTM standards F852–08, F2517–09, F839–83 (2006), F976–08, F926–02 (2007), as they are by their terms applicable to gasoline, kerosene, or diesel portable fuel containers, as issued by ASTM International. ; (3) in subsection (c), by striking gasoline each place that it appears; and (4) in subsection (d), by striking child resistance requirements of ASTM F2517–05 and inserting provisions of any standard described in subsection (b), . | https://www.govinfo.gov/content/pkg/BILLS-113hr1456ih/xml/BILLS-113hr1456ih.xml |
113-hr-1457 | I 113th CONGRESS 1st Session H. R. 1457 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Farenthold introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To provide that certain establishments of the Federal Government shall submit to the Committees on Appropriations budget plans that reflect a 5 percent reduction from the amount proposed for such an establishment in the President’s budget submission, and for other purposes.
1. Short title This Act may be cited as the Fiscal Instruction for a Vibrant Economy Act or the FIVE Act . 2. Reduced operating budgets (a) Submission For fiscal year 2013, not later than 30 days after the date of enactment of this Act, and for fiscal year 2014 and each subsequent fiscal year, not later than 30 days after the date on which the President submits to Congress the budget of the United States Government under section 1105(a) of title 31, United States Code, each establishment of the Federal Government listed under subsection (b) shall submit to the Committees on Appropriations of the House of Representatives and the Senate an operating budget (for the fiscal year covered by the President’s most recent budget submission) that reflects a 5 percent reduction from the amount requested for such establishment in such submission. (b) Establishment of the Federal Government The establishments of the Federal Government to which this section applies are as follows: (1) The Department of Agriculture. (2) The Department of Commerce. (3) The Department of Defense. (4) The Department of Education. (5) The Department of Energy. (6) The Department of Health and Human Services. (7) The Department of Homeland Security. (8) The Department of Housing and Urban Development. (9) The Department of the Interior. (10) The Department of Justice. (11) The Department of Labor. (12) The Department of State and United States Agency for International Development. (13) The Department of Transportation. (14) The Department of the Treasury. (15) The Department of Veterans Affairs. (16) The National Aeronautics and Space Administration. (17) The National Science Foundation. (18) Administrative Office of the United States Courts. (19) Each agency funded under the heading Executive Office of the President and Funds Appropriated to the President in regular appropriations Acts. (20) The Federal Communications Commission. (21) The General Services Administration. (22) The Office of Personnel Management. (23) The National Archives and Records Administration. (24) The Securities and Exchange Commission. (25) The Small Business Administration. (26) The Environmental Protection Agency. (27) The Indian Health Service. (28) The Smithsonian Institution. (29) The Social Security Administration. (30) The Corporation for National and Community Service. (31) The Corporation for Public Broadcasting. (32) The Food and Drug Administration. (33) The Commodity Futures Trading Commission. (34) The Central Intelligence Agency. (35) The National Security Agency. (36) The National Reconnaissance Office. (37) The Defense Intelligence Agency. (38) The National Geospatial Intelligence Agency. (39) The Office of the Director of National Intelligence. | https://www.govinfo.gov/content/pkg/BILLS-113hr1457ih/xml/BILLS-113hr1457ih.xml |
113-hr-1458 | I 113th CONGRESS 1st Session H. R. 1458 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Garrett (for himself, Mr. Andrews , Mr. LoBiondo , Mr. Runyan , Mr. Smith of New Jersey , Mr. Pallone , Mr. Lance , Mr. Sires , Mr. Pascrell , Mr. Payne , Mr. Frelinghuysen , and Mr. Holt ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To designate the facility of the United States Postal Service located at 1 Walter Hammond Place in Waldwick, New Jersey, as the Staff Sergeant Joseph D’Augustine Post Office Building .
1. Staff Sergeant Joseph D’Augustine Post Office Building (a) Designation The facility of the United States Postal Service located at 1 Walter Hammond Place in Waldwick, New Jersey, shall be known and designated as the Staff Sergeant Joseph D’Augustine Post Office Building . (b) References Any reference in a law, map, regulation, document, paper or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Staff Sergeant Joseph D’Augustine Post Office Building . | https://www.govinfo.gov/content/pkg/BILLS-113hr1458ih/xml/BILLS-113hr1458ih.xml |
113-hr-1459 | I 113th CONGRESS 1st Session H. R. 1459 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Bishop of Utah (for himself, Mr. Gosar , Mr. Chaffetz , Mr. Walden , Mr. Pearce , Mrs. Lummis , Mr. Amodei , and Mr. Stewart ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To ensure that the National Environmental Policy Act of 1969 applies to the declaration of national monuments, and for other purposes.
1. Short title This Act may be cited as the Ensuring Public Involvement in the Creation of National Monuments Act . 2. NEPA applicability to national monument declarations Section 2 of the Act of June 8, 1906 (16 U.S.C. 431; commonly known as the Antiquities Act of 1906 ) is amended— (1) by striking That the President and inserting the following: (a) That the President ; (2) by striking discretion, to declare and inserting discretion, subject to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), to declare ; (3) by inserting before the final period the following . No more than one declaration shall be made in a State during any presidential four-year term of office without an express Act of Congress ; and (4) by adding at the end the following: (b) A declaration under this section shall— (1) not include private property without the informed written consent of the owner of the private property affected by the declaration; (2) be considered a major Federal action under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), if it affects more than 5,000 acres; (3) be categorically excluded under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) and expire three years after the date of the declaration (unless specifically designated as a monument by Federal law), if it affects 5,000 acres or less; and (4) be followed by a feasibility study that includes an estimate of the costs associated with managing the monument in perpetuity, including any loss of Federal and State revenue, which shall be submitted to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate and made available on the website of the Department of the Interior not later than one year after the date of the declaration. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1459ih/xml/BILLS-113hr1459ih.xml |
113-hr-1460 | I 113th CONGRESS 1st Session H. R. 1460 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Graves of Missouri (for himself, Mrs. Hartzler , Mr. Luetkemeyer , and Mr. Long ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Chief of the Army Corps of Engineers to revise certain authorized purposes described in the Missouri River Mainstem Reservoir System Master Water Control Manual.
1. Master water control manual revision Not later than 90 days after the date of enactment of this Act, the Secretary of the Army, acting through the Chief of the Army Corps of Engineers, shall revise the Missouri River Mainstem Reservoir System Master Water Control Manual and any related regulations to delete fish and wildlife as an authorized purpose of the Corps. | https://www.govinfo.gov/content/pkg/BILLS-113hr1460ih/xml/BILLS-113hr1460ih.xml |
113-hr-1461 | I 113th CONGRESS 1st Session H. R. 1461 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Goodlatte (for himself, Mr. Scalise , Mr. Matheson , Mr. Flores , Mr. Graves of Georgia , Mr. Sam Johnson of Texas , Mr. Lankford , Mr. Nunes , Mr. Olson , Mr. Sensenbrenner , Mr. Westmoreland , Mr. Valadao , and Mr. Weber of Texas ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To repeal the renewable fuel program of the Environmental Protection Agency.
1. Short title This Act may be cited as the Renewable Fuel Standard Elimination Act . 2. Repeal of renewable fuel program Section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ) is repealed. | https://www.govinfo.gov/content/pkg/BILLS-113hr1461ih/xml/BILLS-113hr1461ih.xml |
113-hr-1462 | I 113th CONGRESS 1st Session H. R. 1462 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Goodlatte (for himself, Mr. Womack , Mr. Costa , Mr. Welch , Mr. Campbell , Mr. Crawford , Mr. Cuellar , Mr. Farenthold , Mr. Graves of Georgia , Mr. Griffin of Arkansas , Mr. Harris , Mr. Hurt , Mr. LaMalfa , Mr. Long , Mr. Matheson , Mr. Moran , Mr. Pitts , Mr. Austin Scott of Georgia , Mr. Sensenbrenner , Mr. Westmoreland , Mr. Valadao , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act to eliminate certain requirements under the renewable fuel program, to prohibit the Administrator of the Environmental Protection Agency from approving the introduction into commerce of gasoline that contains greater than 10-volume-percent ethanol, and for other purposes.
1. Short title This Act may be cited as the RFS Reform Act of 2013 . 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Renewable Fuel Standard Amendments Sec. 101. Amendments to the Clean Air Act. Sec. 102. Cellulosic biofuel requirement based on actual production. Sec. 103. Reduction in applicable volume of renewable fuel corresponding to certain reductions in applicable volume of biomass-based diesel. Sec. 104. Applicability and regulations. Title II—Gasoline containing greater than 10-volume-percent ethanol Sec. 201. Prohibition of gasoline blends with greater than 10-volume-percent ethanol. Sec. 202. Prohibition of waivers. Sec. 203. Misfueling rule. I Renewable Fuel Standard Amendments 101. Amendments to the Clean Air Act (a) Revised definition of renewable fuel (1) In general Section 211(o)(1)(J) of the Clean Air Act (42 U.S.C. 7545(o)(1)(J)) is amended to read as follows: (J) Renewable fuel The term renewable fuel means fuel that— (i) is produced from renewable biomass; (ii) is used to replace or reduce the quantity of fossil fuel present in a transportation fuel; and (iii) beginning on January 1, 2014, is advanced biofuel. . (2) Conforming amendment Section 211(o)(1)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(1)(B)(i)) is amended by striking renewable fuel and inserting fuel described in clauses (i) and (ii) of subparagraph (J) . (b) Applicable volumes Section 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended— (1) in the table in subclause (I)— (A) by striking 18.15 and inserting 3.75 ; (B) by striking 20.5 and inserting 5.5 ; (C) by striking 22.25 and inserting 7.25 ; (D) by striking 24.0 and inserting 9.0 ; (E) by striking 26.0 and inserting 11.0 ; (F) by striking 28.0 and inserting 13.0 ; (G) by striking 30.0 and inserting 15.0 ; (H) by striking 33.0 and inserting 18.0 ; and (I) by striking 36.0 and inserting 21.0 ; (2) in subclause (II)— (A) in the matter preceding the table, by striking 2022 and inserting 2013 ; and (B) in the table, by striking the items relating to calendars years 2014 through 2022; (3) in subclause (III), by striking of the volume of advanced biofuel required under subclause (II) and inserting of the volume of advanced biofuel required for calendar years 2010 through 2013 under subclause (II), as in effect on the day before the date of enactment of the Renewable Fuel Standard Amendments Act, and of the volume of renewable fuel required for calendar years 2014 through 2022 under the subclause (I) ; and (4) in subclause (IV), by inserting , as in effect on the day before the date of enactment of the Renewable Fuel Standard Amendments Act after of the volume of advanced biofuel required under subclause (II) . (c) Conforming amendments (1) Other calendar years Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended— (A) in clause (ii)(III), by striking advanced biofuels in each category (cellulosic biofuel and biomass-based diesel) and inserting cellulosic biofuel and biomass-based diesel ; (B) by striking clause (iii); and (C) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively. (2) Applicable percent reduction level Section 211(o)(4) of the Clean Air Act ( 42 U.S.C. 7545(o)(4) ) is amended— (A) in subparagraph (E), by striking 20, 50, or 60 percent reduction levels and inserting applicable percent reduction level ; and (B) in subparagraph (F), by inserting (if applicable) after (2)(A)(i) . (3) Waivers Section 211(o)(7) of the Clean Air Act ( 42 U.S.C. 7545(o)(7) ) is amended— (A) in subparagraph (D)(i), by inserting , if such year is before 2014, before advanced biofuels ; and (B) in subparagraph (E)(ii), by inserting , if such year is before 2014, before advanced biofuels . 102. Cellulosic biofuel requirement based on actual production (a) Provision of estimate of volumes of cellulosic biofuel Section 211(o)(3)(A) of the Clean Air Act ( 42 U.S.C. 7545(o)(3)(A) ) is amended— (1) by inserting (i) before Not later than ; and (2) by adding at the end the following new clause: (ii) (I) In determining any estimate under clause (i), with respect to the following calendar year, of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), the Administrator of the Energy Information Administration shall— (aa) for each cellulosic biofuel production facility that is producing (and continues to produce) cellulosic biofuel during the period of January 1 through October 31 of the calendar year in which the estimate is made (in this clause referred to as the current calendar year )— (AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during such period; and (BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year; and (bb) for each cellulosic biofuel production facility that begins initial production of (and continues to produce) cellulosic biofuel after January 1 of the current calendar year— (AA) determine the average monthly volume of cellulosic biofuel produced by such facility, based on the actual volume produced by such facility during the period beginning on the date of initial production of cellulosic biofuel by the facility and ending on October 31 of the current calendar year; and (BB) based on such average monthly volume of production, determine the estimated annualized volume of cellulosic biofuel production for such facility for the current calendar year. (II) An estimate under clause (i) with respect to the following calendar year of the projected volume of cellulosic biofuel production (as described in paragraph (7)(D)(i)), shall be equal to the total of the estimated annual volumes of cellulosic biofuel production for all cellulosic biofuel production facilities described in subclause (I) for the current calendar year. . (b) Reduction in applicable volume Section 211(o)(7)(D)(i) of the Clean Air Act ( 42 U.S.C. 7545(o)(7)(D)(i) ), as amended by section 101(c)(3)(A), is further amended by— (1) striking based on the and inserting using the exact ; (2) striking may also reduce and inserting shall also reduce ; and (3) striking by the same or a lesser volume and inserting by the same volume . 103. Reduction in applicable volume of renewable fuel corresponding to certain reductions in applicable volume of biomass-based diesel Section 211(o)(7)(E)(ii) of the Clean Air Act ( 42 U.S.C. 7545(o)(7)(E)(ii) ) is amended by striking may also reduce and inserting shall reduce . 104. Applicability and regulations The amendments made by this title to section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ) shall apply only with respect to calendar years 2014 and after, except that the Administrator of the Environmental Protection Agency shall promulgate regulations to carry out such amendments not later than 1 year after the date of enactment of this Act, and take any steps necessary to ensure such amendments may be carried out for calendar years 2014 and after. II Gasoline containing greater than 10-volume-percent ethanol 201. Prohibition of gasoline blends with greater than 10-volume-percent ethanol Notwithstanding any other provision of law, the Administrator of the Environmental Protection Agency may not, including by granting a waiver under section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)), authorize or otherwise allow the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol. 202. Prohibition of waivers (a) In general Any waiver granted under section 211(f)(4) of the Clean Air Act ( 42 U.S.C. 7545(f)(4) ) before the date of enactment of this Act that allows the introduction into commerce of gasoline containing greater than 10-volume-percent ethanol for use in motor vehicles shall have no force or effect. (b) Certain waivers The waivers described in subsection (a) include the following: (1) The waiver entitled, Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator , 75 Fed. Reg. 68094 (November 4, 2010). (2) The waiver entitled, Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator , 76 Fed. Reg. 4662 (January 26, 2011). 203. Misfueling rule The portions of the rule entitled, Regulation to Mitigate the Misfueling of Vehicles and Engines with Gasoline Containing Greater Than Ten Volume Percent Ethanol and Modifications to the Reformulated and Conventional Gasoline Programs , 76 Fed. Reg. 44406 (July 25, 2011) to mitigate misfueling shall have no force and effect 60 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1462ih/xml/BILLS-113hr1462ih.xml |
113-hr-1463 | I 113th CONGRESS 1st Session H. R. 1463 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Carson of Indiana (for himself, Mr. Rangel , Mr. Hastings of Florida , Mr. McGovern , Mr. Ryan of Ohio , Mr. Lowenthal , Mr. Grijalva , Mr. Takano , and Mr. Enyart ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to improve the mental health assessments provided to members of the Armed Forces deployed in support of a contingency operation.
1. Short title This Act may be cited as the Military Suicide Reduction Act . 2. Mental health assessments for members of the Armed Forces deployed in support of a contingency operation (a) Increased assessments Subsection (a) of section 1074m of title 10, United States Code, is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (B) by inserting after subparagraph (A) the following new subparagraph (B): (B) Once during each 180-day period in which the member is so deployed. ; and (2) in paragraph (2), by striking subparagraph (B) and (C) and inserting subparagraphs (C) and (D) . (b) Deployment assessments by medical professionals Subsection (c) of such section is amended— (1) in paragraph (1), by striking The mental health and inserting Except as provided by paragraph (3), the mental health ; and (2) by adding at the end the following new paragraph: (3) (A) If the Secretary determines that a mental health assessment conducted under subsection (a)(1)(B) cannot be performed by an individual described in clause (i) or (ii) of paragraph (1)(A), the Secretary shall ensure that the mental health assessment is conducted using an Internet-based questionnaire. (B) After a member completes a questionnaire conducted under subparagraph (A), the immediate commanding officer of the member shall complete a separate Internet-based questionnaire regarding the observations of the commanding officer with respect to the mental health of the member. The commanding officer may not have access to the questionnaire of the member conducted under subparagraph (A). (C) The Secretary shall ensure that the questionnaires conducted under subparagraphs (A) and (B) to assess a member are combined and such combined document is reviewed and acted upon by personnel described in paragraph (1)(A) in the same manner as an assessment conducted pursuant to subparagraph (A), (C), or (D) of subsection (a)(1). (D) Nothing in this paragraph may be construed to treat a questionnaire conducted under subparagraph (A) or subparagraph (B) as being exempt from Department of Defense Directive 6025.18, a successor directive, or any other relevant regulation regarding privacy prescribed pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191). . (c) Uniform standards assessments Such section is amended— (1) in subsection (c)(1)(D), by striking consistent and inserting uniform ; and (2) in subsection (f)(1), by adding at the end the following new sentence: Such regulations shall ensure that this section is carried out in a uniform manner among the military departments. . (d) Conforming amendment Subsection (d) of such section is amended by striking subsection (a)(1)(C) and inserting subsection (a)(1)(D) . | https://www.govinfo.gov/content/pkg/BILLS-113hr1463ih/xml/BILLS-113hr1463ih.xml |
113-hr-1464 | I 113th CONGRESS 1st Session H. R. 1464 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Carson of Indiana (for himself, Mr. Rangel , Ms. Wilson of Florida , Mr. Conyers , Ms. Moore , Mr. Bucshon , and Mr. McGovern ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide notice to members of the Armed Forces, beginning with recruit basic training and the initial training of officer candidates, regarding the availability of mental health services, to help eliminate perceived stigma associated with seeking and receiving mental health services, and to clarify the extent to which information regarding a member seeking and receiving mental health services may be disclosed.
1. Short title This Act may be cited as the Military Mental Health Empowerment Act . 2. Provision of information to members of the Armed Forces on availability of mental health services and related privacy rights (a) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1090a the following new section: 1090b. Notice to members of the armed forces of the availability of mental health services and privacy rights related to receipt of such services (a) Provision of information required The Secretaries of the military departments shall ensure that the information described in subsection (b) is provided— (1) to each officer candidate during initial training; (2) to each recruit during basic training; and (3) to other members of the armed forces at such times as the Secretary of Defense considers appropriate. (b) Required information The information required to be provided under subsection (a) shall include at a minimum the following: (1) Information regarding the availability of mental health services under this chapter. (2) Information on the applicability of Department of Defense Directive 6025.18 and other regulations regarding privacy prescribed pursuant to the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ) to records regarding a member seeking and receiving mental health services, including the extent to which— (A) any such records can be shared with promotion boards, commanding officers, and other members of the armed forces; (B) any adverse actions can be taken against the member for seeking and receiving mental health services; and (C) a diagnosis of a mental health condition can result in negative personnel action. (c) Reduction of perceived stigma As provided in section 1090a(b)(1) of this title, in providing information under subsection (a), the Secretary of a military department shall seek to eliminate perceived stigma associated with seeking and receiving mental health services and to promote the use of mental health services on a basis comparable to the use of other medical and health services. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1090a the following new item: 1090b. Notice to members of the armed forces of the availability of mental health services and privacy rights related to receipt of such services. . (c) Provision of information to current members As soon as practicable after the date of the enactment of this Act, the Secretary of Defense shall ensure that all members of the Armed Forces, including members of the reserve components, serving in the Armed Forces as of that date are provided the information required to be provided to new recruits and officer candidates pursuant to section 1090b of title 10, United States Code, as added by subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-113hr1464ih/xml/BILLS-113hr1464ih.xml |
113-hr-1465 | I 113th CONGRESS 1st Session H. R. 1465 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Gibson (for himself and Mr. Thompson of California ) 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 energy investment credit for energy storage property connected to the grid, and for other purposes.
1. Short title This Act may be cited as the Storage Technology for Renewable and Green Energy Act of 2013 or the STORAGE 2013 Act . 2. Energy investment credit for energy storage property connected to the grid (a) Up to 30 percent credit allowed Subparagraph (A) of section 48(a)(2) of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of subclause (IV) of clause (i), (2) by striking clause (i) in clause (ii) and inserting clause (i) or (ii) , (3) by redesignating clause (ii) as clause (iii), and (4) by inserting after clause (i) the following new clause: (ii) as provided in subsection (c)(5)(D), up to 30 percent in the case of qualified energy storage property, and . (b) Qualified energy storage property Subsection (c) of section 48 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (5) Qualified energy storage property (A) In general The term qualified energy storage property means property— (i) which is directly connected to the electrical grid, and (ii) which is designed to receive electrical energy, to store such energy, and— (I) to convert such energy to electricity and deliver such electricity for sale, or (II) to use such energy to provide improved reliability or economic benefits to the grid. Such term may include hydroelectric pumped storage and compressed air energy storage, regenerative fuel cells, batteries, superconducting magnetic energy storage, flywheels, thermal energy storage systems, and hydrogen storage, or combination thereof, or any other technologies as the Secretary, in consultation with the Secretary of Energy, shall determine. (B) Minimum capacity The term qualified energy storage property shall not include any property unless such property in aggregate has the ability to sustain a power rating of at least 1 megawatt for a minimum of 1 hour. (C) Electrical grid The term electrical grid means the system of generators, transmission lines, and distribution facilities which— (i) are under the jurisdiction of the Federal Energy Regulatory Commission or State public utility commissions, or (ii) are owned by— (I) the Federal government, (II) a State or any political subdivision of a State, (III) an electric cooperative that is eligible for financing under the Rural Electrification Act of 1936 ( 7 U.S.C. 901 et seq. ), or (IV) any agency, authority, or instrumentality of any one or more of the entities described in subclause (I) or (II), or any corporation which is wholly owned, directly or indirectly, by any one or more of such entities. (D) Allocation of credits (i) In general In the case of qualified energy storage property placed in service during the taxable year, the credit otherwise determined under subsection (a) for such year with respect to such property shall not exceed the amount allocated to such project under clause (ii). (ii) National limitation and allocation There is a qualified energy storage property investment credit limitation of $1,500,000,000. Such limitation shall be allocated by the Secretary among qualified energy storage property projects selected by the Secretary, in consultation with the Secretary of Energy, for taxable years beginning after the date of the enactment of the STORAGE 2013 Act , except that not more than $40,000,000 shall be allocated to any project for all such taxable years. (iii) Selection criteria In making allocations under clause (ii), the Secretary, in consultation with the Secretary of Energy, shall select only those projects which have a reasonable expectation of commercial viability, select projects representing a variety of technologies, applications, and project sizes, and give priority to projects which— (I) provide the greatest increase in reliability or the greatest economic benefit, (II) enable the greatest improvement in integration of renewable resources into the grid, or (III) enable the greatest increase in efficiency in operation of the grid. (iv) Deadlines (I) In general If a project which receives an allocation under clause (ii) is not placed in service within 2 years after the date of such allocation, such allocation shall be invalid. (II) Special rule for hydroelectric pumped storage Notwithstanding subclause (I), in the case of a hydroelectric pumped storage project, if such project has not received such permits or licenses as are determined necessary by the Secretary, in consultation with the Secretary of Energy, within 3 years after the date of such allocation, begun construction within 5 years after the date of such allocation, and been placed in service within 8 years after the date of such allocation, such allocation shall be invalid. (III) Special rule for compressed air energy storage Notwithstanding subclause (I), in the case of a compressed air energy storage project, if such project has not begun construction within 3 years after the date of the allocation and been placed in service within 5 years after the date of such allocation, such allocation shall be invalid. (IV) Exceptions The Secretary may extend the 2-year period in subclause (I) or the periods described in subclauses (II) and (III) on a project-by-project basis if the Secretary, in consultation with the Secretary of Energy, determines that there has been a good faith effort to begin construction or to place the project in service, whichever is applicable, and that any delay is caused by factors not in the taxpayer's control. (E) Review and redistribution (i) Review Not later than 4 years after the date of the enactment of the STORAGE 2013 Act , the Secretary shall review the credits allocated under subparagraph (D) as of the date of such review. (ii) Redistribution Upon the review described in clause (i), the Secretary may reallocate credits allocated under subparagraph (D) if the Secretary determines that— (I) there is an insufficient quantity of qualifying applications for certification pending at the time of the review, or (II) any allocation made under subparagraph (D)(ii) has been revoked pursuant to subparagraph (D)(iv) because the project subject to such allocation has been delayed. (F) Disclosure of allocations The Secretary shall, upon making an allocation under subparagraph (D)(ii), publicly disclose the identity of the applicant, the location of the project, and the amount of the credit with respect to such applicant. (G) Termination No credit shall be allocated under subparagraph (D) for any period ending after December 31, 2020. . (c) Effective date The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). 3. Energy storage property connected to the grid eligible for new clean renewable energy bonds (a) In general Paragraph (1) of section 54C(d) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Qualified renewable energy facility The term qualified renewable energy facility means a facility which is— (A) (i) a qualified facility (as determined under section 45(d) without regard to paragraphs (8) and (10) thereof and to any placed in service date), or (ii) a qualified energy storage property (as defined in section 48(c)(5)), and (B) owned by a public power provider, a governmental body, or a cooperative electric company. . (b) Effective date The amendment made by this section shall apply to obligations issued after the date of the enactment of this Act. 4. Energy investment credit for onsite energy storage (a) Credit allowed Clause (i) of section 48(a)(2)(A) of the Internal Revenue Code of 1986, as amended by this Act, is amended— (1) by striking and at the end of subclause (III), (2) by inserting and at the end of subclause (IV), and (3) by adding at the end the following new subclause: (V) qualified onsite energy storage property, . (b) Qualified onsite energy storage property Subsection (c) of section 48 of the Internal Revenue Code of 1986, as amended by this Act, is amended by adding at the end the following new paragraph: (6) Qualified onsite energy storage property (A) In general The term qualified onsite energy storage property means property which— (i) provides supplemental energy to reduce peak energy requirements primarily on the same site where the property is located, or (ii) is designed and used primarily to receive and store, firm, or shape variable renewable or off-peak energy and to deliver such energy primarily for onsite consumption. Such term may include thermal energy storage systems and property used to charge plug-in and hybrid electric vehicles if such property or vehicles are equipped with smart grid equipment or services which control time-of-day charging and discharging of such vehicles. Such term shall not include any property for which any other credit is allowed under this chapter. (B) Minimum capacity The term qualified onsite energy storage property shall not include any property unless such property in aggregate— (i) has the ability to store the energy equivalent of at least 20 kilowatt hours of energy, and (ii) has the ability to have an output of the energy equivalent of 4 kilowatts of electricity for a period of 5 hours. (C) Limitation In the case of qualified onsite energy storage property placed in service during the taxable year, the credit otherwise determined under subsection (a) for such year with respect to such property shall not exceed $1,000,000. . (c) Effective date The amendments made by this section shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). 5. Credit for residential energy storage equipment (a) Credit allowed Subsection (a) of section 25D of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of paragraph (4), (2) by striking the period at the end of paragraph (5) and inserting , and , and (3) by adding at the end the following new paragraph: (6) 30 percent of the qualified residential energy storage equipment expenditures made by the taxpayer during such taxable year, and . (b) Qualified residential energy storage equipment expenditures Section 25D(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (6) Qualified residential energy storage equipment expenditures For purposes of this section, the term qualified residential energy storage equipment expenditure means an expenditure for property— (A) which is installed in or on a dwelling unit located in the United States and owned and used by the taxpayer as the taxpayer's principal residence (within the meaning of section 121), or on property owned by the taxpayer on which such a dwelling unit is located, (B) which— (i) provides supplemental energy to reduce peak energy requirements primarily on the same site where the property is located, or (ii) is designed and used primarily to receive and store, firm, or shape variable renewable or off-peak energy and to deliver such energy primarily for onsite consumption, and (C) which— (i) has the ability to store the energy equivalent of at least 2 kilowatt hours of energy, and (ii) has the ability to have an output of the energy equivalent of 500 watts of electricity for a period of 4 hours. Such term may include thermal energy storage systems and property used to charge plug-in and hybrid electric vehicles if such property or vehicles are equipped with smart grid equipment or services which control time-of-day charging and discharging of such vehicles. Such term shall not include any property for which any other credit is allowed under this chapter. . (c) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1465ih/xml/BILLS-113hr1465ih.xml |
113-hr-1466 | I 113th CONGRESS 1st Session H. R. 1466 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Ms. Lee of California introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish the Social Work Reinvestment Commission to provide independent counsel to Congress and the Secretary of Health and Human Services on policy issues associated with recruitment, retention, research, and reinvestment in the profession of social work, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Dorothy I. Height and Whitney M. Young, Jr. Social Work Reinvestment Act . (b) Table of Contents Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—Social Work Reinvestment Commission Sec. 101. Establishment of Commission. Sec. 102. Appointment of Commission members. Sec. 103. Purposes and duties of Commission. Sec. 104. Powers of the Commission. Sec. 105. Compensation for Commission members. Sec. 106. Termination of the Commission. Sec. 107. Authorization of appropriations. TITLE II—Reinvestment Grant Programs to Support Social Work Profession Sec. 201. Workplace improvement grants. Sec. 202. Research grants. Sec. 203. Education and training grants. Sec. 204. Community-based programs of excellence grants. Sec. 205. National coordinating center. Sec. 206. Multimedia outreach campaign. 2. Findings Congress finds the following: (1) The United States economy has faced formidable obstacles since the country entered an economic recession in 2008. Homeowners face challenges with high mortgage delinquency and foreclosure, unemployment is high, particularly for the most vulnerable in society, and poverty continues to rise, as the rate stood at 15 percent in 2011, the highest rate since 1994. Joblessness and economic insecurity contribute to the incidence of mental illness, family violence, suicide, substance abuse, crime, and diminished capacity for health, family, and community functioning. Social workers form society’s social safety net. They provide assistance, guidance, and resources to individuals, families, and communities in poverty. They understand the devastating costs and consequences of poverty and unemployment and provide direct services in order to prevent and abate economic inequality. (2) The Bureau of Labor Statistics states that employment for social workers is expected to increase faster than the average for all occupations through the year 2018, demonstrating a substantial need for social workers. (3) Social work salaries are among the lowest for professionals in general and for those with master’s level education in particular. According to the National Association of Social Workers Center for Workforce Studies, 60 percent of full-time social workers earn between $35,000 and $59,999 per year. Social workers who earn lower salaries are more likely to work in challenging agency environments, serve more vulnerable clients, and leave the profession. (4) The Department of Education stated that 72 percent of students graduating from Master of Social Work programs incurred debt to earn their graduate degree. The average debt was approximately $35,500. (5) Social workers often deal with the most vulnerable clients in emotional or traumatic situations, and face possible danger as a result. The National Association of Social Workers Center for Workforce Studies found that 44 percent of survey respondents faced personal safety issues on the job. The Occupational Safety and Health Administration states that 48 percent of assaults occur in the health care and social services industry. (6) The Alzheimer’s Association of America states that 5,300,000 Americans, or 1 in every 8 individuals over the age of 65, have Alzheimer’s disease. Social workers in gerontology settings work with older adults, including those with dementia, to support their physiological, psychological, and social needs through mental health therapy, caregiver and family counseling, health education, program coordination, and case management. (7) The Children’s Defense Fund states that every 41 seconds a child is confirmed as abused or neglected and every 6 hours a child is killed from abuse or neglect. The Administration for Children and Families of the Department of Health and Human Services states that 423,000 children were in the United States foster care system in 2009. Most children placed in foster care are placed due to parental abuse or neglect. Research shows that professional social workers employed in child welfare agencies are more likely to find permanent homes for children who were in foster care for 2 or more years. Unfortunately, fewer than 40 percent of child welfare workers are professional social workers. (8) The Department of Health and Human Services estimates that 26.2 percent of (or 1 in 4) individuals in the United States age 18 or older experiences a diagnosable mental health disorder. Additionally, 1 in 5 children and adolescents experiences a mental health disorder. At least 1 in 10, or about 6,000,000, young people have a serious emotional disturbance. Social workers provide the majority of mental health counseling services in the United States, and are often the only providers of such services in rural areas. (9) Social workers working with veterans and their families provide case management, crisis interventions, mental health interventions, housing and financial counseling, high-risk screening, and advocacy, among other services. The Department of Veterans Affairs, which is the largest employer of social workers (over 10,000 of whom are Master’s prepared) in the Nation, estimates that there are 22,658,000 veterans in the United States. A once-declining veteran population is now surging and is in dire need of mental health treatment to address issues such as post-traumatic stress disorder, depression, drug and alcohol addiction, and suicidal tendencies. (10) The American Cancer Society estimates that there were 1,529,560 new cases of cancer and 569,490 deaths, or 1,500 deaths a day, in 2010 alone. The Centers for Disease Control and Prevention report that there are over 1,000,000 people living with HIV or AIDS in the United States, with approximately 56,300 new cases diagnosed each year. In 2009, 1,560,000 people received care from the Nation’s hospice providers. Health care and medical social workers practice in areas related to all of these circumstances and provide outreach for prevention and health promotion, help individuals and their families adapt to their health conditions, connect patients and family caregivers with community services and supports, provide grief counseling, and act as a liaison between individuals and their medical team, helping patients make informed decisions about their care. (11) The Children’s Defense Fund notes that every second a public school student is suspended and that every 11 seconds a high school student drops out. The National Center for Education Statistics states that in 2008 the national dropout rate for high school students was 8 percent. Some vulnerable communities have dropout rates of 50 percent or higher. Social workers in school settings help students avoid dropping out through early identification, prevention, intervention, counseling, and support services. (12) According to the Department of Justice, every year more than 650,000 ex-offenders are released from Federal and State prisons. Social workers employed in the corrections system address disproportionate minority incarceration rates, provide treatment for mental health problems and drug and alcohol addiction, and work within as well as outside of the prison to reduce recidivism and increase positive community reentry. 3. Definitions In this Act: (1) Clinical social worker The term clinical social worker has the meaning given the term in section 1861(hh)(1) of the Social Security Act (42 U.S.C. 1395x(hh)(1)). (2) Commission The term Commission means the Social Work Reinvestment Commission established under section 101. (3) Community-based program The term community-based program means an agency, organization, or other entity, carrying out a program that provides direct social work services, or community development services, at a neighborhood, locality, or regional level, to address human service, health care, or psychosocial needs. (4) High need and high demand population The term high need and high demand population means a group that lacks sufficient resources and, as a result, has a greater probability of being harmed by specific social, environmental, or health problems than the population as a whole. The group at issue may be a group residing in an area defined by the Health Resources and Services Administration as a health professional shortage area , which has a shortage of primary medical care, dental, or mental health providers. (5) Historically black college or university The term historically black college or university means a part B institution, as defined in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (6) Minority-serving institution The term minority-serving institution means an educational institution that serves a large percentage of minority students (as determined by the Secretary of Education), including Alaska Native-serving institutions, Native Hawaiian-serving institutions, Asian-American and Native American Pacific Islander-serving institutions, Predominantly Black Institutions, historically black colleges and universities, Hispanic-serving institutions, Tribal Colleges and Universities, and Native American-serving, nontribal institutions (which shall have the meanings given the terms in section 241(1) of the Higher Education Act of 1965 (20 U.S.C. 1033(1))). (7) Related professional researcher The term related professional researcher means a person who is professionally engaged in research in a social, political, economic, health, or mental health field. The research referred to in this paragraph is primarily conducted by doctoral level researchers under university, government, research institute, or community agency auspices. (8) Secretary The term Secretary means the Secretary of Health and Human Services. (9) Social work The term social work means— (A) the professional activity of helping individuals, groups, or communities enhance or restore capacity for social and psychosocial functioning and creating societal conditions favorable to that enhancement or restoration; (B) an activity, the practice of which consists of the professional application of values, principles, and techniques related to the professional activity described in subparagraph (A), including— (i) diagnosis and treatment of mental and emotional disorders with individuals, families, and groups; (ii) helping communities or groups provide or improve social and health services and participating in relevant legislative processes; and (iii) helping people obtain tangible services; and (C) an activity, the practice of which requires knowledge of— (i) human development; (ii) behavior of social, economic, and cultural institutions; and (iii) the interaction of the factors described in clauses (i) and (ii). (10) Social work researcher The term social work researcher means a person who studies social work at the individual, family, group, community, policy, or organizational level, focusing across the human life span on prevention of, intervention in, treatment of, aftercare of, and rehabilitation from acute and chronic social and psychosocial conditions, and includes a person examining the effect of policies on social work practice. The study referred to in this paragraph is primarily conducted by researchers with doctoral degrees who are social workers or faculty under university, government, research institute, or community agency auspices. (11) Social worker The term social worker means a graduate of a school of social work with a baccalaureate, master’s, or doctoral degree, who uses knowledge and skills to provide social work services for clients who may be individuals, families, groups, communities, organizations, or society in general. I Social Work Reinvestment Commission 101. Establishment of Commission Not later than 3 months after the date of enactment of this Act, the Secretary shall establish the Social Work Reinvestment Commission to provide independent counsel to Congress and the Secretary on policy issues associated with recruitment for, and retention, research, and reinvestment in, the profession of social work. 102. Appointment of Commission members (a) Appointment by the Secretary Not later than 90 days after the date of enactment of this Act, the Secretary shall appoint members to the Commission. The members shall include representatives of social workers and other members, including the following: (1) 2 deans of schools of social work. (2) 1 social work researcher. (3) 1 related professional researcher. (4) 1 Governor. (5) 2 leaders of national social work organizations. (6) 1 senior social work State official. (7) 1 senior related State official. (8) 2 directors of community-based organizations or nonprofit organizations. (9) 1 labor economist. (10) 1 social work consumer. (11) 1 licensed clinical social worker. (b) Appointment by other officers Four additional members shall be appointed to the Commission, with one member appointed by each of the following officers: (1) The Speaker of the House of Representatives. (2) The minority leader of the House of Representatives. (3) The majority leader of the Senate. (4) The minority leader of the Senate. (c) Organizational representation Members of the Commission shall, to the extent practicable, be appointed— (1) in a manner that assures participation of individuals and representatives of groups from different racial, ethnic, cultural, geographic, religious, linguistic, and class backgrounds and different genders and sexual orientations; and (2) from among persons who demonstrate knowledge and understanding of the concerns of the individuals and groups described in paragraph (1). (d) Selection of Chairperson and vice chairperson The Secretary shall select a chairperson and vice chairperson for the Commission from among the members of the Commission. (e) Period of appointment; vacancies Members shall be appointed for the life of the Commission, and any vacancy in the Commission shall not affect the powers of the Commission. Any such vacancy shall be filled in the same manner as the original appointment, and shall be filled not later than 60 days after the date of vacancy. (f) Schedule of meetings The Commission shall hold its first meeting not later than 6 weeks after the date on which the final member of the Commission is appointed, and subsequent meetings at the call of the chair. 103. Purposes and duties of Commission (a) Study The Commission shall conduct a comprehensive study to examine and assess— (1) the professional capacity of the social work workforce to successfully serve and respond to the increasing biopsychosocial needs of individuals, groups, and communities, in— (A) areas related to— (i) aging; (ii) child welfare; (iii) military and veterans affairs; (iv) mental and behavioral health and disability; (v) criminal justice and correctional systems; and (vi) health and issues affecting women and families; and (B) other areas identified by the Commission; (2) (A) the workforce challenges facing the profession of social work, such as high social work educational debt, lack of fair market compensation, the need to address social work workforce trends, translate social work research to practice, promote social work safety, or develop State-level social work licensure policies and reciprocity agreements for providing services across State lines, or the lack of diversity in the social work profession, or the need to address any other area determined by the Secretary to be appropriate; and (B) the effect that such challenges have on the recruitment and retention of social workers; (3) current workforce challenges and shortages relevant to the needs of clients served by social workers; (4) the social work workforce challenges described in paragraph (2) and the effects that the challenges will have on the provision of social work related to the areas described in paragraph (1); and (5) the advisability of establishing a social work enhancement account, to provide direct grant assistance to local governments to encourage the engagement of social workers in social service programs. (b) Report Not later than 18 months after the date of its first meeting, the Commission shall submit a report to the Secretary and Congress containing specific findings and conclusions regarding the need for recruitment for, and retention, research, and reinvestment in, the profession of social work. The report shall include recommendations and strategies for corrective actions to ensure a robust social work workforce capable of keeping up with the demand for needed services. The Commission may provide to Congress any additional findings or recommendations considered by the Commission to be important. 104. Powers of the Commission (a) Powers The Commission shall have the power to— (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers advisable to carry out the objectives of this title; (2) delegate the Commission powers described in paragraph (1) to any Commission subcommittee or member of the Commission for the purpose of carrying out this Act; (3) enter into contracts to enable the Commission to perform the Commission's work under this Act; and (4) consult, to the extent that the Commission determines that such consultation is necessary or useful, with other agencies and organizations, including— (A) agencies within the Department of Health and Human Services, including the Administration for Children and Families, the Administration on Aging, the Agency for Healthcare Research and Quality, the Centers for Disease Control and Prevention, the Centers for Medicare & Medicaid Services, the Health Resources and Service Administration, the Indian Health Service, the National Institutes of Health, and the Substance Abuse and Mental Health Services Administration; (B) the Social Security Administration; (C) the Departments of Agriculture, Defense, Education, Homeland Security, Labor, Justice, State, and Veterans Affairs; and (D) any other agency of the Federal Government, as determined by the Commission. (b) Cooperation with the Commission The agencies described in subsection (a)(4) shall cooperate with and provide counsel to the Commission to the greatest extent practicable. 105. Compensation for Commission members (a) Travel expenses The members of the Commission shall not receive compensation for the performance of services for the Commission, but shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter 1 of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Commission. (b) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. 106. Termination of the Commission The Commission shall terminate 30 days after the date on which the Commission submits its report under section 103. 107. Authorization of appropriations There is authorized to be appropriated to the Secretary such sums as may be necessary for use by the activities of the Commission. II Reinvestment Grant Programs to Support Social Work Profession 201. Workplace improvement grants (a) Grants authorized The Secretary may award grants to 4 eligible entities described in subsection (d) to address workplace concerns for the social work profession, including caseloads, compensation, social work safety, supervision, and working conditions. (b) Equal amounts The Secretary shall award grants under this section in equal amounts to the 4 eligible entities. The Secretary shall award the grants annually over a 4-year period. (c) Local or state government entities requirement At least 2 of the grant recipients shall be State or local government agencies. (d) Eligibility requirements To be eligible for a grant under this section, an entity shall— (1) work in a social work capacity that demonstrates a need regarding a workplace concern area described in subsection (a); (2) demonstrate— (A) participation in the entities’ programs of individuals and groups from different racial, ethnic, cultural, geographic, religious, linguistic, and class backgrounds, and different genders and sexual orientations; and (B) knowledge and understanding of the concerns of the individuals and groups described in subparagraph (A); (3) demonstrate a record of active participation of social workers in the entities’ programs; and (4) provide services and represent the individuals employed by the entities as competent only within the boundaries of their education, training, licenses, certification, consultation received, supervised experience, or other relevant professional experience. (e) Priority In selecting the grant recipients under this section, the Secretary shall give priority to eligible entities that— (1) are equipped with the capacity to oversee and monitor a workplace improvement program carried out under this section, including proven fiscal responsibility and administrative capability; and (2) are knowledgeable about relevant workforce trends and have at least 2 years of experience relevant to the workplace improvement program. (f) Authorization of appropriations There is authorized to be appropriated $16,000,000 to the Secretary to award grants under this section. 202. Research grants (a) Grants authorized The Secretary may award grants to not less than 25 social workers who hold a doctoral degree in social work, for post-doctoral research in social work— (1) to further the knowledge base about effective social work interventions; and (2) to promote usable strategies to translate research into practice across diverse community settings and service systems. (b) Amounts The Secretary shall award the grants annually over a 4-year period. (c) Eligibility requirements To be eligible for a grant under this section, a social worker shall— (1) demonstrate knowledge and understanding of the concerns of individuals and groups from different racial, ethnic, cultural, geographic, religious, linguistic, and class backgrounds, and different genders and sexual orientations; and (2) provide services and represent themselves as competent only within the boundaries of their education, training, licenses, certification, consultation received, supervised experience, or other relevant professional experience. (d) Minority representation At least 10 of the social workers awarded grants under subsection (a) shall be employed by a historically black college or university or minority-serving institution. (e) Authorization of appropriations There is authorized to be appropriated $5,000,000 to the Secretary to award grants under this section. 203. Education and training grants (a) Grants authorized The Secretary may award 20 grants to eligible institutions of higher education to support the recruitment of social work students for, and education of the students in, baccalaureate, master’s, and doctoral degree programs, as well as the development of faculty in social work. (b) Equal amounts The Secretary shall award grants under this section in equal amounts of not more than $100,000 to the 20 eligible institutions. The Secretary shall award the grants annually over a 4-year period. (c) Eligibility requirements To be eligible for a grant under this section, an institution shall demonstrate— (1) participation in the institutions’ programs of individuals and groups from different racial, ethnic, cultural, geographic, religious, linguistic, and class backgrounds, and different genders and sexual orientations; and (2) knowledge and understanding of the concerns of the individuals and groups described in paragraph (1). (d) Institutional requirement At least 4 of the grant recipients shall be historically black colleges or universities or other minority-serving institutions. (e) Priority In selecting the grant recipients under this section, the Secretary shall give priority to institutions of higher education that— (1) are accredited by the Council on Social Work Education; (2) have a graduation rate of not less than 80 percent for social work students; and (3) exhibit an ability to recruit social workers from and place social workers in areas with a high need and high demand population. (f) Authorization of appropriations There is authorized to be appropriated $8,000,000 to the Secretary to award grants under this section. 204. Community-based programs of excellence grants (a) Grants authorized The Secretary may award grants to 6 eligible covered entities, to further test and replicate effective social work interventions. (b) Covered entity For purposes of this section, the term covered entity means— (1) a public entity that is carrying out a community-based program of excellence; and (2) a nonprofit organization that is carrying out a program of excellence. (c) Equal amounts The Secretary shall award grants under this section in equal amounts of not more than $500,000 to eligible covered entities. The Secretary shall award the grants annually over a 3-year period. (d) Eligibility requirements To be eligible for a grant under this section, a covered entity shall— (1) carry out programs in the areas of aging, child welfare, military and veteran’s issues, mental and behavioral health and disability, criminal justice and correction systems, and health and issues affecting women and families; (2) demonstrate— (A) participation in the covered entities’ programs of individuals and groups from different racial, ethnic, cultural, geographic, religious, linguistic, and class backgrounds, and different genders and sexual orientations; and (B) knowledge and understanding of the concerns of the individuals and groups described in subparagraph (A); (3) demonstrate a record of active participation of social workers in the covered entities' programs; and (4) provide services and represent the individuals employed by the covered entities as competent only within the boundaries of their education, training, licenses, certification, consultation received, supervised experience, or other relevant professional experience. (e) Priority In selecting the grant recipients under this section, the Secretary shall give priority to eligible covered entities that— (1) have demonstrated successful and measurable outcomes that are worthy of replication; (2) have been in operation for at least 2 years; and (3) work with high need and high demand populations. (f) Authorization of appropriations There is authorized to be appropriated $9,000,000 to the Secretary to award grants under this section. 205. National coordinating center (a) Establishment The Secretary shall enter into a contract with a national social work entity that— (1) has experience in coordinating the transfer of information and ideas among entities engaged in social work research, practice, education, and policymaking; and (2) maintains relationships with Federal entities, social work degree-granting institutions of higher education and departments of social work within such institutions, and organizations and agencies that employ social workers. (b) General duties The contract recipient (referred to in this section as the coordinating center ) shall serve as a coordinating center and shall organize information and other data, collect and report data, serve as a clearinghouse, and coordinate activities with the entities, institutions, departments, organizations, and agencies described in subsection (a)(2). (c) Collaboration The coordinating center shall work with institutions of higher education, research entities, and entities with social work practice settings to identify key research areas to be pursued, identify qualified research fellows, and organize appropriate mentorship and professional development efforts. (d) Specific activities of the coordinating center The coordinating center shall— (1) build on the efforts of the National Association of Social Workers National Center for Workforce Studies; (2) collect, coordinate, monitor, and distribute data, information on best practices and findings regarding the activities funded under grants made to eligible entities and individuals under the grant programs described in sections 201 though 204; (3) prepare and submit to the Secretary a report that includes recommendations regarding the need to recruit new social workers, retain current social workers, conduct social work research, and reinvest in the profession of social work; and (4) demonstrate cultural competency and promote the participation of diverse groups. (e) Selection The Secretary, in collaboration with the coordinating center, shall— (1) select topics to be researched under this section; (2) select candidates and finalists for research fellow positions; and (3) determine other activities to be carried out under this section. (f) Authorization of appropriations There is authorized to be appropriated $1,000,000 to carry out this section for each of fiscal years 2013 to 2017. 206. Multimedia outreach campaign (a) Development and issuance of public service announcements The Secretary shall develop and issue public service announcements that advertise and promote the social work profession, highlight the advantages and rewards of social work, and encourage individuals to enter the social work profession. (b) Method The public service announcements described in subsection (a) shall be broadcast through appropriate media outlets, including television or radio, in a manner intended to reach as wide and diverse an audience as possible. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this section for each of fiscal years 2013 through 2016. | https://www.govinfo.gov/content/pkg/BILLS-113hr1466ih/xml/BILLS-113hr1466ih.xml |
113-hr-1467 | I 113th CONGRESS 1st Session H. R. 1467 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Barber introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To reduce the annual rates of pay of Members of Congress by 20 percent and prohibit further adjustments to such rates.
1. Short title This Act may be cited as the Pay Cut for Congress Act . 2. Reduction in annual rates of pay of members of Congress (a) Rates of pay Section 601(a)(1) of the Legislative Reorganization Act of 1946 ( 2 U.S.C. 31(1) ) is amended by striking shall be the rate and all that follows and inserting the following: shall be equal to the annual rate of pay for such positions as of the date of the regularly scheduled general election for Federal office held in November 2014, reduced by 20 percent. . (b) Conforming amendment Section 601(a) of such Act ( 2 U.S.C. 31 ) is amended by striking paragraph (2). (c) Effective date The amendments made by this Act shall take effect on the first day of the first pay period which begins after the date of the regularly scheduled general election for Federal office held in November 2014. | https://www.govinfo.gov/content/pkg/BILLS-113hr1467ih/xml/BILLS-113hr1467ih.xml |
113-hr-1468 | I 113th CONGRESS 1st Session H. R. 1468 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mrs. Blackburn introduced the following bill; which was referred to the Committee on Science, Space, and Technology , and in addition to the Committees on Oversight and Government Reform , the Judiciary , Armed Services , Select Intelligence (Permanent Select) , and Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To improve information security, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2013 or SECURE IT . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Title I—Facilitating sharing of cyber threat information Sec. 101. Definitions. Sec. 102. Authorization to share cyber threat information. Sec. 103. Information sharing by the Federal Government. Sec. 104. Construction. Sec. 105. Report on implementation. Sec. 106. Inspector General review. Sec. 107. Technical amendments. Sec. 108. Access to classified information. Title II—Coordination of Federal information security policy Sec. 201. Coordination of Federal information security policy. Sec. 202. Management of information technology. Sec. 203. No new funding. Sec. 204. Technical and conforming amendments. Sec. 205. Clarification of authorities. Title III—Criminal penalties Sec. 301. Penalties for fraud and related activity in connection with computers. Sec. 302. Trafficking in passwords. Sec. 303. Conspiracy and attempted computer fraud offenses. Sec. 304. Criminal and civil forfeiture for fraud and related activity in connection with computers. Sec. 305. Damage to critical infrastructure computers. Sec. 306. Limitation on actions involving unauthorized use. Sec. 307. No new funding. Title IV—Cybersecurity research and development Sec. 401. National High-Performance Computing Program planning and coordination. Sec. 402. Research in areas of national importance. Sec. 403. Program improvements. Sec. 404. Improving education of networking and information technology, including high performance computing. Sec. 405. Conforming and technical amendments to the High-Performance Computing Act of 1991. Sec. 406. Federal cyber scholarship-for-service program. Sec. 407. Study and analysis of certification and training of information infrastructure professionals. Sec. 408. International cybersecurity technical standards. Sec. 409. Identity management research and development. Sec. 410. Federal cybersecurity research and development. Title V—Data Security and Breach Notification Sec. 501. Requirements for information security. Sec. 502. Notification of information security breach. Sec. 503. Application and enforcement. Sec. 504. Definitions. Sec. 505. Effect on other laws. Sec. 506. Effective date. I Facilitating sharing of cyber threat information 101. Definitions In this title: (1) Agency The term agency has the meaning given the term in section 3502 of title 44, United States Code. (2) Antitrust laws The term antitrust laws — (A) has the meaning given the term in section 1(a) of the Clayton Act ( 15 U.S.C. 12(a) ); (B) includes section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 ) to the extent that section 5 of that Act applies to unfair methods of competition; and (C) includes any State law that has the same intent and effect as the laws under subparagraphs (A) and (B). (3) Countermeasure The term countermeasure means an automated or a manual action with defensive intent to mitigate cyber threats. (4) Cyber threat information The term cyber threat information means information that indicates or describes— (A) a technical or operation vulnerability or a cyber threat mitigation measure; (B) an action or operation to mitigate a cyber threat; (C) malicious reconnaissance, including anomalous patterns of network activity that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat; (D) a method of defeating a technical control; (E) a method of defeating an operational control; (F) network activity or protocols known to be associated with a malicious cyber actor or that signify malicious cyber intent; (G) a method of causing a user with legitimate access to an information system or information that is stored on, processed by, or transiting an information system to inadvertently enable the defeat of a technical or operational control; (H) any other attribute of a cybersecurity threat or cyber defense information that would foster situational awareness of the United States cybersecurity posture, if disclosure of such attribute or information is not otherwise prohibited by law; (I) the actual or potential harm caused by a cyber incident, including information exfiltrated when it is necessary in order to identify or describe a cybersecurity threat; or (J) any combination of subparagraphs (A) through (I). (5) Cybersecurity center The term cybersecurity center means the Department of Defense Cyber Crime Center, the Intelligence Community Incident Response Center, the United States Cyber Command Joint Operations Center, the National Cyber Investigative Joint Task Force, the National Security Agency/Central Security Service Threat Operations Center, the National Cybersecurity and Communications Integration Center, and any successor center. (6) Cybersecurity system The term cybersecurity system means a system designed or employed to ensure the integrity, confidentiality, or availability of, or to safeguard, a system or network, including measures intended to protect a system or network from— (A) efforts to degrade, disrupt, or destroy such system or network; or (B) theft or misappropriations of private or government information, intellectual property, or personally identifiable information. (7) Entity (A) In general The term entity means any private entity, non-Federal Government agency or department, or State, tribal, or local government agency or department (including an officer, employee, or agent thereof). (B) Inclusions The term entity includes a government agency or department (including an officer, employee, or agent thereof) of the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States. (8) Federal information system The term Federal information system means an information system of a Federal department or agency used or operated by an executive agency, by a contractor of an executive agency, or by another organization on behalf of an executive agency. (9) Information security The term information security means protecting information and information systems from disruption or unauthorized access, use, disclosure, modification, or destruction in order to provide— (A) integrity, by guarding against improper information modification or destruction, including by ensuring information nonrepudiation and authenticity; (B) confidentiality, by preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; or (C) availability, by ensuring timely and reliable access to and use of information. (10) Information system The term information system has the meaning given the term in section 3502 of title 44, United States Code. (11) Local government The term local government means any borough, city, county, parish, town, township, village, or other general purpose political subdivision of a State. (12) Malicious reconnaissance The term malicious reconnaissance means a method for actively probing or passively monitoring an information system for the purpose of discerning technical vulnerabilities of the information system, if such method is associated with a known or suspected cybersecurity threat. (13) Operational control The term operational control means a security control for an information system that primarily is implemented and executed by people. (14) Operational vulnerability The term operational vulnerability means any attribute of policy, process, or procedure that could enable or facilitate the defeat of an operational control. (15) Private entity The term private entity means any individual or any private group, organization, or corporation, including an officer, employee, or agent thereof. (16) Significant cyber incident The term significant cyber incident means a cyber incident resulting in, or an attempted cyber incident that, if successful, would have resulted in— (A) the exfiltration from a Federal information system of data that is essential to the operation of the Federal information system; or (B) an incident in which an operational or technical control essential to the security or operation of a Federal information system was defeated. (17) Technical control The term technical control means a hardware or software restriction on, or audit of, access or use of an information system or information that is stored on, processed by, or transiting an information system that is intended to ensure the confidentiality, integrity, or availability of that system. (18) Technical vulnerability The term technical vulnerability means any attribute of hardware or software that could enable or facilitate the defeat of a technical control. (19) Tribal The term tribal has the meaning given the term Indian tribe in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 450b ). 102. Authorization to share cyber threat information (a) Voluntary disclosure (1) Private entities Notwithstanding any other provision of law, a private entity may, for the purpose of preventing, investigating, or otherwise mitigating threats to information security, on its own networks, or as authorized by another entity, on such entity’s networks, employ countermeasures and use cybersecurity systems in order to obtain, identify, or otherwise possess cyber threat information. (2) Entities Notwithstanding any other provision of law, an entity may disclose cyber threat information to— (A) a cybersecurity center; or (B) any other entity in order to assist with preventing, investigating, or otherwise mitigating threats to information security. (3) Information security providers If the cyber threat information described in paragraph (1) is obtained, identified, or otherwise possessed in the course of providing information security products or services under contract to another entity, that entity shall be given, at any time prior to disclosure of such information, a reasonable opportunity to authorize or prevent such disclosure, to request anonymization of such information, or to request that reasonable efforts be made to safeguard such information that identifies specific persons from unauthorized access or disclosure. (b) Significant cyber incidents involving Federal information systems (1) In general An entity providing electronic communication services, remote computing services, or information security services to a Federal department or agency shall inform the Federal department or agency of a significant cyber incident involving the Federal information system of that Federal department or agency that— (A) is directly known to the entity as a result of providing such services; (B) is directly related to the provision of such services by the entity; and (C) as determined by the entity, has impeded or will impede the performance of a critical mission of the Federal department or agency. (2) Advance coordination A Federal department or agency receiving the services described in paragraph (1) shall coordinate in advance with an entity described in paragraph (1) to develop the parameters of any information that may be provided under paragraph (1), including clarification of the type of significant cyber incident that will impede the performance of a critical mission of the Federal department or agency. (3) Report A Federal department or agency shall report information provided under this subsection to a cybersecurity center. (4) Construction Any information provided to a cybersecurity center under paragraph (3) shall be treated in the same manner as information provided to a cybersecurity center under subsection (a). (c) Information shared with or provided to a cybersecurity center Cyber threat information provided to a cybersecurity center under this section— (1) may be disclosed to, retained by, and used by, consistent with otherwise applicable Federal law, any Federal agency or department, component, officer, employee, or agent of the Federal Government for a cybersecurity purpose, a national security purpose, or in order to prevent, investigate, or prosecute any of the offenses listed in section 2516 of title 18, United States Code, and such information shall not be disclosed to, retained by, or used by any Federal agency or department for any use not permitted under this paragraph; (2) may, with the prior written consent of the entity submitting such information, be disclosed to and used by a State, tribal, or local government or government agency for the purpose of protecting information systems, or in furtherance of preventing, investigating, or prosecuting a criminal act, except that if the need for immediate disclosure prevents obtaining written consent, such consent may be provided orally with subsequent documentation of such consent; (3) shall be considered the commercial, financial, or proprietary information of the entity providing such information to the Federal Government and any disclosure outside the Federal Government may only be made upon the prior written consent by such entity and shall not constitute a waiver of any applicable privilege or protection provided by law, except that if the need for immediate disclosure prevents obtaining written consent, such consent may be provided orally with subsequent documentation of such consent; (4) shall be deemed voluntarily shared information and exempt from disclosure under section 552 of title 5, United States Code, and any State, tribal, or local law requiring disclosure of information or records; (5) shall be, without discretion, withheld from the public under section 552(b)(3)(B) of title 5, United States Code, and any State, tribal, or local law requiring disclosure of information or records; (6) shall not be subject to the rules of any Federal agency or department or any judicial doctrine regarding ex parte communications with a decisionmaking official; (7) shall not, if subsequently provided to a State, tribal, or local government or government agency, otherwise be disclosed or distributed to any entity by such State, tribal, or local government or government agency without the prior written consent of the entity submitting such information, notwithstanding any State, tribal, or local law requiring disclosure of information or records, except that if the need for immediate disclosure prevents obtaining written consent, such consent may be provided orally with subsequent documentation of such consent; and (8) shall not be directly used by any Federal, State, tribal, or local department or agency to regulate the lawful activities of an entity, including activities relating to obtaining, identifying, or otherwise possessing cyber threat information, except that the procedures required to be developed and implemented under this title shall not be considered regulations within the meaning of this paragraph. (d) Procedures relating to information sharing with a cybersecurity center Not later than 60 days after the date of enactment of this Act, the heads of each department or agency containing a cybersecurity center shall jointly develop, promulgate, and submit to Congress procedures to ensure that cyber threat information shared with or provided to— (1) a cybersecurity center under this section— (A) may be submitted to a cybersecurity center by an entity, to the greatest extent possible, through a uniform, publicly available process or format that is easily accessible on the website of such cybersecurity center, and that includes the ability to provide relevant details about the cyber threat information and written consent to any subsequent disclosures authorized by this paragraph; (B) shall immediately be further shared with each cybersecurity center in order to prevent, investigate, or otherwise mitigate threats to information security across the Federal Government; (C) is handled by the Federal Government in a reasonable manner, including consideration of the need to protect the privacy and civil liberties of individuals through anonymization or other appropriate methods, while fully accomplishing the objectives of this title, and the Federal Government may undertake efforts consistent with this subparagraph to limit the impact on privacy and civil liberties of the sharing of cyber threat information with the Federal Government; and (D) except as provided in this section, shall only be used, disclosed, or handled in accordance with the provisions of subsection (c); and (2) a Federal agency or department under subsection (b) is provided immediately to a cybersecurity center in order to prevent, investigate, or otherwise mitigate threats to information security across the Federal Government. (e) Information shared between entities (1) In general An entity sharing cyber threat information with another entity under this title may restrict the use or sharing of such information by such other entity. (2) Further sharing Cyber threat information shared by any entity with another entity under this title— (A) shall only be further shared in accordance with any restrictions placed on the sharing of such information by the entity authorizing such sharing, such as appropriate anonymization of such information; and (B) may not be used by any entity to gain an unfair competitive advantage to the detriment of the entity authorizing the sharing of such information, except that the conduct described in paragraph (3) shall not constitute unfair competitive conduct. (3) Information shared with State, tribal, or local government or government agency Cyber threat information shared with a State, tribal, or local government or government agency under this title— (A) may, with the prior written consent of the entity sharing such information, be disclosed to and used by a State, tribal, or local government or government agency for the purpose of protecting information systems, or in furtherance of preventing, investigating, or prosecuting a criminal act, except if the need for immediate disclosure prevents obtaining written consent, consent may be provided orally with subsequent documentation of the consent; (B) shall be deemed voluntarily shared information and exempt from disclosure under any State, tribal, or local law requiring disclosure of information or records; (C) shall not be disclosed or distributed to any entity by the State, tribal, or local government or government agency without the prior written consent of the entity submitting such information, notwithstanding any State, tribal, or local law requiring disclosure of information or records, except if the need for immediate disclosure prevents obtaining written consent, consent may be provided orally with subsequent documentation of the consent; and (D) shall not be directly used by any State, tribal, or local department or agency to regulate the lawful activities of an entity, including activities relating to obtaining, identifying, or otherwise possessing cyber threat information, except that the procedures required to be developed and implemented under this title shall not be considered regulations within the meaning of this subparagraph. (4) Antitrust exemption The exchange or provision of cyber threat information or assistance between 2 or more private entities under this title shall not be considered a violation of any provision of antitrust laws if exchanged or provided in order to assist with— (A) facilitating the prevention, investigation, or mitigation of threats to information security; or (B) communicating or disclosing of cyber threat information to help prevent, investigate or otherwise mitigate the effects of a threat to information security. (5) No right or benefit The provision of cyber threat information to an entity under this section shall not create a right or a benefit to similar information by such entity or any other entity. (f) Federal preemption (1) In general This section supersedes any statute or other law of a State or political subdivision of a State that restricts or otherwise expressly regulates an activity authorized under this section. (2) State law enforcement Nothing in this section shall be construed to supersede any statute or other law of a State or political subdivision of a State concerning the use of authorized law enforcement techniques. (3) Public disclosure No information shared with or provided to a State, tribal, or local government or government agency pursuant to this section shall be made publicly available pursuant to any State, tribal, or local law requiring disclosure of information or records. (g) Civil and criminal liability (1) General protections (A) Private entities No cause of action shall lie or be maintained in any court against any private entity for— (i) the use of countermeasures and cybersecurity systems as authorized by this title; (ii) the use, receipt, or disclosure of any cyber threat information as authorized by this title; or (iii) the subsequent actions or inactions of any lawful recipient of cyber threat information provided by such private entity. (B) Entities No cause of action shall lie or be maintained in any court against any entity for— (i) the use, receipt, or disclosure of any cyber threat information as authorized by this title; or (ii) the subsequent actions or inactions of any lawful recipient of cyber threat information provided by such entity. (2) Construction Nothing in this subsection shall be construed as creating any immunity against, or otherwise affecting, any action brought by the Federal Government, or any agency or department thereof, to enforce any law, Executive order, or procedure governing the appropriate handling, disclosure, and use of classified information. (h) Otherwise lawful disclosures Nothing in this section shall be construed to limit or prohibit otherwise lawful disclosures of communications, records, or other information by a private entity to any other governmental or private entity not covered under this section. (i) Whistleblower protection Nothing in this Act shall be construed to preempt or preclude any employee from exercising rights currently provided under any whistleblower law, rule, or regulation. (j) Relationship to Other Laws The submission of cyber threat information under this section to a cybersecurity center shall not affect any requirement under any other provision of law for an entity to provide information to the Federal Government. 103. Information sharing by the Federal Government (a) Classified information (1) Procedures Consistent with the protection of intelligence sources and methods, and as otherwise determined appropriate, the Director of National Intelligence and the Secretary of Defense, in consultation with the heads of the appropriate Federal departments or agencies, shall develop and promulgate procedures to facilitate and promote— (A) the immediate sharing, through the cybersecurity centers, of classified cyber threat information in the possession of the Federal Government with appropriately cleared representatives of any appropriate entity; and (B) the declassification and immediate sharing, through the cybersecurity centers, with any entity or, if appropriate, public availability of cyber threat information in the possession of the Federal Government. (2) Handling of classified information The procedures developed under paragraph (1) shall ensure that each entity receiving classified cyber threat information pursuant to this section has acknowledged in writing the ongoing obligation to comply with all laws, Executive orders, and procedures concerning the appropriate handling, disclosure, or use of classified information. (b) Unclassified cyber threat information The heads of each department or agency containing a cybersecurity center shall jointly develop and promulgate procedures that ensure that, consistent with the provisions of this section, unclassified, including controlled unclassified, cyber threat information in the possession of the Federal Government— (1) is shared, through the cybersecurity centers, in an immediate and adequate manner with appropriate entities; and (2) if appropriate, is made publicly available. (c) Development of procedures (1) In general The procedures developed under this section shall incorporate, to the greatest extent possible, existing processes utilized by sector specific information sharing and analysis centers. (2) Coordination with entities In developing the procedures required under this section, the Director of National Intelligence and the heads of each department or agency containing a cybersecurity center shall coordinate with appropriate entities to ensure that protocols are implemented that will facilitate and promote the sharing of cyber threat information by the Federal Government. (d) Additional Responsibilities of Cybersecurity Centers Consistent with section 102, a cybersecurity center shall— (1) facilitate information sharing, interaction, and collaboration among and between cybersecurity centers and— (A) other Federal entities; (B) any entity; and (C) international partners, in consultation with the Secretary of State; (2) disseminate timely and actionable cybersecurity threat, vulnerability, mitigation, and warning information, including alerts, advisories, indicators, signatures, and mitigation and response measures, to improve the security and protection of information systems; and (3) coordinate with other Federal entities, as appropriate, to integrate information from across the Federal Government to provide situational awareness of the cybersecurity posture of the United States. (e) Sharing within the Federal Government The heads of appropriate Federal departments and agencies shall ensure that cyber threat information in the possession of such Federal departments or agencies that relates to the prevention, investigation, or mitigation of threats to information security across the Federal Government is shared effectively with the cybersecurity centers. (f) Submission to Congress Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence, in coordination with the appropriate head of a department or an agency containing a cybersecurity center, shall submit the procedures required by this section to Congress. 104. Construction (a) Information Sharing Relationships Nothing in this title shall be construed— (1) to limit or modify an existing information sharing relationship; (2) to prohibit a new information sharing relationship; (3) to require a new information sharing relationship between any entity and the Federal Government, except as specified under section 102(b); or (4) to modify the authority of a department or agency of the Federal Government to protect sources and methods and the national security of the United States. (b) Anti-Tasking Restriction Nothing in this title shall be construed to permit the Federal Government— (1) to require an entity to share information with the Federal Government, except as expressly provided under section 102(b); or (2) to condition the sharing of cyber threat information with an entity on such entity’s provision of cyber threat information to the Federal Government. (c) No liability for Non-Participation Nothing in this title shall be construed to subject any entity to liability for choosing not to engage in the voluntary activities authorized under this title. (d) Use and Retention of Information Nothing in this title shall be construed to authorize, or to modify any existing authority of, a department or agency of the Federal Government to retain or use any information shared under section 102 for any use other than a use permitted under subsection 102(c)(1). (e) No new funding An applicable Federal agency shall carry out the provisions of this title with existing facilities and funds otherwise available, through such means as the head of the agency considers appropriate. 105. Report on implementation (a) Content of report Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the heads of each department or agency containing a cybersecurity center shall jointly submit, in coordination with the privacy and civil liberties officials of such departments or agencies and the Privacy and Civil Liberties Oversight Board, a detailed report to Congress concerning the implementation of this title, including— (1) an assessment of the sufficiency of the procedures developed under section 103 of this Act in ensuring that cyber threat information in the possession of the Federal Government is provided in an immediate and adequate manner to appropriate entities or, if appropriate, is made publicly available; (2) an assessment of whether information has been appropriately classified and an accounting of the number of security clearances authorized by the Federal Government for purposes of this title; (3) a review of the type of cyber threat information shared with a cybersecurity center under section 102 of this Act, including whether such information meets the definition of cyber threat information under section 101, the degree to which such information may impact the privacy and civil liberties of individuals, any appropriate metrics to determine any impact of the sharing of such information with the Federal Government on privacy and civil liberties, and the adequacy of any steps taken to reduce such impact; (4) a review of actions taken by the Federal Government based on information provided to a cybersecurity center under section 102 of this Act, including the appropriateness of any subsequent use under section 102(c)(1) of this Act and whether there was inappropriate stovepiping within the Federal Government of any such information; (5) a description of any violations of the requirements of this title by the Federal Government; (6) a classified list of entities that received classified information from the Federal Government under section 103 of this Act and a description of any indication that such information may not have been appropriately handled; (7) a summary of any breach of information security, if known, attributable to a specific failure by any entity or the Federal Government to act on cyber threat information in the possession of such entity or the Federal Government that resulted in substantial economic harm or injury to a specific entity or the Federal Government; and (8) any recommendation for improvements or modifications to the authorities under this title. (b) Form of report The report under subsection (a) shall be submitted in unclassified form, but shall include a classified annex. 106. Inspector General review (a) In general The Council of the Inspectors General on Integrity and Efficiency are authorized to review compliance by the cybersecurity centers, and by any Federal department or agency receiving cyber threat information from such cybersecurity centers, with the procedures required under section 102 of this Act. (b) Scope of review The review under subsection (a) shall consider whether the Federal Government has handled such cyber threat information in a reasonable manner, including consideration of the need to protect the privacy and civil liberties of individuals through anonymization or other appropriate methods, while fully accomplishing the objectives of this title. (c) Report to Congress Each review conducted under this section shall be provided to Congress not later than 30 days after the date of completion of the review. 107. Technical amendments Section 552(b) of title 5, United States Code, is amended— (1) in paragraph (8), by striking or ; (2) in paragraph (9), by striking wells. and inserting wells; or ; and (3) by adding at the end the following: (10) information shared with or provided to a cybersecurity center under section 102 of title I of the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2013 . . 108. Access to classified information (a) Authorization required No person shall be provided with access to classified information (as defined in section 6.1 of Executive Order 13526 (50 U.S.C. 435 note; relating to classified national security information)) relating to cyber security threats or cyber security vulnerabilities under this title without the appropriate security clearances. (b) Security clearances The appropriate Federal agencies or departments shall, consistent with applicable procedures and requirements, and if otherwise deemed appropriate, assist an individual in timely obtaining an appropriate security clearance where such individual has been determined to be eligible for such clearance and has a need-to-know (as defined in section 6.1 of that Executive order) classified information to carry out this title. II Coordination of Federal information security policy 201. Coordination of Federal information security policy (a) In General Chapter 35 of title 44, United States Code, is amended by striking subchapters II and III and inserting the following: II Information Security 3551. Purposes The purposes of this subchapter are— (1) to provide a comprehensive framework for ensuring the effectiveness of information security controls over information resources that support Federal operations and assets; (2) to recognize the highly networked nature of the current Federal computing environment and provide effective government-wide management of policies, directives, standards, and guidelines, as well as effective and nimble oversight of and response to information security risks, including coordination of information security efforts throughout the Federal civilian, national security, and law enforcement communities; (3) to provide for development and maintenance of controls required to protect agency information and information systems and contribute to the overall improvement of agency information security posture; (4) to provide for the development of tools and methods to assess and respond to real-time situational risk for Federal information system operations and assets; and (5) to provide a mechanism for improving agency information security programs through continuous monitoring of agency information systems and streamlined reporting requirements rather than overly prescriptive manual reporting. 3552. Definitions In this subchapter: (1) Adequate security The term adequate security means security commensurate with the risk and magnitude of the harm resulting from the unauthorized access to or loss, misuse, destruction, or modification of information. (2) Agency The term agency has the meaning given the term in section 3502 of title 44. (3) Cybersecurity center The term cybersecurity center means the Department of Defense Cyber Crime Center, the Intelligence Community Incident Response Center, the United States Cyber Command Joint Operations Center, the National Cyber Investigative Joint Task Force, the National Security Agency/Central Security Service Threat Operations Center, the National Cybersecurity and Communications Integration Center, and any successor center. (4) Cyber threat information The term cyber threat information means information that indicates or describes— (A) a technical or operation vulnerability or a cyber threat mitigation measure; (B) an action or operation to mitigate a cyber threat; (C) malicious reconnaissance, including anomalous patterns of network activity that appear to be transmitted for the purpose of gathering technical information related to a cybersecurity threat; (D) a method of defeating a technical control; (E) a method of defeating an operational control; (F) network activity or protocols known to be associated with a malicious cyber actor or that signify malicious cyber intent; (G) a method of causing a user with legitimate access to an information system or information that is stored on, processed by, or transiting an information system to inadvertently enable the defeat of a technical or operational control; (H) any other attribute of a cybersecurity threat or cyber defense information that would foster situational awareness of the United States cybersecurity posture, if disclosure of such attribute or information is not otherwise prohibited by law; (I) the actual or potential harm caused by a cyber incident, including information exfiltrated when it is necessary in order to identify or describe a cybersecurity threat; or (J) any combination of subparagraphs (A) through (I). (5) Director The term Director means the Director of the Office of Management and Budget unless otherwise specified. (6) Environment of operation The term environment of operation means the information system and environment in which those systems operate, including changing threats, vulnerabilities, technologies, and missions and business practices. (7) Federal information system The term Federal information system means an information system used or operated by an executive agency, by a contractor of an executive agency, or by another organization on behalf of an executive agency. (8) Incident The term incident means an occurrence that— (A) actually or imminently jeopardizes the integrity, confidentiality, or availability of an information system or the information that system controls, processes, stores, or transmits; or (B) constitutes a violation of law or an imminent threat of violation of a law, a security policy, a security procedure, or an acceptable use policy. (9) Information resources The term information resources has the meaning given the term in section 3502 of title 44. (10) Information security The term information security means protecting information and information systems from disruption or unauthorized access, use, disclosure, modification, or destruction in order to provide— (A) integrity, by guarding against improper information modification or destruction, including by ensuring information nonrepudiation and authenticity; (B) confidentiality, by preserving authorized restrictions on access and disclosure, including means for protecting personal privacy and proprietary information; or (C) availability, by ensuring timely and reliable access to and use of information. (11) Information system The term information system has the meaning given the term in section 3502 of title 44. (12) Information technology The term information technology has the meaning given the term in section 11101 of title 40. (13) Malicious reconnaissance The term malicious reconnaissance means a method for actively probing or passively monitoring an information system for the purpose of discerning technical vulnerabilities of the information system, if such method is associated with a known or suspected cybersecurity threat. (14) National security system (A) In general The term national security system means any information system (including any telecommunications system) used or operated by an agency or by a contractor of an agency, or other organization on behalf of an agency— (i) the function, operation, or use of which— (I) involves intelligence activities; (II) involves cryptologic activities related to national security; (III) involves command and control of military forces; (IV) involves equipment that is an integral part of a weapon or weapons system; or (V) subject to subparagraph (B), is critical to the direct fulfillment of military or intelligence missions; or (ii) is protected at all times by procedures established for information that have been specifically authorized under criteria established by an Executive order or an Act of Congress to be kept classified in the interest of national defense or foreign policy. (B) Limitation Subparagraph (A)(i)(V) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications). (15) Operational control The term operational control means a security control for an information system that primarily is implemented and executed by people. (16) Person The term person has the meaning given the term in section 3502 of title 44. (17) Secretary The term Secretary means the Secretary of Commerce unless otherwise specified. (18) Security control The term security control means the management, operational, and technical controls, including safeguards or countermeasures, prescribed for an information system to protect the confidentiality, integrity, and availability of the system and its information. (19) Significant cyber incident The term significant cyber incident means a cyber incident resulting in, or an attempted cyber incident that, if successful, would have resulted in— (A) the exfiltration from a Federal information system of data that is essential to the operation of the Federal information system; or (B) an incident in which an operational or technical control essential to the security or operation of a Federal information system was defeated. (20) Technical control The term technical control means a hardware or software restriction on, or audit of, access or use of an information system or information that is stored on, processed by, or transiting an information system that is intended to ensure the confidentiality, integrity, or availability of that system. 3553. Federal information security authority and coordination (a) In general The Secretary, in consultation with the Secretary of Homeland Security, shall— (1) issue compulsory and binding policies and directives governing agency information security operations, and require implementation of such policies and directives, including— (A) policies and directives consistent with the standards and guidelines promulgated under section 11331 of title 40 to identify and provide information security protections prioritized and commensurate with the risk and impact resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of— (i) information collected or maintained by or on behalf of an agency; or (ii) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency; (B) minimum operational requirements for the Federal Government to protect agency information systems and provide common situational awareness across all agency information systems; (C) reporting requirements, consistent with relevant law, regarding information security incidents and cyber threat information; (D) requirements for agencywide information security programs; (E) performance requirements and metrics for the security of agency information systems; (F) training requirements to ensure that agencies are able to fully and timely comply with the policies and directives issued by the Secretary under this subchapter; (G) training requirements regarding privacy, civil rights, and civil liberties, and information oversight for agency information security personnel; (H) requirements for the annual reports to the Secretary under section 3554(d); (I) any other information security operations or information security requirements as determined by the Secretary in coordination with relevant agency heads; and (J) coordinating the development of standards and guidelines under section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) with agencies and offices operating or exercising control of national security systems (including the National Security Agency) to assure, to the maximum extent feasible, that such standards and guidelines are complementary with standards and guidelines developed for national security systems; (2) review the agencywide information security programs under section 3554; and (3) designate an individual or an entity at each cybersecurity center, among other responsibilities— (A) to receive reports and information about information security incidents, cyber threat information, and deterioration of security control affecting agency information systems; and (B) to act on or share the information under subparagraph (A) in accordance with this subchapter. (b) Considerations When issuing policies and directives under subsection (a), the Secretary shall consider any applicable standards or guidelines developed by the National Institute of Standards and Technology under section 11331 of title 40. (c) Limitation of authority The authorities of the Secretary under this section shall not apply to national security systems. Information security policies, directives, standards and guidelines for national security systems shall be overseen as directed by the President and, in accordance with that direction, carried out under the authority of the heads of agencies that operate or exercise authority over such national security systems. (d) Statutory construction Nothing in this subchapter shall be construed to alter or amend any law regarding the authority of any head of an agency over such agency. 3554. Agency responsibilities (a) In general The head of each agency shall— (1) be responsible for— (A) complying with the policies and directives issued under section 3553; (B) providing information security protections commensurate with the risk resulting from unauthorized access, use, disclosure, disruption, modification, or destruction of— (i) information collected or maintained by the agency or by a contractor of an agency or other organization on behalf of an agency; and (ii) information systems used or operated by an agency or by a contractor of an agency or other organization on behalf of an agency; (C) complying with the requirements of this subchapter, including— (i) information security standards and guidelines promulgated under section 11331 of title 40; (ii) for any national security systems operated or controlled by that agency, information security policies, directives, standards and guidelines issued as directed by the President; and (iii) for any non-national security systems operated or controlled by that agency, information security policies, directives, standards and guidelines issued under section 3553; (D) ensuring that information security management processes are integrated with agency strategic and operational planning processes; (E) reporting and sharing, for an agency operating or exercising control of a national security system, information about information security incidents, cyber threat information, and deterioration of security controls to the individual or entity designated at each cybersecurity center and to other appropriate entities consistent with policies and directives for national security systems issued as directed by the President; and (F) reporting and sharing, for those agencies operating or exercising control of non-national security systems, information about information security incidents, cyber threat information, and deterioration of security controls to the individual or entity designated at each cybersecurity center and to other appropriate entities consistent with policies and directives for non-national security systems as prescribed under section 3553(a), including information to assist the entity designated under section 3555(a) with the ongoing security analysis under section 3555; (2) ensure that each senior agency official provides information security for the information and information systems that support the operations and assets under the senior agency official's control, including by— (A) assessing the risk and impact that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of such information or information systems; (B) determining the level of information security appropriate to protect such information and information systems in accordance with policies and directives issued under section 3553(a), and standards and guidelines promulgated under section 11331 of title 40 for information security classifications and related requirements; (C) implementing policies, procedures, and capabilities to reduce risks to an acceptable level in a cost-effective manner; (D) actively monitoring the effective implementation of information security controls and techniques; and (E) reporting information about information security incidents, cyber threat information, and deterioration of security controls in a timely and adequate manner to the entity designated under section 3553(a)(3) in accordance with paragraph (1); (3) assess and maintain the resiliency of information technology systems critical to agency mission and operations; (4) designate the agency Inspector General (or an independent entity selected in consultation with the Director and the Council of Inspectors General on Integrity and Efficiency if the agency does not have an Inspector General) to conduct the annual independent evaluation required under section 3556, and allow the agency Inspector General to contract with an independent entity to perform such evaluation; (5) delegate to the Chief Information Officer or equivalent (or to a senior agency official who reports to the Chief Information Officer or equivalent)— (A) the authority and primary responsibility to implement an agencywide information security program; and (B) the authority to provide information security for the information collected and maintained by the agency (or by a contractor, other agency, or other source on behalf of the agency) and for the information systems that support the operations, assets, and mission of the agency (including any information system provided or managed by a contractor, other agency, or other source on behalf of the agency); (6) delegate to the appropriate agency official (who is responsible for a particular agency system or subsystem) the responsibility to ensure and enforce compliance with all requirements of the agency’s agencywide information security program in coordination with the Chief Information Officer or equivalent (or the senior agency official who reports to the Chief Information Officer or equivalent) under paragraph (5); (7) ensure that an agency has trained personnel who have obtained any necessary security clearances to permit them to assist the agency in complying with this subchapter; (8) ensure that the Chief Information Officer or equivalent (or the senior agency official who reports to the Chief Information Officer or equivalent) under paragraph (5), in coordination with other senior agency officials, reports to the agency head on the effectiveness of the agencywide information security program, including the progress of any remedial actions; and (9) ensure that the Chief Information Officer or equivalent (or the senior agency official who reports to the Chief Information Officer or equivalent) under paragraph (5) has the necessary qualifications to administer the functions described in this subchapter and has information security duties as a primary duty of that official. (b) Chief Information Officers Each Chief Information Officer or equivalent (or the senior agency official who reports to the Chief Information Officer or equivalent) under subsection (a)(5) shall— (1) establish and maintain an enterprise security operations capability that on a continuous basis— (A) detects, reports, contains, mitigates, and responds to information security incidents that impair adequate security of the agency’s information or information system in a timely manner and in accordance with the policies and directives under section 3553; and (B) reports any information security incident under subparagraph (A) to the entity designated under section 3555; (2) develop, maintain, and oversee an agencywide information security program; (3) develop, maintain, and oversee information security policies, procedures, and control techniques to address applicable requirements, including requirements under section 3553 of this title and section 11331 of title 40; and (4) train and oversee the agency personnel who have significant responsibility for information security with respect to that responsibility. (c) Agencywide information security programs (1) In general Each agencywide information security program under subsection (b)(2) shall include— (A) relevant security risk assessments, including technical assessments and others related to the acquisition process; (B) security testing commensurate with risk and impact; (C) mitigation of deterioration of security controls commensurate with risk and impact; (D) risk-based continuous monitoring and threat assessment of the operational status and security of agency information systems to enable evaluation of the effectiveness of and compliance with information security policies, procedures, and practices, including a relevant and appropriate selection of security controls of information systems identified in the inventory under section 3505(c); (E) operation of appropriate technical capabilities in order to detect, mitigate, report, and respond to information security incidents, cyber threat information, and deterioration of security controls in a manner that is consistent with the policies and directives under section 3553, including— (i) mitigating risks associated with such information security incidents; (ii) notifying and consulting with the entity designated under section 3555; and (iii) notifying and consulting with, as appropriate— (I) law enforcement and the relevant Office of the Inspector General; and (II) any other entity, in accordance with law and as directed by the President; (F) a process to ensure that remedial action is taken to address any deficiencies in the information security policies, procedures, and practices of the agency; and (G) a plan and procedures to ensure the continuity of operations for information systems that support the operations and assets of the agency. (2) Risk management strategies Each agencywide information security program under subsection (b)(2) shall include the development and maintenance of a risk management strategy for information security. The risk management strategy shall include— (A) consideration of information security incidents, cyber threat information, and deterioration of security controls; and (B) consideration of the consequences that could result from the unauthorized access, use, disclosure, disruption, modification, or destruction of information and information systems that support the operations and assets of the agency, including any information system provided or managed by a contractor, other agency, or other source on behalf of the agency. (3) Policies and procedures Each agencywide information security program under subsection (b)(2) shall include policies and procedures that— (A) are based on the risk management strategy under paragraph (2); (B) reduce information security risks to an acceptable level in a cost-effective manner; (C) ensure that cost-effective and adequate information security is addressed as part of the acquisition and ongoing management of each agency information system; and (D) ensure compliance with— (i) this subchapter; and (ii) any other applicable requirements. (4) Training requirements Each agencywide information security program under subsection (b)(2) shall include information security, privacy, civil rights, civil liberties, and information oversight training that meets any applicable requirements under section 3553. The training shall inform each information security personnel that has access to agency information systems (including contractors and other users of information systems that support the operations and assets of the agency) of— (A) the information security risks associated with the information security personnel's activities; and (B) the individual's responsibility to comply with the agency policies and procedures that reduce the risks under subparagraph (A). (d) Annual report Each agency shall submit a report annually to the Secretary of Homeland Security on its agencywide information security program and information systems. 3555. Multiagency ongoing threat assessment (a) Implementation The Director of the Office of Management and Budget, in coordination with the Secretary of Homeland Security, shall designate an entity to implement ongoing security analysis concerning agency information systems— (1) based on cyber threat information; (2) based on agency information system and environment of operation changes, including— (A) an ongoing evaluation of the information system security controls; and (B) the security state, risk level, and environment of operation of an agency information system, including— (i) a change in risk level due to a new cyber threat; (ii) a change resulting from a new technology; (iii) a change resulting from the agency's mission; and (iv) a change resulting from the business practice; and (3) using automated processes to the maximum extent possible— (A) to increase information system security; (B) to reduce paper-based reporting requirements; and (C) to maintain timely and actionable knowledge of the state of the information system security. (b) Standards The National Institute of Standards and Technology may promulgate standards, in coordination with the Secretary of Homeland Security, to assist an agency with its duties under this section. (c) Compliance The head of each appropriate department and agency shall be responsible for ensuring compliance and implementing necessary procedures to comply with this section. The head of each appropriate department and agency, in consultation with the Director of the Office of Management and Budget and the Secretary of Homeland Security, shall— (1) monitor compliance under this section; (2) develop a timeline and implement for the department or agency— (A) adoption of any technology, system, or method that facilitates continuous monitoring and threat assessments of an agency information system; (B) adoption or updating of any technology, system, or method that prevents, detects, or remediates a significant cyber incident to a Federal information system of the department or agency that has impeded, or is reasonably likely to impede, the performance of a critical mission of the department or agency; and (C) adoption of any technology, system, or method that satisfies a requirement under this section. (d) Limitation of Authority The authorities of the Director of the Office of Management and Budget and of the Secretary of Homeland Security under this section shall not apply to national security systems. (e) Report Not later than 6 months after the date of enactment of the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2013 , the Government Accountability Office shall issue a report evaluating each agency's status toward implementing this section. 3556. Independent evaluations (a) In general The Council of the Inspectors General on Integrity and Efficiency, in consultation with the Director and the Secretary of Homeland Security, the Secretary of Commerce, and the Secretary of Defense, shall issue and maintain criteria for the timely, cost-effective, risk-based, and independent evaluation of each agencywide information security program (and practices) to determine the effectiveness of the agencywide information security program (and practices). The criteria shall include measures to assess any conflicts of interest in the performance of the evaluation and whether the agencywide information security program includes appropriate safeguards against disclosure of information where such disclosure may adversely affect information security. (b) Annual independent evaluations Each agency shall perform an annual independent evaluation of its agencywide information security program (and practices) in accordance with the criteria under subsection (a). (c) Distribution of reports Not later than 30 days after receiving an independent evaluation under subsection (b), each agency head shall transmit a copy of the independent evaluation to the Secretary of Homeland Security, the Secretary of Commerce, and the Secretary of Defense. (d) National security systems Evaluations involving national security systems shall be conducted as directed by President. 3557. National security systems. The head of each agency operating or exercising control of a national security system shall be responsible for ensuring that the agency— (1) provides information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of the information contained in such system; and (2) implements information security policies and practices as required by standards and guidelines for national security systems, issued in accordance with law and as directed by the President. . (b) Savings Provisions (1) Policy and compliance guidance Policy and compliance guidance issued by the Director before the date of enactment of this Act under section 3543(a)(1) of title 44, United States Code (as in effect on the day before the date of enactment of this Act), shall continue in effect, according to its terms, until modified, terminated, superseded, or repealed pursuant to section 3553(a)(1) of title 44, United States Code. (2) Standards and guidelines Standards and guidelines issued by the Secretary of Commerce or by the Director before the date of enactment of this Act under section 11331(a)(1) of title 40, United States Code, (as in effect on the day before the date of enactment of this Act) shall continue in effect, according to their terms, until modified, terminated, superseded, or repealed pursuant to section 11331(a)(1) of title 40, United States Code, as amended by this Act. (c) Technical and conforming amendments (1) Chapter analysis The chapter analysis for chapter 35 of title 44, United States Code, is amended— (A) by striking the items relating to sections 3531 through 3538; (B) by striking the items relating to sections 3541 through 3549; and (C) by inserting the following: 3551. Purposes. 3552. Definitions. 3553. Federal information security authority and coordination. 3554. Agency responsibilities. 3555. Multiagency ongoing threat assessment. 3556. Independent evaluations. 3557. National security systems. . (2) Other references (A) Section 1001(c)(1)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 511(1)(A) ) is amended by striking section 3532(3) and inserting section 3552 . (B) Section 2222(j)(5) of title 10, United States Code, is amended by striking section 3542(b)(2) and inserting section 3552 . (C) Section 2223(c)(3) of title 10, United States Code, is amended, by striking section 3542(b)(2) and inserting section 3552 . (D) Section 2315 of title 10, United States Code, is amended by striking section 3542(b)(2) and inserting section 3552 . (E) Section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) is amended— (i) in subsection (a)(2), by striking section 3532(b)(2) and inserting section 3552 ; (ii) in subsection (c)(3), by striking Director of the Office of Management and Budget and inserting Secretary of Commerce ; (iii) in subsection (d)(1), by striking Director of the Office of Management and Budget and inserting Secretary of Commerce ; (iv) in subsection (d)(8) by striking Director of the Office of Management and Budget and inserting Secretary of Commerce ; (v) in subsection (d)(8), by striking submitted to the Director and inserting submitted to the Secretary ; (vi) in subsection (e)(2), by striking section 3532(1) of such title and inserting section 3552 of title 44 ; and (vii) in subsection (e)(5), by striking section 3532(b)(2) of such title and inserting section 3552 of title 44 . (F) Section 8(d)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7406(d)(1) ) is amended by striking section 3534(b) and inserting section 3554(b)(2) . 202. Management of information technology (a) In general Section 11331 of title 40, United States Code, is amended to read as follows: 11331. Responsibilities for Federal information systems standards (a) Standards and guidelines (1) Authority to prescribe Except as provided under paragraph (2), the Secretary of Commerce shall prescribe standards and guidelines pertaining to Federal information systems— (A) in consultation with the Secretary of Homeland Security; and (B) on the basis of standards and guidelines developed by the National Institute of Standards and Technology under paragraphs (2) and (3) of section 20(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(a)(2) and (a)(3)). (2) National security systems Standards and guidelines for national security systems shall be developed, prescribed, enforced, and overseen as otherwise authorized by law and as directed by the President. (b) Mandatory standards and guidelines (1) Authority to make mandatory standards and guidelines The Secretary of Commerce shall make standards and guidelines under subsection (a)(1) compulsory and binding to the extent determined necessary by the Secretary of Commerce to improve the efficiency of operation or security of Federal information systems. (2) Required mandatory standards and guidelines (A) In general Standards and guidelines under subsection (a)(1) shall include information security standards that— (i) provide minimum information security requirements as determined under section 20(b) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(b) ); and (ii) are otherwise necessary to improve the security of Federal information and information systems. (B) Binding effect Information security standards under subparagraph (A) shall be compulsory and binding. (c) Exercise of authority To ensure fiscal and policy consistency, the Secretary of Commerce shall exercise the authority conferred by this section subject to direction by the President and in coordination with the Director. (d) Application of more stringent standards and guidelines The head of an executive agency may employ standards for the cost-effective information security for information systems within or under the supervision of that agency that are more stringent than the standards and guidelines the Secretary of Commerce prescribes under this section if the more stringent standards and guidelines— (1) contain at least the applicable standards and guidelines made compulsory and binding by the Secretary of Commerce; and (2) are otherwise consistent with the policies, directives, and implementation memoranda issued under section 3553(a) of title 44. (e) Decisions on promulgation of standards and guidelines The decision by the Secretary of Commerce regarding the promulgation of any standard or guideline under this section shall occur not later than 6 months after the date of submission of the proposed standard to the Secretary of Commerce by the National Institute of Standards and Technology under section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ). (f) Notice and comment A decision by the Secretary of Commerce to significantly modify, or not promulgate, a proposed standard submitted to the Secretary by the National Institute of Standards and Technology under section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) shall be made after the public is given an opportunity to comment on the Secretary’s proposed decision. (g) Definitions In this section: (1) Federal information system The term Federal information system has the meaning given the term in section 3552 of title 44. (2) Information security The term information security has the meaning given the term in section 3552 of title 44. (3) National security system The term national security system has the meaning given the term in section 3552 of title 44. . 203. No new funding An applicable Federal agency shall carry out the provisions of this title with existing facilities and funds otherwise available, through such means as the head of the agency considers appropriate. 204. Technical and conforming amendments Section 21(b) of the National Institute of Standards and Technology Act (15 U.S.C. 278g–4(b)) is amended— (1) in paragraph (2), by striking and the Director of the Office of Management and Budget and inserting , the Secretary of Commerce, and the Secretary of Homeland Security ; and (2) in paragraph (3), by inserting , the Secretary of Homeland Security, after the Secretary of Commerce . 205. Clarification of authorities Nothing in this title shall be construed to convey any new regulatory authority to any government entity implementing or complying with any provision of this title. III Criminal penalties 301. Penalties for fraud and related activity in connection with computers Section 1030(c) of title 18, United States Code, is amended to read as follows: (c) The punishment for an offense under subsection (a) or (b) of this section is— (1) a fine under this title or imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(1) of this section; (2) (A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than 3 years, or both, in the case of an offense under subsection (a)(2); or (B) a fine under this title or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(2) of this section, if— (i) the offense was committed for purposes of commercial advantage or private financial gain; (ii) the offense was committed in the furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States, or of any State; or (iii) the value of the information obtained, or that would have been obtained if the offense was completed, exceeds $5,000; (3) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(3) of this section; (4) a fine under this title or imprisonment of not more than 20 years, or both, in the case of an offense under subsection (a)(4) of this section; (5) (A) except as provided in subparagraph (C), a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(A) of this section, if the offense caused— (i) loss to 1 or more persons during any 1-year period (and, for purposes of an investigation, prosecution, or other proceeding brought by the United States only, loss resulting from a related course of conduct affecting 1 or more other protected computers) aggregating at least $5,000 in value; (ii) the modification or impairment, or potential modification or impairment, of the medical examination, diagnosis, treatment, or care of 1 or more individuals; (iii) physical injury to any person; (iv) a threat to public health or safety; (v) damage affecting a computer used by, or on behalf of, an entity of the United States Government in furtherance of the administration of justice, national defense, or national security; or (vi) damage affecting 10 or more protected computers during any 1-year period; (B) a fine under this title, imprisonment for not more than 20 years, or both, in the case of an offense under subsection (a)(5)(B), if the offense caused a harm provided in clause (i) through (vi) of subparagraph (A) of this subsection; (C) if the offender attempts to cause or knowingly or recklessly causes death from conduct in violation of subsection (a)(5)(A), a fine under this title, imprisonment for any term of years or for life, or both; (D) a fine under this title, imprisonment for not more than 10 years, or both, for any other offense under subsection (a)(5); (E) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(6) of this section; or (F) a fine under this title or imprisonment for not more than 10 years, or both, in the case of an offense under subsection (a)(7) of this section. . 302. Trafficking in passwords Section 1030(a)(6) of title 18, United States Code, is amended to read as follows: (6) knowingly and with intent to defraud traffics (as defined in section 1029) in any password or similar information or means of access through which a protected computer (as defined in subparagraphs (A) and (B) of subsection (e)(2)) may be accessed without authorization. . 303. Conspiracy and attempted computer fraud offenses Section 1030(b) of title 18, United States Code, is amended by inserting as if for the completed offense after punished as provided . 304. Criminal and civil forfeiture for fraud and related activity in connection with computers Section 1030 of title 18, United States Code, is amended by striking subsections (i) and (j) and inserting the following: (i) Criminal forfeiture (1) The court, in imposing sentence on any person convicted of a violation of this section, or convicted of conspiracy to violate this section, shall order, in addition to any other sentence imposed and irrespective of any provision of State law, that such person forfeit to the United States— (A) such persons interest in any property, real or personal, that was used, or intended to be used, to commit or facilitate the commission of such violation; and (B) any property, real or personal, constituting or derived from any gross proceeds, or any property traceable to such property, that such person obtained, directly or indirectly, as a result of such violation. (2) The criminal forfeiture of property under this subsection, including any seizure and disposition of the property, and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ), except subsection (d) of that section. (j) Civil forfeiture (1) The following shall be subject to forfeiture to the United States and no property right, real or personal, shall exist in them: (A) Any property, real or personal, that was used, or intended to be used, to commit or facilitate the commission of any violation of this section, or a conspiracy to violate this section. (B) Any property, real or personal, constituting or derived from any gross proceeds obtained directly or indirectly, or any property traceable to such property, as a result of the commission of any violation of this section, or a conspiracy to violate this section. (2) Seizures and forfeitures under this subsection shall be governed by the provisions in chapter 46 relating to civil forfeitures, except that such duties as are imposed on 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 or the Attorney General. . 305. Damage to critical infrastructure computers (a) In general Chapter 47 of title 18, United States Code, is amended by inserting after section 1030 the following: 1030A. Aggravated damage to a critical infrastructure computer (a) Definitions In this section— (1) the term computer has the meaning given the term in section 1030; (2) the term critical infrastructure computer means a computer that manages or controls systems or assets vital to national defense, national security, national economic security, public health or safety, or any combination of those matters, whether publicly or privately owned or operated, including— (A) oil and gas production, storage, conversion, and delivery systems; (B) water supply systems; (C) telecommunication networks; (D) electrical power generation and delivery systems; (E) finance and banking systems; (F) emergency services; (G) transportation systems and services; and (H) government operations that provide essential services to the public; and (3) the term damage has the meaning given the term in section 1030. (b) Offense It shall be unlawful, during and in relation to a felony violation of section 1030, to knowingly cause or attempt to cause damage to a critical infrastructure computer if the damage results in (or, in the case of an attempt, if completed, would have resulted in) the substantial impairment— (1) of the operation of the critical infrastructure computer; or (2) of the critical infrastructure associated with the computer. (c) Penalty Any person who violates subsection (b) shall be— (1) fined under this title; (2) imprisoned for not less than 3 years but not more than 20 years; or (3) penalized under paragraphs (1) and (2). (d) Consecutive sentence Notwithstanding any other provision of law— (1) a court shall not place on probation any person convicted of a violation of this section; (2) except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment, including any term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for a felony violation of section 1030; (3) in determining any term of imprisonment to be imposed for a felony violation of section 1030, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and (4) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28. . (b) Technical and conforming amendment The chapter analysis for chapter 47 of title 18, United States Code, is amended by inserting after the item relating to section 1030 the following: 1030A. Aggravated damage to a critical infrastructure computer. . 306. Limitation on actions involving unauthorized use Section 1030(e)(6) of title 18, United States Code, is amended by striking alter; and inserting alter, but does not include access in violation of a contractual obligation or agreement, such as an acceptable use policy or terms of service agreement, with an Internet service provider, Internet website, or non-government employer, if such violation constitutes the sole basis for determining that access to a protected computer is unauthorized; . 307. No new funding An applicable Federal agency shall carry out the provisions of this title with existing facilities and funds otherwise available, through such means as the head of the agency considers appropriate. IV Cybersecurity research and development 401. National High-Performance Computing Program planning and coordination (a) Goals and priorities Section 101 of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511 ) is amended by adding at the end the following: (d) Goals and priorities The goals and priorities for Federal high-performance computing research, development, networking, and other activities under subsection (a)(2)(A) shall include— (1) encouraging and supporting mechanisms for interdisciplinary research and development in networking and information technology, including— (A) through collaborations across agencies; (B) through collaborations across Program Component Areas; (C) through collaborations with industry; (D) through collaborations with institutions of higher education; (E) through collaborations with Federal laboratories (as defined in section 4 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3703 )); and (F) through collaborations with international organizations; (2) addressing national, multi-agency, multi-faceted challenges of national importance; and (3) fostering the transfer of research and development results into new technologies and applications for the benefit of society. . (b) Development of strategic plan Section 101 of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511 ) is amended by adding at the end the following: (e) Strategic plan (1) In general Not later than 1 year after the date of enactment of the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2013 , the agencies under subsection (a)(3)(B), working through the National Science and Technology Council and with the assistance of the Office of Science and Technology Policy shall develop a 5-year strategic plan to guide the activities under subsection (a)(1). (2) Contents The strategic plan shall specify— (A) the near-term objectives for the Program; (B) the long-term objectives for the Program; (C) the anticipated time frame for achieving the near-term objectives; (D) the metrics that will be used to assess any progress made toward achieving the near-term objectives and the long-term objectives; and (E) how the Program will achieve the goals and priorities under subsection (d). (3) Implementation roadmap (A) In general The agencies under subsection (a)(3)(B) shall develop and annually update an implementation roadmap for the strategic plan. (B) Requirements The information in the implementation roadmap shall be coordinated with the database under section 102(c) and the annual report under section 101(a)(3). The implementation roadmap shall— (i) specify the role of each Federal agency in carrying out or sponsoring research and development to meet the research objectives of the strategic plan, including a description of how progress toward the research objectives will be evaluated, with consideration of any relevant recommendations of the advisory committee; (ii) specify the funding allocated to each major research objective of the strategic plan and the source of funding by agency for the current fiscal year; and (iii) estimate the funding required for each major research objective of the strategic plan for the next 3 fiscal years. (4) Recommendations The agencies under subsection (a)(3)(B) shall take into consideration when developing the strategic plan under paragraph (1) the recommendations of— (A) the advisory committee under subsection (b); and (B) the stakeholders under section 102(a)(3). (5) Report to Congress The Director of the Office of Science and Technology Policy shall transmit the strategic plan under this subsection, including the implementation roadmap and any updates under paragraph (3), to— (A) the advisory committee under subsection (b); (B) the Committee on Commerce, Science, and Transportation of the Senate; and (C) the Committee on Science and Technology of the House of Representatives. . (c) Periodic reviews Section 101 of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511 ) is amended by adding at the end the following: (f) Periodic reviews The agencies under subsection (a)(3)(B) shall— (1) periodically assess the contents and funding levels of the Program Component Areas and restructure the Program when warranted, taking into consideration any relevant recommendations of the advisory committee under subsection (b); and (2) ensure that the Program includes national, multi-agency, multi-faceted research and development activities, including activities described in section 104. . (d) Additional responsibilities of Director Section 101(a)(2) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511(a)(2) ) is amended— (1) by redesignating subparagraphs (E) and (F) as subparagraphs (G) and (H), respectively; and (2) by inserting after subparagraph (D) the following: (E) encourage and monitor the efforts of the agencies participating in the Program to allocate the level of resources and management attention necessary— (i) to ensure that the strategic plan under subsection (e) is developed and executed effectively; and (ii) to ensure that the objectives of the Program are met; (F) working with the Office of Management and Budget and in coordination with the creation of the database under section 102(c), direct the Office of Science and Technology Policy and the agencies participating in the Program to establish a mechanism (consistent with existing law) to track all ongoing and completed research and development projects and associated funding; . (e) Advisory committee Section 101(b) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511(b) ) is amended— (1) in paragraph (1)— (A) by inserting after the first sentence the following: The co-chairs of the advisory committee shall meet the qualifications of committee members and may be members of the Presidents Council of Advisors on Science and Technology. ; and (B) by striking high-performance in subparagraph (D) and inserting high-end ; and (2) by amending paragraph (2) to read as follows: (2) In addition to the duties under paragraph (1), the advisory committee shall conduct periodic evaluations of the funding, management, coordination, implementation, and activities of the Program. The advisory committee shall report its findings and recommendations not less frequently than once every 3 fiscal years to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives. The report shall be submitted in conjunction with the update of the strategic plan. . (f) Report Section 101(a)(3) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511(a)(3) ) is amended— (1) in subparagraph (C)— (A) by striking is submitted, and inserting is submitted, the levels for the previous fiscal year, ; and (B) by striking each Program Component Area and inserting each Program Component Area and each research area supported in accordance with section 104 ; (2) in subparagraph (D)— (A) by striking each Program Component Area, and inserting each Program Component Area and each research area supported in accordance with section 104, ; (B) by striking is submitted, and inserting is submitted, the levels for the previous fiscal year, ; and (C) by striking and after the semicolon; (3) by redesignating subparagraph (E) as subparagraph (G); and (4) by inserting after subparagraph (D) the following: (E) include a description of how the objectives for each Program Component Area, and the objectives for activities that involve multiple Program Component Areas, relate to the objectives of the Program identified in the strategic plan under subsection (e); (F) include— (i) a description of the funding required by the Office of Science and Technology Policy to perform the functions under subsections (a) and (c) of section 102 for the next fiscal year by category of activity; (ii) a description of the funding required by the Office of Science and Technology Policy to perform the functions under subsections (a) and (c) of section 102 for the current fiscal year by category of activity; and (iii) the amount of funding provided for the Office of Science and Technology Policy for the current fiscal year by each agency participating in the Program; and . (g) Definitions Section 4 of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5503 ) is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (2) by redesignating paragraph (3) as paragraph (6); (3) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; (4) by inserting before paragraph (2), as redesignated, the following: (1) cyber-physical systems means physical or engineered systems whose networking and information technology functions and physical elements are deeply integrated and are actively connected to the physical world through sensors, actuators, or other means to perform monitoring and control functions; ; (5) in paragraph (3), as redesignated, by striking high-performance computing and inserting networking and information technology ; (6) in paragraph (6), as redesignated— (A) by striking high-performance computing and inserting networking and information technology ; and (B) by striking supercomputer and inserting high-end computing ; (7) in paragraph (5), by striking network referred to as and all that follows through the semicolon and inserting network, including advanced computer networks of Federal agencies and departments ; and (8) in paragraph (7), as redesignated, by striking National High-Performance Computing Program and inserting networking and information technology research and development program . 402. Research in areas of national importance (a) Research in areas of national importance Title I of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511 et seq. ) is amended by adding at the end the following: 104. Research in areas of national importance (a) In general The Program shall encourage agencies under section 101(a)(3)(B) to support, maintain, and improve national, multi-agency, multi-faceted, research and development activities in networking and information technology directed toward application areas that have the potential for significant contributions to national economic competitiveness and for other significant societal benefits. (b) Technical solutions An activity under subsection (a) shall be designed to advance the development of research discoveries by demonstrating technical solutions to important problems in areas including— (1) cybersecurity; (2) health care; (3) energy management and low-power systems and devices; (4) transportation, including surface and air transportation; (5) cyber-physical systems; (6) large-scale data analysis and modeling of physical phenomena; (7) large scale data analysis and modeling of behavioral phenomena; (8) supply chain quality and security; and (9) privacy protection and protected disclosure of confidential data. (c) Recommendations The advisory committee under section 101(b) shall make recommendations to the Program for candidate research and development areas for support under this section. (d) Characteristics (1) In general Research and development activities under this section— (A) shall include projects selected on the basis of applications for support through a competitive, merit-based process; (B) shall leverage, when possible, Federal investments through collaboration with related State initiatives; (C) shall include a plan for fostering the transfer of research discoveries and the results of technology demonstration activities, including from institutions of higher education and Federal laboratories, to industry for commercial development; (D) shall involve collaborations among researchers in institutions of higher education and industry; and (E) may involve collaborations among nonprofit research institutions and Federal laboratories, as appropriate. (2) Cost-sharing In selecting applications for support, the agencies under section 101(a)(3)(B) shall give special consideration to projects that include cost sharing from non-Federal sources. (3) Multidisciplinary research centers Research and development activities under this section shall be supported through multidisciplinary research centers, including Federal laboratories, that are organized to investigate basic research questions and carry out technology demonstration activities in areas described in subsection (a). Research may be carried out through existing multidisciplinary centers, including those authorized under section 7024(b)(2) of the America COMPETES Act (42 U.S.C. 1862o–10(2)). . (b) Cyber-Physical systems Section 101(a)(1) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5511(a)(1) ) is amended— (1) in subparagraph (H), by striking and after the semicolon; (2) in subparagraph (I), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following: (J) provide for increased understanding of the scientific principles of cyber-physical systems and improve the methods available for the design, development, and operation of cyber-physical systems that are characterized by high reliability, safety, and security; and (K) provide for research and development on human-computer interactions, visualization, and big data. . (c) Task force Title I of the High-Performance Computing Act of 1991 (15 U.S.C. 5511 et seq.), as amended by section 402(a) of this Act, is amended by adding at the end the following: 105. Task force (a) Establishment Not later than 180 days after the date of enactment the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2013 , the Director of the Office of Science and Technology Policy under section 102 shall convene a task force to explore mechanisms for carrying out collaborative research and development activities for cyber-physical systems (including the related technologies required to enable these systems) through a consortium or other appropriate entity with participants from institutions of higher education, Federal laboratories, and industry. (b) Functions The task force shall— (1) develop options for a collaborative model and an organizational structure for such entity under which the joint research and development activities could be planned, managed, and conducted effectively, including mechanisms for the allocation of resources among the participants in such entity for support of such activities; (2) propose a process for developing a research and development agenda for such entity, including guidelines to ensure an appropriate scope of work focused on nationally significant challenges and requiring collaboration and to ensure the development of related scientific and technological milestones; (3) define the roles and responsibilities for the participants from institutions of higher education, Federal laboratories, and industry in such entity; (4) propose guidelines for assigning intellectual property rights and for transferring research results to the private sector; and (5) make recommendations for how such entity could be funded from Federal, State, and non-governmental sources. (c) Composition In establishing the task force under subsection (a), the Director of the Office of Science and Technology Policy shall appoint an equal number of individuals from institutions of higher education and from industry with knowledge and expertise in cyber-physical systems, and may appoint not more than 2 individuals from Federal laboratories. (d) Report Not later than 1 year after the date of enactment of the Strengthening and Enhancing Cybersecurity by Using Research, Education, Information, and Technology Act of 2013 , the Director of the Office of Science and Technology Policy shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology of the House of Representatives a report describing the findings and recommendations of the task force. (e) Termination The task force shall terminate upon transmittal of the report required under subsection (d). (f) Compensation and expenses Members of the task force shall serve without compensation. . 403. Program improvements Section 102 of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5512 ) is amended to read as follows: 102. Program improvements (a) Functions The Director of the Office of Science and Technology Policy shall continue— (1) to provide technical and administrative support to— (A) the agencies participating in planning and implementing the Program, including support needed to develop the strategic plan under section 101(e); and (B) the advisory committee under section 101(b); (2) to serve as the primary point of contact on Federal networking and information technology activities for government agencies, academia, industry, professional societies, State computing and networking technology programs, interested citizen groups, and others to exchange technical and programmatic information; (3) to solicit input and recommendations from a wide range of stakeholders during the development of each strategic plan under section 101(e) by convening at least 1 workshop with invitees from academia, industry, Federal laboratories, and other relevant organizations and institutions; (4) to conduct public outreach, including the dissemination of the advisory committee's findings and recommendations, as appropriate; (5) to promote access to and early application of the technologies, innovations, and expertise derived from Program activities to agency missions and systems across the Federal Government and to United States industry; (6) to ensure accurate and detailed budget reporting of networking and information technology research and development investment; and (7) to encourage agencies participating in the Program to use existing programs and resources to strengthen networking and information technology education and training, and increase participation in such fields, including by women and underrepresented minorities. (b) Source of funding (1) In general The functions under this section shall be supported by funds from each agency participating in the Program. (2) Specifications The portion of the total budget of the Office of Science and Technology Policy that is provided by each agency participating in the Program for each fiscal year shall be in the same proportion as each agency's share of the total budget for the Program for the previous fiscal year, as specified in the database under section 102(c). (c) Database (1) In general The Director of the Office of Science and Technology Policy shall develop and maintain a database of projects funded by each agency for the fiscal year for each Program Component Area. (2) Public accessibility The Director of the Office of Science and Technology Policy shall make the database accessible to the public. (3) Database contents The database shall include, for each project in the database— (A) a description of the project; (B) each agency, industry, institution of higher education, Federal laboratory, or international institution involved in the project; (C) the source funding of the project (set forth by agency); (D) the funding history of the project; and (E) whether the project has been completed. . 404. Improving education of networking and information technology, including high performance computing Section 201(a) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5521(a) ) is amended— (1) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; and (2) by inserting after paragraph (1) the following: (2) the National Science Foundation shall use its existing programs, in collaboration with other agencies, as appropriate, to improve the teaching and learning of networking and information technology at all levels of education and to increase participation in networking and information technology fields; . 405. Conforming and technical amendments to the High-Performance Computing Act of 1991 (a) Section 3 Section 3 of the High-Performance Computing Act of 1991 (15 U.S.C. 5502) is amended— (1) in the matter preceding paragraph (1), by striking high-performance computing and inserting networking and information technology ; (2) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking high-performance computing and inserting networking and information technology ; (B) in subparagraphs (A), (F), and (G), by striking high-performance computing each place it appears and inserting networking and information technology ; and (C) in subparagraph (H), by striking high-performance and inserting high-end ; and (3) in paragraph (2)— (A) by striking high-performance computing and and inserting networking and information technology, and ; and (B) by striking high-performance computing network and inserting networking and information technology . (b) Title heading The heading of title I of the High-Performance Computing Act of 1991 (105 Stat. 1595) is amended by striking High-performance computing and inserting Networking and information technology . (c) Section 101 Section 101 of the High-Performance Computing Act of 1991 (15 U.S.C. 5511) is amended— (1) in the section heading, by striking high-performance computing and inserting networking and information technology research and development ; (2) in subsection (a)— (A) in the subsection heading, by striking National High-Performance Computing and inserting Networking and Information Technology Research and Development ; (B) in paragraph (1)— (i) by striking National High-Performance Computing Program and inserting networking and information technology research and development program ; (ii) in subparagraph (A), by striking high-performance computing, including networking and inserting networking and information technology ; (iii) in subparagraphs (B) and (G), by striking high-performance each place it appears and inserting high-end ; and (iv) in subparagraph (C), by striking high-performance computing and networking and inserting high-end computing, distributed, and networking ; and (C) in paragraph (2)— (i) in subparagraphs (A) and (C)— (I) by striking high-performance computing each place it appears and inserting networking and information technology ; and (II) by striking development, networking, each place it appears and inserting development, ; and (ii) in subparagraphs (G) and (H), as redesignated by section 401(d) of this Act, by striking high-performance each place it appears and inserting high-end ; (3) in subsection (b)(1), in the matter preceding subparagraph (A), by striking high-performance computing each place it appears and inserting networking and information technology ; and (4) in subsection (c)(1)(A), by striking high-performance computing and inserting networking and information technology . (d) Section 201 Section 201(a)(1) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5521(a)(1) ) is amended by striking high-performance computing and advanced high-speed computer networking and inserting networking and information technology research and development . (e) Section 202 Section 202(a) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5522(a) ) is amended by striking high-performance computing and inserting networking and information technology . (f) Section 203 Section 203(a) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5523(a) ) is amended— (1) in paragraph (1), by striking high-performance computing and networking and inserting networking and information technology ; and (2) in paragraph (2)(A), by striking high-performance and inserting high-end . (g) Section 204 Section 204 of the High-Performance Computing Act of 1991 (15 U.S.C. 5524) is amended— (1) in subsection (a)(1)— (A) in subparagraph (A), by striking high-performance computing systems and networks and inserting networking and information technology systems and capabilities ; (B) in subparagraph (B), by striking interoperability of high-performance computing systems in networks and for common user interfaces to systems and inserting interoperability and usability of networking and information technology systems ; and (C) in subparagraph (C), by striking high-performance computing and inserting networking and information technology ; and (2) in subsection (b)— (A) by striking High-Performance Computing and Network in the heading and inserting Networking and Information Technology ; and (B) by striking sensitive . (h) Section 205 Section 205(a) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5525(a) ) is amended by striking computational and inserting networking and information technology . (i) Section 206 Section 206(a) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5526(a) ) is amended by striking computational research and inserting networking and information technology research . (j) Section 207 Section 207 of the High-Performance Computing Act of 1991 (15 U.S.C. 5527) is amended by striking high-performance computing and inserting networking and information technology . (k) Section 208 Section 208 of the High-Performance Computing Act of 1991 (15 U.S.C. 5528) is amended— (1) in the section heading, by striking high-performance computing and inserting networking and information technology ; and (2) in subsection (a)— (A) in paragraph (1), by striking High-performance computing and associated and inserting Networking and information ; (B) in paragraph (2), by striking high-performance computing and inserting networking and information technologies ; (C) in paragraph (3), by striking high-performance and inserting high-end ; (D) in paragraph (4), by striking high-performance computers and associated and inserting networking and information ; and (E) in paragraph (5), by striking high-performance computing and associated and inserting networking and information . 406. Federal cyber scholarship-for-service program (a) In general The Director of the National Science Foundation, in coordination with the Secretary of Homeland Security, shall carry out a Federal cyber scholarship-for-service program to recruit and train the next generation of information technology professionals and security managers to meet the needs of the cybersecurity mission for the Federal Government. (b) Program description and components The program shall— (1) annually assess the workforce needs of the Federal Government for cybersecurity professionals, including network engineers, software engineers, and other experts in order to determine how many scholarships should be awarded annually to ensure that the workforce needs following graduation match the number of scholarships awarded; (2) provide scholarships for up to 1,000 students per year in their pursuit of undergraduate or graduate degrees in the cybersecurity field, in an amount that may include coverage for full tuition, fees, and a stipend; (3) require each scholarship recipient, as a condition of receiving a scholarship under the program, to serve in a Federal information technology workforce for a period equal to one and one-half times each year, or partial year, of scholarship received, in addition to an internship in the cybersecurity field, if applicable, following graduation; (4) provide a procedure for the National Science Foundation or a Federal agency, consistent with regulations of the Office of Personnel Management, to request and fund a security clearance for a scholarship recipient, including providing for clearance during a summer internship and upon graduation; and (5) provide opportunities for students to receive temporary appointments for meaningful employment in the Federal information technology workforce during school vacation periods and for internships. (c) Hiring authority (1) In general For purposes of any law or regulation governing the appointment of an individual in the Federal civil service, upon the successful completion of the student's studies, a student receiving a scholarship under the program may— (A) be hired under section 213.3102(r) of title 5, Code of Federal Regulations; and (B) be exempt from competitive service. (2) Competitive service Upon satisfactory fulfillment of the service term under paragraph (1), an individual may be converted to a competitive service position without competition if the individual meets the requirements for that position. (d) Eligibility The eligibility requirements for a scholarship under this section shall include that a scholarship applicant— (1) be a citizen of the United States; (2) be eligible to be granted a security clearance; (3) maintain a grade point average of 3.2 or above on a 4.0 scale for undergraduate study or a 3.5 or above on a 4.0 scale for postgraduate study; (4) demonstrate a commitment to a career in improving the security of the information infrastructure; and (5) has demonstrated a level of proficiency in math or computer sciences. (e) Failure To complete service obligation (1) In general A scholarship recipient under this section shall be liable to the United States under paragraph (2) if the scholarship recipient— (A) fails to maintain an acceptable level of academic standing in the educational institution in which the individual is enrolled, as determined by the Director; (B) is dismissed from such educational institution for disciplinary reasons; (C) withdraws from the program for which the award was made before the completion of such program; (D) declares that the individual does not intend to fulfill the service obligation under this section; (E) fails to fulfill the service obligation of the individual under this section; or (F) loses a security clearance or becomes ineligible for a security clearance. (2) Repayment amounts (A) Less than 1 year of service If a circumstance under paragraph (1) occurs before the completion of 1 year of a service obligation under this section, the total amount of awards received by the individual under this section shall be repaid. (B) One or more years of service If a circumstance described in subparagraph (D) or (E) of paragraph (1) occurs after the completion of 1 year of a service obligation under this section, the total amount of scholarship awards received by the individual under this section, reduced by the ratio of the number of years of service completed divided by the number of years of service required, shall be repaid. (f) Evaluation and report The Director of the National Science Foundation shall— (1) evaluate the success of recruiting individuals for scholarships under this section and of hiring and retaining those individuals in the public sector workforce, including the annual cost and an assessment of how the program actually improves the Federal workforce; and (2) periodically report the findings under paragraph (1) to Congress. (g) Authorization of appropriations From amounts made available under section 503 of the America COMPETES Reauthorization Act of 2010 (124 Stat. 4005), the Secretary may use funds to carry out the requirements of this section for fiscal years 2014 through 2015. 407. Study and analysis of certification and training of information infrastructure professionals (a) Study The President shall enter into an agreement with the National Academies to conduct a comprehensive study of government, academic, and private-sector accreditation, training, and certification programs for personnel working in information infrastructure. The agreement shall require the National Academies to consult with sector coordinating councils and relevant governmental agencies, regulatory entities, and nongovernmental organizations in the course of the study. (b) Scope The study shall include— (1) an evaluation of the body of knowledge and various skills that specific categories of personnel working in information infrastructure should possess in order to secure information systems; (2) an assessment of whether existing government, academic, and private-sector accreditation, training, and certification programs provide the body of knowledge and various skills described in paragraph (1); (3) an analysis of any barriers to the Federal Government recruiting and hiring cybersecurity talent, including barriers relating to compensation, the hiring process, job classification, and hiring flexibility; and (4) an analysis of the sources and availability of cybersecurity talent, a comparison of the skills and expertise sought by the Federal Government and the private sector, an examination of the current and future capacity of United States institutions of higher education, including community colleges, to provide current and future cybersecurity professionals, through education and training activities, with those skills sought by the Federal Government, State and local entities, and the private sector. (c) Report Not later than 1 year after the date of enactment of this Act, the National Academies shall submit to the President and Congress a report on the results of the study. The report shall include— (1) findings regarding the state of information infrastructure accreditation, training, and certification programs, including specific areas of deficiency and demonstrable progress; and (2) recommendations for the improvement of information infrastructure accreditation, training, and certification programs. 408. International cybersecurity technical standards (a) In general The Director of the National Institute of Standards and Technology, in coordination with appropriate Federal authorities, shall— (1) as appropriate, ensure coordination of Federal agencies engaged in the development of international technical standards related to information system security; and (2) not later than 1 year after the date of enactment of this Act, develop and transmit to Congress a plan for ensuring such Federal agency coordination. (b) Consultation with the private sector In carrying out the activities under subsection (a)(1), the Director shall ensure consultation with appropriate private sector stakeholders. 409. Identity management research and development The Director of the National Institute of Standards and Technology shall continue a program to support the development of technical standards, metrology, testbeds, and conformance criteria, taking into account appropriate user concerns— (1) to improve interoperability among identity management technologies; (2) to strengthen authentication methods of identity management systems; (3) to improve privacy protection in identity management systems, including health information technology systems, through authentication and security protocols; and (4) to improve the usability of identity management systems. 410. Federal cybersecurity research and development (a) National Science Foundation computer and network security research grant areas Section 4(a)(1) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(a)(1) ) is amended— (1) in subparagraph (H), by striking and after the semicolon; (2) in subparagraph (I), by striking property. and inserting property; ; and (3) by adding at the end the following: (J) secure fundamental protocols that are at the heart of inter-network communications and data exchange; (K) system security that addresses the building of secure systems from trusted and untrusted components; (L) monitoring and detection; and (M) resiliency and rapid recovery methods. . (b) National Science Foundation computer and network security grants Section 4(a)(3) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(a)(3) ) is amended— (1) in subparagraph (D), by striking and ; (2) in subparagraph (E), by striking 2007. and inserting 2007; ; and (3) by adding at the end the following: (F) such funds from amounts made available under section 503 of the America COMPETES Reauthorization Act of 2010 (124 Stat. 4005), as the Secretary finds necessary to carry out the requirements of this subsection for fiscal years 2014 through 2015. . (c) Computer and network security centers Section 4(b)(7) of the Cyber Security Research and Development Act ( 15 U.S.C. 7403(b)(7) ) is amended— (1) in subparagraph (D), by striking and ; (2) in subparagraph (E), by striking 2007. and inserting 2007; ; and (3) by adding at the end the following: (F) such funds from amounts made available under section 503 of the America COMPETES Reauthorization Act of 2010 (124 Stat. 4005), as the Secretary finds necessary to carry out the requirements of this subsection for fiscal years 2014 through 2015. . (d) Computer and network security capacity building grants Section 5(a)(6) of the Cyber Security Research and Development Act ( 15 U.S.C. 7404(a)(6) ) is amended— (1) in subparagraph (D), by striking and ; (2) in subparagraph (E), by striking 2007. and inserting 2007; ; and (3) by adding at the end the following: (F) such funds from amounts made available under section 503 of the America COMPETES Reauthorization Act of 2010 (124 Stat. 4005), as the Secretary finds necessary to carry out the requirements of this subsection for fiscal years 2014 through 2015. . (e) Scientific and advanced technology Act grants Section 5(b)(2) of the Cyber Security Research and Development Act ( 15 U.S.C. 7404(b)(2) ) is amended— (1) in subparagraph (D), by striking and ; (2) in subparagraph (E), by striking 2007. and inserting 2007; ; and (3) by adding at the end the following: (F) such funds from amounts made available under section 503 of the America COMPETES Reauthorization Act of 2010 (124 Stat. 4005), as the Secretary finds necessary to carry out the requirements of this subsection for fiscal years 2014 through 2015. . (f) Graduate traineeships in computer and network security research Section 5(c)(7) of the Cyber Security Research and Development Act (15 U.S.C. 7404(c)(7)) is amended— (1) in subparagraph (D), by striking and ; (2) in subparagraph (E), by striking 2007. and inserting 2007; ; and (3) by adding at the end the following: (F) such funds from amounts made available under section 503 of the America COMPETES Reauthorization Act of 2010 (124 Stat. 4005), as the Secretary finds necessary to carry out the requirements of this subsection for fiscal years 2014 through 2015. . V Data Security and Breach Notification 501. Requirements for information security Each covered entity shall take reasonable measures to protect and secure data in electronic form containing personal information. 502. Notification of information security breach (a) Notification (1) In general A covered entity that owns or licenses data in electronic form containing personal information shall give notice of any breach of the security of the system following discovery by the covered entity of the breach of the security of the system to each individual who is a citizen or resident of the United States whose personal information was or that the covered entity reasonably believes to have been accessed and acquired by an unauthorized person and that the covered entity reasonably believes has caused or will cause, identity theft or other financial harm. (2) Law enforcement A covered entity shall notify the Secret Service or the Federal Bureau of Investigation of the fact that a breach of security has occurred if the number of individuals whose personal information the covered entity reasonably believes to have been accessed and acquired by an unauthorized person exceeds 10,000. (b) Special notification requirements (1) Third-party agents (A) In general In the event of a breach of security of a system maintained by a third-party entity that has been contracted to maintain, store, or process data in electronic form containing personal information on behalf of a covered entity who owns or possesses such data, such third-party entity shall notify such covered entity of the breach of security. (B) Covered entities who receive notice from third parties Upon receiving notification from a third party under subparagraph (A), a covered entity shall provide notification as required under subsection (a). (C) Exception for service providers A service provider shall not be considered a third-party agent for purposes of this paragraph. (2) Service providers (A) In general If a service provider becomes aware of a breach of security involving data in electronic form containing personal information that is owned or possessed by a covered entity that connects to or uses a system or network provided by the service provider for the purpose of transmitting, routing, or providing intermediate or transient storage of such data, such service provider shall notify the covered entity who initiated such connection, transmission, routing, or storage if such covered entity can be reasonably identified. (B) Covered entities who receive notice from service providers Upon receiving notification from a service provider under subparagraph (A), a covered entity shall provide notification as required under subsection (a). (c) Timeliness of notification (1) In general Unless subject to a delay authorized under paragraph (2), a notification required under subsection (a) with respect to a security breach shall be made as expeditiously as practicable and without unreasonable delay, consistent with any measures necessary to determine the scope of the security breach and restore the reasonable integrity of the data system that was breached. (2) Delay of notification authorized for law enforcement or national security purposes (A) Law enforcement If a Federal law enforcement agency determines that the notification required under subsection (a) would impede a civil or criminal investigation, such notification shall be delayed upon the written request of the law enforcement agency for any period which the law enforcement agency determines is reasonably necessary. A law enforcement agency may, by a subsequent written request, revoke such delay or extend the period set forth in the original request made under this subparagraph by a subsequent request if further delay is necessary. (B) National security If a Federal national security agency or homeland security agency determines that the notification required under this section would threaten national or homeland security, such notification may be delayed upon the written request of the national security agency or homeland security agency for any period which the national security agency or homeland security agency determines is reasonably necessary. A Federal national security agency or homeland security agency may revoke such delay or extend the period set forth in the original request made under this subparagraph by a subsequent written request if further delay is necessary. (d) Method and content of notification (1) Direct notification (A) Method of notification A covered entity required to provide notification to an individual under subsection (a) shall be in compliance with such requirement if the covered entity provides such notice by one of the following methods: (i) Written notification, sent to the postal address of the individual in the records of the covered entity. (ii) Telephone. (iii) Email or other electronic means. (B) Content of notification Regardless of the method by which notification is provided to an individual under subparagraph (A) with respect to a security breach, such notification, to the extent practicable, shall include— (i) the date, estimated date, or estimated date range of the breach of security; (ii) a description of the personal information that was accessed and acquired, or reasonably believed to have been accessed and acquired, by an unauthorized person as a part of the security breach; and (iii) information that the individual can use to contact the covered entity to inquire about— (I) the breach of security; or (II) the information the covered entity maintained about that individual. (2) Substitute notification (A) Circumstances giving rise to substitute notification A covered entity required to provide notification to an individual under subsection (a) may provide substitute notification in lieu of the direct notification required by paragraph (1) if such direct notification is not feasible due to— (i) excessive cost to the covered entity required to provide such notification relative to the resources of such covered entity; or (ii) lack of sufficient contact information for the individual required to be notified. (B) Form of substitute notification Such substitute notification shall include at least one of the following: (i) A conspicuous notice on the Internet website of the covered entity (if such covered entity maintains such a website). (ii) Notification in print and to broadcast media, including major media in metropolitan and rural areas where the individuals whose personal information was acquired reside. (e) Treatment of persons governed by other Federal law Except as provided in section 503(b), a covered entity who is in compliance with any other Federal law that requires such covered entity to provide notification to individuals following a breach of security shall be deemed to be in compliance with this section. 503. Application and enforcement (a) General application The requirements of sections 501 and 502 apply to— (1) those persons, partnerships, or corporations over which the Commission has authority pursuant to section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ); and (2) notwithstanding section 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 45(a)(2) ), common carriers subject to the Communications Act of 1934 (47 U.S.C. 151 et seq.). (b) Application to cable operators, satellite operators, and telecommunications carriers Sections 222, 338, and 631 of the Communications Act of 1934 ( 47 U.S.C. 222 , 338, and 551), and any regulations promulgated thereunder, shall not apply with respect to the information security practices, including practices relating to the notification of unauthorized access to data in electronic form, of any covered entity otherwise subject to those sections. (c) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of section 501 or 502 shall be treated as an unfair or deceptive act or practice in violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices. (2) Powers of commission (A) In general Except as provided in subsection (a), the Commission shall enforce this title in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this title. (B) Privileges and immunities Any person who violates section 502 or 503 shall be subject to the penalties and entitled to the privileges and immunities provided in such Act. (3) Maximum total liability Notwithstanding the number of actions which may be brought against a covered entity under this subsection, the maximum civil penalty for which any covered entity may be liable under this subsection for all actions shall not exceed— (A) $500,000 for all violations of section 501 resulting from the same related act or omission; and (B) $500,000 for all violations of section 502 resulting from a single breach of security. (d) No private cause of action Nothing in this title shall be construed to establish a private cause of action against a person for a violation of this title. 504. Definitions In this title: (1) Breach of security The term breach of security means unauthorized access and acquisition of data in electronic form containing personal information. (2) Commission The term Commission means the Federal Trade Commission. (3) Covered entity (A) In general The term covered entity means a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity that acquires, maintains, stores, or utilizes personal information. (B) Exemptions The term covered entity does not include the following: (i) Financial institutions subject to title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.). (ii) An entity covered by the regulations issued under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ) to the extent that such entity is subject to the requirements of such regulations with respect to protected health information. (4) Data in electronic form The term data in electronic form means any data stored electronically or digitally on any computer system or other database and includes recordable tapes and other mass storage devices. (5) Personal information (A) In general The term personal information means an individual's first name or first initial and last name in combination with any 1 or more of the following data elements for that individual: (i) Social Security number. (ii) Driver’s license number, passport number, military identification number, or other similar number issued on a government document used to verify identity. (iii) Financial account number, or credit or debit card number, and any required security code, access code, or password that is necessary to permit access to an individual’s financial account. (B) Exclusions (i) public record information Personal information does not include information obtained about an individual which has been lawfully made publicly available by a Federal, State, or local government entity or widely distributed by media. (ii) Encrypted, redacted, or secured data Personal information does not include information that is encrypted, redacted, or secured by any other method or technology that renders the data elements unusable. (6) Service provider The term service provider means an entity that provides electronic data transmission, routing, intermediate, and transient storage, or connections to its system or network, where such entity providing such services does not select or modify the content of the electronic data, is not the sender or the intended recipient of the data, and does not differentiate personal information from other information that such entity transmits, routes, stores, or for which such entity provides connections. Any such entity shall be treated as a service provider under this title only to the extent that it is engaged in the provision of such transmission, routing, intermediate and transient storage, or connections. 505. Effect on other laws This title preempts any law, rule, regulation, requirement, standard, or other provision having the force and effect of law of any State, or political subdivision of a State, relating to the protection or security of data in electronic form containing personal information or the notification of a breach of security. 506. Effective date This title shall take effect on the date that is 1 year after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1468ih/xml/BILLS-113hr1468ih.xml |
113-hr-1469 | I 113th CONGRESS 1st Session H. R. 1469 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Burgess introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To repeal certain amendments to the Clean Air Act relating to the expansion of the renewable fuel program, and for other purposes.
1. Short title This Act may be cited as the Leave Ethanol Volumes at Existing Levels Act or the LEVEL Act . 2. Repeal of expansion of Renewable Fuel Program (a) Definitions Section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended to read as follows: (1) Definitions In this section: (A) Cellulosic biomass ethanol The term cellulosic biomass ethanol means ethanol derived from any lignocellulosic or hemicellulosic matter that is available on a renewable or recurring basis, including— (i) dedicated energy crops and trees; (ii) wood and wood residues; (iii) plants; (iv) grasses; (v) agricultural residues; (vi) fibers; (vii) animal wastes and other waste materials; and (viii) municipal solid waste. The term also includes any ethanol produced in facilities where animal wastes or other waste materials are digested or otherwise used to displace 90 percent or more of the fossil fuel normally used in the production of ethanol. (B) Waste derived ethanol The term waste derived ethanol means ethanol derived from— (i) animal wastes, including poultry fats and poultry wastes, and other waste materials; or (ii) municipal solid waste. (C) Renewable fuel (i) In general The term renewable fuel means motor vehicle fuel that— (I) (aa) is produced from grain, starch, oilseeds, vegetable, animal, or fish materials including fats, greases, and oils, sugarcane, sugar beets, sugar components, tobacco, potatoes, or other biomass; or (bb) is natural gas produced from a biogas source, including a landfill, sewage waste treatment plant, feedlot, or other place where decaying organic material is found; and (II) is used to replace or reduce the quantity of fossil fuel present in a fuel mixture used to operate a motor vehicle. (ii) Inclusion The term renewable fuel includes— (I) cellulosic biomass ethanol and waste derived ethanol; and (II) biodiesel (as defined in section 312(f) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f))) and any blending components derived from renewable fuel (provided that only the renewable fuel portion of any such blending component shall be considered part of the applicable volume under the renewable fuel program established by this subsection). (D) Small refinery The term small refinery means a refinery for which the average aggregate daily crude oil throughput for a calendar year (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels. . (b) Renewable fuel program Paragraph (2) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(2)) is amended as follows: (1) Regulations Clause (i) of subparagraph (A) is amended by striking the last sentence. (2) Applicable volumes of renewable fuel Subparagraph (B) is amended to read as follows: (B) Applicable volume For the purpose of subparagraph (A), the applicable volume of renewable fuel for each calendar year shall be 7,500,000,000 gallons. . (c) Applicable percentages Paragraph (3) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o)(3) ) is amended as follows: (1) In subparagraph (A), by striking each of calendar years 2005 through 2021 and inserting each calendar year . (2) In subparagraph (A), by striking transportation fuel, biomass-based diesel, and cellulosic biofuel and inserting gasoline . (3) In subparagraph (B)(i), by striking each of calendar years 2005 through 2021 and inserting each calendar year . (4) In subparagraph (B), by striking transportation fuel and inserting gasoline in clause (ii)(II). (d) Cellulosic biomass ethanol or waste derived ethanol Paragraph (4) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o)(4) ) is amended to read as follows: (4) Cellulosic biomass ethanol or waste derived ethanol For the purpose of paragraph (2), 1 gallon of cellulosic biomass ethanol or waste derived ethanol shall be considered to be the equivalent of 2.5 gallons of renewable fuel. . (e) Credit program Paragraph (5) of section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o)(5) ) is amended by striking subparagraph (E). (f) Waivers (1) In general Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended— (A) in subparagraph (A), by striking , by any person subject to the requirements of this subsection, or by the Administrator on his own motion ; and (B) by inserting State before petition for a waiver in subparagraph (B). (2) Cellulosic biofuel Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking subparagraph (D). (3) Biomass-based diesel Paragraph (7) of section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)(7)) is amended by striking subparagraphs (E) and (F). (g) Periodic Reviews Section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ) is amended by striking paragraph (11). (h) Savings clause Section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ) is amended by striking paragraph (12). (i) Regulations Section 211 of the Clean Air Act ( 42 U.S.C. 7545 ) is amended by striking paragraph (2) of subsection (v). (j) Other provisions (1) Environmental and resource conservation impacts Section 204(b) of the Energy Independence and Security Act of 2007 ( Public Law 110–140 ) is repealed. (2) Effective date, savings provision, and transition rules Section 210 of the Energy Independence and Security Act of 2007 ( Public Law 110–140 ) is repealed. (k) Effective date The amendments made by this section shall take effect on January 1 of the first calendar year following the date of enactment of this Act. (l) Estimates for first calendar year Prior to January 1 of the first calendar year following the date of enactment of this Act— (1) the Administrator of the Energy Information Administration shall provide to the Administrator of the Environmental Protection Agency an estimate, under section 211(o)(3) of the Clean Air Act, as amended by this Act, with respect to such calendar year, of the volumes of gasoline projected to be sold or introduced into commerce in the United States; and (2) based on the estimate provided under paragraph (1), the Administrator of the Environmental Protection Agency shall determine and publish in the Federal Register, with respect to such calendar year, the renewable fuel obligation for such calendar year under section 211(o)(3) of the Clean Air Act, as amended by this Act. 3. Prohibition of authorization of higher ethanol blends (a) Prohibition Notwithstanding any provision of the Clean Air Act ( 42 U.S.C. 7401 et seq. ), the Administrator of the Environmental Protection Agency may not permit or authorize (including by granting a wavier through the fuels and fuel additives waiver process under section 211(f)(4) of such Act ( 42 U.S.C. 7545(f)(4) )) the introduction into commerce of gasoline that— (1) contains greater than 10-volume-percent ethanol; (2) is intended for general use in conventional gasoline-powered onroad or nonroad vehicles or engines; and (3) is not, on or before the date of enactment of this Act— (A) registered in accordance with section 211(b) of such Act ( 42 U.S.C. 7545(b) ); and (B) lawfully sold in the United States. (b) Repeal of existing waivers (1) In general Any waiver described in paragraph (2) is repealed and shall have no force or effect. (2) Waiver A waiver described in this paragraph— (A) is a waiver granted pursuant to section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)) prior to the date of enactment of this Act that permits or authorizes the introduction into commerce of gasoline that contains greater than 10-volume-percent ethanol for general use in conventional gasoline-powered onroad or nonroad vehicles or engines; and (B) includes the following: (i) Partial Grant and Partial Denial of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator published at 75 Fed. Reg. 68094 (November 4, 2010). (ii) Partial Grant of Clean Air Act Waiver Application Submitted by Growth Energy To Increase the Allowable Ethanol Content of Gasoline to 15 Percent; Decision of the Administrator published at 76 Fed. Reg. 4662 (January 26, 2011). (3) Exception Paragraph (1) shall not apply with respect to a waiver to the extent such waiver permits or authorizes the introduction into commerce of gasoline— (A) that is described in paragraph (2)(A); and (B) that is, on or before the date of enactment of this Act— (i) registered in accordance with section 211(b) of the Clean Air Act ( 42 U.S.C. 7545(b) ); and (ii) lawfully sold in the United States. (c) Study Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall conduct, and submit to Congress the results of, a comprehensive study on— (1) the effects of the introduction into commerce of an ethanol-gasoline blend described in subsection (b)(2)(A) on consumer products, including— (A) onroad and nonroad vehicles; (B) nonroad engines (such as lawn mowers); and (C) any other applicable gasoline-powered vehicles, engines, and devices; (2) the impact of an ethanol-gasoline blend described in subsection (b)(2)(A) on— (A) engine performance of conventional gasoline-powered onroad and nonroad vehicles and nonroad engines; (B) emissions from the use of the blend; and (C) materials compatibility and consumer safety issues associated with the use of such blend (including the identification of insufficient data or information for some or all of such vehicles and engines with respect to each of the issues described in this subparagraph and subparagraphs (A) and (B)); and (3) the ability of wholesale and retail gasoline distribution infrastructure, including bulk storage, retail storage configurations, and retail equipment (including certification of equipment compatibility by independent organizations), to introduce such an ethanol-gasoline blend into commerce without widespread intentional or unintentional misfueling by consumers. | https://www.govinfo.gov/content/pkg/BILLS-113hr1469ih/xml/BILLS-113hr1469ih.xml |
113-hr-1470 | I 113th CONGRESS 1st Session H. R. 1470 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mrs. Capps introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to enhance the safety of America’s schools.
1. Short title This Act may be cited as the School Safety Enhancements Act of 2013 . 2. Grant program for school security Section 2701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797a) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by striking Placement and inserting Installation ; and (ii) by inserting surveillance equipment, after detectors, ; (B) by redesignating paragraph (5) as paragraph (6); and (C) by inserting after paragraph (4) the following: (5) Establishment of hotlines or tiplines for the reporting of potentially dangerous students and situations. ; and (2) by adding at the end the following: (g) Interagency task force (1) Establishment Not later than 60 days after the date of enactment of this subsection, the Director, in collaboration with the Secretary of Education, shall establish an interagency task force to develop a set of advisory school safety guidelines. (2) Publication of guidelines Not later than one year after the date of enactment of this subsection, the interagency task force shall publish the advisory school safety guidelines developed under paragraph (1) in the Federal Register. (3) Required consultation In developing the advisory school safety guidelines under paragraph (1), the interagency task force shall consult with stakeholders and interested parties, including parents, teachers, and agencies. (4) Use of guidelines In determining permissible uses of funds under subsection (b)(6), the Director shall consider the advisory school safety guidelines developed under paragraph (1). . 3. Applications Section 2702(a)(2) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797b(a)(2) ) is amended to read as follows: (2) be accompanied by a report— (A) signed by the heads of each law enforcement agency and school district with jurisdiction of the schools where the safety improvements will be implemented; and (B) demonstrating that each proposed use of the grant funds will be— (i) an effective means for improving the safety of one or more schools; (ii) consistent with a comprehensive approach to preventing school violence; and (iii) individualized to the needs of each school at which those improvements are to be made. . 4. Authorization of appropriations Section 2705 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797e) is amended— (1) by striking $30,000,000 and inserting $40,000,000 ; and (2) by striking 2001 through 2009 and inserting 2014 through 2023 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1470ih/xml/BILLS-113hr1470ih.xml |
113-hr-1471 | I 113th CONGRESS 1st Session H. R. 1471 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Courtney (for himself, Mr. Neal , and Mr. McGovern ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To designate the Quinebaug and Shetucket Rivers Valley National Heritage Corridor as The Last Green Valley National Heritage Corridor .
1. Redesignation of The Last Green Valley National Heritage Corridor (a) In general The Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 ( 16 U.S.C. 461 note; Public Law 103–449 ) is amended— (1) in section 103— (A) in the heading, by striking The Quinebaug and Shetucket Rivers Valley National Heritage Corridor and inserting The Last Green Valley National Heritage Corridor ; and (B) in subsection (a), by striking the Quinebaug and Shetucket Rivers Valley National Heritage Corridor and inserting The Last Green Valley National Heritage Corridor ; and (2) in section 108(2), by striking the Quinebaug and Shetucket Rivers Valley National Heritage Corridor and inserting The Last Green Valley National Heritage Corridor established . (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Quinebaug and Shetucket Rivers Valley National Heritage Corridor shall be deemed to be a reference to the The Last Green Valley National Heritage Corridor . | https://www.govinfo.gov/content/pkg/BILLS-113hr1471ih/xml/BILLS-113hr1471ih.xml |
113-hr-1472 | I 113th CONGRESS 1st Session H. R. 1472 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Gingrey of Georgia (for himself, Mr. Harper , Mr. McClintock , Mr. Westmoreland , Mr. Cassidy , Mr. Roe of Tennessee , Mr. Terry , Mr. Schock , and Mr. Lance ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To restore the longstanding partnership between States and the Federal Government in managing the Medicaid program.
1. Short title This Act may be cited as the State Flexibility Act . 2. Repeal of Medicaid and CHIP maintenance of effort requirements under PPACA (a) Repeal of PPACA Medicaid MOE Section 1902 of the Social Security Act (42 U.S.C. 1396a) is amended by striking subsection (gg). (b) Repeal of PPACA CHIP MOE Section 2105(d)(3) of the Social Security Act (42 U.S.C. 1397ee(d)(3)) is amended— (1) by striking subparagraph (A); (2) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively; and (3) in the paragraph heading, by striking Continuation of eligibility standards for children until October 1, 2019 and inserting Continuity of coverage . (c) Conforming amendments (1) Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended by striking paragraph (74). (2) Effective January 1, 2014, the paragraph (14) of section 1902(e) added by section 2002(a) of Public Law 111–148 is amended by striking the third sentence of subparagraph (A). (d) Effective date Except as provided in subsection (c)(2), the amendments made by this section shall take effect on the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1472ih/xml/BILLS-113hr1472ih.xml |
113-hr-1473 | I 113th CONGRESS 1st Session H. R. 1473 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Gingrey of Georgia (for himself and Mr. Cuellar ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To prevent certain Federal health care laws from establishing health care provider standards of care in medical malpractice cases, and for other purposes.
1. Short title This Act may be cited as the Standard of Care Protection Act of 2013 . 2. Construction regarding health care provider standards of care (a) In general The development, recognition, or implementation of any guideline or other standard under any Federal health care provision shall not be construed to establish the standard of care or duty of care owed by a health care provider to a patient in any medical malpractice case. (b) Definitions For purposes of this Act: (1) The term Federal health care provision means any provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) and the amendments made by that Act, and titles XVIII and XIX of the Social Security Act. (2) The term medical malpractice case means a medical malpractice action or claim (as defined in section 431(7) of the Health Care Quality Improvement Act of 1986 (42 U.S.C. 11151(7))). (3) The term State includes the District of Columbia, Puerto Rico, and any other commonwealth, possession, or territory of the United States. (c) No preemption No provision of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) or the amendments made by that Act shall be construed to preempt any State law governing medical professional liability cases. | https://www.govinfo.gov/content/pkg/BILLS-113hr1473ih/xml/BILLS-113hr1473ih.xml |
113-hr-1474 | I 113th CONGRESS 1st Session H. R. 1474 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Israel introduced the following bill; which was referred to the Committee on the Judiciary A BILL To reauthorize the ban on undetectable firearms, and to extend the ban to undetectable firearm receivers and undetectable ammunition magazines.
1. Short title This Act may be cited as the Undetectable Firearms Modernization Act . 2. Findings The Congress finds that— (1) according to data from the Federal Bureau of Investigation, 8,583 of the 12,664 murders in the United States in 2011 were committed using a firearm, and more than 57 percent of the murders that occurred in New York State were perpetrated with a firearm; (2) the ability to produce a receiver for a firearm in the home would circumvent a number of laws, because the receiver is the component of the firearm that bears its serial number, as required by regulations; (3) digital manufacturing technologies, including but not limited to computer numerical control mills ( CNC mills ), 3-dimensional printers ( 3D printers ), and laser cutting machines, are quickly advancing to a point where it will soon be possible to fabricate fully operational firearm components; and (4) some commercially available products that utilize digital manufacturing technologies to manufacture objects are able to manufacture these objects using materials that are unable to be detected by traditional metal detectors, and may not present an accurate image on an x-ray. 3. Reauthorization of ban on undetectable firearms Section 2(f)(2) of the Undetectable Firearms Act of 1988 ( 18 U.S.C. 922 note) is amended by striking 25 and inserting 35 . 4. Ban extended to undetectable firearm receivers made by individuals Section 922(p) of title 18, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking receive any firearm— and inserting receive— ; and (B) by striking subparagraphs (A) and (B) and inserting the following: (A) any firearm— (i) that, after removal of grips, stocks, and magazines, is not as detectable as the Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Security Exemplar; or (ii) any major component of which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the component. Barium sulfate or other compounds may be used in the fabrication of the component; or (B) any receiver for a rifle, or receiver for a handgun, manufactured by a person who is not a licensed manufacturer— (i) that is not as detectable as the Receiver Security Exemplar for a rifle or for a handgun, as the case may be, by walk-through metal detectors calibrated and operated to detect that Receiver Security Exemplar; or (ii) which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the receiver. Barium sulfate or other compounds may be used in the fabrication of the receiver. ; (2) in paragraph (2)— (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) the term Receiver Security Exemplar means, with respect to a rifle or a handgun, an object, to be fabricated at the direction of the Attorney General, that is— (i) constructed of, during the 12-month period beginning on the date of the enactment of this subparagraph, 3.7 ounces of material type 17–4 PH stainless steel in a shape resembling the lower receiver for a rifle or for a handgun, as the case may be; and (ii) suitable for testing and calibrating metal detectors: Provided, however, That at the close of such 12-month period, and at appropriate times thereafter the Attorney General shall promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of receivers for a rifle or receivers for a handgun, that were previously prohibited under this subparagraph that are as detectable as the Receiver Security Exemplar for a rifle or for a handgun, as the case may be, which contains 3.7 ounces of material type 17–4 PH stainless steel, in a shape resembling the lower receiver for a rifle or for a handgun, as the case may be, or such lesser amount as is detectable in view of advances in state-of-the-art developments in weapons detection technology. ; (3) in paragraph (3)— (A) by inserting or receiver after firearm each place it appears; and (B) by inserting or receivers after firearms ; and (4) in each of paragraphs (4) through (6), by inserting or receiver after firearm each place it appears. 5. Ban extended to undetectable ammunition magazines made by individuals Section 922(p) of title 18, United States Code, as amended by section 3 of this Act, is amended— (1) in paragraph (1)— (A) by striking or at the end of subparagraph (A)(ii); (B) by striking the period at the end of subparagraph (B) and inserting ; or ; and (C) by adding at the end the following: (C) any ammunition magazine, manufactured by a person who is not a licensed manufacturer— (i) that, after removal of the spring and follower, is not as detectable as the Magazine Security Exemplar, by walk-through metal detectors calibrated and operated to detect the Magazine Security Exemplar; or (ii) which, when subjected to inspection by the types of x-ray machines commonly used at airports, does not generate an image that accurately depicts the shape of the magazine. ; (2) in paragraph (2)— (A) by striking and at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ; and ; and (C) by adding at the end the following: (E) the term Magazine Security Exemplar means an object, to be fabricated at the direction of the Attorney General, that is— (i) constructed of, during the 12-month period beginning on the date of the enactment of this subparagraph, 1 ounce of material type 17–4 PH stainless steel in a shape resembling an ammunition magazine; and (ii) suitable for testing and calibrating metal detectors: Provided, however, That at the close of such 12-month period, and at appropriate times thereafter the Attorney General shall promulgate regulations to permit the manufacture, importation, sale, shipment, delivery, possession, transfer, or receipt of ammunition magazines previously prohibited under this subparagraph that are as detectable as a Magazine Security Exemplar which contains 1 ounce of material type 17–4 PH stainless steel, in a shape resembling an ammunition magazine, or such lesser amount as is detectable in view of advances in state-of-the-art developments in weapons detection technology. ; (3) in paragraph (3)— (A) by striking firearm or receiver each place it appears and inserting firearm, receiver, or ammunition magazine ; (B) by striking firearms or receivers and inserting firearms, receivers, or ammunition magazines ; and (4) in each of paragraphs (4) through (6), by striking firearm or receiver each place it appears and inserting firearm, receiver, or ammunition magazine . | https://www.govinfo.gov/content/pkg/BILLS-113hr1474ih/xml/BILLS-113hr1474ih.xml |
113-hr-1475 | I 113th CONGRESS 1st Session H. R. 1475 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Ms. Jenkins introduced the following bill; which was referred to the Committee on Rules , and in addition to the Committee on the Budget , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Congressional Budget Act of 1974 to provide for supplemental estimates of certain revenue bills or joint resolutions that incorporates the macroeconomic effects of that measure.
1. Supplemental estimates of certain revenue bills or joint resolutions that incorporates the macroeconomic effects of that measure (a) In general Section 402 of the Congressional Budget Act of 1974 is amended by inserting (a) after 402. and by adding at the end the following new subsection : (b) (1) In the case of any bill or joint resolution to which this subsection applies, whenever the Congressional Budget Office transmits to any committee of the House of Representatives or the Senate any revenue estimates provided to it by the Joint Committee on Taxation, it shall also, to the extent practicable, transmit to that committee a revenue estimate that incorporates the macroeconomic effects of the policy being analyzed. Any macroeconomic impact statement under the preceding sentence shall be accompanied by a written statement fully disclosing the economic, technical, and behavioral assumptions that were made in producing such estimate. (2) Paragraph (1) shall apply to any bill or joint resolution— (A) which the Joint Committee on Taxation determines, pursuant to its estimate submitted to the Congressional Budget Office under section 202(f), has a revenue impact in excess of $5,000,000,000 in the fiscal year in which the bill or joint resolution is to become effective or in any of the 4 fiscal years following such fiscal year; or (B) with respect to which the chair or ranking member of the Committee on the Budget of either the Senate or the House of Representatives requests an estimate described in paragraph (1). . (b) Effective Date The amendment made by subsection (a) shall take effect 30 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1475ih/xml/BILLS-113hr1475ih.xml |
113-hr-1476 | I 113th CONGRESS 1st Session H. R. 1476 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. King of New York (for himself, Mr. Rangel , Mr. Grimm , Mr. Huizenga of Michigan , Ms. Wilson of Florida , and Mr. Rodney Davis of Illinois ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow penalty-free withdrawals from individual retirement plans for adoption expenses.
1. Short title This Act may be cited as the Dave Thomas Adoption Act of 2013 . 2. Penalty-free withdrawals from individual retirement plans for adoption expenses (a) In general Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (H) Qualified adoption expenses (i) In general Distributions from an individual retirement plan to the extent that the amount of such distributions does not exceed the lesser of— (I) $10,000 for the taxable year with respect to the adoption of a child, or (II) the amount determined under clause (ii). (ii) Determination of expenses not covered by credit The amount determined under this clause is the excess (if any) of— (I) the qualified adoption expenses (as defined in section 23(d)) paid by the taxpayer during the taxable year with respect to the adoption of such child, over (II) the amount of the credit allowable under section 23 for such expenses (determined as if such credit were allowed for such year without regard to any limitation based on liability for tax). (iii) Special rules for child with special needs In the case of an adoption of a child with special needs (as defined in section 23(d)(3))— (I) subclauses (I) and (II) of clause (i) shall not apply, and (II) a distribution during the applicable period from an individual retirement plan with respect to such adoption shall not be taken into account under this subparagraph to the extent that such distribution, when added to all other distributions with respect to such adoption from individual retirement plans for the applicable period, exceeds $10,000. For purposes of subclause (II), the term applicable period means the 3-taxable year period beginning with the taxable year in which such adoption becomes final. (iv) Ordering rule Distributions shall not be taken into account under clause (i) if such distributions are described in subparagraph (A), (C), (D), (E), (F), or (G) or to the extent paragraph (1) does not apply to such distributions by reason of subparagraph (B). . (b) Effective date The amendment made by this section shall apply to distributions after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1476ih/xml/BILLS-113hr1476ih.xml |
113-hr-1477 | I 113th CONGRESS 1st Session H. R. 1477 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Mr. Waxman , Mr. Rangel , Mr. Grimm , and Mr. Pierluisi ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To authorize the Secretary of Education to award grants to educational organizations to carry out educational programs about the Holocaust.
1. Holocaust educational program Part D of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7241 et seq. ) is amended by adding at the end the following new subpart: 22 Holocaust Education Assistance Program 5631. Short title This subpart may be cited as the Simon Wiesenthal Holocaust Education Assistance Act . 5632. Findings and purposes (a) Findings Congress finds the following: (1) The Holocaust was a historical event that resulted in the systemic, state-sponsored, mass murders by Nazi Germany of 6,000,000 Jews, along with millions of others, in the name of racial purity. (2) Six States (California, Florida, Illinois, Indiana, New Jersey, and New York) now mandate that the Holocaust be taught in the educational curriculum, and 11 States (Alabama, Connecticut, Georgia, Mississippi, Missouri, Nevada, North Carolina, South Carolina, Tennessee, Washington, and West Virginia) recommend teaching the Holocaust but the funds necessary to carry out those recommendations may not be available. (3) The Holocaust is a sensitive and difficult subject to teach effectively, and educators need appropriate teaching tools and training to increase their knowledge of the Holocaust and enhance the educational experience. (b) Statement of purpose It is the purpose of this subpart— (1) to educate students in the United States so that they— (A) may explore the lessons that the Holocaust provides for all people; and (B) may be less susceptible to the falsehood of Holocaust denial and to the destructive messages of hate that arise from Holocaust denial; and (2) to provide resources and support for educational programs that— (A) portray accurate historical information about the Holocaust; (B) sensitize communities to the circumstances that gave rise to the Holocaust; (C) convey the lessons that the Holocaust provides for all people; and (D) develop curriculum guides and provide training to help teachers incorporate the study of the Holocaust and its lessons into mainstream disciplines. 5633. Program authorized The Secretary is authorized to award grants to educational organizations to carry out proposed or existing Holocaust educational programs. 5634. Application The Secretary may award a grant under this subpart only to an educational organization that has submitted an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. 5635. Use of grants (a) In General An educational organization receiving a grant under this subpart may use the grant only to carry out the Holocaust education program for which the grant was provided. (b) Requirements An educational organization receiving a grant under this subpart shall comply with the following requirements: (1) Continuation of eligibility The educational organization shall, throughout the period that the educational organization receives and uses the grant, continue to be an educational organization. (2) Supplementation of existing funds The educational organization shall ensure that the grant is used to supplement, and not supplant, non-Federal funds that would otherwise be available to the educational organization to carry out the Holocaust education program for which the grant was provided. (c) Additional Conditions The Secretary may require additional terms and conditions in connection with the use of grants provided under this subpart as the Secretary considers appropriate. (d) Cooperative arrangements The Secretary should encourage educational organizations to work cooperatively with State educational agencies or local educational agencies in applying for and using grants under this subpart. 5636. Selection criteria (a) In General The Secretary shall award grants under this subpart in accordance with competitive criteria to be established by the Secretary. (b) Consultation With Holocaust Educators In establishing the competitive criteria under subsection (a), the Secretary shall consult with a number of prominent educators in the field of Holocaust education, to be determined by the Secretary. 5637. Review and sanctions (a) Annual Review The Secretary shall review at least annually each educational organization receiving a grant under this subpart to determine the extent to which the educational organization has complied with the provisions of this subpart and the regulations issued under this subpart. (b) Imposition of Sanctions The Secretary may impose one or more sanctions, to be determined by the Secretary, on an educational organization for the failure of the educational organization to comply substantially with the provisions of this subpart or the regulations issued under this subpart. 5638. Annual report Not later than February 1 of each year, the Secretary shall submit to the Congress a report describing the activities carried out under this subpart and containing any related information that the Secretary considers appropriate. 5639. Definitions In this subpart: (1) Educational organization The term educational organization means an entity— (A) described in section 501(c)(3) of the Internal Revenue Code of 1986; (B) exempt from tax under section 501(a) of the Internal Revenue Code of 1986; and (C) organized and operated for cultural, literary, or educational purposes. (2) Holocaust education program The term Holocaust education program means a program that— (A) has as its specific and primary purpose to improve awareness and understanding of the Holocaust; and (B) to achieve such purpose, furnishes one or more of the following: (i) Educational materials. (ii) Student and school-based activities, including field trips. (iii) Teacher training. (iv) Any other good or service designed to improve awareness and understanding of the Holocaust. (3) Holocaust The term Holocaust means the systemic, state-sponsored, mass murders by Nazi Germany of 6,000,000 Jews, and millions of others, in the name of racial purity. 5640. Regulations The Secretary shall issue any regulations necessary to carry out this subpart. 5641. Authorization of appropriations There is authorized to be appropriated to the Secretary for the first fiscal year beginning on or after the date of enactment of this subpart, and for each of the four succeeding fiscal years, $2,000,000 for grants under this subpart. Amounts appropriated pursuant to this subpart shall remain available until expended. . 2. Clerical amendment The table of contents of the Elementary and Secondary Education Act of 1965 is amended by adding after the item relating to section 5618 the following: Subpart 22—Holocaust Education Assistance Program Sec. 5631. Short title. Sec. 5632. Findings and purposes. Sec. 5633. Program authorized. Sec. 5634. Application. Sec. 5635. Use of grants. Sec. 5636. Selection criteria. Sec. 5637. Review and sanctions. Sec. 5638. Annual report. Sec. 5639. Definitions. Sec. 5640. Regulations. Sec. 5641. Authorization of appropriations. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1477ih/xml/BILLS-113hr1477ih.xml |
113-hr-1478 | I 113th CONGRESS 1st Session H. R. 1478 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Ms. Norton (for herself, Mr. Langevin , and Ms. DelBene ) introduced the following bill; which was referred to the Committee on the Budget A BILL To amend part C of the Balanced Budget and Emergency Deficit Control Act of 1985 to include the pay of Members of Congress within the coverage of the provisions of such Act which provide for budget enforcement through sequestration.
1. Short title This Act may be cited as the Member of Congress Pay Sequestration and Fairness Act . 2. Inclusion of member pay among accounts subject to budget enforcement through sequestration (a) Inclusion Paragraph (11) of section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ) is amended by inserting before the period the following: , and such term includes any item for the pay of Senators or Representatives in, or Delegates or the Resident Commissioner to, the Congress . (b) Effective date The amendment made by subsection (a) shall apply with respect to any sequestration occurring under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 during the One Hundred Fourteenth Congress or any succeeding Congress. | https://www.govinfo.gov/content/pkg/BILLS-113hr1478ih/xml/BILLS-113hr1478ih.xml |
113-hr-1479 | I 113th CONGRESS 1st Session H. R. 1479 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Sensenbrenner (for himself and Mr. Matheson ) 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 remove the deduction for charitable contributions from the overall limitation on itemized deductions.
1. Charitable deduction exception to overall limitation on itemized deductions (a) In general Subsection (c) of section 68 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , and , and by adding at the end the following: (4) the deduction under section 170 (relating to charitable, etc., contributions and gifts). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr1479ih/xml/BILLS-113hr1479ih.xml |
113-hr-1480 | I 113th CONGRESS 1st Session H. R. 1480 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Ms. Shea-Porter introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend chapter 83 of title 41, United States Code (commonly known as the Buy American Act), to require each department or independent establishment to conduct an annual audit of its contracts for compliance with such chapter, and for other purposes.
1. Short title This Act may be cited as the Buy America Accountability Act of 2013 . 2. Audit of contracts required Section 8302 of title 41, United States Code, is amended by adding at the end the following new subsection: (c) Audit of Contracts Required (1) In general Not later than 90 days after the end of a fiscal year, the head of each department or independent establishment shall submit to Congress a report that contains an evaluation performed by such department or independent establishment of contractor compliance with the provisions of this chapter for at least 10 percent of the contracts awarded by the department or independent establishment during that fiscal year for the procurement of articles, materials, or supplies. (2) Public availability The head of each Federal agency submitting a report under paragraph (1) shall make the report publicly available to the maximum extent practicable. (3) Exception for the intelligence community The report required under this subsection shall not cover acquisitions made by an agency, or component thereof, that is an element of the intelligence community as specified in, or designated under, section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)). . | https://www.govinfo.gov/content/pkg/BILLS-113hr1480ih/xml/BILLS-113hr1480ih.xml |
113-hr-1481 | I 113th CONGRESS 1st Session H. R. 1481 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Shuster (for himself, Mr. Turner , Ms. Tsongas , and Mr. Coffman ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To direct the Secretary of Defense to reprogram amounts appropriated for fiscal year 2013 for the Department of Defense for the Medium Extended Air Defense System.
1. Reprogramming of amounts for fiscal year 2013 for the Department of Defense for the Medium Extended Air Defense System (a) Reprogramming required (1) In general To carry out section 221 of the National Defense Authorization Act for Fiscal Year 2013 ( Public Law 112–239 ; 126 Stat. 1674), the Secretary of Defense shall reprogram fiscal year 2013 MEADS funds to other missile defense programs and projects that are not part of the Medium Extended Air Defense System. (2) Report Not later than 15 days after the date on which the Secretary reprograms fiscal year 2013 MEADS funds under paragraph (1), the Secretary shall submit to Congress a report describing such reprogramming. (b) Fiscal year 2013 MEADS funds defined In this section, the term fiscal year 2013 MEADS funds means the $380,900,000 appropriated or otherwise made available by title IV of division C of the Consolidated and Further Continuing Appropriations Act, 2013 (Public Law 113–6) under the heading Research, Development, Test and Evaluation, Army for the Medium Extended Air Defense System. | https://www.govinfo.gov/content/pkg/BILLS-113hr1481ih/xml/BILLS-113hr1481ih.xml |
113-hr-1482 | I 113th CONGRESS 1st Session H. R. 1482 IN THE HOUSE OF REPRESENTATIVES April 10, 2013 Mr. Womack (for himself, Mr. Garamendi , Mr. Crawford , and Mr. Griffin of Arkansas ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Clean Air Act to eliminate certain requirements under the renewable fuel program, and for other purposes.
1. Short title This Act may be cited as the Renewable Fuel Standard Amendments Act . 2. Amendments to the Clean Air Act (a) Revised definition of renewable fuel Section 211(o)(1)(J) of the Clean Air Act ( 42 U.S.C. 7545(o)(1)(J) ) is amended to read as follows: (J) Renewable fuel The term renewable fuel means fuel that— (i) is produced from renewable biomass; (ii) is used to replace or reduce the quantity of fossil fuel present in a transportation fuel; and (iii) beginning on January 1, 2014, is advanced biofuel. . (b) Applicable volumes Section 211(o)(2)(B)(i) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)(i)) is amended— (1) in the table in subclause (I)— (A) by striking 18.15 and inserting 3.75 ; (B) by striking 20.5 and inserting 5.5 ; (C) by striking 22.25 and inserting 7.25 ; (D) by striking 24.0 and inserting 9.0 ; (E) by striking 26.0 and inserting 11.0 ; (F) by striking 28.0 and inserting 13.0 ; (G) by striking 30.0 and inserting 15.0 ; (H) by striking 33.0 and inserting 18.0 ; and (I) by striking 36.0 and inserting 21.0 ; (2) in subclause (II)— (A) in the matter preceding the table, by striking 2022 and inserting 2013 ; and (B) in the table, by striking the items relating to calendars years 2014 through 2022; (3) in subclause (III), by striking of the volume of advanced biofuel required under subclause (II) and inserting of the volume of advanced biofuel required for calendar years 2010 through 2013 under subclause (II), as in effect on the day before the date of enactment of the Renewable Fuel Standard Amendments Act, and of the volume of renewable fuel required for calendar years 2014 through 2022 under the subclause (I) ; and (4) in subclause (IV), by inserting , as in effect on the day before the date of enactment of the Renewable Fuel Standard Amendments Act after of the volume of advanced biofuel required under subclause (II) . (c) Conforming amendments (1) Other calendar years Section 211(o)(2)(B) of the Clean Air Act (42 U.S.C. 7545(o)(2)(B)) is amended— (A) in clause (ii)(III), by striking advanced biofuels in each category (cellulosic biofuel and biomass-based diesel) and inserting cellulosic biofuel and biomass-based diesel ; (B) by striking clause (iii); and (C) by redesignating clauses (iv) and (v) as clauses (iii) and (iv), respectively. (2) Modification of greenhouse gas reduction percentages Section 211(o)(4) of the Clean Air Act ( 42 U.S.C. 7545(o)(4) ) is amended— (A) in subparagraph (E), by striking 20, 50, or 60 percent reduction levels and inserting applicable percent reduction level ; and (B) in subparagraph (F), by inserting (if applicable) after (2)(A)(i) . (3) Waivers Section 211(o)(7) of the Clean Air Act ( 42 U.S.C. 7545(o)(7) ) is amended— (A) in subparagraph (D)(i), by inserting , if such year is before 2014, before advanced biofuels ; and (B) in subparagraph (E)(ii), by inserting , if such year is before 2014, before advanced biofuels . 3. Applicability and regulations The amendments made by this Act to section 211(o) of the Clean Air Act ( 42 U.S.C. 7545(o) ) shall apply only with respect to calendar years 2014 and after, except that the Administrator of the Environmental Protection Agency shall promulgate regulations to carry out such amendments not later than 1 year after the date of enactment of this Act, and take any steps necessary to ensure such amendments may be carried out for calendar years 2014 and after. | https://www.govinfo.gov/content/pkg/BILLS-113hr1482ih/xml/BILLS-113hr1482ih.xml |
113-hr-1483 | I 113th CONGRESS 1st Session H. R. 1483 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Ms. Waters (for herself, Mr. Conyers , Mr. Al Green of Texas , and Mr. Cummings ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Federal Deposit Insurance Act to provide requirements for appropriate Federal banking agencies when using independent consultants in carrying out a consent order, to grant SIGTARP authority to provide oversight of such consultants, and for other purposes.
1. Short title This Act may be cited as the Stop Outsourcing Banking Enforcement and Examination Act . 2. Use of consultants in consent orders The Federal Deposit Insurance Act (12 U.S.C. 1811) is amended by adding at the end the following: 51. Use of consultants in consent orders (a) In general An appropriate Federal banking agency that enters into a consent order with a person regulated by such agency may only use an independent consultant in carrying out such order if all of the following requirements are met: (1) Transparency No less than two weeks before any activity under the consent order commences, the appropriate Federal banking agency shall make the following information available to the public: (A) The full and unredacted consent agreement resulting from the consent order. (B) All material information related to any past business relationships of the independent consultants, regulators, financial institutions, and third party service providers to the order, and their agents and employees, regardless of their involvement in the execution of the order. (C) A detailed estimate of engagement costs. (D) A detailed description of a well-defined methodology for fulfilling the consent order. (2) Reporting The appropriate Federal banking agency shall issue a report to the Congress, not less than once every quarter until the consent order ends, detailing the progress in fulfilling the consent order and the performance of the independent consultant. (3) Restriction on participation No independent consultant carrying out a consent order has prior or current work that will be under review in such consent order or a concurrent and substantially similar consent order. (4) Retention and payment of consultant The independent consultant is hired, and paid, directly by the appropriate Federal banking agency and the appropriate Federal banking agency is to be reimbursed for such expenses by the entity subject to the consent order. (5) Restriction on application of penalties to other ongoing enforcement actions Any remediation or penalties under the consent order will not apply to, or be settled in conjunction with, any other consent order, settlement, or enforcement action. (b) Private right of action If an independent consultant fails to comply with the contract under which the consultant is assisting the appropriate Federal banking agency in carrying out a consent order which requires financial remediation to a person or class of persons, any person or class of persons aggrieved by such failure may bring a civil action in a court of competent jurisdiction for damages resulting from such violation, and may obtain other appropriate relief, including equitable relief. If the plaintiff prevails in any such action, the court shall award the plaintiff any litigation costs reasonably incurred, together with reasonable attorneys' fees and reasonable expert witness fees, as determined by the court. (c) Clawback of fees (1) In general If a court determines that an independent consultant has violated the terms of the contract with the appropriate Federal banking agency or has failed to disclose required conflict of interest information, the independent consultant shall repay the appropriate Federal banking agency all fees received by the consultant during the period of time such violation or failure was occurring. (2) Safe harbor If the independent consultant made all reasonable efforts to uncover conflicts of interest among the consultant’s agents and employees, the consultant shall not be subject to paragraph (1) with respect to a failure to disclose required conflict of interest information. (d) Employment restriction An employee of an appropriate Federal banking agency that was involved in approving an independent consultant to assist in carrying out a consent order may not seek employment with, or be employed by, such independent consultant during any period in which such consent order is in effect, any amendment to such consent order is in effect, or any subsequent consent order based on the original consent order is in effect. . 3. SIGTARP to oversee use of consultants (a) In general Section 121 of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5231 ) is amended— (1) in subsection (c), by adding at the end the following: (5) In addition, the Special Inspector General shall also have the duties and responsibilities of providing oversight of— (A) consent orders entered into by an appropriate Federal banking agency; and (B) the performance of independent consultants hired by an appropriate Federal banking agency to assist in carrying out such consent orders, as described under section 51 of the Federal Deposit Insurance Act. ; and (2) by amending subsection (k) to read as follows: (k) Oversight of consent orders (1) Right of action related to consent order monitoring The Special Inspector General may bring a civil action in any court of competent jurisdiction against an independent consultant described under section 51(a) of the Federal Deposit Insurance Act for damages and equitable relief for any violations of the consultant’s duties under the contract under which the consultant is assisting an appropriate Federal banking agency in carrying out a consent order. (2) Whistleblower incentives and protection related to consent order monitoring (A) In general The Special Inspector General shall establish a whistleblower program under which— (i) the Special Inspector General pays an award or awards to 1 or more whistleblowers who voluntarily provide original information to the Special Inspector General that leads to the successful enforcement of a judicial or administrative action brought by the Special Inspector General against an independent consultant described under section 51(a) of the Federal Deposit Insurance Act that results in monetary sanctions exceeding $1,000,000; and (ii) the employer of a whistleblower may not discriminate against a whistleblower in the terms and conditions of employment of the whistleblower because of any lawful act done by the whistleblower. (B) Form of program To the extent practicable, the whistleblower program established under this subsection shall be carried out in the same manner as the whistleblower provision under section 21F of the Securities Exchange Act of 1934 (15 U.S.C. 78u–6). . | https://www.govinfo.gov/content/pkg/BILLS-113hr1483ih/xml/BILLS-113hr1483ih.xml |
113-hr-1484 | I 113th CONGRESS 1st Session H. R. 1484 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Huizenga of Michigan introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title XVIII of the Social Security Act to make publicly available on the official Medicare Internet site Medicare payment rates for frequently reimbursed hospital inpatient procedures, hospital outpatient procedures, and physicians’ services.
1. Short title This Act may be cited as the Medicare Payment Rate Disclosure Act of 2013 . 2. Public Internet availability of Medicare payment rates for frequently reimbursed procedures and services Title XVIII of the Social Security Act is amended by adding at the end the following new section: 1899B. Public Internet availability of Medicare payment rates for frequently reimbursed procedures and services (a) In general (1) Initial posting During the initial period beginning on a date not later than 120 days after the date of the enactment of this section and ending on the date that is 240 days after such starting date, the Secretary shall make publicly available on the official Medicare Internet site the following: (A) Payment rates for hospital inpatient procedures For each procedure selected under subsection (b)(1)(A)(i) and for each Metropolitan Statistical Area or other payment area used for purposes of section 1886(d), the average rate of payment under such section for the procedure, determined without regard to the application of any deduction or coinsurance amount or any adjustment under subparagraph (B), (D), (F), or (G) of paragraph (5) of such section. (B) Payment rates for hospital outpatient procedures For each procedure selected under subsection (b)(1)(A)(ii) and for each county or other payment area used for purposes of section 1833(t), the average rate of payment under such section for the procedure, determined without regard to the application of any deductible or coinsurance. (C) Physician payment rates for physicians’ services For each physicians’ service selected under subsection (b)(1)(A)(iii) and for each fee schedule area under section 1848, the average payment amount determined under the fee schedule under such section for the service, determined without regard to the application of any deductible or coinsurance. (D) Period for which payment rates are applicable A description of the period for which each payment rate or amount under subparagraph (A), (B), or (C) is applicable. (E) Services included in procedures A description of the items and services included in each procedure selected under clauses (i) and (ii) of subsection (b)(1)(A). (F) Notice A statement that the average payment rates and average payment amounts described in subparagraphs (A) through (C) are only applicable to the Medicare program under this title and may not be available for an individual who is not purchasing such a procedure or service under such program. (2) Posting of expanded selection During the period beginning on the date that is one day after the last day of the initial period described in paragraph (1), the Secretary shall make publicly available on the official Medicare Internet site the following: (A) Payment rates for hospital inpatient procedures For each procedure selected under subsection (b)(1)(B)(i) and for each Metropolitan Statistical Area or other payment area used for purposes of section 1886(d), the average rate of payment described in paragraph (1)(A) for the procedure. (B) Payment rates for hospital outpatient procedures For each procedure selected under subsection (b)(1)(B)(ii) and for each county or other payment area used for purposes of section 1833(t), the average rate of payment described in paragraph (1)(B) for the procedure. (C) Physician payment rates for physicians’ services For each physicians’ service selected under subsection (b)(1)(B)(iii) and for each fee schedule area under section 1848, the average payment amount described in paragraph (1)(C) for the physicians’ service. (D) Period for which payment rates are applicable A description of the period for which each payment rate or amount under subparagraph (A), (B), or (C) is applicable. (E) Services included in procedures A description of the items and services included in each procedure selected under clauses (i) and (ii) of subsection (b)(1)(B). (F) Notice A statement that the average payment rates and average payment amounts described in subparagraphs (A) through (C) are only applicable to the Medicare program under this title and may not be available for an individual who is not purchasing such a procedure or service under such program. (b) Selection of procedures and services (1) In general (A) Initial selection For purposes of subsection (a)(1) and based on the most recent national data available, the Secretary shall select the following: (i) At least the 30 hospital inpatient procedures for which payment is most frequently provided under section 1886(d). (ii) At least the 30 hospital outpatient procedures for which payment is most frequently provided under section 1833(t). (iii) At least the 30 physicians’ services (as defined in section 1861(q)) for which payment is most frequently provided under section 1848. (B) Expanded selection For purposes of subsection (a)(2) and based on the most recent national data available, the Secretary shall select the following: (i) At least the 100 hospital inpatient procedures for which payment is most frequently provided under section 1886(d). (ii) At least the 100 hospital outpatient procedures for which payment is most frequently provided under section 1833(t). (iii) At least the 100 physicians’ services (as defined in section 1861(q)) for which payment is most frequently provided under section 1848. (2) Updating expanded selection The Secretary shall periodically update the procedures and services selected under paragraph (1)(B). (3) Further expansion of selection The Secretary shall expand the number of procedures and services selected under paragraph (1)(B) to include as many procedures and services as may be useful for an individual not entitled to benefits under part A or enrolled under part B in the purchase of such procedures and services. (c) Authority To post additional information The Secretary may make publicly available on the official Medicare Internet site such information on the payment rate or payment amount under this title for a procedure, item, or service not selected under subsection (b) as may be useful for an individual not entitled to benefits under part A or enrolled under part B in the purchase of the procedure, item, or service. To the extent practicable, such information shall be provided for each payment area involved. (d) Administrative provisions (1) Use of most recent national data The information described in paragraph (1) of subsection (b) and subsection (c) shall be based on the most recent national data available. (2) Accessibility by zip code Such information for an applicable payment area shall be accessible by any zip code included in such area. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1484ih/xml/BILLS-113hr1484ih.xml |
113-hr-1485 | I 113th CONGRESS 1st Session H. R. 1485 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. LoBiondo introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the National Flood Insurance Act of 1968 to modify the phase-in increases in flood insurance premium rates for certain properties, and for other purposes.
1. Modification of phase-in increases of flood insurance premium rates for certain properties (a) Change of ownership of second homes, business properties, and primary residences Section 1307(g)(2) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014(g)(2) ) is amended by striking 2012 and inserting 2012, except for properties referred to in paragraphs (3) and (4) of section 1308(e) . (b) Second homes and business properties and change of ownership of primary residences Section 1308(e) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(e) ) is amended— (1) in paragraph (1), by striking ; and and inserting a semicolon; (2) in paragraph (2)— (A) by striking described in subparagraphs (A) through (E) and inserting described in subparagraphs (B), (C), and (E) ; and (B) by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new paragraphs: (3) described in subparagraphs (A) and (D) of section 1307(a)(2) shall be increased by 12.5 percent each year, until the average risk premium rate for such properties is equal to the average of the risk premium rates for properties described under paragraph (1); and (4) that are primary residences purchased after the date of the enactment of the Biggert-Waters Flood Insurance Reform Act of 2012 (title II of division F of Public Law 112–141 ), shall be increased by 12.5 percent each year as if such increase began on the date of the enactment of such Act, until the average risk premium rate for such properties is equal to the average of the risk premium rates for properties described under paragraph (1). . (c) Effect on rates changed due to Biggert-Waters Flood Insurance Reform Act of 2012 The Administrator of the Federal Emergency Management Agency shall adjust the chargeable risk premium rates for flood insurance under the National Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.) for properties referred to in paragraphs (3) and (4) of section 1308(e) of such Act ( 42 U.S.C. 4015(e) ), as added by subsection (b) of this section, as if the amendments made by subsections (a) and (b) of this section were enacted at the same time as the Biggert-Waters Flood Insurance Reform Act of 2012 (title II of division F of Public Law 112–141 ). | https://www.govinfo.gov/content/pkg/BILLS-113hr1485ih/xml/BILLS-113hr1485ih.xml |
113-hr-1486 | I 113th CONGRESS 1st Session H. R. 1486 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Rahall 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 prohibit the Secretary of the Treasury and the Administrator of the Environmental Protection Agency from devising or implementing a carbon tax.
1. Short title This Act may be cited as the No Carbon Tax Act of 2013 . 2. Carbon tax prohibition (a) In general The Secretary of the Treasury and the Administrator of the Environmental Protection Agency are prohibited from devising or implementing a carbon tax. (b) Definition For purposes of this section, the term carbon tax means— (1) a tax, fee, or price on emissions, including carbon dioxide emissions generated by the burning of coal, natural gas, or oil; or (2) a tax, fee, or price on coal, natural gas, or oil based on emissions, including carbon dioxide emissions that would be generated through the fuel’s combustion. | https://www.govinfo.gov/content/pkg/BILLS-113hr1486ih/xml/BILLS-113hr1486ih.xml |
113-hr-1487 | I 113th CONGRESS 1st Session H. R. 1487 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. McDermott 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 titles XVIII and XI of the Social Security Act to establish an exception from the physician self-referral prohibition and a safe harbor from Federal antikickback and other sanctions for incentive payments made by hospitals to physicians under certain incentive payment programs.
1. Short title This Act may be cited as the Improved Health Care at Lower Cost Act of 2013 . 2. Exception and safe harbor from Federal sanctions for incentive payments from hospitals to physicians under certain incentive payment programs (a) Findings Congress finds the following: (1) The Department of Health and Human Services has been engaged in approving, on a project-by-project basis, gain-sharing arrangements under demonstration authority for nearly a decade. Based on the knowledge gained from such demonstration projects, the Department is capable of developing and applying standards for permitting such arrangements more generally without the use of such authority. (2) The Inspector General of the Department of Health and Human Services has issued a special advisory bulletin in July 1999 that indicates that there is no general authority for waiving sanctions for any gain-sharing arrangements between physicians and hospitals. (3) Due to lack of capitalization, size limitations, risk characteristics, and other factors, many hospitals and physicians have been unable or unwilling to enter into gain-sharing types of arrangements that meet the requirements of the shared savings program. (b) Purpose The purpose of this section is to establish general statutory authority within the Department of Health and Human Services to recognize gain-sharing and other incentive payment programs, other than the shared savings program, that align incentives among hospitals and physicians to improve efficiency and decrease costs while maintaining or improving quality care. (c) Exception from physician self-Referral prohibition Section 1877(e) of the Social Security Act ( 42 U.S.C. 1395nn(e) ) is amended by adding at the end the following new paragraph: (9) Payments under certain incentive payment programs between hospitals and physicians (A) In general In the case of a monetary incentive payment which is made by a hospital to a physician under an incentive payment program (as defined in subparagraph (B)) that meets requirements established by the Secretary in consultation with the Attorney General and the Inspector General of the Department of Health and Human Services for purposes of this paragraph. (B) Incentive payment program defined In this paragraph, the term incentive payment program means a program that is designed to align incentives among hospitals and physicians (through techniques such as product standardization, the substitution of lower cost products, and care coordination initiatives that encourage medically appropriate decreases in length of stay) to improve efficiency and decrease costs while maintaining or improving quality. . (d) Safe harbor from antikickback and other Federal sanctions (1) Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3)) is amended— (A) by striking and at the end of subparagraph (I); (B) in subparagraph (J), by moving the indentation 2 ems to the left and by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subparagraph: (K) any monetary incentive payment which is made by a hospital to a physician under an incentive payment program (as defined in subparagraph (B) of section 1877(e)(9)) that meets requirements established by the Inspector General of the Department of Health and Human Services in consultation with the Attorney General for purposes of applying this subparagraph (which requirements needs not be the same as those established under subparagraph (A) of such section). . (2) Section 1128A(b)(1) of the Social Security Act (42 U.S.C. 1320a–7a(b)(1)) is amended by inserting (other than a monetary incentive payment described in section 1128B(b)(3)(K)) after makes a payment . (e) Publication of guidance The Secretary of Health and Human Services and the Inspector General of the Department of Health and Human Services— (1) not later than 6 months after the date of the enactment of this Act, shall jointly publish a solicitation of comments to carry out the amendments made by this section; and (2) not later than 12 months after such date of enactment, shall publish, jointly or separately, such guidance or rules, which may be effective on an interim, final basis, as may be necessary to carry out such amendments in a timely manner. (f) Construction Nothing in this section (or the amendments made by this section) shall be construed as affecting the operation of the shared savings program. (g) Shared savings program defined In this section, the term shared savings program means such program under section 1899 of the Social Security Act ( 42 U.S.C. 1395jjj ). | https://www.govinfo.gov/content/pkg/BILLS-113hr1487ih/xml/BILLS-113hr1487ih.xml |
113-hr-1488 | I 113th CONGRESS 1st Session H. R. 1488 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Thompson of Pennsylvania (for himself, Mr. Loebsack , Mr. Jones , Mr. Bishop of Utah , and Mr. Barletta ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to provide that the waiting period for disability insurance benefits shall not be applicable in the case of a recovering service member.
1. Short title This Act may be cited as the Recovering Service Members Disability Benefits Act . 2. Exception from waiting period for disability insurance benefits of recovering service members (a) Exception from waiting period The first sentence of section 223(a)(1) of the Social Security Act ( 42 U.S.C. 423(a)(1) ) is amended, in clause (ii) thereof in the matter following subparagraph (E)— (1) by inserting (I) after but only ; and (2) by inserting or (II) if such individual is a recovering service member, after the first month in which he is under such disability, . (b) Definition of recovering service member Section 223(a) of the Social Security Act ( 42 U.S.C. 423(a) ) is further amended by adding at the end the following: (3) For purposes of this subsection— (A) the term recovering service member means a member of the Armed Forces, including a member of the National Guard or a Reserve component, who is undergoing medical treatment, recuperation, or therapy while recovering from a serious bodily injury or physical illness related to the member’s military service; and (B) the term serious bodily injury or physical illness means in the case of a member of the Armed Forces, a bodily injury or physical illness incurred by the member in line of duty on active duty in the Armed Forces while in a combat zone designated under section 112(c)(2) of the Internal Revenue Code of 1986, that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating. . 3. Effective date The amendments made by this Act shall apply with respect to applications for benefits filed on or after the date that is 90 days after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1488ih/xml/BILLS-113hr1488ih.xml |
113-hr-1489 | I 113th CONGRESS 1st Session H. R. 1489 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Sean Patrick Maloney of New York (for himself and Mr. Gibson ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend the National Dam Safety Program Act to identify and ensure the safety of dams in need of repair and rehabilitation, and for other purposes.
1. Short title This Act may be cited as the Dam Safety Act of 2013 . 2. Purpose The purpose of this Act is to reduce the risks to life and property from dam failure in the United States through the reauthorization of an effective national dam safety program that brings together the expertise and resources of Federal and non-Federal communities in achieving national dam safety hazard reduction. 3. Amendments to National Dam Safety Program Act (a) Administrator (1) In general The National Dam Safety Program Act (33 U.S.C. 467 et seq.) is amended by striking Director each place it appears and inserting Administrator . (2) Conforming amendment Section 2(3) of such Act ( 33 U.S.C. 467(3) ) is amended in the paragraph heading by striking Director and inserting Administrator . (b) Inspection of dams Section 3(b)(1) of such Act ( 33 U.S.C. 467a(b)(1) ) is amended by striking or maintenance and inserting maintenance, condition, or provision for emergency operations . (c) National dam safety program (1) Objectives Section 8(c)(4) of such Act ( 33 U.S.C. 467f(c)(4) ) is amended to read as follows: (4) develop and implement a comprehensive dam safety hazard education and public awareness program to assist the public in mitigating against, preparing for, responding to, and recovering from dam incidents; . (2) Board Section 8(f)(4) of such Act ( 33 U.S.C. 467f(f)(4) ) is amended by inserting , representatives from nongovernmental organizations, after State agencies . (d) Authorization of appropriations (1) National dam safety program (A) Annual amounts Section 13(a)(1) of such Act ( 33 U.S.C. 467j(a)(1) ) is amended by striking $6,500,000 for fiscal year 2007, $7,100,000 for fiscal year 2008, $7,600,000 for fiscal year 2009, $8,300,000 for fiscal year 2010, and $9,200,000 for fiscal year 2011 and inserting $8,024,000 for each of fiscal years 2013 through 2016 . (B) Maximum amount of allocation (i) In general Section 13(a)(2)(B) of such Act ( 33 U.S.C. 467j(a)(2)(B) ) is amended by striking 50 percent of the reasonable cost of implementing the State dam safety program and inserting the amount of funds committed by the State to implement dam safety program activities . (ii) Applicability The amendment made by clause (i) shall apply to fiscal year 2013 and each fiscal year thereafter. (2) National dam inventory Section 13(b) of such Act ( 33 U.S.C. 467j(b) ) is amended by striking $650,000 for fiscal year 2007, $700,000 for fiscal year 2008, $750,000 for fiscal year 2009, $800,000 for fiscal year 2010, and $850,000 for fiscal year 2011 and inserting $383,000 for each of fiscal years 2013 through 2016 . (3) Research Section 13(c) of such Act ( 33 U.S.C. 467j(c) ) is amended by striking $1,600,000 for fiscal year 2007, $1,700,000 for fiscal year 2008, $1,800,000 for fiscal year 2009, $1,900,000 for fiscal year 2010, and $2,000,000 for fiscal year 2011 and inserting $1,000,000 for each of fiscal years 2013 through 2016 . (4) Dam safety training Section 13(d) of such Act ( 33 U.S.C. 467j(d) ) is amended by striking $550,000 for fiscal year 2007, $600,000 for fiscal year 2008, $650,000 for fiscal year 2009, $700,000 for fiscal year 2010, and $750,000 for fiscal year 2011 and inserting $750,000 for each of fiscal years 2013 through 2016 . (5) Staff Section 13(e) of such Act (33 U.S.C. 467j(e)) is amended by striking $700,000 for fiscal year 2007, $800,000 for fiscal year 2008, $900,000 for fiscal year 2009, $1,000,000 for fiscal year 2010, and $1,100,000 for fiscal year 2011 and inserting $436,000 for each of fiscal years 2013 through 2016 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1489ih/xml/BILLS-113hr1489ih.xml |
113-hr-1490 | I 113th CONGRESS 1st Session H. R. 1490 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Miller of Florida introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to prohibit the recording of a patient in a facility of the Department of Veterans Affairs without the informed consent of the patient.
1. Short title This Act may be cited as the Veterans’ Privacy Act . 2. Prohibition of visual recording without informed consent Section 7331 of title 38, United States Code, is amended— (1) by striking The Secretary, upon and inserting (a) In general.— The Secretary, upon ; and (2) by adding at the end the following new subsection: (b) Visual recording (1) The Secretary shall prescribe regulations establishing procedures to ensure that, except as provided by paragraph (2), any visual recording made by the Secretary of a patient during the course of furnishing care under this title is carried out only with the full and informed consent of the patient or, in appropriate cases, a representative thereof. (2) The Secretary may waive the requirement for informed consent under paragraph (1) with respect to the visual recording of a patient if such recording is made— (A) pursuant to a determination by a physician or psychologist that such recording is medically necessary; (B) pursuant to a warrant or order of a court of competent jurisdiction; or (C) in a public setting where a person would not have a reasonable expectation to privacy, such as a waiting room or hallway, and such recording is for general security purposes not particularized to the patient. (3) In this subsection, the term visual recording means the recording or transmission of images or video. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1490ih/xml/BILLS-113hr1490ih.xml |
113-hr-1491 | I 113th CONGRESS 1st Session H. R. 1491 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Ms. Bonamici (for herself, Mr. Young of Alaska , Mr. DeFazio , Mr. Schrader , Mr. Smith of Washington , Mr. Farr , Mr. Honda , Ms. Speier , Mr. Thompson of California , Ms. Chu , Mr. Larsen of Washington , Mrs. Capps , Mr. Blumenauer , Ms. Lee of California , Mr. Kilmer , Mr. Huffman , Mr. Heck of Washington , and Ms. DelBene ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure , and in addition to the Committee on Natural Resources , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Administrator of the National Oceanic and Atmospheric Administration to provide certain funds to eligible entities for activities undertaken to address the marine debris impacts of the March 2011 Tohoku earthquake and subsequent tsunami, and for other purposes.
1. Authority to provide funds (a) In general Notwithstanding any other provision of law, the Administrator of the National Oceanic and Atmospheric Administration may provide funds to an eligible entity impacted by the covered marine debris event to assist such entity with the costs of any activity previously carried out, being carried out, or to be carried out to address the effects of such event. (b) Funding The Administrator may provide funds under subsection (a) using any funds provided by the Government of Japan for activities to address the effects of the covered marine debris event. (c) Definitions In this section, the following definitions apply: (1) Covered marine debris event The term covered marine debris event means the events, including marine debris, resulting from the March 2011 Tohoku earthquake and subsequent tsunami. (2) Eligible entity The term eligible entity means any State, local, or tribal government. | https://www.govinfo.gov/content/pkg/BILLS-113hr1491ih/xml/BILLS-113hr1491ih.xml |
113-hr-1492 | I 113th CONGRESS 1st Session H. R. 1492 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. McDermott (for himself, Mr. Blumenauer , Mrs. Capps , Mr. Farr , Ms. Norton , Mr. Jones , Mr. Rush , Ms. Wilson of Florida , Mr. Ryan of Ohio , Ms. Sinema , Mr. Enyart , Mr. Cicilline , Ms. Bordallo , Mr. Lowenthal , Mr. Vargas , Mr. Grijalva , Ms. Lee of California , and Mr. McNerney ) 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 establish the Commission on America and its Veterans.
1. Establishment of Commission There is established an independent commission in the executive branch to be known as the Commission on America and its Veterans (referred to in this Act as the Commission ). 2. Findings Congress finds the following: (1) After more than a decade of war, and much work to help members of the Armed Forces returning home from the battlefield, the United States needs a wider and more thorough process for welcoming members back, taking care of their needs, and reintegrating them into society. (2) Many initiatives exist that provide help for the men and women who have fought, but there are gaps in our support for veterans that need to be addressed. (3) The United States has waged wars, but not all are involved in fighting those wars, and the United States needs to be more deeply and regularly connected with members and their experiences in war and returning from war. (4) Veterans contribute mightily to the society of the United States but many veterans endure ongoing psychological trauma, challenges with employment, crime and dislocation, and veterans’ families and communities are also faced with the after-effects of war in ways that need to be publicly addressed. (5) The Nation needs a whole-of-society approach to improving the veteran’s position in society, and improving how we welcome veterans when they return, and improving veterans’ experience when they come back, and do so in a way that helps veterans, their families, and their communities. 3. Duties of Commission (a) In general The Commission shall— (1) not later than January 31, 2014, submit to the President and Congress a report suggesting ceremonies and events to be held throughout the United States to acknowledge the wars recently fought and for the heroism displayed by members of the Armed Forces and the costs in lives and injuries paid by members, families, and communities; (2) not later than December 31, 2014, submit to the President and Congress a report on the findings, conclusions, and legislative or other recommendations of the Commission with respect to any deficiency in how the United States welcomes back members of the Armed Forces returning home, including— (A) by studying the entirety of the reintegration experience on the member, the family of the member, and the community of the member to identify any such deficiencies that can be addressed to make such reintegration a complete and positive experience; and (B) with a particular emphasis on the effects of post-traumatic stress and the other social and health issues of members and veterans; (3) not later than 120 days after the date of the enactment of this Act, begin convening conversations throughout the United States— (A) on the effect of war on members, the families of members, and the communities of members; and (B) addressing the reintegration experience and the gap between the military, veterans, and civilian life; and (4) beginning on the date that is 180 days after the date of the enactment of this Act, and at regular intervals thereafter during the life of the Commission, including a final report at the end of such life, submit to the Secretary of Veterans Affairs recommendations regarding the Office of Armed Services and Veterans Public Outreach established under section 9, including how to best conduct an ongoing interaction between members of the Armed Forces, veterans, and civilians, particularly with young people, in which members and veterans share their stories and the effect of their service and reintegration experience directly with civilians and for recorded history. (b) Interim reports The Commission may submit to the President and Congress interim reports containing such findings, conclusions, and recommendations as have been agreed to by a majority of Commission members. 4. Composition of Commission (a) Members The Commission shall be composed of 18 members as follows: (1) One member, who shall serve as chairman of the Commission, shall be appointed by the President. (2) One member, who shall serve as vice chairman of the Commission, shall be appointed by the Speaker of the House of Representatives. (3) Four members shall be appointed by the majority leader of the Senate. (4) Four members shall be appointed by the Speaker of the House of Representatives (in addition to the one member appointed under paragraph (2)). (5) Four members shall be appointed by the minority leader of the Senate. (6) Four members shall be appointed by the minority leader of the House of Representatives. (b) Qualifications (1) Expertise Members of the Commission shall be appointed from among individuals who have personally and professionally experienced the effects of war on the Armed Forces, families, and society. (2) Nongovernmental appointees Members of the Commission may not be an officer or employee of the Federal Government. (3) Veterans included Not less than one member of the Commission appointed under each of paragraphs (3) through (6) of subsection (a) shall be a veteran. (4) Deadline for appointment Members of the Commission shall be appointed not later than 30 days after the date of the enactment of this Act. (c) Vacancies Except as provided in subsection (e)(3) with respect to a quorum, any vacancy in the Commission shall not affect its powers. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (d) Compensation (1) Pay Except as provided by paragraph (2), members of the Commission shall serve without pay. (2) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code, including section 5703. (e) Initial meeting; rules of procedure; quorum (1) Initial meeting The Commission shall hold the initial meeting of the Commission not later than 60 days after the date of the enactment of this Act. (2) Meetings After the initial meeting under paragraph (1), the Commission shall meet at the call of the chairman or a majority of members. (3) Quorum Ten members of the Commission shall constitute a quorum but a lesser number may hold hearings. (4) Rules of procedure The Commission may establish rules for the conduct of the business of the Commission, if such rules are not inconsistent with this Act or other applicable law. 5. Powers of Commission (a) Hearings For the purpose of carrying out this Act, the Commission (or on the authority of the Commission, any subcommittee, member, or designated staff thereof), may hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers appropriate. The Commission shall hold not less than one hearing in each of the several States and the District of Columbia and may hold hearings in any commonwealth, territory, or possession of the United States as the Commission determines appropriate. (b) Contracting To the extent or in the amounts provided in advance in appropriation Acts, the Commission may enter into contracts to enable the Commission to carry out the responsibilities of the Commission under this Act. (c) Information from federal agencies The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the chairman of the Commission, the chairman of any subcommittee created by a majority of the Commission, or any member designated by a majority of the Commission, the head of that department or agency shall furnish that information to the Commission. (d) Assistance from federal agencies (1) General services administration Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services and other services necessary for the Commission to carry out the responsibilities of the Commission under this Act. (2) Other departments and agencies In addition to the assistance described in paragraph (1), the head of any department or agency of the United States may provide to the Commission such services, funds, facilities, staff, and other support services as they may determine advisable and as may be authorized by law. (e) Gifts The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property, both real and personal, for the purpose of aiding or facilitating the work of the Commission. Gifts, bequests, or devises of money and proceeds from sales of other property received as gifts, bequests, or devises shall be deposited in the Treasury and shall be available for disbursement upon order of the chairman, vice chairman, or designee. (f) Mails The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. 6. Staff (a) In general (1) Appointment and compensation The chairman, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out the responsibilities of the Commission, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level III of the Executive Schedule under section 5316 of title 5, United States Code. (2) Personnel as federal employees The executive director and any employee of the Commission (not including members appointed under section 4(a)) shall be employees under section 2105 of title 5, United States Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that title. (b) Detailees Any employee of the Federal Government may be detailed by the head of the department or agency of the employee to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of the detailee’s regular employment without interruption. (c) Expert and consultant services The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (d) Volunteer Services Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use voluntary and uncompensated services as the Commission determines necessary. 7. Nonapplicability of Federal Advisory Committee Act (a) In general The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission. (b) Public meetings and release of public versions of reports The Commission shall— (1) hold public hearings and meetings to the extent appropriate; and (2) release public versions of the reports required under section 3. (c) Public hearings Any public hearings of the Commission shall be conducted in a manner consistent with the protection of information provided to or developed for or by the Commission as required by any applicable law, regulation, or Executive order. 8. Termination (a) Termination (1) In general The Commission shall terminate on May 31, 2016. (2) Administrative activities before termination The Commission may use the 60-day period preceding the date on which it terminates under paragraph (1) for the purpose of concluding its activities, including providing testimony to committees of Congress concerning its reports and disseminating the final report. 9. Establishment of Office of Armed Services and Veterans Public Outreach (a) Establishment The Secretary of Veterans Affairs shall establish within the Department of Veterans Affairs an Office of Armed Services and Veterans Public Outreach (in this section referred to as the Office ). (b) Duties The Office shall work with the Armed Forces, veterans service organizations, the private and public sectors, nonprofit organizations, local educational agencies, and other organizations to help match veterans and members of the Armed Forces with civilian audiences in order for private and nonprofit organizations to conduct ongoing interactions between members, veterans, and civilians, particularly with young people, in which members and veterans share their stories and the effect of their service and reintegration experience directly with civilians and for recorded history. 10. Funding This Act shall not be construed to increase the amount of appropriations that are authorized to be appropriated for any fiscal year. 11. Veteran defined In this section, the term veteran has the meaning given that term in section 101(2) of title 38, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr1492ih/xml/BILLS-113hr1492ih.xml |
113-hr-1493 | I 113th CONGRESS 1st Session H. R. 1493 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Collins of Georgia (for himself, Mr. Westmoreland , Mr. Franks of Arizona , Mr. Bishop of Utah , Mr. Cramer , Mr. Holding , Mrs. Ellmers , Mr. Yoho , Mr. Stutzman , Mr. Southerland , Mr. Perry , Mr. Bachus , Mr. Coble , Mr. Gardner , Mr. Graves of Georgia , Mr. Meadows , Mr. Gowdy , Mr. Gohmert , Mr. Bentivolio , Mr. Wenstrup , Mr. Price of Georgia , Mr. Gingrey of Georgia , Mr. Broun of Georgia , Mr. Daines , and Mr. Kingston ) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To impose certain limitations on consent decrees and settlement agreements by agencies that require the agencies to take regulatory action in accordance with the terms thereof, and for other purposes.
1. Short title This Act may be cited as the Sunshine for Regulatory Decrees and Settlements Act of 2013 . 2. Definitions In this Act— (1) the terms agency and agency action have the meanings given those terms under section 551 of title 5, United States Code; (2) the term covered civil action means a civil action— (A) seeking to compel agency action; (B) alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of— (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; and (C) brought under— (i) chapter 7 of title 5, United States Code; or (ii) any other statute authorizing such an action; (3) the term covered consent decree means— (A) a consent decree entered into in a covered civil action; and (B) any other consent decree that requires agency action relating to a regulatory action that affects the rights of— (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government; (4) the term covered consent decree or settlement agreement means a covered consent decree and a covered settlement agreement; and (5) the term covered settlement agreement means— (A) a settlement agreement entered into in a covered civil action; and (B) any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of— (i) private persons other than the person bringing the action; or (ii) a State, local, or tribal government. 3. Consent decree and settlement reform (a) Pleadings and preliminary matters (1) In general In any covered civil action, the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner, including by making the notice of intent to sue and the complaint available online not later than 15 days after receiving service of the notice of intent to sue or complaint, respectively. (2) Entry of a covered consent decree or settlement agreement A party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with paragraph (1) and subparagraphs (A) and (B) of paragraph (2) of subsection (d) or subsection (d)(3)(A), whichever is later. (b) Intervention (1) Rebuttable presumption In considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a person who alleges that the agency action in dispute would affect the person, the court shall presume, subject to rebuttal, that the interests of the person would not be represented adequately by the existing parties to the action. (2) State, local, and tribal governments In considering a motion to intervene in a covered civil action or a civil action in which a covered consent decree or settlement agreement has been proposed that is filed by a State, local, or tribal government, the court shall take due account of whether the movant— (A) administers jointly with an agency that is a defendant in the action the statutory provisions that give rise to the regulatory action to which the action relates; or (B) administers an authority under State, local, or tribal law that would be preempted by the regulatory action to which the action relates. (c) Settlement negotiations Efforts to settle a covered civil action or otherwise reach an agreement on a covered consent decree or settlement agreement shall— (1) be conducted pursuant to the mediation or alternative dispute resolution program of the court or by a district judge other than the presiding judge, magistrate judge, or special master, as determined appropriate by the presiding judge; and (2) include any party that intervenes in the action. (d) Publication of and comment on covered consent decrees or settlement agreements (1) In general Not later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency seeking to enter the covered consent decree or settlement agreement shall publish in the Federal Register and online— (A) the proposed covered consent decree or settlement agreement; and (B) a statement providing— (i) the statutory basis for the covered consent decree or settlement agreement; and (ii) a description of the terms of the covered consent decree or settlement agreement, including whether it provides for the award of attorneys’ fees or costs and, if so, the basis for including the award. (2) Public comment (A) In general An agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in paragraph (1) on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement. (B) Response to comments An agency shall respond to any comment received under subparagraph (A). (C) Submissions to court When moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement, an agency shall— (i) inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms; (ii) submit to the court a summary of the comments received under subparagraph (A) and the response of the agency to the comments; (iii) submit to the court a certified index of the administrative record of the notice and comment proceeding; and (iv) make the administrative record described in clause (iii) fully accessible to the court. (D) Inclusion in record The court shall include in the court record for a civil action the certified index of the administrative record submitted by an agency under subparagraph (C)(iii) and any documents listed in the index which any party or amicus curiae appearing before the court in the action submits to the court. (3) Public hearings permitted (A) In general After providing notice in the Federal Register and online, an agency may hold a public hearing regarding whether to enter into a proposed covered consent decree or settlement agreement. (B) Record If an agency holds a public hearing under subparagraph (A)— (i) the agency shall— (I) submit to the court a summary of the proceedings; (II) submit to the court a certified index of the hearing record; and (III) provide access to the hearing record to the court; and (ii) the full hearing record shall be included in the court record. (4) Mandatory deadlines If a proposed covered consent decree or settlement agreement requires an agency action by a date certain, the agency shall, when moving for entry of the covered consent decree or settlement agreement or dismissal based on the covered consent decree or settlement agreement, inform the court of— (A) any required regulatory action the agency has not taken that the covered consent decree or settlement agreement does not address; (B) how the covered consent decree or settlement agreement, if approved, would affect the discharge of the duties described in subparagraph (A); and (C) why the effects of the covered consent decree or settlement agreement on the manner in which the agency discharges its duties is in the public interest. (e) Submission by the Government (1) In general For any proposed covered consent decree or settlement agreement that contains a term described in paragraph (2), the Attorney General or, if the matter is being litigated independently by an agency, the head of the agency shall submit to the court a certification that the Attorney General or head of the agency approves the proposed covered consent decree or settlement agreement. The Attorney General or head of the agency shall personally sign any certification submitted under this paragraph. (2) Terms A term described in this paragraph is— (A) in the case of a covered consent decree, a term that— (i) converts into a nondiscretionary duty a discretionary authority of an agency to propose, promulgate, revise, or amend regulations; (ii) commits an agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; (iii) commits an agency to seek a particular appropriation or budget authorization; (iv) divests an agency of discretion committed to the agency by statute or the Constitution of the United States, without regard to whether the discretion was granted to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties; or (v) otherwise affords relief that the court could not enter under its own authority upon a final judgment in the civil action; or (B) in the case of a covered settlement agreement, a term— (i) that provides a remedy for a failure by the agency to comply with the terms of the covered settlement agreement other than the revival of the civil action resolved by the covered settlement agreement; and (ii) that— (I) interferes with the authority of an agency to revise, amend, or issue rules under the procedures set forth in chapter 5 of title 5, United States Code, or any other statute or Executive order prescribing rulemaking procedures for a rulemaking that is the subject of the covered settlement agreement; (II) commits the agency to expend funds that have not been appropriated and that have not been budgeted for the regulatory action in question; or (III) for such a covered settlement agreement that commits the agency to exercise in a particular way discretion which was committed to the agency by statute or the Constitution of the United States to respond to changing circumstances, to make policy or managerial choices, or to protect the rights of third parties. (f) Review by court (1) Amicus A court considering a proposed covered consent decree or settlement agreement shall presume, subject to rebuttal, that it is proper to allow amicus participation relating to the covered consent decree or settlement agreement by any person who filed public comments or participated in a public hearing on the covered consent decree or settlement agreement under paragraph (2) or (3) of subsection (d). (2) Review of deadlines (A) Proposed covered consent decrees For a proposed covered consent decree, a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (B) Proposed covered settlement agreements For a proposed covered settlement agreement, a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. (g) Annual reports Each agency shall submit to Congress an annual report that, for the year covered by the report, includes— (1) the number, identity, and content of covered civil actions brought against and covered consent decrees or settlement agreements entered against or into by the agency; and (2) a description of the statutory basis for— (A) each covered consent decree or settlement agreement entered against or into by the agency; and (B) any award of attorneys fees or costs in a civil action resolved by a covered consent decree or settlement agreement entered against or into by the agency. 4. Motions to modify consent decrees If an agency moves a court to modify a covered consent decree or settlement agreement and the basis of the motion is that the terms of the covered consent decree or settlement agreement are no longer fully in the public interest due to the obligations of the agency to fulfill other duties or due to changed facts and circumstances, the court shall review the motion and the covered consent decree or settlement agreement de novo. 5. Effective date This Act shall apply to— (1) any covered civil action filed on or after the date of enactment of this Act; and (2) any covered consent decree or settlement agreement proposed to a court on or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1493ih/xml/BILLS-113hr1493ih.xml |
113-hr-1494 | I 113th CONGRESS 1st Session H. R. 1494 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Gibson (for himself, Mr. Connolly , Ms. Norton , Mr. Griffin of Arkansas , Mr. Cicilline , Ms. Kuster , Mr. Stivers , Mr. Brady of Pennsylvania , Ms. Shea-Porter , Mr. Grimm , Mr. Owens , Mrs. McCarthy of New York , Ms. Meng , Ms. Bordallo , Mr. Castro of Texas , Mr. Young of Alaska , Mr. Walz , Mr. Poe of Texas , and Mr. Courtney ) introduced the following bill; which was referred to the Committee on Armed Services , and in addition to the Committee on Veterans’ Affairs , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To direct the Secretary of Defense to review the operation of certain ships during the Vietnam Era, and for other purposes.
1. Short title This Act may be cited as the Blue Water Navy Ship Accountability Act . 2. Review of operation of certain ships during the Vietnam Era (a) Review required By not later than one year after the date of the enactment of this Act, the Secretary of Defense shall review the logs of each ship under the authority of the Secretary of the Navy that is known to have operated in the waters near Vietnam during the Vietnam Era (as that term is defined in section 101(29) of title 38, United States Code) to determine— (1) whether each such ship operated in the territorial waters of the Republic of Vietnam during the period beginning on January 9, 1962, and ending on May 7, 1975; and (2) for each such ship that so operated— (A) the date or dates when the ship so operated; and (B) the distance from the shore of the location where the ship operated that was the closest proximity to shore. (b) Provision of information to the Secretary of Veterans Affairs Upon a determination that any such ship so operated, the Secretary of Defense shall provide such determination, together with the information described in subsection (a)(2) about the ship, to the Secretary of Veterans Affairs. (c) Public availability of information The Secretary of Veterans Affairs shall make publicly available all unclassified information provided to the Secretary under subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-113hr1494ih/xml/BILLS-113hr1494ih.xml |
113-hr-1495 | I 113th CONGRESS 1st Session H. R. 1495 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Gosar (for himself, Mr. Salmon , Mr. Franks of Arizona , and Mr. Schweikert ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prohibit the further extension or establishment of national monuments in Arizona except by express authorization of Congress.
1. Short title This Act may be cited as the Arizona Land Sovereignty Act . 2. Limitation on further extension or establishment of national monuments in Arizona The proviso of the last sentence of the first section of the Act of September 14, 1950 (64 Stat. 849, chapter 950; 16 U.S.C. 431a ), is amended by inserting or Arizona after Wyoming . | https://www.govinfo.gov/content/pkg/BILLS-113hr1495ih/xml/BILLS-113hr1495ih.xml |
113-hr-1496 | I 113th CONGRESS 1st Session H. R. 1496 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Graves of Georgia (for himself, Mr. Schrader , Mr. Duncan of South Carolina , Mr. Bishop of Georgia , Mr. Poe of Texas , Mr. Westmoreland , Mr. LaMalfa , Mr. Crawford , Mr. Latta , Mr. Austin Scott of Georgia , Mr. Southerland , Mr. Stutzman , Mr. Yoho , Mr. Valadao , and Mr. Broun of Georgia ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require the Administrator of the Environmental Protection Agency to withdraw the proposed order published in the January 19, 2011, Federal Register (76 Fed. Reg. 3422) pertaining to the pesticide sulfuryl fluoride.
1. Short title The Act may be cited as the Pest Free Food Supply Act . 2. Findings The Congress finds the following: (1) The food and fiber supply in the United States is the safest and most abundant and affordable bounty in the world due to efficient application of science-based technologies through the Nation’s enduring heritage of farming and ranching. (2) The Environmental Protection Agency ( EPA ) supported the transition from methyl bromide as a fumigant for pest eradication in 2005 under the Montreal Protocol. (3) Sulfuryl fluoride was tested and found to be a safe and viable broad-spectrum post-harvest alternative to methyl bromide. (4) In 2002, EPA presented the maker of sulfuryl fluoride with a Stratospheric Ozone Protection Award. (5) Sulfuryl fluoride has evolved into the industry standard and is critical to elimination of pest contamination on foods and further processed food products derived from peanuts, cotton seed, cocoa beans, wheat, rice, corn, oats, oilseeds, nuts, dried fruits, and many agricultural commodities. (6) Sulfuryl fluoride is also an important fumigant to control pests in various food and agricultural processing facilities. (7) On January 19, 2011, EPA published in the Federal Register a proposed order to revoke the previously approved food uses for the fumigant sulfuryl fluoride. (8) EPA issued the proposed order not because it would have any meaningful effect on public health, but because of the presence of excessively high levels of naturally occurring fluoride in certain drinking water systems. (9) Sulfuryl fluoride is the smallest contributor to total fluoride exposure, and even EPA admits that the elimination of sulfuryl fluoride does not solve, or even significantly decrease, the fluoride … exposure problems . (10) The EPA has stated that, if sulfuryl fluoride is phased-out from use, industry will be left with few viable sanitation alternatives . 3. Direct withdrawal of January 19, 2011, Federal Register notice pertaining to sulfuryl fluoride The Administrator of the Environmental Protection Agency shall withdraw the proposed order published in the January 19, 2011, Federal Register (76 Fed. Reg. 3422) pertaining to the pesticide sulfuryl fluoride. | https://www.govinfo.gov/content/pkg/BILLS-113hr1496ih/xml/BILLS-113hr1496ih.xml |
113-hr-1497 | I 113th CONGRESS 1st Session H. R. 1497 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Hunter (for himself, Mr. Miller of Florida , Mr. Duncan of South Carolina , Mr. McClintock , Mr. Jones , Mr. LaMalfa , Mr. Roe of Tennessee , Mr. Nunnelee , Mr. Latta , Mr. Calvert , Mr. Chabot , Mr. Coble , Mr. Vargas , Mr. Peters of California , Mr. Issa , and Mr. Kline ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend title 36, United States Code, to ensure that memorials commemorating the service of the United States Armed Forces may contain religious symbols, and for other purposes.
1. Short title This Act may be cited as the War Memorial Protection Act . 2. Inclusion of religious symbols as part of military memorials (a) Authority Chapter 21 of title 36, United States Code, is amended by adding at the end the following: 2115. Inclusion of religious symbols as part of military memorials (a) Inclusion of religious symbols authorized To recognize the religious background of members of the United States Armed Forces, religious symbols may be included as part of— (1) a military memorial that is established or acquired by the United States Government; or (2) a military memorial that is not established by the United States Government, but for which the American Battle Monuments Commission cooperated in the establishment of the memorial. (b) Military memorial defined In this section, the term military memorial means a memorial or monument commemorating the service of the United States Armed Forces. The term includes works of architecture and art described in section 2105(b) of this title. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding at the end the following: 2115. Inclusion of religious symbols as part of military memorials. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1497ih/xml/BILLS-113hr1497ih.xml |
113-hr-1498 | I 113th CONGRESS 1st Session H. R. 1498 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Jeffries (for himself, Ms. Moore , Ms. Michelle Lujan Grisham of New Mexico , Mr. Pocan , and Mr. McDermott ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To extend the interest rate for Federal Direct Stafford Loans.
1. Interest rate extension for Federal Direct Stafford Loans Section 455(b)(7)(D) of the Higher Education Act of 1965 ( 20 U.S.C. 1087e(b)(7)(D) ) is amended— (1) in the matter preceding clause (i), by striking 2013 and inserting 2014 ; and (2) in clause (v), by striking 2013 and inserting 2014 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1498ih/xml/BILLS-113hr1498ih.xml |
113-hr-1499 | I 113th CONGRESS 1st Session H. R. 1499 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Jeffries (for himself, Mr. Grimm , and Mr. Crowley ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To ensure that homeowners who have mortgages insured by the FHA, or owned or guaranteed by Fannie Mae or Freddie Mac, and whose homes are located in major disaster areas are notified of any forbearance relief in connection with such disaster that is offered or recommended by the FHA, the Federal Housing Finance Agency, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation, and for other purposes.
1. Short title This Act may be cited as the Disaster-Affected Homeowners Notification Act of 2013 . 2. Requirement to notify affected homeowners of mortgage relief (a) Requirement If, in connection with any major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), the Secretary of Housing and Urban Development, the Director of the Federal Housing Finance Agency, the Federal National Mortgage Association, or the Federal Home Loan Mortgage Corporation makes available forbearance relief with respect to any covered mortgage, or any such agency head or enterprise issues any notice or guidelines to mortgagees or servicers recommending or requiring such relief, the applicable agency head shall— (1) provide, to each mortgagor under a covered mortgage, direct notification in accordance with subsection (b) of such relief made available, required, or recommended; and (2) provide, for areas subject to such disaster declaration, community-wide notification in accordance with the guidelines issued under subsection (c) of such relief made available, required, or recommended. (b) Direct notification Direct notification in accordance with this subsection is notification to the mortgagor under a covered mortgage— (1) (A) made by a telephone call to the mortgagor or by mail to the residence subject to the mortgage; and (B) by such other method of direct contact as may be provided in the guidelines issued pursuant to subsection (e); and (2) that clearly informs the mortgagor— (A) that the mortgage is a covered mortgage; (B) of the forbearance relief made available, required, or recommended; (C) of any moratorium on foreclosure with respect to covered mortgages; and (D) of how to obtain more information regarding such relief. (c) Community-Wide notification and awareness measures The applicable agency heads shall, pursuant to subsection (e), issue guidelines regarding measures designed to provide notice and awareness of any forbearance relief made available, required, or recommended in connection with a major disaster throughout the areas subject to such disaster declaration. Such guidelines may include requirements regarding the types of notification measures, such as town hall meetings, public service announcements, public advertisements and the types of media used to convey such advertisements, and flyers and other community notices. (d) Definitions For purposes of this section, the following definitions shall apply: (1) Applicable agency head The term applicable agency head means— (A) the Secretary, with respect to a covered mortgage described in paragraph (2)(B)(i); and (B) the Director, with respect to a covered mortgage described in paragraph (2)(B)(ii). (2) Covered mortgage The term covered mortgage means, with respect to any major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ), a mortgage— (A) that is secured by a one- to four-family dwelling that— (i) is the principal residence of the mortgagor; and (ii) is located within an area for which such major disaster was declared; and (B) that is— (i) insured under title II of the National Housing Act ( 12 U.S.C. 1707 et seq. ); or (ii) owned or guaranteed by the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. Any delinquency or default under a mortgage shall not affect the status of such mortgage as a covered mortgage. (3) Director The term Director means the Director of the Federal Housing Finance Agency. (4) Forbearance relief The term forbearance relief means, with respect to a mortgage, any suspension or reduction of payments due under the mortgage, in any form and to any extent. (5) Mortgagee The term mortgagee means, with respect to a covered mortgage, the original lender under the mortgage and any affiliates, agents, subsidiaries, successors, or assignees of such lender, any subsequent purchaser, trustee, or transferee of the mortgage or credit instrument issued by such lender. (6) Secretary The term Secretary means the Secretary of Housing and Urban Development. (e) Guidelines Not later than the expiration of the 30-day period beginning on the date of the enactment of this Act, the Secretary and the Director shall jointly issue guidelines to carry out this section. (f) Applicability This Act shall apply with respect to any major disaster declared pursuant to section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act in connection with Hurricane Sandy and any major disaster declared thereafter. | https://www.govinfo.gov/content/pkg/BILLS-113hr1499ih/xml/BILLS-113hr1499ih.xml |
113-hr-1500 | I 113th CONGRESS 1st Session H. R. 1500 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Cartwright (for himself, Ms. Norton , Mr. Rangel , Ms. Jackson Lee , Ms. Clarke , Mr. Conyers , Mr. Grijalva , Mrs. Negrete McLeod , Ms. Brown of Florida , Mr. Ellison , Mr. O’Rourke , Mrs. Christensen , Mr. Payne , Mr. Delaney , Mr. Waxman , Mr. Vargas , Mr. Fattah , Mr. Capuano , Mr. Brady of Pennsylvania , Mr. Nolan , Mr. Vela , Mr. McIntyre , Mr. Hinojosa , and Mr. Yoho ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend section 9A of the Richard B. Russell National School Lunch Act to require that local school wellness policies include a requirement that students receive 50 hours of school nutrition education per school year.
1. Short title This Act may be cited as the Nutrition Education Act . 2. Findings Congress finds the following: (1) Section 9A of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758b ) requires all local educational agencies participating in a program authorized by the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) to establish a local school wellness policy for schools under the jurisdiction of local educational agency that include nutrition promotion and education. However, there are no specific requirements regarding the amount of time or type of classes that school children have to spend or take in nutrition education. (2) Some schools include in their health education classes some general information about nutrition, but there are no specific guidelines of what the minimum requirements should be. The mean number of hours spent on nutrition education in the first 4 years of school is only 13 hours per year. A minimum of 50 hours per year are thought to be necessary to influence behavior. (3) Each local educational agency participating in a program authorized by the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) should have a minimum requirement for amount of time per year students should spend on nutrition education and the type of instruction that should be provided as part of such education. 3. School nutrition education requirement (a) Amendments Section 9A(b) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758b(b) ) is amended— (1) in paragraph (1), by striking nutrition promotion and education, physical activity, and inserting physical activity ; (2) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; and (3) by inserting after paragraph (1), the following: (2) includes a requirement for 50 hours of school nutrition education during a school year per student that includes instruction that— (A) is consistent with sections 9 and 17 of this Act, and sections 4 and 10 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 , 1779); (B) is offered at each grade level as part of a sequential, comprehensive, standards-based program designed to provide students with the knowledge and skills necessary to promote and protect their health; (C) is part of not only health education classes, but is also encouraged to be incorporated into classroom instruction in subjects such as math, science, language arts, social sciences, and elective subjects; (D) includes enjoyable, developmentally appropriate, culturally relevant, participatory activities, such as contests, promotions, taste testing, farm visits, and school gardens; (E) promotes fruits, vegetables, whole grain products, low-fat and fat-free dairy products, healthy food preparation methods, and health-enhancing nutrition practices; (F) emphasizes caloric balance between food intake and energy expenditure; (G) coordinates with school meal programs, other school foods programs, and nutrition-related community services; (H) teaches media literacy with an emphasis on food marketing; (I) provides training for teachers and other staff in nutrition education; and (J) establishes a process to evaluate the effectiveness of the requirements of school nutrition education described in subparagraphs (A) through (I); . (b) Effective date The amendments made by subsection (a) shall take effect at the beginning of the school year following the date of the enactment of this Act, but not earlier than 3 months after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1500ih/xml/BILLS-113hr1500ih.xml |
113-hr-1501 | I 113th CONGRESS 1st Session H. R. 1501 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Jeffries (for himself, Mr. Crowley , and Mr. Israel ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To direct the Secretary of the Interior to study the suitability and feasibility of designating the Prison Ship Martyrs’ Monument in Fort Greene Park, in the New York City borough of Brooklyn, as a unit of the National Park System.
1. Prison Ship Martyrs’ Monument study; report (a) Short title This section may be cited as the Prison Ship Martyrs’ Monument Preservation Act . (b) Study (1) In general The Secretary of the Interior shall complete a study to determine the suitability and feasibility of designating the Prison Ship Martyrs’ Monument in Fort Greene Park, in the New York City borough of Brooklyn, as a unit of the National Park System. (2) Applicability of other law Section 8(c) of Public Law 91–383 ( 16 U.S.C. 1a–5(c) ; commonly known as the National Park System General Authorities Act) shall apply to the study. (c) Report Not later than one year after the date of the enactment of this Act, the Secretary of the Interior shall transmit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report containing the conclusions of the study required by subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-113hr1501ih/xml/BILLS-113hr1501ih.xml |
113-hr-1502 | I 113th CONGRESS 1st Session H. R. 1502 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Sam Johnson of Texas (for himself, Mr. Renacci , Mr. Tiberi , Mr. Reichert , Mr. Kelly of Pennsylvania , Mr. Reed , Mr. Griffin of Arkansas , Mrs. Black , Mr. Smith of Nebraska , Mr. Boustany , and Mr. Schock ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to prevent concurrent receipt of unemployment benefits and Social Security disability insurance, and for other purposes.
1. Short Title This Act may be cited as the Social Security Disability Insurance and Unemployment Benefits Double Dip Elimination Act . 2. Disqualification on receipt of disability insurance benefits in a month for which unemployment compensation is received (a) In general Section 223(d)(4) of the Social Security Act (42 U.S.C. 423(d)(4)) is amended by adding at the end the following: (C) (i) If for any month an individual is entitled to unemployment compensation, such individual shall be deemed to have engaged in substantial gainful activity for such month. (ii) For purposes of clause (i), the term unemployment compensation means— (I) regular compensation , extended compensation , and additional compensation (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act ( 26 U.S.C. 3304 note)); and (II) trade adjustment assistance under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). . (b) Trial work period Section 222(c) of the Social Security Act ( 42 U.S.C. 422(c) ) is amended by adding at the end the following: (6) (A) For purposes of this subsection, an individual shall be deemed to have rendered services in a month if the individual is entitled to unemployment compensation for such month. (B) For purposes of subparagraph (A), the term unemployment compensation means— (i) regular compensation , extended compensation , and additional compensation (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act ( 26 U.S.C. 3304 note)); and (ii) trade adjustment assistance under title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.). . (c) Data matching The Commissioner of Social Security shall implement the amendments made by this section using appropriate electronic data. (d) Effective date The amendments made by this section shall apply with respect to months after December 2013. | https://www.govinfo.gov/content/pkg/BILLS-113hr1502ih/xml/BILLS-113hr1502ih.xml |
113-hr-1503 | I 113th CONGRESS 1st Session H. R. 1503 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. King of Iowa (for himself and Mr. Huelskamp ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To repeal a certain rule relating to nutrition standards in the national school lunch and school breakfast programs, and for other purposes.
1. Short title This Act may be cited as the No Hungry Kids Act . 2. Repeal of rule The rule prescribed by the Food and Nutrition Service of the Department of Agriculture relating to nutrition standards in the national school lunch and school breakfast programs published on January 26, 2012 (77 Fed. Reg. 4088 et seq.) and revising parts 210 and 220 of title 7, Code of Federal Regulations, shall have no force or effect. 3. Limits on certain nutritional requirements Section 9(a)(1)(A)(i) of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1758(a)(1)(A)(i) ) is amended by inserting before the semicolon the following: , to establish a calorie maximum for individual school lunches, or to prohibit a child from eating a lunch provided by the child’s parent or legal guardian . | https://www.govinfo.gov/content/pkg/BILLS-113hr1503ih/xml/BILLS-113hr1503ih.xml |
113-hr-1504 | I 113th CONGRESS 1st Session H. R. 1504 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Langevin (for himself and Mr. Cicilline ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Magnuson-Stevens Fishery Conservation and Management Act to add Rhode Island to the Mid-Atlantic Fishery Management Council.
1. Short title This Act may be cited as the Rhode Island Fishermen's Fairness Act . 2. Findings Congress makes the following findings: (1) Rhode Island fishermen participate in fisheries managed by the New England Fishery Management Council (hereinafter referred to as the NEFMC ) and the Mid-Atlantic Fishery Management Council (hereinafter referred to as the MAFMC ). (2) Rhode Island currently has voting membership on the NEFMC under the Magnuson-Stevens Fishery Conservation and Management Act but does not have voting membership on the MAFMC. (3) Rhode Island lands more MAFMC-managed stocks than any other MAFMC member except the State of New Jersey. (4) A higher percentage of Rhode Island’s commercial landings (by weight or value) traditionally have come from species that are managed by the MAFMC as compared to species managed by NEFMC. (5) MAFMC has found that Rhode Island’s circumstance parallels that of Florida and North Carolina, which each have voting membership on two different fishery management councils. 3. Addition of Rhode Island to the Mid-Atlantic Fishery Management Council Section 302(a)(1)(B) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(a)(1)(B) ) is amended— (1) by inserting Rhode Island, after States of ; (2) by inserting Rhode Island, after except North Carolina, ; (3) by striking 21 and inserting 23 ; and (4) by striking 13 and inserting 14 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1504ih/xml/BILLS-113hr1504ih.xml |
113-hr-1505 | I 113th CONGRESS 1st Session H. R. 1505 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mrs. Carolyn B. Maloney of New York (for herself, Ms. Ros-Lehtinen , Ms. Bass , Mr. Ruppersberger , Mr. Cummings , Mr. Rangel , Mr. Sarbanes , Mr. Holt , Mr. Pascrell , Ms. Schwartz , Mr. Connolly , Mr. Deutch , Ms. Brown of Florida , Mr. Brady of Pennsylvania , Mr. Nadler , Mr. Moran , Mr. Cicilline , Mr. Hastings of Florida , Mr. Grijalva , Mr. King of New York , Ms. Frankel of Florida , and Mr. Weber of Texas ) introduced the following bill; which was referred to the Committee on the Judiciary , 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 that the courts of the United States may provide an impartial forum for claims brought by United States citizens and others against any railroad organized as a separate legal entity, arising from the deportation of United States citizens and others to Nazi concentration camps on trains owned or operated by such railroad, and by the heirs and survivors of such persons, and for other purposes.
1. Short title This Act may be cited as the Holocaust Rail Justice Act . 2. Congressional findings Congress finds as follows: (1) During World War II, more than 75,000 Jews and thousands of other persons were deported from France to Nazi concentration camps, on trains operated for profit by the Société Nationale des Chemins de fer Français (in this Act referred to as SNCF ), including deportations to Auschwitz and Buchenwald. Numerous citizens and residents of the United States were among those who were on the trains or had relatives on the trains. United States servicemen who were pilots shot down over France were also among the persons deported on the SNCF trains to Nazi concentration camps. (2) United States citizens and others have sought redress against SNCF by filing a class action suit in the United States District Court for the Eastern District of New York. The named plaintiffs and class members include United States Army Air Force pilots and United States citizens. (3) The complaint filed alleges that SNCF, a separate corporate entity that remained independent during World War II, operated the deportation trains for a profit, as ordinary commercial transactions. SNCF remained under French civilian control throughout World War II and is alleged to have collaborated willingly with the German Nazi regime. (4) The complaint alleges that SNCF provided the necessary rolling stock, scheduled the departures, and supplied the employees to operate the trains bound for the concentration camps. SNCF allegedly charged an ordinary passenger coach fare for the deportations, calculated per person and per kilometer, and considered these trains as ordinary commercial activities. The plaintiffs further contend that SNCF herded as many people as possible into each car, requiring passengers of all ages and sexes, including the elderly and young children, to stand throughout the trip of several days’ duration, with no provision for food or water and no sanitary facilities. The complaint further alleges that SNCF cleaned the trains after each trip, removing the corpses of persons who perished during transit due to the execrable conditions of the train cars. The destination was in each case a camp in which the deportees were to be exterminated, worked to death, or made to suffer terrible and inhuman conditions. (5) The complaint contends that SNCF’s actions violated the Principles of the Nuremberg Tribunal, 1950, relating to crimes under international law (earlier recognized by the Martens Clause of the Hague Convention IV of 1907), and aided and abetted the commission of war crimes and crimes against humanity. SNCF has not denied its actions and has never disgorged the money that it was paid for the deportations or otherwise compensated the deportees or their heirs. (6) SNCF’s records concerning the deportation trains have not been made available to the plaintiffs, and SNCF archives concerning its wartime activities are not accessible to the general public. (7) SNCF moved to dismiss the lawsuit on a claim of sovereign immunity under the foreign sovereign immunities provisions of title 28, United States Code (28 U.S.C. 1330 and 1602 et seq.), even though it is one of the 500 largest corporations in the world, earns hundreds of millions of dollars from its commercial activities in the United States, and is not accorded sovereign immunity under the laws of France. SNCF’s motion to dismiss the lawsuit was granted by the United States District Court for the Eastern District of New York. Plaintiffs appealed the decision, their appeal was granted, and the case was remanded for further proceedings. Subsequently, in light of Republic of Austria v. Altmann, 541 U.S. 677 (2004), in November 2004, on remand, the Court of Appeals for the Second Circuit recalled its prior mandate and determined that SNCF was entitled to immunity and affirmed the dismissal of the complaint. The Second Circuit stated that the railroad’s conduct at the time lives on in infamy but concluded that the evil actions of the French national railroad’s former private masters in knowingly transporting thousands to death camps during World War II are not susceptible to legal redress in Federal court today. . (8) This lawsuit, which arises from the unique historical facts of the deportation of persons to Nazi concentration camps, presents issues of substantial importance to citizens and veterans of the United States. Many of those who have sought redress against SNCF are elderly and would have difficulty traveling outside the United States in order to pursue their claims elsewhere. The courts of the United States are and should be a proper forum for this lawsuit. The Foreign Sovereign Immunities Act of 1976, which had not been enacted at the time of SNCF’s actions during World War II, was not intended to bar suit against the SNCF. 3. Access to United States courts for holocaust deportees (a) Jurisdiction of district courts The United States district courts shall have original jurisdiction, without regard to the amount in controversy, of any civil action for damages for personal injury or death that— (1) arose from the deportation of persons to Nazi concentration camps during the period beginning on January 1, 1942, and ending on December 31, 1944; and (2) is brought by any such person, or any heir or survivor of such person, against a railroad that— (A) owned or operated the trains on which the persons were so deported; and (B) was organized as a separate legal entity at the time of the deportation, whether or not any of the equity interest in the railroad was owned by a foreign state. (b) Other laws not applicable Sections 1330 and 1601 through 1611 of title 28, United States Code, or any other law limiting the jurisdiction of the United States courts, whether by statute or under common law, shall not preclude any action under subsection (a). (c) Inapplicability of statutes of limitation An action described in subsection (a) shall not be barred by a defense that the time for bringing such action has expired under a statute of limitations. (d) Applicability This section shall apply to any action pending on January 1, 2002, and to any action commenced on or after that date. 4. Report to Congress In furtherance of international education relating to the Holocaust and in light of historic and continuing Anti-Semitism in Europe and throughout the world, the Secretary of State shall submit to the Congress, not later than the date that is 1 year after the date of the enactment of this Act, a report describing the extent to which the public has access to records, including archived information, of any railroad described in section 3(a)(2) with respect to the deportation of persons to Nazi concentration camps during the period beginning on January 1, 1942, and ending on December 31, 1944, on trains owned or operated by that railroad. | https://www.govinfo.gov/content/pkg/BILLS-113hr1505ih/xml/BILLS-113hr1505ih.xml |
113-hr-1506 | I 113th CONGRESS 1st Session H. R. 1506 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Markey (for himself, Mr. Bishop of New York , Mr. Blumenauer , Ms. Bonamici , Mrs. Christensen , Ms. Chu , Mr. Clay , Mr. Conyers , Ms. Edwards , Mr. Ellison , Ms. Eshoo , Mr. Farr , Mr. Grijalva , Mr. Hastings of Florida , Mr. Holt , Mr. Honda , Mr. Huffman , Mr. Keating , Ms. Lee of California , Mr. Lewis , Mr. Lowenthal , Mrs. Carolyn B. Maloney of New York , Ms. McCollum , Mr. McDermott , Mr. McGovern , Mr. Moran , Mr. Nadler , Mrs. Napolitano , Ms. Norton , Mr. Payne , Mr. Pocan , Mr. Polis , Mr. Price of North Carolina , Mr. Rangel , Ms. Schakowsky , Ms. Slaughter , Ms. Speier , Mr. Tierney , Mr. Waxman , and Ms. Wilson of Florida ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To reduce the number of nuclear-armed submarines operated by the Navy, to prohibit the development of a new long-range penetrating bomber aircraft, to reduce the number of intercontinental ballistic missiles operated by the Department of Defense, and for other purposes.
1. Short title This Act may be cited as the Smarter Approach to Nuclear Expenditures Act . 2. Findings Congress finds the following: (1) The Berlin Wall fell in 1989, the U.S.S.R. no longer exists, and the Cold War is over. The nature of threats to the national security and military interests of the United States has changed. However, the United States continues to maintain an enormous arsenal of nuclear weapons and delivery systems that were devised with the Cold War in mind. (2) The current nuclear arsenal of the United States includes approximately 5,000 total nuclear warheads, of which approximately 2,000 are deployed with three delivery components: long-range strategic bomber aircraft, land-based intercontinental ballistic missiles, and submarine-launched ballistic missiles. The bomber fleet of the United States comprises 93 B–52 and 20 B–2 aircraft. The United States maintains 450 intercontinental ballistic missiles. The United States also maintains 14 Ohio-class submarines, up to 12 of which are deployed at sea. Each of these submarines is armed with up to 96 independently targetable nuclear warheads. (3) This Cold War-based approach to nuclear security comes at significant cost. Over the next 10 years, the United States will spend hundreds of billions of dollars maintaining its nuclear force. A substantial decrease in the nuclear arsenal of the United States is prudent for both the budget and national security. (4) The national security interests of the United States can be well served by reducing the total number of deployed nuclear warheads and their delivery systems, as suggested by the Department of Defense’s January 2012 strategic guidance titled Sustaining U.S. Global Leadership: Priorities for 21st Century Defense . Furthermore, a number of arms control, nuclear, and national security experts have urged the United States to reduce the number of deployed nuclear warheads to no more than 1,000. (5) Economic security and national security are linked and both will be well served by smart defense spending. Admiral Mike Mullen, Chairman of the Joint Chiefs of Staff, stated on June 24, 2010, that Our national debt is our biggest national security threat and on August 2, 2011, stated that I haven’t changed my view that the continually increasing debt is the biggest threat we have to our national security. . (6) The Government Accountability Office has found that there is significant waste in the construction of the nuclear facilities of the National Nuclear Security Administration of the Department of Energy. 3. Reduction in nuclear forces (a) Prohibition on use of B–2 and B–52 aircraft for nuclear missions Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to arm a B–2 or B–52 aircraft with a nuclear weapon. (b) Prohibition on new long-Range penetrating bomber aircraft Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a long-range penetrating bomber aircraft. (c) Prohibition on F–35 nuclear mission Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be used to make the F–35 Joint Strike Fighter aircraft capable of carrying nuclear weapons. (d) Termination of B61 LEP Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the B61 life extension program. (e) Termination of W78 LEP Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the W78 life extension program. (f) Reduction of nuclear-Armed submarines Notwithstanding any other provision of law, beginning in fiscal year 2014, the forces of the Navy shall include not more than eight operational ballistic-missile submarines available for deployment. (g) Limitation on SSBN–X submarines Notwithstanding any other provision of law— (1) none of the funds authorized to be appropriated or otherwise made available for any of fiscal years 2014 through 2023 for the Department of Defense may be obligated or expended for the procurement of an SSBN–X submarine; and (2) none of the funds authorized to be appropriated or otherwise made available for fiscal year 2024 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the procurement of more than eight such submarines. (h) Reduction of ICBMs Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 200 intercontinental ballistic missiles. (i) Reduction of SLBMs Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended to maintain more than 250 submarine-launched ballistic missiles. (j) Prohibition on new ICBM Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the research, development, test, and evaluation or procurement of a new intercontinental ballistic missile. (k) Termination of MOX fuel plant project Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Mixed Oxide (MOX) Fuel Fabrication Facility project. (l) Termination of CMRR project Notwithstanding section 4215 of the Atomic Energy Defense Act ( 50 U.S.C. 2535 ) or any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Chemistry and Metallurgy Research Replacement nuclear facility. (m) Termination of UPF Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense or the Department of Energy may be obligated or expended for the Uranium Processing Facility located at the Y–12 National Security Complex. (n) Termination of MEADS Notwithstanding any other provision of law, none of the funds authorized to be appropriated or otherwise made available for fiscal year 2014 or any fiscal year thereafter for the Department of Defense may be obligated or expended for the medium extended air defense system. 4. Reports required (a) Initial report Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3. (b) Annual report Not later than March 1, 2014, and each year thereafter, the Secretary of Defense and the Secretary of Energy shall jointly submit to the appropriate committees of Congress a report outlining the plan of each Secretary to carry out section 3, including any updates to previously submitted reports. (c) Annual nuclear weapons accounting Not later than September 30, 2014, and each year thereafter, the President shall transmit to the appropriate committees of Congress a report containing a comprehensive accounting by the Director of the Office of Management and Budget of the amounts obligated and expended by the Federal Government for each nuclear weapon and related nuclear program during— (1) the fiscal year covered by the report; and (2) the life cycle of such weapon or program. (d) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means— (1) the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Appropriations, and the Committee on Energy and Natural Resources of the Senate; and (2) the Committee on Armed Services, the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-113hr1506ih/xml/BILLS-113hr1506ih.xml |
113-hr-1507 | I 113th CONGRESS 1st Session H. R. 1507 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Markey (for himself, Mr. Smith of New Jersey , Mr. Burgess , Mrs. Capito , Ms. Speier , Mr. Johnson of Georgia , Ms. Tsongas , Ms. Norton , Mr. Fattah , Ms. Moore , Mrs. Carolyn B. Maloney of New York , Mr. Runyan , Mr. Schiff , Mr. Roskam , Mr. Garamendi , Mr. Tierney , Mr. Israel , and Ms. Eddie Bernice Johnson of Texas ) 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 increase diagnosis of Alzheimer’s disease and related dementias, leading to better care and outcomes for Americans living with Alzheimer’s disease and related dementias.
1. Short title This Act may be cited as the Health Outcomes, Planning, and Education for Alzheimer’s Act . 2. Findings and purpose (a) Findings Congress makes the following findings: (1) As many as half of the estimated 5.2 million Americans with Alzheimer’s disease have never received a diagnosis. (2) An early and documented diagnosis and access to care planning services leads to better outcomes for individuals with Alzheimer’s disease and other dementias and their caregivers. (3) Combining the existing Medicare benefits of a diagnostic evaluation and care planning into a single package of services would help ensure that individuals receive an appropriate diagnosis as well as critical information about the disease and available care options, which leads to better outcomes. (4) An accurate diagnosis allows for better management of other known chronic conditions and more efficient utilization of medical resources, including reducing complications and the number of costly emergency room visits and hospitalizations. (5) A formal diagnosis allows individuals and their caregivers to have access to available medical and non-medical treatments, build a care team, participate in support services, and enroll in clinical trials. (6) Undertaking the diagnostic process potentially allows cognitive impairment to be reversed, as the cognitive impairment of nine percent of individuals experiencing dementia-like symptoms is due to a potentially reversible cause, such as depression or vitamin deficiency. (b) Purpose The purpose of this Act is to increase diagnosis of Alzheimer's disease and related dementias, leading to better care and outcomes for Americans living with Alzheimer's disease and related dementias. 3. Medicare coverage of comprehensive Alzheimer’s disease diagnosis and services (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (s)(2)— (A) by striking and at the end of subparagraph (EE); (B) by adding and at the end of subparagraph (FF); and (C) by adding at the end the following new subparagraph: (GG) comprehensive Alzheimer’s disease diagnosis and services (as defined in subsection (iii)); ; and (2) by adding at the end the following new subsection: (iii) Comprehensive Alzheimer’s disease diagnosis and services (1) The term comprehensive Alzheimer’s disease diagnosis and services means the services described in paragraph (2) furnished to an individual— (A) who does not already have a diagnosis of Alzheimer’s disease; and (B) for whom a physician or a practitioner described in clause (i), (iv), or (v) of section 1842(b)(18)(C), in a medical setting such as a physician's office, a hospital, a skilled nursing facility, a community health center, or another similar medical setting— (i) has detected the individual may have a cognitive impairment or dementia; and (ii) pursuant to such detection, has determined a diagnostic evaluation for Alzheimer’s disease is needed. (2) The services described in this paragraph are the following: (A) A diagnostic evaluation, including referral to a specialist if recommended. (B) If the individual is diagnosed with Alzheimer's disease under the diagnostic evaluation under subparagraph (A), care planning services (with the individual, with the personal representative of the individual, or with one or more family caregivers of the individual with or without the presence of the individual), including assistance understanding the diagnosis as well as the medical and non-medical options for ongoing treatment, services, and supports, and information about how to obtain such treatments, services, and supports. Such care planning services for individuals diagnosed with Alzheimer’s disease should take into consideration and address other co-morbid chronic conditions. (C) Medical record documentation, with respect to an individual, of the diagnostic evaluation under subparagraph (A), the diagnosis, and any care planning services under subparagraph (B). (3) In this subsection— (A) the term Alzheimer's disease means Alzheimer's disease and related dementias; and (B) the term personal representative means, with respect to an individual, a person legally authorized to make health care decisions on such individual’s behalf. . (b) Payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended by striking and before (Z) and inserting before the semicolon at the end the following: , and (AA) with respect to comprehensive Alzheimer’s disease diagnosis and services (as defined in section 1861(iii)), the amount paid shall be an amount equal to 80 percent of the amount determined under a fee schedule designated by the Secretary . (c) Effective date The amendments made by this section shall apply to services furnished on or after January 1 of the year following the year which includes the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1507ih/xml/BILLS-113hr1507ih.xml |
113-hr-1508 | I 113th CONGRESS 1st Session H. R. 1508 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Markey introduced the following bill; which was referred to the Committee on Oversight and Government Reform , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for the issuance of an Alzheimer’s Disease Research Semipostal Stamp.
1. Alzheimer's Disease Research Semipostal Stamp (a) In general In order to afford a convenient way for members of the public to contribute to funding for medical research relating to Alzheimer's disease, the United States Postal Service shall issue a semipostal stamp (referred to in this Act as the Alzheimer's Disease Research Semipostal Stamp ) in accordance with the provisions of this section. (b) Terms and conditions (1) In general The issuance and sale of the Alzheimer's Disease Research Semipostal Stamp shall be governed by the provisions of section 416 of title 39, United States Code, and regulations issued under such section, subject to the requirements of this subsection. (2) Duration The Alzheimer's Disease Research Semipostal Stamp shall be made available to the public for a period of 6 years, beginning no later than 12 months after the date of the enactment of this Act. (3) Disposition of proceeds All amounts becoming available from the sale of the Alzheimer's Disease Research Semipostal Stamp (as determined under section 416(d) of such title 39) shall be transferred to the National Institutes of Health, for the purpose described in subsection (a), through payments which shall be made at least twice a year. (c) Definition For purposes of this Act, the term semipostal stamp refers to a stamp described in section 416(a)(1) of title 39, United States Code. | https://www.govinfo.gov/content/pkg/BILLS-113hr1508ih/xml/BILLS-113hr1508ih.xml |
113-hr-1509 | I 113th CONGRESS 1st Session H. R. 1509 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Moran (for himself, Mr. Connolly , Mr. Wolf , and Mr. McKinley ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To establish a 5-year demonstration program to provide skills to classroom teachers and staff who work with children with autism spectrum disorders.
1. Short title This Act may be cited as the Autism Understanding and Training in School Methodologies for Educators Act of 2013 . 2. Findings The Congress finds as follows: (1) Autism is a group of complex developmental brain disorders collectively referred to as Autism Spectrum Disorders (ASDs) that can cause a wide range of symptoms, skills, and levels of impairment including social, communication and behavior changes. (2) Autism spectrum disorders are also referred to as pervasive developmental disorders and include subcategories of classic autism with ranges from high functioning autism (HFA) to low functioning autism, Asperger syndrome, and pervasive developmental disorder–not otherwise specified (PDD–NOS), as well as more severe cases of Rhett Syndrome and Child Disintegrative Disorder. (3) Autism affects an estimated 1 in 88 children by age 8 and 1 in 54 boys. (4) An estimated 1,500,000 individuals in the United States are affected by autism. (5) More children will be diagnosed with autism this year than with AIDS, diabetes, and cancer combined. (6) Autism is the fastest growing serious developmental disability in the United States. (7) Autism costs the Nation over $35,000,000,000 per year, a figure expected to significantly increase in the next decade. (8) Boys are five times more likely than girls to have autism. (9) There is currently no medical cure for autism, but there are evidence-based educational methods proven to be effective in improving outcomes for students with autism and research demonstrating the benefits of routine and consistency. (10) The least restrictive environment for educating students with autism spectrum disorder, including, but not limited to, students with high functioning autism, Asperger syndrome, and PDD–NOS, often is best achieved by enrollment in a general education classroom with proper support. (11) General education classroom teachers and staff often are not adequately trained to work effectively with students with autism spectrum disorders, who have a wide diversity of characteristics, although such skills may be attained through qualified training programs and may be relatively easy to implement in school settings. (12) Training general education classroom teachers and staff to implement evidence-based practices for educating students with autism spectrum disorders with accuracy and fidelity will help provide for best possible outcomes not only for students with autism, but also for other students in the classroom. (13) Children with autism in highly transient families, such as the military (where the rate of children on the spectrum is even higher) and foreign service families, often face additional challenges in the public education system because of frequent changes in the family’s geographic duty station or a parent’s deployment, which can interrupt the provision of appropriate interventions and continuity of effective educational methods. (14) In school districts that have a large population of transient families or that border military bases it is especially important to have staff who are highly trained to provide effective services and build a proven track record of academic achievement in serving students with autism. 3. Demonstration program authorized (a) Authorization of grant program The Secretary is authorized to carry out a demonstration grant program to award grants to eligible entities to enable such entities to accomplish the purposes described in subsection (b). (b) Purposes A grant provided under this section shall be used for the following purposes within schools providing education to children in grades pre-kindergarten through 12: (1) Providing evidence-based, in-service training to teachers, paraprofessionals, and other staff on effective ways to teach, communicate, recognize, support, and interact with children with autism spectrum disorder in the classroom and related school settings. Training on providing effective support includes but is not limited to academic support, behavioral support, communication support, social emotional support, and facilitating positive peer interactions and social skills. (2) Providing technical assistance consisting of consultation on the type of training needed, hands-on opportunities to practice and perform newly acquired skills and methodologies with fidelity, and post-training support to ensure accuracy of implementation in the classroom. (3) Executing strategies for recruiting and retaining skilled personnel participating in the education of children with autism spectrum disorders. (4) Implementing a program of parental support and involvement in the education of students with autism spectrum disorders. (c) Duration of grants A grant provided under this section shall be— (1) for a period of not more than 5 years, of which not more than the first 2 years shall be used for planning; and (2) subject to annual approval by the Secretary and subject to the availability of appropriations for the fiscal year involved. (d) Limitation on administrative costs An eligible entity may use not more than 20 percent of the funds received under this section for the administrative costs of carrying out its responsibilities under this section. (e) Applications To be eligible to receive a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (f) Report The Secretary shall conduct an evaluation of the demonstration program authorized by this section and, not later than 1 year after the date of the completion of the demonstration program, shall prepare and submit to the President and the Congress a report on such evaluation, together with recommendations for dissemination and replication of the results of the program. (g) Definitions For purposes of this section: (1) The term autism spectrum disorders (ASDs) refers to complex disorders of brain development that can affect individuals with varying degrees from mild to severe, and is characterized by a combination of restricted repetitive and stereotyped behaviors, interests and activities; qualitative impairments in social interactions; and qualitative impairments in verbal and nonverbal communication. (2) The term eligible entity means an eligible local educational agency, or a consortia of such agencies, in partnership with— (A) one or more institutions of higher education; or (B) one or more nonprofit educational entities with documented expertise in working with children with autism. (3) The term eligible local educational agency means a local educational agency that has no less than 10 percent of its special education population identified with autism spectrum disorders, including, but not limited to, high functioning autism, Asperger syndrome, and PDD–NOS, and have documented a growth pattern in the number of these students. (4) The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (5) The term local educational agency has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (6) The term Secretary means the Secretary of Education. | https://www.govinfo.gov/content/pkg/BILLS-113hr1509ih/xml/BILLS-113hr1509ih.xml |
113-hr-1510 | I 113th CONGRESS 1st Session H. R. 1510 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Neugebauer (for himself, Mr. Austin Scott of Georgia , Mr. Goodlatte , and Mr. Williams ) introduced the following bill; which was referred to the Committee on Agriculture A BILL To improve and extend certain nutrition programs.
1. Short title This Act may be cited as the SNAP Improvement Act of 2013 . 2. Restoring program integrity to categorical eligibility for the supplemental nutrition assistance program (a) In general The second sentence of section 5(a) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(a) ) is amended by striking receives benefits under a State program and inserting receives assistance (as defined in section 260.31 of title 45, Code of Federal Regulations, as in effect on January 1, 2013) under a State program . (b) Resources Section 5(j) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(j) ) is amended by striking receives benefits under a State program and inserting receives assistance (as defined in section 260.31 of title 45, Code of Federal Regulations, as in effect on January 1, 2013) under a State program . 3. Eliminating the low-income home energy assistance loophole (a) In general Section 5 of the Food and Nutrition Act of 2008 (7 U.S.C. 2014) is amended— (1) in subsection (d)(11)(A), by striking (other than and all that follows through et seq.)) and inserting (other than payments or allowances made under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or any payments under any other State program funded with qualified State expenditures (as defined in section 409(a)(7)(B)(i) of that Act ( 42 U.S.C. 609(a)(7)(B)(1) ))) ; (2) in subsection (e)(6)(C), by striking clause (iv); and (3) in subsection (k)— (A) in paragraph (2)— (i) by striking subparagraph (C); (ii) by redesignating subparagraphs (D) through (G) as subparagraphs (C) through (F), respectively; and (iii) by striking paragraph (4). (b) Conforming amendments Section 2605(f) of the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8624(f) ) is amended— (1) in paragraph (1), by striking (1) ; and (2) by striking paragraph (2). 4. Eliminating inflation adjustments for countable resources Section 5(g)(1) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014 ) is amended— (1) by striking (1) Total amount .— and all that follows through The Secretary in subparagraph (A) and inserting the following: (1) Total amount The Secretary ; (2) by striking (as adjusted in accordance with subparagraph (B)) both places it appears; and (3) by striking subparagraph (B). 5. Ending supplemental nutrition assistance program benefits for lottery or gambling winners (a) In general Section 6 of the Food and Nutrition Act of 2008 (7 U.S.C. 2015) is amended by adding at the end the following: (r) Ineligibility for benefits due to receipt of substantial lottery or gambling winnings (1) In general Any household in which a member receives substantial lottery or gambling winnings, as determined by the Secretary, shall lose eligibility for benefits immediately upon receipt of the winnings. (2) Duration of ineligibility A household described in paragraph (1) shall remain ineligible for participation until the household meets the allowable financial resources and income eligibility requirements under subsections (c), (d), (e), (f), (g), (i), (k), (l), (m), and (n) of section 5. (3) Agreements As determined by the Secretary, each State agency, to the maximum extent practicable, shall establish agreements with entities responsible for the regulation or sponsorship of gaming in the State to determine whether individuals participating in the supplemental nutrition assistance program have received substantial lottery or gambling winnings. . (b) Conforming amendments Section 5(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(a)) is amended in the second sentence by striking sections 6(b), 6(d)(2), and 6(g) and inserting subsections (b), (d)(2), (g), and (r) of section 6 . 6. Eliminating State bonuses (a) In general Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended by striking subsection (d). (b) Conforming amendments Section 16 of the Food and Nutrition Act of 2008 (7 U.S.C. 2025) is amended— (1) in subsection (c)— (A) in the first sentence of paragraph (4), by striking payment error rate and all that follows through subsection (d) and inserting liability amount or new investment amount under paragraph (1) or payment error rate ; and (B) in the first sentence of paragraph (5), by striking payment error rate and all that follows through subsection (d) and inserting liability amount or new investment amount under paragraph (1) or payment error rate ; and (2) in subsection (i)(1), by striking subsection (d)(1) and inserting subsection (c)(2) . 7. Eliminating duplicative employment and training (a) Funding of employment and training programs Section 16 of Food and Nutrition Act of 2008 ( 7 U.S.C. 2025 ) is amended by striking subsection (h). (b) Administrative cost-Sharing (1) In general Section 16(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2025(a)) is amended in the first sentence, in the matter preceding paragraph (1), by inserting (other than a program carried out under section 6(d)(4)) after supplemental nutrition assistance program . (2) Conforming amendments (A) Section 17(b)(1)(B)(iv)(III)(hh) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)(iv)(III)(hh)) is amended by striking (g), (h)(2), or (h)(3) and inserting or (g) . (B) Section 22(d)(1)(B)(ii) of the Food and Nutrition Act of 2008 (7 U.S.C. 2031(d)(1)(B)(ii)) is amended by striking , (g), (h)(2), and (h)(3) and inserting and (g) . (c) Workfare (1) In general Section 20 of the Food and Nutrition Act of 2008 (7 U.S.C. 2029) is amended by striking subsection (g). (2) Conforming amendment Section 17(b)(1)(B)(iv)(III)(jj) of the Food and Nutrition Act of 2008 (7 U.S.C. 2026(b)(1)(B)(iv)(III)(jj)) is amended by striking or (g)(1) . 8. Eliminating the nutrition education grant program Section 28 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2036a ) is repealed. 9. Terminating an increase in benefits Section 101(a) of division A of the American Recovery and Reinvestment Act of 2009 ( Public Law 111–5 ; 123 Stat. 120; 124 Stat. 2394; 124 Stat. 3265) is amended by striking paragraph (2) and inserting the following: (2) Termination The authority provided by this subsection shall terminate on the date of the enactment of the SNAP Improvement Act of 2013 or after October 31, 2013, whichever occurs first. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1510ih/xml/BILLS-113hr1510ih.xml |
113-hr-1511 | I 113th CONGRESS 1st Session H. R. 1511 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mrs. Noem introduced the following bill; which was referred to the Committee on Agriculture , 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 Healthy Forests Restoration Act of 2003 to promote timely emergency rehabilitation and restoration of Federal forest land impacted by catastrophic events, to redirect for a 5-year period funding normally made available for land acquisition to mechanical forest treatment and salvage operations due to catastrophic events, and for other purposes.
1. Emergency forest rehabilitation and restoration Title VI of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6591 ) is amended by adding at the end the following: 602. Emergency forest rehabilitation and restoration (a) Definition In this section: (1) Catastrophic event (A) In general The term catastrophic event means any natural disaster or any fire, flood, or explosion, regardless of cause, that the Secretary determines has caused or has the potential to cause damage of significant severity and magnitude to Federal land. (B) Natural disaster For purposes of subparagraph (A), a natural disaster, as determined by the Secretary, may include a hurricane, tornado, windstorm, snow or ice storm, rain storm, high water, wind-driven water, tidal wave, earthquake, volcanic eruption, landslide, mudslide, drought, or insect or disease outbreak. (2) Secretary The term Secretary has the meaning given the term in section 101. (b) Mechanical forest treatment (1) In general The Secretary shall implement such procedures as are necessary to ensure that not less than 600,000 acres of Federal land each fiscal year are treated with mechanical treatments intended to produce merchantable wood. (2) Funding The Secretary shall use to carry out paragraph (1)— (A) funds described in subsection (f)(3); and (B) any other funds made available for the purposes described in paragraph (1). (c) Emergency circumstances (1) In general The Secretary shall— (A) declare that emergency circumstances exist for all Federal land subject to the effects of a catastrophic event, including on Federal land outside urban interface areas; and (B) as soon as practicable, take all actions necessary for the rehabilitation or restoration of the Federal land, with highest priority given to Federal land impacted by large-scale beetle infestations. (2) Emergency alternative arrangements In accordance with section 220.4 of title 36, Code of Federal Regulations and section 1506.11 of title 40, Code of Federal Regulations (or successor regulations), for any Federal land for which the Secretary declares the existence of emergency circumstances under paragraph (1), the Secretary may use emergency alternative arrangements to comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (3) Limitation on administrative appeals Notwithstanding any other provision of law, no administrative appeal shall be allowed for any action classified as an emergency alternative arrangement under paragraph (2) or a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) due to emergency circumstances declared under paragraph (1). (d) Catastrophic events (1) In general As soon as practicable during but not later than 30 days after the conclusion of a catastrophic event, the Secretary shall initiate timely salvage activities on the Federal land affected by the catastrophic event so as to prevent significant deterioration of timber values, development of significant fire hazard, or other forest mortality that would prevent the Federal land from regenerating to forest within 5 years. (2) Funding The Secretary shall use to carry out paragraph (1)— (A) funds described in subsection (f)(3); and (B) any other funds made available for the purposes described in paragraph (1). (e) Exclusion of certain federal land This section shall not apply to— (1) a component of the National Wilderness Preservation System; (2) Federal land on which the removal of vegetation is prohibited or restricted by Act of Congress, Presidential proclamation, or the applicable land management plan; or (3) a wilderness study area. (f) Limitation on acquisition (1) In general Notwithstanding any other provision of law, except as provided in paragraph (2), beginning on the date of enactment of this section and during each of the subsequent 5 full fiscal years, none of the funds made available to the Secretary under any law may be used— (A) to survey land for future acquisition as Federal land; or (B) to enter into discussions with non-Federal landowners to identify land for acquisition as Federal land. (2) Exception Paragraph (1) does not apply to the use of funds— (A) to complete land transactions underway on the date of enactment of this section; (B) to exchange Federal land for non-Federal land; or (C) to accept donations of non-Federal land as Federal land. (3) Use of funds The Secretary shall use funds that would otherwise have been used for purchase of non-Federal land by the Forest Service to carry out— (A) mechanical forest treatments described in subsection (b); and (B) salvage activities described in subsection (d). . | https://www.govinfo.gov/content/pkg/BILLS-113hr1511ih/xml/BILLS-113hr1511ih.xml |
113-hr-1512 | I 113th CONGRESS 1st Session H. R. 1512 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Pearce introduced the following bill; which was referred to the Committee on Natural Resources A BILL To prohibit the further extension or establishment of national monuments in New Mexico except by express authorization of Congress.
1. Short title This Act may be cited as the New Mexico Land Sovereignty Act . 2. Limitation on further extension or establishment of national monuments in new mexico This proviso of the last sentence of the first section of the Act of September 14, 1950 (64 Stat. 849, chapter 950; 16 U.S.C. 431a ), is amended by inserting or New Mexico after Wyoming . | https://www.govinfo.gov/content/pkg/BILLS-113hr1512ih/xml/BILLS-113hr1512ih.xml |
113-hr-1513 | I 113th CONGRESS 1st Session H. R. 1513 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Perry (for himself, Mr. Marino , Mr. Barletta , and Mr. Gerlach ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To revise the boundaries of the Gettysburg National Military Park to include the Gettysburg Train Station and certain land along Plum Run in Cumberland Township, to limit the means by which property within such revised boundaries may be acquired, and for other purposes.
1. Gettysburg National Military Park (a) Boundary revision Section 1 of the Act titled An Act to revise the boundary of Gettysburg National Military Park in the Commonwealth of Pennsylvania, and for other purposes , approved August 17, 1990 ( 16 U.S.C. 430g–4 ), is amended by adding at the end the following new subsection: (d) Additional land (1) Covered land; condition In addition to the land identified in subsections (a) and (b), the park shall include the following, as depicted on the maps titled Gettysburg National Military Park Proposed Boundary Addition , numbered 305/80,045, and dated January 2010, if the owner of the property has provided written consent to inclusion: (A) The land and interests in land commonly known as the Gettysburg Train Station and its immediate surroundings in the Borough of Gettysburg. (B) The land and interests in land located along Plum Run in Cumberland Township. (2) Rule of construction Nothing in paragraph (1), the acquisition of property within the area described in such paragraph, or the management plan for such acquired property shall be construed to create buffer zones outside of such property. That an activity or use can be seen or heard from within such acquired property shall not preclude the conduct of that activity or use outside such property. . (b) Limited acquisition authority Section 2(a) of that Act (16 U.S.C. 430g–5(a)) is amended in the first sentence by inserting before the period the following: , except that the Secretary is authorized to acquire property within the area described in section 1(d) by donation only . | https://www.govinfo.gov/content/pkg/BILLS-113hr1513ih/xml/BILLS-113hr1513ih.xml |
113-hr-1514 | I 113th CONGRESS 1st Session H. R. 1514 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Sarbanes introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Elementary and Secondary Education Act of 1965 to authorize competitive grants to prepare and train school principals on effective core competencies and instructional leadership skills.
1. Short title This Act may be cited as the Instructional Leadership Act of 2013 . 2. Findings The Congress finds the following: (1) According to a 2004 study commissioned by the Wallace Foundation entitled How Leadership Influences Student Learning , principals are second only to teachers in impacting increased student academic achievement (Leithwood, Louis, Whalstrom). (2) According to education research conducted by the National Center for Analysis of Longitudinal Data in 2010 entitled Principal Effectiveness and Leadership in an Era of Accountability: What Research Says , a school principal must serve as both an organizational leader and most importantly, is expected to be an instructional leader, meaning the principal must possess the knowledge and instructional skills to guide teaching and learning in a school (Rice). (3) There is a clear intention within the amendments made by the No Child Left Behind Act of 2001 to the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) that principals become instructional leaders. Section 2113(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6613(c) ) calls for principals to have— (A) the instructional leadership skills to help teachers teach and students learn; and (B) to help students meet challenging State student academic achievement standards. (4) Despite this recognition of the importance of instructional leadership, adequate attention and resources have not been committed to training and supporting school principals— (A) in meeting the standards of instructional leadership in States where such standards exist; and (B) in developing such standards in States where such standards do not exist. (5) Licensure of school principals typically does not give adequate emphasis to instructional leadership skills in the certification process. (6) The term highly qualified principal added by the No Child Left Behind Act of 2001 to the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.) should be defined in such Act to include a strong emphasis on instructional leadership. 3. Grants for instructional leadership (a) In general Title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ) is amended by redesignating part I as part J and by inserting after part H the following new part: I Instructional Leadership 1851. Competitive grants (a) Grants To develop innovative programs and sites From the amounts made available under subsection (h), the Secretary shall make grants, on a competitive basis, to eligible entities to develop and implement innovative programs and sites to train school principals in instructional leadership skills, including skills relating to— (1) establishing a vision for continuous school improvement and a shared responsibility for learning; (2) refining and implementing instructional practices aligned to the vision of continuous improvement; (3) providing on-going learning and professional development opportunities for teachers and other staff; (4) monitoring the alignment of curriculum, instruction, and assessment; (5) improving instructional practices through the purposeful observation and evaluation of teachers; (6) ensuring the regular integration of assessments appropriate to the needs of students into daily classroom instruction; (7) using technology and multiple sources of data to improve classroom instruction; (8) providing teachers and other staff with focused, sustained, research-based professional development; and (9) engaging all community stakeholders in a shared responsibility for student and school success. (b) Grants for pilot programs In addition to awarding grants under subsection (a), from the amounts appropriated under subsection (h), the Secretary shall make grants, on a competitive basis, to State educational agencies or partnerships or consortia that include State educational agencies to develop and implement pilot programs designed to evaluate and promote the incorporation of standards of instructional leadership described in paragraphs (1) through (9) of subsection (a) into State principal certification or licensing requirements. (c) Duration A grant made under this section shall be awarded for a period of 2 years, and may be renewed for a period of 2 additional years. (d) Applications (1) Eligible entities An eligible entity desiring to receive a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (2) State educational agencies, partnerships, and consortia A State educational agency, partnership, or consortia desiring to receive a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (e) Report A recipient of a grant under this section shall submit to the Secretary a report describing the results of its activities funded by such grant. Such report shall be submitted at such time, in such manner, and containing such additional information as the Secretary may require. (f) Revised concept of effective principal (1) In general Based on the reports submitted pursuant to subsection (e) , the Secretary shall, by regulation, establish a definition of an effective principal that emphasizes standards of instructional leadership. (2) Considerations In developing such a definition, the Secretary shall give consideration to the need for principals to— (A) lead elementary schools and secondary schools in a way that places student learning, professional development, and assistance for parents in helping their children learn at the center; (B) set high expectations and standards for academic, social, emotional and physical development of all students; (C) demand content and instruction that ensure student achievement of agreed upon standards; (D) create a culture of continuous learning for teachers, other staff, and parents on the subject of student learning and other school goals; (E) manage data and knowledge to inform decisions and measure progress of a student and school performance; and (F) actively engage the community to create shared responsibility for student academic performance and successful development. (g) Eligible entity For purposes of this section, the term eligible entity means— (1) a State educational agency; (2) a local educational agency; (3) a nonprofit organization (such as a State principal association); (4) an institution of higher education; or (5) a partnership or consortium that includes at least one of the entities described in paragraphs (1) through (4). (h) Authorization of appropriations To carry out this section, there are authorized to be appropriated $100,000,000 for fiscal year 2014 and such sums as may be necessary for each of the 5 succeeding fiscal years. . (b) Clerical amendment The table of contents for the Elementary and Secondary Education Act of 1965 is amended by redesignating the item relating to part I of title I as relating to part J and by inserting before such item the following: Part I—Instructional Leadership Sec. 1851. Competitive grants. . 4. Establishing state-of-the-art principal induction programs (a) In general Title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6601 et seq. ) is amended by adding at the end the following: E Establishing State-Of-The-Art Principal Induction Programs 2501. Competitive grants (a) Grants From the amounts made available to carry out this section, the Secretary may make grants, on a competitive basis, to States and eligible local educational agencies for the purpose of developing state-of-the-art principal induction programs. (b) Eligible local educational agency In this section, the term eligible local educational agency means— (1) a high-need local educational agency (as such term is defined in section 2102(3)); or (2) a partnership consisting of a high-need local educational agency and— (A) an institution of higher education; (B) a professional organization that works with and for principals; or (C) any other nonprofit education organization. (c) Use of funds A State or an eligible local educational agency that receives a grant under subsection (a) shall use the funds made available through the grant to develop a state-of-the-art principal induction program that— (1) provides new principals a minimum of 3 years of extensive, high-quality, comprehensive induction into the field of school administration; and (2) includes— (A) structured mentoring from highly qualified master or mentor principals who are certified, have school administration experience in a school similar to the school of the new principal, and are trained to mentor new principals; (B) at least 90 minutes each week for a new principal to carry out administrative and leadership tasks under the director of a master or mentor principal; (C) regular observation by a master or mentor principal of the new principal in the new principal’s school; (D) observation by the new principal of the master or mentor principal’s classroom; (E) observation by new principals of at least 3 principals and feedback (that uses research-validated benchmarks of leadership skills and standards that are developed with input from principals) at least 4 times each school year by multiple evaluators, including master and mentor principals; (F) paid release time for the master or mentor principal for mentoring, or salary supplements for mentoring new principals at a ratio of one full-time mentor to every 12 new principals; (G) a transition year for new principals to the school that includes a reduced workload for such principals; and (H) a standards-based assessment, which may include examination of practice and a measure of gains in student learning, of every new principal to determine whether the principal should move forward in the school administration profession. . (b) Clerical amendment The table of contents for the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 2441 the following: Part E—Establishing State-of-the-Art Principal Induction Programs Sec. 2501. Competitive grants. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1514ih/xml/BILLS-113hr1514ih.xml |
113-hr-1515 | I 113th CONGRESS 1st Session H. R. 1515 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Sires (for himself and Mr. Diaz-Balart ) introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Foreign Assistance Act of 1961 to codify the cooperative agreement, known as the Health Technologies program, under which the United States Agency for International Development supports the development of technologies for global health, and for other purposes.
1. Short title This Act may be cited as the 21st Century Global Health Technology Act . 2. Findings Congress makes the following findings: (1) Research and development is a critical component of United States leadership in global health. Research and innovation can help to break the cycle of aid dependency by providing sustainable solutions to long-term problems. Research and development for global health is crucial for meeting new and emerging challenges, creating efficiencies, strengthening health systems, shifting tasks and strengthening workforces, and increasing access to health services for the most vulnerable. Research suggests that advances in health and medical technologies have been the major drivers behind massive improvements in health worldwide over the past century, resulting in an average increase in life expectancies of 21 years in low- and middle-income countries between 1960 and 2002. Additionally, new health technologies have a high return on investment. For example, it is estimated that a new meningitis A vaccine developed in collaboration with the United States Agency for International Development (USAID), the Centers for Disease Control and Prevention (CDC), the National Institutes of Health (NIH), and the Food and Drug Administration (FDA), will save $570,000,000 over the next decade in costs that would otherwise be incurred for emergency vaccination campaigns, freeing much needed resources for use elsewhere in overstretched health systems. (2) Five Federal agencies—NIH, USAID, the Department of Defense, CDC, and FDA—provide significant contributions each year to global health research and development. The United States Government is supporting the development of 200—55 percent—of the 365 products in the global pipeline of products for neglected and poverty-related diseases. (3) This commitment from the United States Government and its Federal agencies has led to a remarkable increase in global health products. Forty-five new health tools were registered between 2000 and 2010, and the United States Government was involved in 24, or 53 percent, of these new global health products in the last decade including 6 drugs for malaria, 2 vaccines for pneumonia, 6 diagnostics for tuberculosis, and 2 drugs for leishmaniasis. (4) United States investments have enabled tremendous progress in the introduction of new technologies for global health; however, gaps exist in bringing certain technologies through the development process and rapidly scaling them up in the field. Better coordination is needed between Federal agencies to align research strategies, identify and address gaps in product development activity and move products efficiently along the research-to-introduction continuum. (5) Infectious diseases disproportionately impact populations in low-income nations across Latin America, sub-Saharan Africa, and Asia. However, even in the United States, poor and vulnerable communities are at much greater risk for contracting diseases usually considered to be diseases of the developing world. For example, cases of Chagas disease, which is found throughout Latin America, and dengue fever, endemic to Mexico and Central America, have been detected in southern States along the United States border with Mexico, in communities where poverty rates are high. (6) In collaboration with the World Health Organization (WHO) and its member states, the United States is a leading participant in discussions to improve coordination and financing of global health research and development. This process will establish mechanisms to map research needs, identify resource gaps, and set priorities to ensure that the most crucial global health products are developed and delivered for maximum global health impact. (7) Because of its presence in the field, USAID is uniquely placed to assess local health conditions, then partner with public and private stakeholders to ensure the development and timely introduction and scale-up of tools that are culturally acceptable, address serious and all-too-common health problems, and contribute to the strengthening of health systems. In a recent report to Congress, USAID calls health research integral to its ability to achieve its health and development objectives worldwide and states that innovation through research allows the agency to develop and introduce affordable health products and practices and contribute to policies appropriate for addressing health-related concerns in the developing world . The elevation of the Office of Science and Technology would assist USAID in achieving its global health and development goals. In 2011, USAID outlined a 5-year health research strategy: Report to Congress: Health-Related Research and Development Activities at USAID (HRRD), May 2011 , with a timeline through 2010. This strategy is an important source of information on USAID’s programs for global health product development and is an effective tool for measuring expected results from 2011 through 2015. The strategy does not articulate USAID’s investments and programming for research and development in several critical areas such as— (A) new tools to diagnose, prevent and treat neglected tropical diseases; (B) biomedical products, technologies and devices for conditions and diseases impacting maternal health, newborns, and children, including research for vaccines for the leading causes of death in children; and (C) new tuberculosis vaccines. (8) Congress notes the interrelated initiatives that USAID has taken to advance science, technology, and innovation for development, including the Grand Development Challenges, the Innovation Fund, Higher Education Science Network, the Development Lab, and the Innovation Fellowship. (9) Research and development at USAID— (A) facilitates public-private collaboration in the development of global health technologies; (B) leverages public and private sector support for early stage research and development of health technologies to encourage private sector investment in late-stage technology development and product introduction in developing countries; (C) benefits the United States economy by investing in the growing United States global health technology sector, which— (i) provides skilled jobs for American workers for example, 64 cents of every United States dollar invested in global health research benefits United States-based researchers; (ii) creates opportunities for United States businesses in the development and production of new technologies; and (iii) enhances United States competitiveness in the increasingly technological and knowledge-based global economy; and (D) enhances United States national security by— (i) reducing the risk of pandemic disease; and (ii) contributing to economic development and stability in developing countries. (10) Investments by the United States in affordable, appropriate health technologies, such as medical devices for maternal, newborn, and child care; new vaccines; new vaccine technologies and delivery tools; safe injection devices; diagnostic tests for infectious diseases; new tools for water, sanitation, and nutrition; multipurpose prevention technologies; information systems and mobile health and information systems; and innovative disease prevention strategies— (A) reduce the risk of disease transmission; (B) accelerate access to life-saving global health interventions for the world’s poor; (C) reduce the burden on local health systems; and (D) have been found by the United States Government and WHO to result in significant cost savings for development assistance funds. (11) Where markets fail, public-private partnerships are an effective way to develop, introduce and scale up new health technologies. Product development partnerships (PDPs) are one model of public private partnership that is successfully accelerating research to benefit the developing world. PDPs are non-profit, nongovernmental entities that work to accelerate the development of new tools to fight diseases in resource-poor settings. Typically, PDPs manage resources and partnerships from across public, private, and philanthropic sectors to drive the development of a full pipeline of potential new products that could save and improve lives in the developing world. USAID has played a significant role in advancing the PDP model through its financial support. Over the past decade, the achievements of PDPs have become increasingly successful at advancing new products through the development pipeline towards registration, product introduction, and use. (12) USAID supports research and introduction activities along a research-to-use continuum including— (A) evidence reviews and health assessments in developing countries; and (B) the development, testing, adaptation, and introduction of appropriate products and interventions within the context of strengthening health systems. (13) A Center for Accelerating Innovation and Impact has been established at USAID to address technical, supply and policy barriers in the development, introduction and scale-up of new products and technologies for global health. For diseases and conditions where market forces have proven insufficient to generate and rapidly deliver new technologies, the Center promotes and reinforces solutions to overcome obstacles such as regulatory inefficiencies in developing countries, limited user demand, gaps in market data and supply chain hurdles. The Center also catalyzes partnerships with the public and private sectors to develop and rapidly deploy new products. (14) Through a cooperative agreement, known as the Health Technologies program, USAID supports the development of technologies that— (A) maximize the limited resources available for global health; and (B) ensure that products and medicines developed for use in low-resource settings reach the people that need such products and medicines. Through the Health Technologies program, 85 technologies have been invented, designed, developed or co-developed and more than 100 private-sector collaborators have been involved in the Health Technologies program, matching USAID dollars at least two to one. Over its 25-year history, more than 95 private-sector collaborators have been involved in the Health Technologies program, matching USAID dollars two to one. (15) USAID’s research and development is complementary to the work of other agencies. 3. Purposes The purpose of this Act is to acknowledge USAID’s role in product development, introduction and scale-up of new global health tools and authorize USAID’s Health Technologies program, in effect as of the date of the enactment of this Act, under which the United States Agency for International Development supports the development of technologies for global health to— (1) improve global health; (2) reduce maternal, newborn, and child mortality rates; (3) reverse the incidence of HIV/AIDS, malaria, tuberculosis, and other infectious diseases; (4) reduce the burden of chronic diseases; (5) overcome technical, supply and policy hurdles to product introduction and scale-up; and (6) support research and development that is consistent with a global development strategy and other related strategies developed by USAID. 4. Codification of Health Technologies program Section 107 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151e ) is amended by adding at the end the following: (c) Health technologies program (1) There is established in the United States Agency for International Development (USAID) a health technologies program (referred to in this subsection as the program ). (2) The program shall develop, advance, and introduce affordable, available, and appropriate and primarily late-stage technologies specifically designed to— (A) improve the health and nutrition of populations in developing countries; (B) reduce maternal, newborn, and child mortality in such countries; and (C) improve the diagnosis, prevention, and reduction of disease, especially HIV/AIDS, malaria, tuberculosis, and other infectious diseases, in such countries. (3) The program shall be carried out under a cooperative agreement between USAID and one or more institutions with a successful record of— (A) advancing the technologies described in paragraph (2); and (B) integrating practical field experience into the research and development process in order to introduce the most appropriate technologies. (4) The provisions of this subsection codify the cooperative agreement, known as the Health Technologies program, in effect as of the date of the enactment of this subsection, under which USAID supports the development of technologies for global health. The provisions of this subsection do not establish a new cooperative agreement or program for such purposes. (d) Action plans The Administrator of the United States Agency for International Development (USAID) shall establish and implement action plans to incorporate global health research and product development within each of the global health and development programs, with support from coordinating agencies, and shall establish metrics to measure progress. In implementing the action plans, the Administrator shall consider all options, including the use of public private partnerships. (e) Priority global health interventions The Center for Accelerating Innovation and Impact of the United States Agency for International Development shall continue its work to speed the development, introduction, and scale-up of priority global health interventions. . 5. Report on research and development activities at USAID (a) In general The Administrator of the United States Agency for International Development (referred to in this section as USAID ) shall submit to Congress an annual report on research and development activities at USAID. (b) Matters To be included The report required by subsection (b) shall describe— (1) updates on the implementation of its strategy for using research funds to stimulate the development and introduction of products in each of its global health and development programs; (2) USAID’s collaborations and coordination with other Federal departments and agencies in support of translational and applied global health research and development; (3) its investments for the fiscal year in science, technology, and innovation; (4) how these technologies and research products complement the work being done by other Federal departments and agencies, if applicable; and (5) technologies and research products that have been introduced into field trials or use. (c) Consultation The Administrator of USAID shall consult on an annual basis with the heads of other Federal departments and agencies to improve alignment of USAID’s health-related research strategy with other similar agency strategies, with the intent of working towards a whole-of-government strategy for global health research and development. | https://www.govinfo.gov/content/pkg/BILLS-113hr1515ih/xml/BILLS-113hr1515ih.xml |
113-hr-1516 | I 113th CONGRESS 1st Session H. R. 1516 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Thompson of Mississippi (for himself, Mr. Cummings , Mr. Duncan of Tennessee , Ms. Bordallo , Ms. Brown of Florida , Ms. Clarke , Mr. Pierluisi , Mr. Michaud , Ms. McCollum , Ms. Hahn , Mr. Sablan , Mr. Kingston , and Mr. Ellison ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To amend title 14, United States Code, to modify the process for congressional nomination of individuals for appointment as cadets at the Coast Guard Academy, and for other purposes.
1. Short title This Act may be cited as the Coast Guard Academy Opportunity Act . 2. Academy nominations (a) Appointment Subsection (a) of section 182 of title 14, United States Code, is amended to read as follows: (a) Nominations (1) Congressional nominations (A) Appointment requirement Half of each incoming class of the Academy shall be composed of cadets nominated by the following: (i) The Vice President or, if there is no Vice President, by the President pro tempore of the Senate. (ii) A Senator. (iii) A Member of the House of Representatives. (iv) The Delegate to Congress from the District of Columbia, the Delegate to Congress from the Virgin Islands, the Resident Commissioner from Puerto Rico, the Delegate to Congress from Guam, the Delegate to Congress from American Samoa, or the Delegate to Congress from the Commonwealth of the Northern Mariana Islands. (B) Nominees Each Senator, Member of the House of Representatives, and Delegate to Congress, including such Resident Commissioner, is entitled to nominate 3 persons each year. Cadets who do not graduate on time shall not count against the allocations pursuant to clauses (i) through (iv) of subparagraph (A). (2) Qualification requirements An individual shall be qualified for nomination, selection, and appointment as a cadet at the Academy only if the individual— (A) is a citizen or national of the United States; and (B) meets such minimum requirements that the Secretary may establish. (3) Nomination information The Superintendent shall furnish to any Member of Congress, upon the written request of such Member, the name of the Member of Congress or other nominating authority responsible for the nomination of any named or identified person for appointment to the Academy. . (b) Application The amendment made by subsection (a)— (1) shall apply beginning with academic program year 2015, subject to subsection (c), and with respect to each academic program year thereafter; and (2) shall not affect the application of section 182 of title 14, United States Code, as in effect before the enactment of this section, with respect to appointment of cadets who will matriculate to the Coast Guard Academy before such academic program year. (c) Transition (1) Nominations Notwithstanding the amendment made by subsection (a), with respect to the nomination of individuals pursuant to section 182 of title 14, United States Code, as amended by such subsection, who will matriculate to the Coast Guard Academy in academic program year 2015, not less than 25 percent of the class shall be from nominations made pursuant to clauses (i) through (iv) of subsection (a)(1)(A) of such section 182 (as amended by subsection (a) of this section). (2) Additional action The Secretary (as that term is used in that section) may take any additional action the Secretary believes necessary and proper to provide for the transition to the nomination, selection, and appointment process provided under this section. | https://www.govinfo.gov/content/pkg/BILLS-113hr1516ih/xml/BILLS-113hr1516ih.xml |
113-hr-1517 | I 113th CONGRESS 1st Session H. R. 1517 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Walberg introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend titles II and XVIII of the Social Security Act to establish a Social Security Surplus Protection Account in the Federal Old-Age and Survivors Insurance Trust Fund to hold the Social Security surplus and a Medicare Surplus Protection Account in the Federal Hospital Insurance Trust Fund to hold the Medicare surplus, to provide for suspension of investment of amounts held in such Accounts until enactment of legislation providing for investment of the Trust Funds in investment vehicles other than obligations of the United States, and to establish a Social Security and Medicare Part A Investment Commission to make recommendations for alternative forms of investment of the Social Security and Medicare surpluses.
1. Short title; findings (a) Short title This Act may be cited as the Social Security and Medicare Lock-Box Act . (b) Findings regarding social security and Medicare part A The Congress finds the following: (1) (A) Long term projections show serious problems facing the fiscal health of the trust funds associated with Social Security and Medicare Hospital Insurance. (B) According to the 2012 Annual Report of the Board of Trustees of the Federal Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds, the assets of the combined Federal Old Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund will be exhausted by 2033, and the Disability Insurance Trust Fund alone will be depleted by 2016. (C) According to the 2012 Annual Report of the Board of Trustees of the Federal Hospital Insurance and Federal Supplementary Medical Insurance Trust Funds, the assets of the Federal Hospital Insurance Trust Fund will be exhausted by 2024. (2) (A) The Trustees of these trust funds strongly encourage action to protect the solvency of the trust funds. (B) In their message to the public, included in the 2012 Annual Reports, the Social Security and Medicare Boards of Trustees wrote, Lawmakers should not delay addressing the long-run financial challenges facing Social Security and Medicare. If they take action sooner rather than later, more options and more time will be available to phase in changes so that the public has adequate time to prepare. . (3) Social Security and Medicare are meant to provide a secure and stable base so that older Americans can live in dignity. (4) Protecting the future surpluses of these trust funds can only occur when meaningful reform has been enacted by Congress. Any path to solvency must include the protection of future surpluses. 2. Interim protections for Social Security trust fund surplus Section 201(d) of the Social Security Act ( 42 U.S.C. 402(d) ) is amended— (1) by striking It shall be the duty and inserting (1) Except as provided in paragraph (2), it shall be the duty ; and (2) by striking (1) on original issue at the issue price, or (2) and inserting (A) on original issue at the issue price, or (B) ; and (3) by adding at the end the following new paragraph: (2) (A) There is established in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account. As soon as practicable after each fiscal year after fiscal year 2013, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the social security surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. (B) For purposes of subparagraph (A), the term social security surplus means, for any fiscal year, the excess, if any, of— (i) the sum of— (I) the taxes imposed for such fiscal year by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, less the amounts specified in clause (1) of subsection (b) of this section for such fiscal year, (II) the taxes imposed by chapter 2 (other than section 1401(b)) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such chapter (other than section 1401(b)) to such self-employment income, less the amounts specified in clause (2) of subsection (b) of this section for such fiscal year, and (III) the amount equivalent to the aggregate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the application of sections 86 and 871(a)(3) of such Code to payments from the Trust Fund, over (ii) the sum of— (I) benefits paid from the Trust Fund during the fiscal year, and (II) amounts authorized to be made available from the Trust Fund under subsection (g) of this section which are paid from the Trust Fund during such fiscal year. (C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. (D) (i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2013, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. (ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: This Act shall be considered to be a provision of Federal law meeting the requirements of section 201(d)(2)(D)(i) of the Social Security Act. . . 3. Interim protections for Medicare part A trust fund surplus (a) In general Section 1817(c) of the Social Security Act (42 U.S.C. 1395i(c)) is amended— (1) by striking It shall be the duty and inserting (1) Except as provided in paragraph (2), it shall be the duty ; (2) by striking (1) on original issue at the issue price, or (2) and inserting (A) on original issue at the issue price, or (B) ; and (3) by adding at the end the following new paragraph: (2) (A) There is established in the Federal Hospital Insurance Trust Fund a Medicare Surplus Protection Account (in this paragraph referred to as the Account ). As soon as practicable after each fiscal year after fiscal year 2013, the Managing Trustee shall transfer to the Account, from amounts otherwise available in the Trust Fund, amounts equivalent to the Medicare part A surplus for such fiscal year. Such amounts shall be transferred from time to time to the Account, such amounts to be determined on the basis of estimates by the Managing Trustee, and proper adjustments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the correct amount. (B) For purposes of subparagraph (A), the term Medicare part A surplus means, for any fiscal year, the excess, if any, of— (i) the sum of— (I) the taxes imposed for such fiscal year by sections 3101(b) and 3111(b) of the Internal Revenue Code of 1986 with respect to wages (as defined in section 3121 of such Code) reported to the Secretary of the Treasury or his delegates pursuant to subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rates of tax under such sections to such wages; and (II) the taxes imposed by section 1401(b) of the Internal Revenue Code of 1986 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Secretary of the Treasury on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such section 1401(b) to such self-employment income; over (ii) the sum of— (I) benefits paid from the Trust Fund during the fiscal year; and (II) amounts authorized to be made available from the Trust Fund under subsection (f) of this section (or section 201(g)) which are paid from the Trust Fund during such fiscal year. (C) Notwithstanding paragraph (1), the balance in the Account shall not be available for investment by the Managing Trustee. (D) (i) The preceding provisions of this paragraph shall not apply with respect to fiscal years commencing with or after the first fiscal year, after fiscal year 2013, for which a provision of Federal law takes effect and authorizes, for amounts in the Trust Fund, an investment vehicle other than obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. (ii) A provision of Federal law shall be deemed to meet the requirements of clause (i) if such provision includes the following: This Act shall be considered to be a provision of Federal law meeting the requirements of section 1817(c)(2)(D)(i) of the Social Security Act. . . 4. Social Security and Medicare Part A Investment Commission (a) Establishment There is established in the executive branch of the Government a Social Security and Medicare Part A Investment Commission (in this section referred to as the Commission ). (b) Study and report As soon as practicable after the date of the enactment of this Act, the Commission shall conduct a study to ascertain the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Hospital Insurance Trust Fund, other than investment in the form of obligations of the United States resulting in the transfer of Trust Fund assets to the general fund of the Treasury. Not later than October 1, 2014, the Commission shall submit a report to the President and to each House of the Congress setting forth its recommendations for such vehicles for investment, together with proposals for such administrative and legislative changes as the Commission determines necessary to authorize and implement such recommendations. (c) Composition The Commission shall be composed of— (1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; (2) 2 members appointed by the Speaker of the House of Representatives; (3) 1 member appointed by the minority leader of the House of Representatives; (4) 2 members appointed by the majority leader of the Senate; and (5) 1 member appointed by the minority leader of the Senate. (d) Membership requirements Members of the Commission shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans. (e) Length of appointments Members of the Commission shall serve for the life of the Commission. A vacancy on the Commission shall be filled in the manner in which the original appointment was made and shall be subject to any conditions that applied with respect to the original appointment. (f) Administrative provisions (1) Meetings The Commission shall meet— (A) not less than once during each month; and (B) at additional times at the call of the Chairman. (2) Exercise of powers (A) In general The Commission shall perform the functions and exercise the powers of the Commission on a majority vote of a quorum of the Commission. Three members of the Commission shall constitute a quorum for the transaction of business. (B) Vacancies A vacancy on the Commission shall not impair the authority of a quorum of the Commission to perform the functions and exercise the powers of the Commission. (g) Compensation (1) In general Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Commission. (2) Expenses A member of the Commission shall be paid travel, per diem, and other necessary expenses under subchapter I of chapter 57 of title 5, United States Code, while traveling away from such member’s home or regular place of business in the performance of the duties of the Commission. (h) Termination The Commission shall terminate 90 days after the date of the submission of its report pursuant to subsection (b). | https://www.govinfo.gov/content/pkg/BILLS-113hr1517ih/xml/BILLS-113hr1517ih.xml |
113-hr-1518 | I 113th CONGRESS 1st Session H. R. 1518 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. Whitfield (for himself, Mr. LoBiondo , Ms. Schakowsky , Mr. Cohen , Mr. Pitts , and Mr. Moran ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend the Horse Protection Act to designate additional unlawful acts under the Act, strengthen penalties for violations of the Act, improve Department of Agriculture enforcement of the Act, and for other purposes.
1. Short title This Act may be cited as the Prevent All Soring Tactics Act of 2013 or the PAST Act . 2. Increased enforcement under Horse Protection Act (a) Definitions Section 2 of the Horse Protection Act ( 15 U.S.C. 1821 ) is amended— (1) by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively; (2) by inserting before paragraph (2) (as so redesignated) the following new paragraph: (1) (A) The term action device means any boot, collar, chain, roller, or other device that encircles or is placed upon the lower extremity of the leg of a horse in such a manner that it can— (i) rotate around the leg or slide up and down the leg, so as to cause friction; or (ii) strike the hoof, coronet band, fetlock joint, or pastern of the horse. (B) Such term does not include soft rubber or soft leather bell boots or quarter boots that are used as protective devices. ; and (3) by adding at the end the following new paragraph: (6) (A) The term participate means engaging in any activity with respect to a horse show, horse exhibition, or horse sale or auction, including— (i) transporting or arranging for the transportation of a horse to or from a horse show, horse exhibition, or horse sale or auction; (ii) personally giving instructions to an exhibitor; or (iii) being knowingly present in a warm-up area, inspection area, or other area at a horse show, horse exhibition, or horse sale or auction that spectators are not permitted to enter. (B) Such term does not include spectating. . (b) Findings Section 3 of the Horse Protection Act ( 15 U.S.C. 1822 ) is amended— (1) in paragraph (3)— (A) by inserting and soring horses for such purposes after horses in intrastate commerce, ; and (B) by inserting in many ways, including by creating unfair competition, by deceiving the spectating public and horse buyers, and by negatively impacting horse sales before the semicolon; (2) in paragraph (4), by striking and at the end; (3) in paragraph (5), by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following new paragraphs: (6) the Inspector General of the Department of Agriculture has determined that the program through which the Secretary inspects horses is inadequate for preventing soring; (7) historically, Tennessee Walking Horses, Racking Horses, and Spotted Saddle Horses have been subjected to soring; and (8) despite regulations in effect related to inspection for purposes of ensuring that horses are not sore, violations of this Act continue to be prevalent in the Tennessee Walking Horse, Racking Horse, and Spotted Saddle Horse breeds. . (c) Horse shows and exhibitions Section 4 of the Horse Protection Act (15 U.S.C. 1823) is amended— (1) in subsection (a)— (A) by striking appointed and inserting licensed ; and (B) by adding at the end the following new sentences: In the first instance in which the Secretary determines that a horse is sore, the Secretary shall disqualify the horse from being shown or exhibited for a period of not less than 180 days. In the second instance in which the Secretary determines that such horse is sore, the Secretary shall disqualify the horse for a period of not less than one year. In the third instance in which the Secretary determines that such horse is sore, the Secretary shall disqualify the horse for a period of not less than three years. ; (2) in subsection (b) by striking appointed and inserting licensed ; (3) by striking subsection (c) and inserting the following new subsection: (c) (1) (A) The Secretary shall prescribe by regulation requirements for the Department of Agriculture to license, train, assign, and oversee persons qualified to detect and diagnose a horse which is sore or to otherwise inspect horses at horse shows, horse exhibitions, or horse sales or auctions, for hire by the management of such events, for the purposes of enforcing this Act. (B) No person shall be issued a license under this subsection unless such person is free from conflicts of interest, as defined by the Secretary in the regulations issued under subparagraph (A). (C) If the Secretary determines that the performance of a person licensed in accordance with subparagraph (A) is unsatisfactory, the Secretary may, after notice and an opportunity for a hearing, revoke the license issued to such person. (D) In issuing licenses under this subsection, the Secretary shall give a preference to persons who are licensed or accredited veterinarians. (E) Licensure of a person in accordance with the requirements prescribed under this subsection shall not be construed as authorizing such person to conduct inspections in a manner other than that prescribed for inspections by the Secretary (or the Secretary’s representative) under subsection (e). (2) (A) Not later than 30 days before the date on which a horse show, horse exhibition, or horse sale or auction begins, the management of such show, exhibition, or sale or auction may notify the Secretary of the intent of the management to hire a person or persons licensed under this subsection and assigned by the Secretary to conduct inspections at such show, exhibition, or sale or auction. (B) After such notification, the Secretary shall assign a person or persons licensed under this subsection to conduct inspections at the horse show, horse exhibition, or horse sale or auction. (3) A person licensed by the Secretary to conduct inspections under this subsection shall issue a citation with respect to any violation of this Act recorded during an inspection and notify the Secretary of each such violation not later than five days after the date on which a citation was issued with respect to such violation. ; and (4) by adding at the end the following new subsection: (f) The Secretary shall publish on the public website of the Animal and Plant Health Inspection Service of the Department of Agriculture, and update as frequently as the Secretary determines is necessary, information on violations of this Act for the purposes of allowing the management of a horse show, horse exhibition, or horse sale or auction to determine if an individual is in violation of this Act. . (d) Unlawful acts Section 5 of the Horse Protection Act ( 15 U.S.C. 1824 ) is amended— (1) in paragraph (2)— (A) by striking or (C) respecting and inserting (C), or (D) respecting ; and (B) by striking and (D) and inserting (D) causing a horse to become sore or directing another person to cause a horse to become sore for the purpose of showing, exhibiting, selling, auctioning, or offering for sale the horse in any horse show, horse exhibition, or horse sale or auction, and (E) ; (2) in paragraph (3), by striking appoint and inserting hire ; (3) in paragraph (4)— (A) by striking appoint and inserting hire ; and (B) by striking qualified ; (4) in paragraph (5), by striking appointed and inserting hired ; (5) in paragraph (6)— (A) by striking appointed and inserting hired ; and (B) by inserting that the horse is sore after the Secretary ; and (6) by adding at the end the following new paragraphs: (12) The use of an action device on any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse at a horse show, horse exhibition, or horse sale or auction. (13) The use of a weighted shoe, pad, wedge, hoof band, or other device or material at a horse show, horse exhibition, or horse sale or auction that— (A) is placed on, inserted in, or attached to any limb of a Tennessee Walking Horse, a Racking Horse, or a Spotted Saddle Horse; (B) is constructed to artificially alter the gait of such a horse; and (C) is not strictly protective or therapeutic in nature. . (e) Violations and penalties Section 6 of the Horse Protection Act ( 15 U.S.C. 1825 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) by striking Except as provided in paragraph (2) of this subsection, any person who knowingly violates section 5 and inserting Any person who knowingly violates section 5 or the regulations issued under such section, including any violation recorded during an inspection conducted in accordance with section 4(c) or 4(e) ; and (ii) by striking more than $3,000, or imprisoned for not more than one year, or both. and inserting more than $5,000, or imprisoned for not more than three years, or both, for each such violation. ; (B) in paragraph (2)— (i) by striking subparagraph (A); (ii) by striking (2) ; and (iii) by redesignating subparagraphs (B) and (C) as paragraphs (2) and (3), respectively, and moving the margins of such paragraphs (as so redesignated) two ems to the left; and (C) by adding at the end the following new paragraph: (4) Any person who knowingly fails to obey an order of disqualification shall, upon conviction thereof, be fined not more than $5,000 for each failure to obey such an order, imprisoned for not more than three years, or both. ; (2) in subsection (b)— (A) in paragraph (1)— (i) by striking section 5 of this Act and inserting section 5 or the regulations issued under such section ; and (ii) by striking $2,000 and inserting $4,000 ; and (B) by adding at the end the following new paragraph: (5) Any person who fails to pay a licensed inspector hired under section 4(c) shall, upon conviction thereof, be fined not more than $4,000 for each such violation. ; and (3) in subsection (c)— (A) in the first sentence— (i) by inserting , or otherwise participating in any horse show, horse exhibition, or horse sale or auction before for a period of not less than one year ; and (ii) by striking any subsequent and inserting the second ; (B) by inserting before Any person who knowingly fails the following: For the third or any subsequent violation, a person may be permanently disqualified by order of the Secretary, after notice and an opportunity for a hearing before the Secretary, from showing or exhibiting any horse, judging or managing any horse show, horse exhibition, or horse sale or auction, or otherwise participating in, including financing the participation of other individuals in, any horse show, horse exhibition, or horse sale or auction (regardless of whether walking horses are shown, exhibited, sold, auctioned, or offered for sale at the horse show, horse exhibition, or horse sale or auction). ; and (C) by striking $3,000 each place it appears and inserting $5,000 . (f) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of Agriculture shall issue regulations to carry out the amendments made by this section, including regulations prescribing the requirements under subsection (c) of section 4 of the Horse Protection Act ( 15 U.S.C. 1823 ), as amended by subsection (c)(3). (g) Severability If any provision of this Act or any amendment made by this Act, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provisions to any person or circumstance, shall not be affected by the holding. | https://www.govinfo.gov/content/pkg/BILLS-113hr1518ih/xml/BILLS-113hr1518ih.xml |
113-hr-1519 | V 113th CONGRESS 1st Session H. R. 1519 IN THE HOUSE OF REPRESENTATIVES April 11, 2013 Mr. King of New York introduced the following bill; which was referred to the Committee on the Judiciary A BILL For the relief of Alemseghed Mussie Tesfamical.
1. Permanent resident status for Alemseghed Mussie Tesfamical (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Alemseghed Mussie Tesfamical shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Alemseghed Mussie Tesfamical enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Alemseghed Mussie Tesfamical, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Alemseghed Mussie Tesfamical shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1519ih/xml/BILLS-113hr1519ih.xml |
113-hr-1520 | I 113th CONGRESS 1st Session H. R. 1520 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Lynch (for himself, Mr. Thompson of Pennsylvania , Mr. Higgins , Mr. Danny K. Davis of Illinois , and Mr. Quigley ) introduced the following bill; which was referred to the Committee on Armed Services A BILL To require the Secretary of Defense to allow civilian employees of the Department of Defense to delay furloughs until returning from a deployment in support of accounting and recovery efforts by the Joint POW/MIA Accounting Command.
1. Short title This Act may be cited as the POW/MIA Accounting and Recovery Support Act of 2013 . 2. Exception to civilian furlough requirements for Department of Defense employees deployed in support of Joint POW/MIA Accounting Command accounting and recovery efforts The Secretary of Defense shall require that, with respect to a civilian employee of the Department of Defense who is required to take a furlough that would otherwise occur during the deployment of that employee in support of accounting and recovery efforts by the Joint POW/MIA Accounting Command, the employee may take the furlough after returning from the deployment. | https://www.govinfo.gov/content/pkg/BILLS-113hr1520ih/xml/BILLS-113hr1520ih.xml |
113-hr-1521 | I 113th CONGRESS 1st Session H. R. 1521 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Sean Patrick Maloney of New York introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To provide for a five-year extension of the authority of the Secretary of Veterans Affairs to provide for the conduct of medical disability examinations by contract physicians.
1. Short title This Act may be cited as the Disabled Veterans Red Tape Reduction Act . 2. Five-year extension of authority of the Secretary of Veterans Affairs to provide for the conduct of medical disability examinations by contract physicians Section 704(c) of the Veterans Benefits Act of 2003 ( Public Law 108–183 ; 38 U.S.C. 5101 note) is amended by striking December 31, 2013 and inserting December 31, 2018 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1521ih/xml/BILLS-113hr1521ih.xml |
113-hr-1522 | I 113th CONGRESS 1st Session H. R. 1522 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. McKinley (for himself, Mr. Rush , Mr. Ryan of Ohio , Mr. Doyle , Mr. Johnson of Ohio , Mr. Barletta , and Mr. Gibbs ) 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 incentives for the expansion of manufacturing in the United States.
1. Short title This Act may be cited as the Manufacturing Economic Recovery Act of 2013 . 2. Credit for acquisition of manufacturing property (a) In general Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to Rules for computing credit for investment in certain depreciable property) is amended by inserting after section 48D the following new section: 48E. Acquisition of manufacturing property (a) In general For purposes of section 46, the manufacturing recovery credit for any taxable year is an amount equal to— (1) the applicable percentage of the taxpayer’s basis in manufacturing real property placed in service by the taxpayer during the taxable year, and (2) the applicable percentage of the taxpayer’s basis in manufacturing tangible personal property placed in service by the taxpayer during the taxable year. (b) Applicable percentages For purposes of this section— (1) Real property In the case of manufacturing real property, the applicable percentage is— (A) 10 percent in the case of property located on existing manufacturing property, (B) 15 percent in the case property of located on former manufacturing property, and (C) 20 percent in the case of property located on future manufacturing property. (2) Tangible personal property In the case of manufacturing tangible personal property, the applicable percentage shall be determined in accordance with the following table: If the aggregate manufacturing tangible personal property placed in service during the taxable year is: To the extent located on existing manufacturing property, the applicable percentage is: To the extent located on former manufacturing property, the applicable percentage is: To the extent located on future manufacturing property, the applicable percentage is: Not over $250,000 5 percent 10 percent 15 percent Over $250,000 but not over $1,000,000 7.5 percent 12.5 percent 17.5 percent Over $1,000,000 10 percent 15 percent 20 percent. (3) Increased credit for property located in economically disadvantaged areas (A) In general If the manufacturing property is located in an economically disadvantaged area, each of the percentages under paragraphs (1) and (2) shall be increased by 5 percentage points. (B) Extremely economically disadvantaged areas If the manufacturing property is located in an extremely economically disadvantaged area, each of the percentages under paragraphs (1) and (2) shall be increased by 10 percentage points. (C) Economically disadvantaged areas For purposes of this paragraph— (i) In general The term economically disadvantaged area means any area— (I) for which there is a single 5-digit postal zip code, and (II) which includes any portion of a census tract in which the median annual household income is less than $40,000 per year. (ii) Extremely economically disadvantaged areas The term extremely economically disadvantaged area means any area which would be described in clause (i) if $32,000 were substituted for $40,000 in subclause (II) thereof. (iii) Household income Median annual household income shall be determined using the 2010 census, as updated by the American Community Survey of the Bureau of the Census. (iv) Areas not within census tracts In the case of an area which is not tracted for population census tracts, the equivalent county divisions (as defined by the Bureau of the Census for purposes of defining poverty areas) shall be used for purposes of determining median annual household income. (c) Manufacturing property For purposes of this section— (1) Manufacturing property (A) In general The term manufacturing property means tangible property used in the United States in the trade or business of manufacturing tangible personal property. (B) Manufacturing of residential real property not included Such term does not include property used to manufacture residential real property, including such property used on a transient basis. (2) Existing manufacturing property The term existing manufacturing property means any property which was a manufacturing facility, or a part of a manufacturing facility, at any time during the period beginning 5 years before the date of the enactment of this section and ending on the day before its purchase by the taxpayer. (3) Former manufacturing property The term former manufacturing property means any property (other than an existing manufacturing property) which was a manufacturing facility, or a part of a manufacturing facility, at any time before the period described in paragraph (2). (4) Future manufacturing property The term future manufacturing property means any existing or former manufacturing property on which there are no permanent vertical structures. (5) Manufacturing real property The term manufacturing real property means manufacturing property which is land or section 1250 property (as defined in section 1250(c)). (6) Manufacturing tangible personal property The term manufacturing tangible personal property means manufacturing property which is tangible property other than manufacturing real property. (d) Credit not allowable for certain relocations of manufacturing facilities This section shall not apply to property acquired as part of a relocation of a manufacturing facility unless the new location— (1) is in a different State than the prior location, or (2) is more than 100 miles from the prior location. (e) Special rules (1) Credit not allowable if remediation deduction claimed This section shall not apply to any property located on a site with respect to which the taxpayer (or a related party) is allowed a deduction under section 198 (relating to expensing of environmental remediation costs). (2) Basis adjustment For purposes of this subtitle, if a credit is allowed under this section for an expenditure related to property, the basis of such property shall be reduced by the amount of such credit. (3) Controlled groups For purposes of this section, all persons treated as a single employer under subsection (a) or (b) of section 52 or subsection (m) or (o) of section 414 shall be treated as a single taxpayer. . (b) Inclusion as part of investment credit Section 46 of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (5), by striking the period at the end of paragraph (6) and inserting , and , and by adding at the end the following new paragraph: (7) the manufacturing recovery credit. . (c) Conforming amendments (1) Section 49(a)(1)(C) of such Code is amended— (A) by striking ‘‘and’’ at the end of clause (v), (B) by striking the period at the end of clause (vi) and inserting ‘‘, and’’, and (C) by adding at the end the following new clause: (vii) the basis of any property which is manufacturing property under section 48E. . (2) The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 48D the following new item: Sec. 48E. Acquisition of manufacturing property. . (d) Effective date The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act in taxable years ending after such date. 3. Incentives for hiring manufacturing recovery employees (a) In general Paragraph (1) of section 51(d) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting , or , and by adding at the end the following new subparagraph: (J) a manufacturing recovery employee. . (b) Manufacturing recovery employee Subsection (d) of section 51 of such Code is amended by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively, and by inserting after paragraph (10) the following new paragraph: (11) Manufacturing recovery employee (A) In general The term manufacturing recovery employee means any individual who is certified by the designated local agency as having a hiring date which is after the date of the enactment of the Manufacturing Economic Recovery Act of 2013 and before the close of the 3-year period beginning on the date that the employer first operated the manufacturing facility at which the individual is employed. (B) Increased credit for hiring unemployed In the case of a manufacturing recovery employee who is certified by the designated local agency as having received unemployment compensation under State or Federal law for not less than 4 weeks during the 3-year period ending on the hiring date, subsection (a) shall be applied by substituting 50 percent for 40 percent . (C) No credit for less than full-time employment An individual shall not be treated as a manufacturing recovery employee for any week during which— (i) the individual is employed by the employer for less than 35 hours at a manufacturing facility of the employer, or (ii) the individual performs less than 90 percent of individual’s services for the employer at the manufacturing facility. (D) Manufacturing facility must be in united states No credit shall be allowable by reason of this paragraph unless the manufacturing facility is located in the United States. . (c) Permanent credit for manufacturing recovery employees Paragraph (4) of section 51(c) of such Code (relating to termination) is amended by adding at the end the following flush sentence: The preceding sentence shall not apply to any manufacturing recovery employee. . (d) Effective date The amendments made by this section shall apply to individuals who first begin work for the employer after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1522ih/xml/BILLS-113hr1522ih.xml |
113-hr-1523 | I 113th CONGRESS 1st Session H. R. 1523 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Rohrabacher (for himself, Mr. Cohen , Mr. Young of Alaska , Mr. Polis , Mr. Amash , and Mr. Blumenauer ) introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committee on Energy and Commerce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act to provide for a new rule regarding the application of the Act to marihuana, and for other purposes.
1. Short title This Act may be cited as the Respect State Marijuana Laws Act of 2013 . 2. Rule regarding application to marihuana Part G of the Controlled Substances Act ( 21 U.S.C. 801 et seq. ) is amended by adding at the end the following: 710. Rule regarding application to marihuana Notwithstanding any other provision of law, the provisions of this subchapter related to marihuana shall not apply to any person acting in compliance with State laws relating to the production, possession, distribution, dispensation, administration, or delivery of marihuana. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1523ih/xml/BILLS-113hr1523ih.xml |
113-hr-1524 | I 113th CONGRESS 1st Session H. R. 1524 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Garamendi (for himself, Mr. Conyers , Mr. DeFazio , Mr. Duncan of Tennessee , Mr. Grijalva , Mr. Kildee , Ms. Lee of California , Mr. Lipinski , Ms. Schakowsky , Mr. Ryan of Ohio , Mr. Yarmuth , Mr. Hoyer , Mr. Nolan , Mr. Andrews , Mr. Higgins , Mr. Crowley , and Ms. Kaptur ) 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 require 85 percent domestic content in green technologies purchased by Federal agencies or by States with Federal funds and in property eligible for the renewable energy production or investment tax credits.
1. Short title This Act may be cited as the Make it in America: Create Clean Energy Manufacturing Jobs in America Act . 2. Requirements for purchase of green technologies with 85 percent domestic content for use by Federal Government and States (a) Requirement for purchases by Federal Government Notwithstanding chapter 83 of title 41, United States Code (popularly referred to as the Buy American Act), and subject to subsection (c), only green technologies that are 85 percent manufactured in the United States, from articles, materials, or supplies 85 percent of which are grown, produced, or manufactured in the United States, may be acquired for use by the Federal Government. (b) Requirement for purchases by States using Federal funds Subject to subsection (c), Federal funds may not be provided to a State for the purchase of green technologies unless the State agrees that the funds shall be used to purchase only green technologies that are 85 percent manufactured in the United States, from articles, materials, or supplies 85 percent of which are grown, produced, or manufactured in the United States. (c) Phase-In of requirement During the first two fiscal years occurring after the date of the enactment of this Act, subsections (a) and (b) shall be applied— (1) during the first fiscal year beginning after such date of enactment, by substituting 50 percent for 85 percent ; and (2) during the second fiscal year beginning after such date of enactment, by substituting 60 percent for 85 percent . (d) Green technologies defined In this Act, the term green technologies means renewable energy and energy efficiency products and services that— (1) reduce dependence on unreliable sources of energy by encouraging the use of sustainable biomass, wind, small-scale hydroelectric, solar, geothermal, and other renewable energy and energy efficiency products and services; and (2) use hybrid fossil-renewable energy systems. (e) Effective date This section shall apply to purchases of green technologies on and after October 1 of the first fiscal year beginning after the date of the enactment of this Act. 3. Renewable energy production and investment tax credits limited to domestically produced property (a) Credit for electricity produced from certain renewable resources Subsection (d) of section 45 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12) Domestic content requirement (A) In general In the case of any facility originally placed in service after the date of the enactment of the Make it in America: Create Clean Energy Manufacturing Jobs in America Act , such facility shall not be treated as a qualified facility for purposes of this section unless such facility is 85 percent manufactured in the United States, from articles, materials, or supplies 85 percent of which are grown, produced, or manufactured in the United States. (B) Transitional rule In the case of any facility originally placed in service before January 1, 2015, subparagraph (A) shall be applied— (i) in the case a facility originally placed in service during 2013, by substituting 50 percent for 85 percent both places it appears, and (ii) in the case a facility originally placed in service during 2014, by substituting 60 percent for 85 percent both places it appears. . (b) Investment energy credit Section 48 of such Code is amended by adding at the end the following new subsection: (e) Domestic content requirement (1) In general In the case of any property for any period after the date of the enactment of the Make it in America: Create Clean Energy Manufacturing Jobs in America Act , such property shall not be treated as energy property for purposes of this section unless such property is 85 percent manufactured in the United States, from articles, materials, or supplies 85 percent of which are grown, produced, or manufactured in the United States. (2) Transitional rule In the case of any property for any period before January 1, 2015, paragraph (1) shall be applied— (A) in the case of any period during 2013, by substituting 50 percent for 85 percent both places it appears, and (B) in the case of any period during 2014, by substituting 60 percent for 85 percent both places it appears. . (c) Effective dates (1) Production credit The amendments made by subsection (a) shall apply to facilities originally placed in service after the date of the enactment of this Act. (2) Investment credit The amendments made by subsection (b) shall apply to periods after the date of the enactment of this Act, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). | https://www.govinfo.gov/content/pkg/BILLS-113hr1524ih/xml/BILLS-113hr1524ih.xml |
113-hr-1525 | I 113th CONGRESS 1st Session H. R. 1525 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Ms. Jackson Lee introduced the following bill; which was referred to the Committee on the Judiciary , and in addition to the Committees on Homeland Security and Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Immigration and Nationality Act to comprehensively reform immigration law, and for other purposes.
1. Short title; references to Act (a) Short title This Act may be cited as the Save America Comprehensive Immigration Act of 2013 . (b) References to the Immigration and Nationality Act Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act. I Facilitating Family-Based Immigration 101. Increasing the allocation of family-based immigrant visas Section 201(c) ( 8 U.S.C. 115(c) ) is amended to read as follows: (c) Worldwide level of family-Sponsored immigrants The worldwide level of family-sponsored immigrants under this subsection for a fiscal year shall be no more than 960,000. . 102. Protection against processing delays (a) Age-Out protection for children (1) In general Chapter 1 of title IV ( 8 U.S.C. 1101 note) is amended by adding at the end the following: 408. Age-out protection for children (a) In general In the case of an application initially to grant a benefit under this Act (other than an application for naturalization) that otherwise would be granted only after a determination that the beneficiary of the application is a child (such as classification as an immediate relative under section 201(b)(2)(A)(i)), if the application is neither approved nor denied (on procedural or substantive grounds) during the 90-day period beginning on the date of the filing of the application, the beneficiary shall be considered to be a child for all purposes related to the receipt of the benefit if the beneficiary was a child on the last day of such 90-day period, and the beneficiary shall not otherwise be prejudiced with respect to such determination by such delay, and shall be considered to be a child under this Act for all purposes related to such application. (b) Termination of benefit Subsection (a) shall remain in effect until the termination of the 1-year period beginning on the date on which the application described in such paragraph is approved. . (2) Clerical amendment The table of contents is amended by inserting after the item relating to section 407 the following: Sec. 408. Age-out protection for children. . (b) Timeliness of adoption for immigration purposes (1) In general Section 101(b)(1)(E)(i) ( 8 U.S.C. 1101(b)(1)(E)(i) ) is amended by striking a child adopted while under the age of sixteen years and inserting a child, under the age of 16 when adoption proceedings were initiated, . (2) Special rule for siblings Section 101(b)(1)(E)(ii)(III) (8 U.S.C. 1101(b)(1)(E)(ii)(III)) is amended by striking adopted while under the age of 18 years and inserting under the age of 18 when adoption proceedings were initiated . 103. Temporary status pending receipt of permanent resident status (a) Classes of nonimmigrant aliens Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)) is amended— (1) by striking or at the end of clause (ii); (2) by adding or at the end of clause (iii); and (3) by adding at the end the following: (iv) (I) has concluded a valid marriage with an alien lawfully admitted for permanent residence, is the parent of a citizen of the United States, or is the child, son, or daughter of an alien lawfully admitted for permanent residence or a citizen of the United States; (II) is the beneficiary of an approved petition to accord immigrant status on the basis of such family relationship that was filed under section 204 by such family member; (III) has available to the alien an immigrant visa number; (IV) has waited more than 6 months for the issuance of an immigrant visa based upon an application made by the alien; and (V) seeks to enter the United States to await such issuance; . (b) Admission of nonimmigrants Section 214(d) ( 8 U.S.C. 1184(d) ) is amended— (1) by striking (d) and inserting (d)(1) ; and (2) by adding at the end the following: A visa shall not be issued under the provisions of section 101(a)(15)(K)(iv) until the consular officer has received a petition filed in the United States by the lawful permanent resident or citizen relative of the applying alien and approved by the Secretary of Homeland Security. The petition shall be in such form and contain such information as the Secretary shall, by regulation, prescribe. . 104. Elimination of affidavit of support requirement (a) Grounds for ineligibility for admission Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended— (1) by amending subparagraph (B)(ii) to read as follows: (ii) If an alien submits an affidavit of support described in section 213A, in addition to the factors under clause (i), the consular officer or the Secretary of Homeland Security shall also consider such affidavit in determining whether the alien is inadmissible under this paragraph. ; and (2) by striking subparagraphs (C) and (D). (b) Requirements for sponsor’s affidavit of support Subsections (a)(1)(A), (f)(1)(E), and (f)(4)(B)(i) of section 213A ( 8 U.S.C. 1183a(a)(1)(A) , (f)(1)(E), and (f)(4)(B)(i)) are amended by striking 125 and inserting 100 . II Establishment of a Board of Visa Appeals for Family-Based Visas 201. Establishment of a Board of Visa Appeals (a) In General The Immigration and Nationality Act is amended by inserting after section 224 the following new section: 225. Board of Visa Appeals (a) Establishment The Secretary of State shall establish within the Department of State a Board of Family-based Visa Appeals. The Board shall be composed of 5 members who shall be appointed by the Secretary. Not more than 2 members of the Board may be consular officers. The Secretary shall designate a member who shall be chairperson of the Board. (b) Authority and Functions The Board shall have authority to review any discretionary decision of a consular officer with respect to an alien concerning the denial, revocation, or cancellation of an immigrant visa of someone who has the immediate relative status described in section 201(2)(A)(i) and (ii); or a preference classification described in section 203(a). The review of the Board shall be made upon the record for decision of the consular officer, including all documents, notes, and memoranda filed with the consular officer, supplemented by affidavits and other writings if offered by the consular officer or alien. Upon a showing that the decision of the consular official is contrary to the preponderance of the evidence, the Board shall have authority to overrule, or remand for further consideration, the decision of such consular officer. (c) Procedure Proceedings before the Board shall be in accordance with such regulations, not inconsistent with this Act and sections 556 and 557 of title 5, United States Code, as the Secretary of State shall prescribe. Such regulations shall include requirements that provide that— (1) at the time of any decision of a consular officer under subsection (b), the interested party defined in subsection (d) shall be given notice of the availability of the review process and the necessary steps to request such review; (2) a written record of the proceedings and decision of the consular officer (in accordance with sections 556 and 557 of title 5, United States Code) shall be available to the Board, and on payment of lawfully prescribed costs, shall be made available to the alien; (3) upon receipt of request for review under this section, the Board shall, within 30 days, notify the consular officer with respect to whose decision review is sought, and, upon receipt of such notice, such officer shall promptly (but in no event more than 30 days after such receipt) forward to the Board the record of proceeding as described in subsection (b); (4) the appellant shall be given notice, reasonable under all the circumstances of the time and place at which the Board proceedings will be held; (5) the appellant may be represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the appellant shall choose; and (6) a request for review under this section must be made in writing to the Board within 60 days after receipt of notice of the denial, revocation, or cancellation. (d) Interested Parties The Board shall review each decision described in subsection (b) upon request by the petitioner of an immigrant visa petition approved under section 201(2)(A)(i) and (ii) or 203(a). (e) Construction This section may not be construed to restrict any right to further administrative or judicial review established under any other provision of law. (f) Fees The Secretary of State shall charge, and collect, an appropriate fee associated with a request to the Board for a review. Such fee shall be sufficient to cover the cost of the administration of this section. . (b) Technical Amendments (1) Section 222(f) ( 8 U.S.C. 1202(f) ) is amended by adding at the end: An interested party under section 225(d) or court shall be permitted to inspect the record of proceeding as described in subsections (c)(2) and (c)(3) of section 225. . (2) Section 104(a)(1) ( 8 U.S.C. 1104(a)(1) ) is amended by striking except and inserting including . (3) The table of contents is amended by inserting after the item relating to section 224 the following new item: Sec. 225. Board of Visa Appeals. . III Elimination of Unfair Restrictions 301. Acquisition of citizenship for children born abroad and out of wedlock to a United States citizen father (a) Requirements for citizenship eligibility Section 309(a) ( 8 U.S.C. 1409(a) ) is amended— (1) in paragraph (2), by adding and at the end; (2) by striking paragraph (3); (3) in paragraph (4), by striking while the person is under the age of 18 years— and inserting at any time— ; and (4) by redesignating paragraph (4) as paragraph (3). (b) Clarification regarding deceased parents of children born abroad and out of wedlock Section 309 ( 8 U.S.C. 1409 ) is amended by adding at the end the following: (d) Nothing in this section shall be construed to preclude a person who is a citizen or national of the United States by virtue of a provision of this section from establishing such status under this title after the death of the person’s father, mother, or parents. . (c) Application of citizenship provisions The amendments made by this Act shall apply to persons born out of wedlock who are alive on or after the date of the enactment of this Act. 302. Allow aunts and uncles or grandparents to adopt orphaned or abandoned children of the deceased relative Section 101(b)(1) (8 U.S.C. 1101(b)(1)) is amended— (1) by striking or at the end of subparagraph (E) and inserting a semicolon; (2) by striking the period at the end of subparagraph (F) and inserting a colon; (3) by striking the period at the end of subparagraph (G) and inserting ; and ; and (4) by adding at the end the following: (H) a child adopted in the United States or abroad or who is coming to the United States for adoption by a grandparent, aunt or uncle while under the age of eighteen years, who has suffered the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing proper care and has consented in writing to the adoption, if the Secretary of Homeland Security is satisfied that proper care will be furnished the child if admitted to the United States. No natural parent or prior adoptive parent of any such child shall thereafter, by virtue of such parentage, be accorded any right, privilege, or status under this Act. Nothing in this subsection shall be construed to require the child to be released to an orphanage as a prerequisite for eligibility. . 303. Relief for surviving spouses, children and parents (a) In general Section 201(b)(2)(A)(i) ( 8 U.S.C. 1151(b)(2)(A)(i) ) is amended— (1) by inserting , and if married for less than two years at the time of the citizen’s death proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit, after within 2 years after such date ; and (2) by inserting In the case of an alien who was the child or parent of a citizen of the United States at the time of the citizen’s death, the alien shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen’s death but only if the alien files a petition under section 204(a)(1)(A)(ii) within two years after such date in the case of a parent, or prior to reaching the age of 21 in the case of a child. after remarries. . (b) Petition Section 204(a)(1)(A)(ii) ( 8 U.S.C. 1154(a)(1)(A)(ii) ) is amended by inserting or an alien child or alien parent described in the third sentence of section 201(b)(2)(A)(i) after section 201(b)(2)(A)(i) . (c) Transition period In applying section 201(b)(2)(A)(i) ( 8 U.S.C. 1151(b)(2)(A)(i) ), as amended by subsection (a), in the case of an alien whose citizen relative died before the date of the enactment of this Act, the alien relative may (notwithstanding the deadlines specified in such subsection) file the classification petition referred to in such subsection within 2 years after the date of the enactment of this Act. In the case of an alien who was excluded, deported, removed or departed voluntarily before the date of the enactment of this Act, such alien shall be eligible for parole into the United States pursuant to the Secretary of Homeland Security’s authority under section 212(d)(5) of such Act (8 U.S.C. 1182(d)(5)), and such alien’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) ( 8 U.S.C. 1182(a)(9) ). (d) Adjustment of status Section 245 (8 U.S.C. 1255) is amended by adding at the end the following: (n) Applications for adjustment of status by surviving spouses, children and parents (1) In general Any alien described in paragraph (2) who applied for adjustment of status prior to the death of the qualifying relative, may have such application adjudicated as if such death had not occurred. (2) Alien described An alien described in this paragraph is an alien who— (A) is an immediate relative as described in section 201(b)(2)(A)(i); (B) is a family-sponsored immigrant as described in subsection (a) or (d) of section 203; (C) is a derivative beneficiary of an employment-based immigrant under section 203(b), as described in section 203(d); or (D) is a derivative beneficiary of a diversity immigrant as described in section 203(c). . (e) Transition Period Notwithstanding a denial of an application for adjustment of status, in the case of an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee, filed within two years after the date of the enactment of this Act. In the case of an alien who was excluded, deported, removed or departed voluntarily before the date of the enactment of this Act, such alien shall be eligible for parole into the United States pursuant to the Secretary of Homeland Security’s authority under section 212(d)(5) ( 8 U.S.C. 1182(d)(5) ), and such alien’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) ( 8 U.S.C. 1182(a)(9) ). 304. Eliminating the widowed permanent resident’s naturalization penalty Section 319(a) ( 8 U.S.C. 1429(a) ) is amended by inserting or, if the spouse is deceased, the spouse was a citizen of the United States, after (a) Any person whose spouse is a citizen of the United States, . IV Preventing sex offenders from using our immigration laws to bring innocent, unsuspecting victims into the United States 401. Findings The Congress finds the following: (1) Immigration law allows citizens and aliens lawfully admitted for permanent residence to bring foreign family members to the United States on the basis of immediate relative status or a preference classification. (2) Immediate relative status and preference classifications are obtained by filing petitions with the Secretary of Homeland Security. (3) For national security purposes, the Secretary of Homeland Security conducts background checks on the beneficiaries of such petitions and, since September 11, 2001, on the petitioners as well. (4) The Government Accountability Office (GAO) has determined that, in fiscal year 2005, at least 398 of the petitioners who filed family-based visa petitions were on the National Sex Offender Registry maintained by the Federal Bureau of Investigations. (5) GAO was only able to ascertain the nature of the sex offense for 194 of the 398 petitioners. (6) GAO was able to ascertain, however, that 119 of the convictions were for sex assault, 35 for child fondling, 9 for strong arm rape, 9 for carnal abuse combined with a sexual assault, 7 were for statutory rape, 4 for crimes against persons, 3 for indecent exposure, 2 for kidnapping, 2 for obscene material possession, 1 for exploitation of a minor with photographs, 1 for incest with a minor, 1 for sodomizing a boy, and 1 for restricting movement. (7) At least 14 of the 398 petitioners were classified as sexual predators , which means a determination had been made that they are likely to commit additional sex offenses. (8) At least 45 of the petitioners were convicted of sex offenses against children. (9) The Immigration and Nationality Act does not provide the Secretary of Homeland Security with authorization to deny family-based petitions on the basis of a petitioner’s conviction for a sex offense, even when the conviction record indicates that a spouse or a child beneficiary may be in grave danger. 402. Discretionary authority to deny family-sponsored classification petition by petitioner listed on national sex offender registry Section 204 ( 8 U.S.C. 1154 ) is amended by adding at the end the following: (m) Authority To deny family-Based petition by petitioner listed on national sex offender registry (1) In general The Secretary Homeland Security may, in the discretion of the Secretary, deny a petition under subsection (a) for classification of a spouse or child if— (A) the Secretary has confirmed that the petitioner is on the national sex offender registry maintained by the Federal Bureau of Investigation for a conviction that individually (disregarding any aggregation due to any other conviction) resulted in incarceration for more than 1 year; (B) the petitioner has been given at least 90 days to establish that the petitioner is not the person named on the registry or that the conviction did not result in incarceration for more than 1 year and has failed to establish such fact; and (C) the Secretary finds that granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. (2) Determining danger In making the determination under paragraph (1)(C), the Secretary shall use the following principles: (A) Nature of the relationship In evaluating a petitioner who has filed a petition for a spouse, consideration should be given to indications of how well the petitioner and the spouse know each other. Petitions filed on the basis of marriages between men and women who have had little direct, personal contact with each other should be viewed with suspicion. In cases where the petitioner and the spouse have had little direct, personal contact with each other, evidence should be submitted to establish that they have gotten to know each other in some other way. (B) Nature of the sex offense Consideration should be given to when each offense occurred for which the petitioner was incarcerated for more than a year, how serious it was, the sentence that was imposed, how long the petitioner was incarcerated, the age of the petitioner when it was committed, and the characteristics of the victim. (C) Rehabilitation Evidence of rehabilitation should be evaluated with respect to whether it diminishes the risk of sexual abuse to the primary or derivative spouse or child beneficiaries. (D) Previous visa petitions The records for any previous petitions shall be examined to determine whether they provide or might lead to evidence that is pertinent to determining whether granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. (3) Rebuttal If the Secretary intends to deny a petition under paragraph (1), the Secretary shall provide the petitioner with a notice that states the reasons for the intended denial and provides the petitioner with at least 90 days to submit rebuttal evidence. Rebuttal should focus primarily on the factors that led the Secretary to believe that granting the petition would put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. (4) Post-denial remedies (A) Appeal All final denials under paragraph (1) may be appealed to the Board of Immigration Appeals. (B) New petition The petitioner may file a new petition whenever the petitioner has additional evidence that the petitioner believes might be sufficient to warrant granting the new petition. (5) Disclosure by the Secretary of Homeland Security to beneficiaries In all cases in which it has been confirmed that the name of a petitioner under subsection (a) is listed on the national sex offender registry maintained by the Federal Bureau of Investigation, and regardless of whether the Secretary may exercise discretion under paragraph (1), the Secretary shall give the petitioner at least 90 days to establish that the petitioner is not the person named on the registry. If the petitioner fails to establish that the petitioner is not the person named on the registry within the time allotted, the Secretary shall provide the beneficiaries with a written copy of the information on the registry that is available to the public before making a decision on the petition. The beneficiary shall be informed that the registry information is based on available records and may not be complete. (6) Disclosure to Department of State In all cases in which it has been confirmed that the name of a petitioner under subsection (a) is listed on the national sex offender registry maintained by the Federal Bureau of Investigation, and regardless of whether the Secretary may exercise discretion under paragraph (1), the Secretary shall provide the Secretary of State with— (A) a separate document with information about the record on the national sex offender registry that is available to the public; (B) any additional information it has that raises concern that a primary or derivative spouse or child beneficiary may be subject to sexual abuse, including information from the registry that is not available to the public; and (C) information about any previous petitions under subsection (a) filed by the petitioner. (7) Disclosure by consular officer to beneficiaries When a petition under subsection (a) is granted, if the petition is filed by a petitioner who has failed to make the demonstration of mis-identification described in paragraph (5), the consular officer shall conduct an interview with the primary or derivative spouse or child beneficiary of the petition before issuing a visa to the beneficiary. At least part of the interview must be held without the presence of the petitioner. During the private part of the interview, the beneficiary will be given a written copy of the information about the petitioner from the registry that is available to the public. This document must be written in the beneficiary’s primary language. The consular officer is required to advise the beneficiary that approval of the visa petition does not mean that there are no reasons to be concerned about his or her safety. (8) Additional responsibilities of consular officer The consular officer may return files to the Secretary of Homeland Security for further consideration in cases where the consular officer is concerned that granting the visa might put a primary or derivative spouse or child beneficiary in grave danger of being sexually abused. When returning a file under the previous sentence, the consular officer may add any additional information or observations the officer has that might have a bearing on whether the visa should be granted, including the results of any field examination that has been conducted. . 403. Removal of conditional permanent resident status (a) Identify and provide assistance for spouses and children who are subject to sexual abuse or related types of harm Section 216(d)(3) ( 8 U.S.C. 1186a(d)(3) ) is amended— (1) by inserting before The interview the following: (A) In general Subject to subparagraph (B), the interview ; and (2) by adding at the end the following: (B) Petitioner listed on national sex offender registry In all cases where the Secretary of Homeland Security has confirmed that a petitioning spouse is listed on the national sex offender registry maintained by the Federal Bureau of Investigation, an interview with the alien spouse, and any alien sons or daughters, shall be required prior to removal of the conditional status, and at least part of the interview shall be held without the presence of the petitioning spouse. During the private portion of the interview, questions will be asked to determine whether an investigation should be conducted regarding the welfare of the alien spouse, or any alien son or daughter. If it is determined that any alien spouse, son, or daughter is being abused or harmed by the petitioning spouse, the victim shall be offered whatever assistance is appropriate, including information on ways to remain in the United States that do not depend on continuing the qualifying marriage. . (b) Hardship waiver in cases where the alien spouse or child is subject to sexual abuse Section 216(c)(4) ( 8 U.S.C. 1186a(c)(4) ) is amended— (1) in subparagraph (B), by striking or at the end; (2) in subparagraph (C), by striking the period at the end and inserting , or ; and (3) by inserting after subparagraph (C) the following: (D) the qualifying marriage was entered into in good faith by the alien spouse and during the marriage the alien spouse, or a son or daughter of the spouse, was sexually abused and the alien was not at fault in failing to meet the requirements of paragraph (1). . 404. Special task force to identify people named on the national sex offender registry who have filed family-based classification petitions (a) In general The Secretary of Homeland Security shall establish a task force, to be known as the Task Force to Rescue Immigrant Victims of American Sex Offenders . The task force shall consist of officials from Federal, State, and local law enforcement agencies with experience in domestic violence, sex crimes, immigration law, trafficking in humans, organized crime, or any other area of experience which may be useful in completing the duties described in subsection (b). (b) Duties The duties of the task force shall be the following: (1) Working back in time from the date of the establishment of the task force, identifying individuals on the Federal Bureau of Investigation’s sex offender registry who have filed family-based petitions under section 204(a) of the Immigration and Nationality Act. When a confirmed match has been made with the sex offender registry, the task force should ascertain whether the petitioner filed previous petitions. (2) Maintaining the information about the petitioners in a comprehensive database. (3) Prioritizing the information according to the likelihood that primary or derivative spouse or child beneficiaries are in danger of sexual abuse. (4) Developing a system for investigating the cases in which beneficiaries may be at risk and providing them with information on how to seek assistance if they are abused. (5) Except for information on the registry that is available to the public, protecting the information produced by its investigations in accordance with the privacy rights of everyone involved in the investigation. (6) Taking whatever other actions as are reasonable and appropriate when investigations lead to information about sexual abuse or other criminal activities, including notifying State and local police departments, government offices, public organizations that provide assistance to victims of sexual abuse, and religious organizations. (c) Report to Congress Not later than 270 days after the date of the enactment of this Act, the Secretary shall submit to the Congress a report on the findings and recommendations of the task force. The report shall include the following: (1) An analysis of the information obtained in searching visa petition and national sex offender registry records. (2) The results of any investigations conducted by the task force. (3) Recommendations on administrative and legislative actions that would assist in identifying and protecting immigrant victims of sexual abuse or related harm. 405. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. Amounts appropriated under this section shall remain available until expended. 406. Regulations Regulations implementing this Act shall be promulgated in final form not later than 180 days after the date of the enactment of this Act. V Legalization for long-term residents 501. Earned access to legalization (a) In general Chapter 5 of title II ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245A the following: 245B. Adjustment of status on the basis of earned access to legalization (a) In General The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien— (1) was physically present in the United States for a continuous period of not less than 5 years immediately preceding the date on which this provision was enacted and has maintained continuous physical presence since then; (2) has at all times been a person of good moral character; (3) has never been convicted of a criminal offense in the United States; (4) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment; (5) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and (6) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service. (b) Treatment of brief, casual, and innocent absences An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States. (c) Admissible as immigrant (1) In general The alien shall establish that the alien is admissible to the United States as an immigrant, except as otherwise provided in paragraph (2). (2) Exceptions The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section. (d) Security and law enforcement clearances The alien, if over 15 years of age, shall submit fingerprints in accordance with procedures established by the Secretary of Homeland Security. Such fingerprints shall be submitted to relevant Federal agencies to be checked against existing databases for information relating to criminal, national security, or other law enforcement actions that would render the alien ineligible for adjustment of status under this section. The Secretary of Homeland Security shall provide a process for challenging the accuracy of matches that result in a finding of ineligibility for adjustment of status. (e) Inapplicability of numerical limitations When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section. (f) Termination of proceedings The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section. . (b) Clerical amendment The table of contents is amended by inserting after the item relating to section 245A the following: Sec. 245B. Adjustment of status on the basis of earned access to legalization. . 502. Legalization provisions for children (a) In general Chapter 5 of title II ( 8 U.S.C. 1255 et seq. ), as amended by section 501, is further amended by inserting after section 245B the following: 245C. Adjustment of status for certain children (a) In General The Secretary of Homeland Security may adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien is a child at the time of filing the application for such adjustment and establishes that the alien, at such time— (1) has been physically present and enrolled in school in the United States for a continuous period of not less than 5 years immediately preceding the date of such application, and during that period has been a person of good moral character; (2) has fully integrated into life in the United States; (3) has learned English or is satisfactorily pursuing a course of study to achieve an understanding of English; (4) is successfully pursuing an elementary school, middle school, high school, or college-level education; and (5) if older than 13 years of age, has performed at least 60 hours of community service. (b) Treatment of brief, casual, and innocent absences An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States. (c) Admissible as immigrant (1) In general The alien shall establish that the alien is admissible to the United States as an immigrant, except as otherwise provided in paragraph (2). (2) Applicability of certain provisions (A) Grounds of inadmissibility not applied The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section. (B) Waiver of other grounds (i) In general Except as provided in clause (ii), the Secretary of Homeland Security may waive any other provision of section 212(a) in the case of an individual alien for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. (ii) Grounds that may not be waived The following provisions of section 212(a) may not be waived by the Secretary under clause (i): (I) Paragraphs (2)(A) and (2)(B) (relating to criminals). (II) Paragraph (2)(C) (relating to drug offenses), except for so much of such paragraph as relates to a single offense of simple possession of 30 grams or less of marijuana. (III) Paragraph (3) (relating to security and related grounds). (d) No numerical limitations The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section. (e) Confidentiality of information Except as provided in this section, neither the Secretary of Homeland Security, nor any other official or employee of the Department of Homeland Security, may— (1) use information furnished by applicant for an application filed under this section for any purpose other than to make a determination on the application; (2) make any publication whereby the information furnished by any particular applicant can be identified; or (3) permit anyone other than the sworn officers and employees of the Department, the applicant, or a representative of the applicant to examine individual applications. (f) Dissemination of information The Secretary of Homeland Security shall broadly disseminate information respecting the benefits which aliens may receive under this section and the requirements to obtain such benefits. . (b) Clerical amendment The table of contents, as amended by section 201, is amended further by inserting after the item relating to section 245B the following: Sec. 245C. Adjustment of status for certain children. . 503. Updated registry provision (a) In general Section 249 ( 8 U.S.C. 1259 ) is amended— (1) in the section heading by striking 1972 and inserting 1986 ; and (2) in item (a), by striking 1972 and inserting 1986 . (b) Clerical amendment The table of sections is amended in the item relating to section 249 by striking 1972 and inserting 1986 . VI Border Security Provisions A Rapid response measures 601. Emergency deployment of United States Border Patrol agents (a) In general If the Governor of a State on an international border of the United States declares an international border security emergency and requests additional United States Border Patrol agents from the Secretary of Homeland Security, the Secretary is authorized, subject to subsections (b) and (c), to provide the State with up to 1,000 additional United States Border Patrol agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border and entering the United States at any location other than an authorized port of entry. (b) Consultation The Secretary of Homeland Security shall consult with the President upon receipt of a request under subsection (a), and shall grant it to the extent that providing the requested assistance will not significantly impair the Department of Homeland Security’s ability to provide border security for any other State. (c) Collective bargaining Emergency deployments under this section shall be made in conformance with all collective bargaining agreements and obligations. 602. Elimination of fixed deployment of United States Border Patrol agents The Secretary of Homeland Security shall ensure that no United States Border Patrol agent is precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances where the temporary use of fixed deployment positions is necessary. 603. Helicopters and power boats (a) In general The Secretary of Homeland Security shall increase by not less than 100 the number of United States Border Patrol helicopters, and shall increase by not less than 250 the number of United States Border Patrol power boats. The Secretary of Homeland Security shall ensure that appropriate types of helicopters are procured for the various missions being performed. The Secretary of Homeland Security also shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements. (b) Use and training The Secretary of Homeland Security shall establish an overall policy on how the helicopters and power boats described in subsection (a) will be used and implement training programs for the agents who use them, including safe operating procedures and rescue operations. 604. Control of United States Border Patrol assets The United States Border Patrol shall have complete and exclusive administrative and operational control over all the assets utilized in carrying out its mission, including, aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets. 605. Motor vehicles The Secretary of Homeland Security shall establish a fleet of motor vehicles appropriate for use by the United States Border Patrol that will permit a ratio of at least one police-type vehicle per every 3 United States Border Patrol agents. Additionally, the Secretary of Homeland Security shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the United States Border Patrol. All vehicles will be chosen on the basis of appropriateness for use by the United States Border Patrol, and each vehicle shall have a “panic button” and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of an agent in distress. The police-type vehicles shall be replaced at least every 3 years. 606. Portable computers The Secretary of Homeland Security shall ensure that each police-type motor vehicle in the fleet of the United States Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the United States Border Patrol. 607. Radio communications The Secretary of Homeland Security shall augment the existing radio communications system so all law enforcement personnel working in every area where United States Border Patrol operations are conducted have clear and encrypted two-way radio communication capabilities at all times. Each portable communications device shall be equipped with a “panic button” and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of the agent in distress. 608. Hand-held global positioning system devices The Secretary of Homeland Security shall ensure that each United States Border Patrol agent is issued a state-of-the-art hand-held global positioning system device for navigational purposes. 609. Night vision equipment The Secretary of Homeland Security shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each United States Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device. 610. Border armor The Secretary of Homeland Security shall ensure that every United States Border Patrol agent is issued high-quality body armor that is appropriate for the climate and risks faced by the individual officer. Each officer shall be allowed to select from among a variety of approved brands and styles. Officers shall be strongly encouraged, but not mandated, to wear such body armor whenever practicable. All body armor shall be replaced at least every 5 years. 611. Weapons The Secretary of Homeland Security shall ensure that United States Border Patrol agents are equipped with weapons that are reliable and effective to protect themselves, their fellow officers, and innocent third parties from the threats posed by armed criminals. In addition, the Secretary shall ensure that the Department’s policies allow all such officers to carry weapons that are suited to the potential threats that they face. 612. Uniforms The Secretary of Homeland Security shall ensure that all United States Border Patrol agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as they become worn, unserviceable, or no longer fit properly. B Detention pending removal 621. Detention facilities for aliens arrested for illegal entry The Secretary of Homeland Security shall make arrangements for the availability of 100,000 additional beds for detaining aliens taken into custody by immigration officials. Some of these beds shall be rented from Federal, State, and local detention facilities. The remainder of the 100,000 shall be constructed to meet this demand on a temporary basis and then converted to other use when they are no longer needed as detention facilities. 622. Expansion and effective management of detention facilities (a) In general Subject to the availability of appropriations, the Secretary of Homeland Security shall fully utilize— (1) all available detention facilities operated or contracted by the Department of Homeland Security; (2) all possible options to cost effectively increase available detention capacities, including the use of State and local correctional facilities, private space, and secure alternatives to detention; and (3) the Department’s Office of Civil Rights and Civil Liberties shall monitor all facilities that are being used to hold detainees for more than 72 hours. The monitoring will include an evaluation of whether there is compliance with the requirements of the Department’s Detention Operations Manual. (b) Secure alternatives to detention program (1) Nature of the program For purposes of this section, the secure alternatives to detention referred to in subsection (a) is a program under which eligible aliens are released to the custody of suitable individual or organizational sponsors who will supervise them, use appropriate safeguards to prevent them from absconding, and ensure that they make required appearances. (2) Program development The program shall be developed in accordance with the following guidelines: (A) The Secretary shall design the program in consultation with nongovernmental organizations and academic experts in both the immigration and the criminal justice fields. Consideration should be given to methods that have proven successful in appearance assistance programs, such as the appearance assistance program developed by the Vera Institute and the Department of Homeland Security’s Intensive Supervision Appearance Program. (B) The program shall utilize a continuum of alternatives based on the alien’s need for supervision, including placement of the alien with an individual or organizational sponsor, a supervised group home, or in a supervised, non-penal community setting that has guards stationed along its perimeter. (C) The Secretary shall enter into contracts with nongovernmental organizations and individuals to implement the secure alternatives to detention program. (c) Eligibility and operations (1) Selection of participants The Secretary shall select aliens to participate in the program from designated groups specified in paragraph (4) if the Secretary determines that such aliens are not flight risks or dangers to the community. (2) Voluntary participation An alien’s participation in the program is voluntary and shall not confer any rights or benefits to the alien under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (3) Limitation on participation (A) In general Only aliens who are in expedited removal proceedings under section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) may participate in the program. (B) Rules of construction (i) Aliens applying for asylum Aliens who have established a credible fear of persecution and have been referred to the Executive Office for Immigration Review for an asylum hearing shall not be considered to be in expedited removal proceedings and the custody status of such aliens after service of a Notice to Appear shall be determined in accordance with the procedures governing aliens in removal proceedings under section 240 of such Act ( 8 U.S.C. 1229a ). (ii) Unaccompanied alien children Unaccompanied alien children (as defined in section 462(g)(2) of the Homeland Security Act ( 6 U.S.C. 279(g)(2) )) shall be considered to be in the care and exclusive custody of the Department of Health and Human Services and shall not be subject to expedited removal and shall not be permitted to participate in the program. (4) Designated groups The designated groups referred to in paragraph (1) are the following: (A) Alien parents who are being detained with one or more of their children, and their detained children. (B) Aliens who have serious medical or mental health needs. (C) Aliens who are mentally retarded or autistic. (D) Pregnant alien women. (E) Elderly aliens who are over the age of 65. (F) Aliens placed in expedited removal proceedings after being rescued from trafficking or criminal operations by Government authorities. (G) Other groups designated in regulations promulgated by the Secretary. (5) Implementing regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement the secure alternatives to detention program and to standardize the care and treatment of aliens in immigration custody based on the Detention Operations Manual of the Department of Homeland Security. (6) Decisions regarding program not reviewable The decisions of the Secretary regarding when to utilize the program and to what extent and the selection of aliens to participate in the program shall not be subject to administrative or judicial review. (d) Reporting requirements Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on the Judiciary of the Senate a report that details all policies, regulations, and actions taken to comply with the provisions in this section, including maximizing detention capacity and increasing the cost-effectiveness of detention by implementing the secure alternatives to detention program, and a description of efforts taken to ensure that all aliens in expedited removal proceedings are residing under conditions that are safe, secure, and healthy. (e) Authorization of appropriations There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to carry out this section. Amounts appropriated pursuant to this section shall remain available until expended. C Recruitment and retention of additional immigration law enforcement personnel 631. Additional United States Border Patrol agents The Secretary of Homeland Security shall increase the number of United States Border Patrol agents by— (1) 2,500 in fiscal year 2014; (2) 2,750 in fiscal year 2015; (3) 3,000 in fiscal year 2016; (4) 3,250 in fiscal year 2017; and (5) 3,500 in fiscal year 2018. 632. Provisions relating to the exercise of certain appointment and other similar authorities with respect to the United States Border Patrol (a) In general Notwithstanding any other provision of law— (1) all authority described in subsection (b) that (but for this section) would otherwise be vested in the Secretary of Homeland Security shall instead be vested in the head of the United States Border Patrol; (2) an individual may not be appointed or continue to serve as the head of the United States Border Patrol if, at the time of appointment, such individual has not completed at least 20 years of service, within the competitive service (as defined by section 2102 of title 5, United States Code), as a United States Border Patrol agent; and (3) all activities described in subsection (b) shall be considered inherently Governmental functions and may not be carried out by any persons other than employees of the United States Border Patrol. (b) Authorities described This section applies with respect to any authority relating to the recruitment, selection, and appointment of applicants (including the conducting of any investigation necessary to approve or grant security clearances) for United States Border Patrol agents, law enforcement officers (other than United States Border Patrol agents), and such other positions within the United States Border Patrol as the head of the United States Border Patrol may by regulation determine. (c) Regulations The head of the United States Border Patrol shall by regulation identify the specific authorities, including citations to the relevant provisions of law, rule, or regulation, to which this section applies. 633. Training facilities The Secretary of Homeland Security shall ensure that the training facilities used to train newly hired United States Border Patrol agents are sufficiently spacious and modern to ensure that all recruits are afforded the highest possible quality training, as well as reasonably comfortable living conditions. All dormitories shall be constructed so that each trainee is housed in separate quarters. Moreover, the Secretary shall ensure that the training sites selected contains adequate housing for all permanent and temporary instructors within the local commuting area. 634. Operational facilities The Secretary of Homeland Security shall ensure that all operational facilities of the United States Border Patrol are well-equipped and sufficiently spacious and modern to enable all of the personnel assigned to such facilities to efficiently accomplish the agency’s mission. 635. Maximum student loan repayments for United States Border Patrol agents Section 5379(b) of title 5, United States Code, is amended by adding at the end the following: (4) In the case of an employee (otherwise eligible for benefits under this section) who is serving as a full-time active-duty United States Border Patrol agent within the Department of Homeland Security— (A) paragraph (2)(A) shall be applied by substituting $20,000 for $10,000 ; and (B) paragraph (2)(B) shall be applied by substituting $80,000 for $60,000 . . 636. Recruitment and relocation bonuses and retention allowances for personnel of the Department of Homeland Security The Secretary of Homeland Security shall ensure that the authority to pay recruitment and relocation bonuses under section 5753 of title 5, United States Code, the authority to pay retention bonuses under section 5754 of such title, and any other similar authorities available under any other provision of law, rule, or regulation, are exercised to the fullest extent allowable in order to encourage service in the Department of Homeland Security. 637. Repeal of the Department of Homeland Security human resources management system (a) Repeal (1) In general Effective as of the date specified in section 4 of the Homeland Security Act of 2002 (6 U.S.C. 101 note), chapter 97 of title 5, United States Code (as added by section 841(a)(2) of such Act), section 841(b)(3) of such Act, and subsections (c) and (e) of section 842 of such Act are repealed. (2) Regulations Any regulations prescribed under authority of chapter 97 of title 5, United States Code, are void ab initio. (b) Nullification of previous exclusions Effective as of the date of the enactment of this Act, all previous determinations as to whether— (1) an agency or subdivision of the Department of Homeland Security (or a predecessor agency or subdivision transferred into the Department) is excluded from coverage under chapter 71 of title 5, United States Code, (2) a unit or subdivision of a unit within the Department of Homeland Security (or a predecessor agency or subdivision transferred into the Department) is not appropriate for representation by a labor organization under such chapter, or (3) an employee or position within the Department of Homeland Security (or a predecessor agency or subdivision transferred into the Department) is within a unit that is not appropriate for representation by a labor organization under such chapter, are null and void, except to the extent that such determinations were made in accordance with the criteria outlined in paragraph (1), (2), (3), (4), or (7) of section 7112(b) of such title 5. (c) Clerical amendment The table of chapters for part III of title 5, United States Code, is amended by striking the item relating to chapter 97. 638. Establishment of specialized inspector occupations The Secretary of Homeland Security shall establish within the Bureau of Customs and Border Protection 3 distinct inspectional occupations: immigration, customs, and agriculture. These divisions shall coordinate closely with each other under the direction of a high-level official within the Bureau, but shall report to separate operational chains of command. 639. Increase in inspectors at airport and land border inspection stations In each of the fiscal years 2014 through 2018, the Secretary of Homeland Security shall increase by not less than 1,000 the number of positions for full-time active duty immigration inspectors at airport and land border inspection stations within the Department of Homeland Security above the number of such positions for which funds were allotted for the preceding fiscal year. 640. Law enforcement retirement coverage for inspection officers and other employees (a) Amendments (1) Federal Employees’ Retirement System (A) Paragraph (17) of section 8401 of title 5, United States Code, is amended by striking and at the end of subparagraph (C), and by adding at the end the following: (E) an employee (not otherwise covered by this paragraph)— (i) the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and (ii) who is authorized to carry a firearm; and (F) an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns; . (B) Conforming amendment Section 8401(17)(C) of title 5, United States Code, is amended by striking (A) and (B) and inserting (A), (B), (E), and (F) . (2) Civil Service Retirement System Paragraph (20) of section 8331 of title 5, United States Code, is amended by inserting after position. (in the matter before subparagraph (A)) the following: For the purpose of this paragraph, the employees described in the preceding provision of this paragraph (in the matter before including ) shall be considered to include an employee, not otherwise covered by this paragraph, who satisfies clauses (i)–(ii) of section 8401(17)(E) and an employee of the Internal Revenue Service the duties of whose position are as described in section 8401(17)(F). . (3) Effective date Except as provided in subsection (b), the amendments made by this subsection shall take effect on the date of the enactment of this Act, and shall apply only in the case of any individual first appointed (or seeking to be first appointed) as a law enforcement officer (within the meaning of those amendments) on or after such date. (b) Treatment of service performed by incumbents (1) Law enforcement officer and service described (A) Law enforcement officer Any reference to a law enforcement officer described in this paragraph refers to an individual who satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code (relating to the definition of a law enforcement officer) by virtue of the amendments made by subsection (a). (B) Service Any reference to service described in this paragraph refers to service performed as a law enforcement officer (as described in this paragraph). (2) Incumbent defined For purposes of this subsection, the term incumbent means an individual who— (A) is first appointed as a law enforcement officer (as described in paragraph (1)) before the date of the enactment of this Act; and (B) is serving as such a law enforcement officer on such date. (3) Treatment of service performed by incumbents (A) In general Service described in paragraph (1) which is performed by an incumbent on or after the date of the enactment of this Act shall, for all purposes (other than those to which subparagraph (B) pertains), be treated as service performed as a law enforcement officer (within the meaning of section 8331(20) or 8401(17) of title 5, United States Code, as appropriate), irrespective of how such service is treated under subparagraph (B). (B) Retirement Service described in paragraph (1) which is performed by an incumbent before, on, or after the date of the enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, be treated as service performed as a law enforcement officer (within the meaning of such section 8331(20) or 8401(17), as appropriate), but only if an appropriate written election is submitted to the Office of Personnel Management within 5 years after the date of the enactment of this Act or before separation from Government service, whichever is earlier. (4) Individual contributions for prior service (A) In general An individual who makes an election under paragraph (3)(B) may, with respect to prior service performed by such individual, contribute to the Civil Service Retirement and Disability Fund the difference between the individual contributions that were actually made for such service and the individual contributions that should have been made for such service if the amendments made by subsection (a) had then been in effect. (B) Effect of not contributing If no part of or less than the full amount required under subparagraph (A) is paid, all prior service of the incumbent shall remain fully creditable as law enforcement officer service, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2) of title 5, United States Code, to the extent necessary to make up the amount unpaid. (C) Prior service defined For purposes of this subsection, the term prior service means, with respect to any individual who makes an election under paragraph (3)(B), service (described in paragraph (1)) performed by such individual before the date as of which appropriate retirement deductions begin to be made in accordance with such election. (5) Government contributions for prior service (A) In general If an incumbent makes an election under paragraph (3)(B), the agency in or under which that individual was serving at the time of any prior service (referred to in paragraph (4)) shall remit to the Office of Personnel Management, for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, the amount required under subparagraph (B) with respect to such service. (B) Amount required The amount an agency is required to remit is, with respect to any prior service, the total amount of additional Government contributions to the Civil Service Retirement and Disability Fund (above those actually paid) that would have been required if the amendments made by subsection (a) had then been in effect. (C) Contributions to be made ratably Government contributions under this paragraph on behalf of an incumbent shall be made by the agency ratably (on at least an annual basis) over the 10-year period beginning on the date referred to in paragraph (4)(C). (6) Exemption from mandatory separation Nothing in section 8335(b) or 8425(b) of title 5, United States Code, shall cause the involuntary separation of a law enforcement officer (as described in paragraph (1)) before the end of the 3-year period beginning on the date of the enactment of this Act. (7) Regulations The Office shall prescribe regulations to carry out this section, including— (A) provisions in accordance with which interest on any amount under paragraph (4) or (5) shall be computed, based on section 8334(e) of title 5, United States Code; and (B) provisions for the application of this subsection in the case of— (i) any individual who— (I) satisfies subparagraph (A) (but not subparagraph (B)) of paragraph (2); and (II) serves as a law enforcement officer (as described in paragraph (1)) after the date of the enactment of this Act; and (ii) any individual entitled to a survivor annuity (based on the service of an incumbent, or of an individual under clause (i), who dies before making an election under paragraph (3)(B)), to the extent of any rights that would then be available to the decedent (if still living). (8) Rule of construction Nothing in this subsection shall be considered to apply in the case of a reemployed annuitant. 641. Reestablishment of the United States Border Patrol anti-smuggling unit The Secretary of Homeland Security shall reestablish the Anti-Smuggling Unit within the Office of United States Border Patrol, and shall immediately staff such office with a minimum of 500 criminal investigators selected from within the ranks of the United States Border Patrol. Staffing levels shall be adjusted upward periodically in accordance with workload requirements. 642. Establishment of specialized criminal investigator occupations The Secretary of Homeland Security shall establish specialized Criminal Investigator occupations within the Department: one for the investigation of violations of immigration laws, another for customs laws, and a third for agriculture laws. These divisions shall coordinate closely with each other under the direction of a high-level official within the Department, but shall report to separate operational chains of command. 643. Establishment of career paths to criminal investigator positions The Secretary of Homeland Security shall ensure that all persons selected for criminal investigator positions within the Department of Homeland Security possess a minimum of 3 years of field experience within the Department or its predecessor agencies in the specialized area of law that will be investigated. 644. Additional immigration enforcement agents In each of fiscal years 2010 through 2014, the Secretary of Homeland Security shall increase by not less than 500 the number of positions for full-time active duty immigration enforcement agents responsible for transporting and guarding detained aliens above the number of such positions for which funds were allotted for the preceding fiscal year. 645. Increase United States Border Patrol agent and inspector pay (a) In general Effective as of the first day of the first applicable pay period beginning on or after the date of the enactment of this Act, the rate of basic pay for all employees of the Department of Homeland Security described in subsection (b) shall be increased in accordance with subsection (c). (b) Employees described This section applies to any individual who, as of the date of the enactment of this Act— (1) is a journey level United States Border Patrol agent or immigration, customs, or agriculture inspector within the Department of Homeland Security, whose primary duties consist of enforcing the immigration, customs, or agriculture laws of the United States; (2) has completed at least one year of service as a United States Border Patrol agent or inspector (whether as an employee of the Department of Homeland Security, the Department of Justice, or both agencies combined); and (3) is receiving an annual rate of basic pay for positions at GS–11 of the General Schedule under section 5332 of title 5, United States Code. (c) Increase described The basic rate of pay for the employees described in this subsection shall increase from the annual rate of basic pay for positions at GS–11 of the General Schedule to the annual rate of basic pay for positions at GS–13 of such schedule. 646. Fair Labor Standards Act overtime Notwithstanding any other provision of law, all overtime hours worked on and after the date of the enactment of this Act by all employees of the Department of Homeland Security who are at or below the second-line level of field supervision shall be compensated in accordance with the provisions of the Fair Labor Standards Act. D Enforcement tools To diminish entries using fraudulent documents and commercial alien smuggling 651. Foreign language training The Secretary of Homeland Security shall require all officers of the Department of Homeland Security who come into contact with aliens who have crossed the border illegally to take Spanish and other appropriate foreign language training courses to facilitate communication with the aliens. 652. Foreign language awards (a) Special rules The Secretary of Homeland Security shall apply section 4523 of title 5, United States Code, in conformance with the following: (1) Any law enforcement officer within the Department of Homeland Security whose primary duties involve— (A) the enforcement of the immigration laws of the United States, (B) the detention or transportation of violators of the immigration laws of the United States, or (C) both, shall, for purposes of such section 4523, be presumed to make substantial use of a foreign language in the performance of such officer’s official duties. (2) (A) Any individual who successfully completes a foreign language program as part of their agency-sponsored or agency-approved training shall be deemed to possess the foreign language proficiency necessary to qualify for an award under such section for so long as such individual serves as a law enforcement officer within the Department of Homeland Security. (B) Nothing in this paragraph shall, in the case of any individual who does not satisfy subparagraph (A), prevent such individual from being allowed to demonstrate foreign language proficiency in accordance with the criteria and procedures that would otherwise apply under such section. (3) For purposes of applying subsection (a) of such section 4523, substitute equal to for up to . (b) Definition For purposes of this section, the term law enforcement officer has the meaning given such term by section 4521 of such title 5. 653. Additional personnel for investigation of fraudulent schemes and document fraud The Secretary of Homeland Security shall hire at least 1000 additional investigators for investigating fraudulent schemes, including benefit application schemes, and fraudulent documents used to enter or remain in the United States unlawfully. 654. Establish a special task force for coordinating and distributing information on fraudulent immigration documents (a) In general The Secretary of Homeland Security shall establish a Fraudulent Documents Task Force to carry out the following: (1) Collect information from Federal, State, and local law enforcement agencies, and foreign governments on the production, sale, distribution and use of fraudulent documents intended to be used to enter, travel or remain within the United States unlawfully. (2) Maintain the information described in subpart (1) in a comprehensive database. (3) Maintain a repository of genuine and fraudulent travel and identity document exemplars. (4) Convert the information collected into reports that provide guidance to government officials in identifying fraudulent documents being used to enter into, travel within or remain in the United States. (5) Develop a system for distributing these reports on an ongoing basis to appropriate Federal, State, and local law enforcement agencies. (b) Distribution of information The task force will distribute the reports to appropriate Federal, State, and local law enforcement agencies on an ongoing basis. 655. New nonimmigrant visa classification to enable informants to enter the United States and remain temporarily (a) In general Section 101(a)(15)(S) ( 8 U.S.C. 1101(a)(15)(S) ) is amended (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the comma at the end and inserting ; or ; (3) by inserting after clause (ii) the following: (iii) who the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines— (I) is in possession of critical reliable information concerning a commercial alien smuggling organization or enterprise or a commercial operation for making or trafficking in documents to be used for entering or remaining in the United States unlawfully; (II) is willing to supply or has supplied such information to a Federal or State court; or (III) whose presence in the United States the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines is essential to the success of an authorized criminal investigation, the successful prosecution of an individual involved in the commercial alien smuggling organization or enterprise, or the disruption of such organization or enterprise or a commercial operation for making or trafficking in documents to be used for entering or remaining in the United States unlawfully. ; (4) by inserting , or with respect to clause (iii), the Secretary of Homeland Security, the Secretary of State, or the Attorney General after jointly ; and (5) by striking (i) or (ii) and inserting (i), (ii), or (iii) . (b) Admission of nonimmigrants Section 214(k) ( 8 U.S.C. 1184(k) ) is amended— (1) by adding at the end of paragraph (1) the following: The number of aliens who may be provided a visa as nonimmigrants under section 101(a)(15)(S)(iii) in any fiscal year may not exceed 400. ; and (2) by adding at the end the following: (5) If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that a nonimmigrant described in clause (iii) of section 101(a)(15)(S), or that of any family member of such a nonimmigrant who is provided nonimmigrant status pursuant to such section, must be protected, such official may take such lawful action as the official considers necessary to effect such protection. . 656. Adjustment of status when needed to protect informants Section 245(j) ( 8 U.S.C. 1255(j) ) is amended— (1) in paragraph (3), by striking (1) or (2), and inserting (1), (2), (3), or (4), ; (2) by redesignating paragraph (3) as paragraph (5); (3) by inserting after paragraph (2) the following: (3) if, in the opinion of the Secretary of Homeland Security, the Secretary of State, or the Attorney General— (A) a nonimmigrant admitted into the United States under section 101(a)(15)(S)(iii) has supplied information described in subclause (I) of such section; and (B) the provision of such information has substantially contributed to the success of a commercial alien smuggling investigation or an investigation of the sale or production of fraudulent documents to be used for entering or remaining in the United States unlawfully, the disruption of such an enterprise, or the prosecution of an individual described in subclause (III) of that section, the Secretary of Homeland Security may adjust the status of the alien (and the spouse, children, married and unmarried sons and daughters, and parents of the alien if admitted under that section) to that of an alien lawfully admitted for permanent residence if the alien is not described in section 212(a)(3)(E). (4) The Secretary of Homeland Security may adjust the status of a nonimmigrant admitted into the United States under section 101(a)(15)(S)(iii) (and the spouse, children, married and unmarried sons and daughters, and parents of the nonimmigrant if admitted under that section) to that of an alien lawfully admitted for permanent residence on the basis of a recommendation of the Secretary of State or the Attorney General. ; and (4) by adding at the end the following: (6) If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that a person whose status is adjusted under this subsection must be protected, such official may take such lawful action as the official considers necessary to effect such protection. . 657. Rewards program (a) Rewards program Section 274 ( 8 U.S.C. 1324 ) is amended by adding at the end the following: (f) Rewards program (1) In general There is established in the Department of Homeland Security a program for the payment of rewards to carry out the purposes of this section. (2) Purpose The rewards program shall be designed to assist in the elimination of commercial operations to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully and to assist in the investigation, prosecution, or disruption of a commercial alien smuggling operation. (3) Administration The rewards program shall be administered by the Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State. (4) Rewards authorized In the sole discretion of the Secretary of Homeland Security, such Secretary, in consultation, as appropriate, with the Attorney General and the Secretary of State, may pay a reward to any individual who furnishes information or testimony leading to— (A) the arrest or conviction of any individual conspiring or attempting to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully or to commit an act of commercial alien smuggling involving the transportation of aliens; (B) the arrest or conviction of any individual committing such an act; (C) the arrest or conviction of any individual aiding or abetting the commission of such an act; (D) the prevention, frustration, or favorable resolution of such an act, including the dismantling of an operation to produce or sell fraudulent documents to be used for entering or remaining in the United States, or commercial alien smuggling operations, in whole or in significant part; or (E) the identification or location of an individual who holds a key leadership position in an operation to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully or a commercial alien smuggling operation involving the transportation of aliens. (5) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subsection. Amounts appropriated under this paragraph shall remain available until expended. (6) Ineligibility An officer or employee of any Federal, State, local, or foreign government who, while in performance of his or her official duties, furnishes information described in paragraph (4) shall not be eligible for a reward under this subsection for such furnishing. (7) Protection measures If the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that an individual who furnishes information or testimony described in paragraph (4), or any spouse, child, parent, son, or daughter of such an individual, must be protected, such official may take such lawful action as the official considers necessary to effect such protection. (8) Limitations and certification (A) Maximum amount No reward under this subsection may exceed $100,000, except as personally authorized by the Secretary of Homeland Security. (B) Approval Any reward under this subsection exceeding $50,000 shall be personally approved by the Secretary of Homeland Security. (C) Certification for payment Any reward granted under this subsection shall be certified for payment by the Secretary of Homeland Security. . 658. Outreach program Section 274 (8 U.S.C. 1324), as amended by section 657, is further amended by adding at the end the following: (g) Outreach program The Secretary of Homeland Security, in consultation, as appropriate, with the Attorney General and the Secretary of State, shall develop and implement an outreach program to educate the public in the United States and abroad about— (1) the penalties for— (A) bringing in and harboring aliens in violation of this section; and (B) participating in a commercial operation for making, or trafficking in, documents to be used for entering or remaining in the United States unlawfully; and (2) the financial rewards and other incentives available for assisting in the investigation, disruption, or prosecution of a commercial smuggling operation or a commercial operation for making, or trafficking in, documents to be used for entering or remaining in the United States unlawfully. . VII Employment-based immigration 701. Unfair immigration-related employment practices Section 274B ( 8 U.S.C. 1324b ) is amended— (1) in subsection (a)(5)— (A) by amending the paragraph heading to read Prohibition of intimidation, retaliation, or unlawful discrimination in employment ; (B) by moving the text down and to the right 2 ems; (C) by inserting before such text the following: (A) I n general.— ; and (D) by adding at the end the following: (B) Federal labor or employment laws It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual’s immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act ( 29 U.S.C. 157 )), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right. (C) Discrimination based on immigration status It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual’s immigration status. ; and (2) in subsection (c)(2), by adding at the end the following: The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term Special Counsel includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000. . 702. Department of Labor task force The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary’s recommendations based on the study. 703. Recruitment of American workers Section 214 ( 8 U.S.C. 1184 ) is amended by adding at the end the following: (s) (1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised: (A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days. (B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems. (C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities. (2) (A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas. (B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an Office to Preserve American Jobs within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States. . VIII Fairness in Removal Proceedings 801. Right to counsel Section 292 (8 U.S.C. 1362) is amended by striking the matter after the section designation and inserting the following: In any bond, custody, detention, or removal proceedings before the Attorney General and in any appeal proceedings before the Attorney General from any such proceedings, the person concerned shall have the privilege of being represented (at no expense to the government) by such counsel, authorized to practice in such proceedings, as he shall choose. With consent of their clients, counsel may enter appearances limited to bond, custody, or other specific proceedings. . 802. Presumption in favor of withdrawal of application for admission Section 235(a)(4) ( 8 U.S.C. 1225(a)(4) ) is amended to read as follows: (4) Withdrawal of application for admission (A) Presumption in favor of withdrawal The Attorney General shall permit an alien applying for admission to withdraw the application and depart immediately from the United States at any time, unless an immigration judge has rendered a decision with respect to the admissibility of the alien, except that the Attorney General may deny permission for the withdrawal when warranted by unusual circumstances. (B) Permissive withdrawal Except as provided in subparagraph (A), an alien applying for admission may, in the discretion of the Attorney General and at any time after a decision described in such subparagraph has been rendered, be permitted to withdraw the application and depart immediately from the United States. . 803. Absences outside the control of the alien Section 101(a)(13)(C) (8 U.S.C. 1101(a)(13(C)) is amended by amending clause (ii) to read as follows: (ii) has been absent from the United States for a continuous period in excess of one year unless the alien’s return was impeded by emergency or extenuating circumstances outside the control of the alien, . 804. Reinstatement of removal orders against aliens illegally reentering Section 241(a)(5) ( 8 U.S.C. 1231(a)(5) ) is amended— (1) by inserting , after a hearing by an immigration judge, after If ; (2) by inserting , on or after September 30, 1996, after alien has ; (3) by striking is reinstated and inserting may be deemed to be reinstated ; (4) by striking and is not subject and all that follows through under this Act ; and (5) by striking the period at the end and inserting the following: subject to reopening and review of the previous order. Nothing in this section shall preclude an alien from applying for any relief from removal under this Act. . 805. Permanent application of Section 245 (i) Section 245(i) ( 8 U.S.C. 1255(i) ) is amended— (1) by inserting and at the end of paragraph (1)(A); (2) by amending paragraph (1)(B) to read as follows: (B) who is the beneficiary (including a spouse or child of the principal alien) of— (i) a petition for classification under section 204; or (ii) an application for a labor certification under section 212(a)(5)(A); ; (3) by striking paragraph (1)(C); and (4) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security . 806. Discretionary waiver of inadmissibility based on unlawful presence, failure to attend removal proceedings, and misrepresentations (a) In general Section 212(i) ( 8 U.S.C. 1182(i) ) is amended to read as follows: (i) The Secretary of Homeland Security may waive the application of subparagraph (A)(i) or (B), or clause (i) or (ii) of subparagraph (C), of subsection (a)(6) in the case of an immigrant who is the parent, spouse, child, son, or daughter of a United States citizen or of an alien lawfully admitted to the United States for permanent residence, if it is established to the satisfaction of the Secretary that the refusal of admission to the United States of such immigrant would result in hardship to the immigrant or to such citizen or lawful permanent resident parent, spouse, child, son, or daughter. . (b) Conforming amendments Section 212(a)(6) ( 8 U.S.C. 1182(a)(6) ) is amended— (1) in subparagraph (A), by adding at the end the following: (iii) Waiver authorized For a provision authorizing the waiver of clause (i), see subsection (i). ; (2) in subparagraph (B)— (A) by inserting (i) after the subparagraph heading; and (B) by adding at the end the following: (ii) Waiver authorized For a provision authorizing the waiver of clause (i), see subsection (i). ; and (3) in subparagraph (C)(iii), by inserting or (ii) after (i) . 807. Waiver of inadmissibility for minor criminal offenses Section 212(h) ( 8 U.S.C. 1182(h) ) is amended— (1) in the matter preceding paragraph (1), by striking offense of simple possession of 30 grams or less of marijuana and inserting controlled substance offense for which the alien was not incarcerated for a period exceeding 1 year ; and (2) by striking the final two sentences. 808. General waiver for aliens previously removed and for the unlawful presence bars (a) In general Section 212(d) ( 8 U.S.C. 1182(d) ) is amended by adding at the end the following: (14) The Secretary of Homeland Security may, in the discretion of the Secretary, for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive the application of subparagraph (A) or (B)(i) of subsection (a)(9). . (b) Conforming amendment Section 212(a)(9)(B) of such Act (8 U.S.C. 1182(a)(9)(B)) is amended by striking clause (v). 809. Waiver of aggravated felony consequences Section 101 ( 8 U.S.C. 1101 ) is amended by adding at the end the following: (j) For purposes of this Act, and notwithstanding subsection (a)(43), the Secretary of Homeland Security may treat any conviction that did not result in incarceration for more than 1 year as if such conviction were not a conviction for an aggravated felony. This discretion may be exercised for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest. . 810. Discretionary waiver to admit persons in unusual circumstances (a) New general waiver Section 212(d) ( 8 U.S.C. 1182(d) ) is amended by adding at the end the following: (15) The Secretary of Homeland Security may, in the discretion of such Secretary for humanitarian purposes, to assure family unity, or when it is otherwise in the public interest, waive the application of subparagraph (B) or (G) of subsection (a)(6), clause (i) or (ii) of subsection (a)(9)(A), or subsection (a)(9)(B)(i), in unusual circumstances. For purposes of the preceding sentence, an instance of battering or extreme cruelty is deemed to constitute unusual circumstances in the case where it is inflicted on an alien (or a child of an alien) by the alien’s United States citizen or lawful permanent resident spouse, parent, child, son, or daughter. . (b) Waiver for aliens previously removed (1) Certain aliens previously removed Section 212(a)(9)(A) ( 8 U.S.C. 1182(a)(9)(A) ) is amended by adding at the end the following: (iv) Waiver authorized For provision authorizing waiver of clause (i) or (ii), see subsection (d)(13). . (2) Aliens unlawfully present Section 212(a)(9)(B)(v) (8 U.S.C. 1182(A)(9)(B)(v)) is amended to read as follows: (v) Waiver authorized For provision authorizing waiver of clause (i), see subsection (d)(13). . 811. Restoration of suspension of deportation (a) Cancellation of removal Section 240A(a)(3) ( 8 U.S.C. 1229b(a)(3) ) is amended to read as follows: (3) has not been convicted of an aggravated felony for which the sentence imposed is five years or more. . (b) Repeal of rule for termination of continuous period (1) Section 240A(d)(1) ( 8 U.S.C. 1229b(d)(1) ) ( 8 U.S.C. 1229b(a) ) is repealed. (2) Section 240A(d) (8 U.S.C. 1229b) is amended— (A) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (B) by inserting before the period at the end of paragraph (1) (as redesignated) the following: , unless the alien’s departure from the United States was due to a temporary trip abroad required by emergency or extenuating circumstances outside the control of the alien . (c) Cancellation of removal and Adjustment for certain nonpermanent residents Section 240A(b)(1) ( 8 U.S.C. 1229b(b)(1) ) is amended to read as follows: (1) In general The Secretary of Homeland Security may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien— (A) has been physically present in the United States for a continuous period of— (i) 7 years immediately preceding the date of application in the case of an alien— (I) who is deportable on any ground other than a ground specified in clause (ii)(I); and (II) whose deportation would, in the opinion of the Attorney General, result in extreme hardship to the alien or the alien’s spouse, child, parent, son, or daughter, who is a citizen of the United States or an alien lawfully admitted for permanent residence; or (ii) 10 years immediately preceding the date of application in the case of an alien— (I) who is deportable for conviction of an offense under section 212(a)(2), 237(a)(2), or 237(a)(3); and (II) whose deportation would, in the opinion of the Attorney General, result in exceptional and extremely unusual hardship to the alien or the alien’s spouse, parent, child, son, or daughter, who is a citizen of the United States or an alien lawfully admitted for permanent residence; and (B) has been a person of good moral character during such period. . (d) Elimination of annual limitation Section 240A ( 8 U.S.C. 1229b ) is amended by striking subsection (e). IX Removal Grounds Based on Criminal Offenses 901. Definition of moral turpitude (a) Equitable Definition of Moral Turpitude (1) Conviction of certain crimes Section 212(a)(2)(A)(i) (8 U.S.C. 1182(a)(2)(A)(i)) is amended by striking of, or who admits having committed, or who admits committing acts which constitute the essential elements of— and inserting of— . (2) Exception Section 212(a)(2)(A)(ii)(II) ( 8 U.S.C. 1182(a)(2)(A)(ii)(II) ) is amended— (A) by striking the maximum and all that follows through such crime, ; and (B) by striking 6 months and inserting 1 year . (b) Equitable definition of crimes of moral turpitude Section 237(a)(2)(A)(i)(II) ( 8 U.S.C. 1227(a)(2)(A)(i)(II) ) is amended to read as follows: (II) for which the alien has been incarcerated for a period exceeding one year, . 902. Aggravated felony definitions (a) In General Section 101(a)(43) ( 8 U.S.C. 1101(a)(43) ) is amended by striking The term aggravated felony means— and inserting The term aggravated felony means a felony that is— . (b) Illicit trafficking Section 101(a)(43)(B) ( 8 U.S.C. 1101(a)(43)(B) ) is amended by striking Code); and inserting Code), except it does not include simple possession of a controlled substance; . (c) Crimes of violence and theft offenses Subparagraphs (F), (G), (R), and (S) of section 101(a)(43) ( 8 U.S.C. 1101(a)(43)(F) , (G), (R), and (S)) are each amended by striking imprisonment and all that follows through the semicolon and inserting imprisonment of more than five years; . (d) Corrupt organizations and gambling offenses Section 101(a)(43)(J) (8 U.S.C. 1101(a)(43)(J)) is amended by inserting more than five years after the words sentence of . (e) Alien smuggling Section 101(a)(43)(N) ( 8 U.S.C. 101(a)(43)(N) ) is amended— (1) by inserting committed for the purpose of commercial advantage, after smuggling), ; and (2) by adding at the end a semicolon. 903. Definitions of conviction and term of imprisonment Section 101(a)(48) ( 8 U.S.C. 1101(a)(48) ) is amended— (1) in subparagraph (A), by striking court and all that follows through the period at the end and inserting court. An adjudication or judgment of guilt that has been expunged, deferred, annulled, invalidated, withheld, or vacated, an order of probation without entry of judgment, or any similar disposition shall not be considered a conviction for purposes of this Act. ; and (2) in subparagraph (B)— (A) by inserting only after deemed to include ; and (B) by striking court of law and all that follows through the period at the end and inserting court of law. Any such reference shall not be deemed to include any suspension of the imposition or execution of that imprisonment or sentence in whole or in part. . (i) For purposes of this Act, and notwithstanding subsection (a)(43), the Attorney General may treat any conviction that did not result in incarceration for more than 1 year as if such conviction were not a conviction for an aggravated felony. . 904. Eliminating retroactive changes in removal grounds (a) Application of aggravated felony definition The last sentence of section 101(a)(43) ( 8 U.S.C. 1101(a)(43) ) is amended to read as follows: The term shall not apply to any offense that was not covered by the term on the date on which the offense occurred. . (b) Grounds of deportability Section 237 ( 8 U.S.C. 1227 ) is amended by adding at the end the following: (e) Notwithstanding any other provision of this section, an alien is not deportable by reason of committing any offense that was not a ground of deportability on the date the offense occurred. . (c) Grounds of inadmissibility Section 212 ( 8 U.S.C. 1182 ) is amended by adding at the end the following: (u) Notwithstanding any other provision of this section, an alien is not inadmissible by reason of committing any offense that was not a ground of inadmissibility on the date the offense occurred. . 905. Eliminating unfair retroactive changes in removal rules for persons previously removed (a) In general The Secretary of Homeland Security shall establish a process by which an alien described in subsection (b) may apply for reopening a proceeding so as to seek relief from exclusion, deportation, or removal under section 212(c) of the Immigration and Nationality Act ( 8 U.S.C. 1182(c) ) , as such section was in effect prior to the enactment of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104–132), or section 240A of the Immigration and Nationality Act ( 8 U.S.C. 1229b ), as amended by this Act. (b) Alien described An alien referred to in subsection (a) is an alien who received a final order of exclusion, deportation, or removal, or a decision on a petition for review or petition for habeas corpus, on or after September 30, 1996, and who was— (1) excluded, deported, or removed from the United States by reason of having committed a criminal offense that was not a basis for removal, exclusion, or deportation on the date on which the offense was committed; (2) excluded, deported, or removed from the United States by reason of having committed a criminal offense that is not a basis for removal, exclusion, or deportation on the date of enactment of this Act; or (3) excluded, deported, or removed from the United States by reason of having committed a criminal offense prior to April 24, 1996, for which there was relief from exclusion, deportation, or removal available prior to such date. (c) Parole The Secretary of Homeland Security may, in the Secretary’s discretion, exercise the parole authority under section 212(d)(5)(A) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens excluded, deported, or removed from the United States to participate in the process established under subsection (a), if the alien establishes prima facie eligibility for the relief. X Diversity Visas 1001. Increase in worldwide level of diversity immigrants Section 201(e) ( 8 U.S.C. 1151(e) ) is amended by striking 55,000 and inserting 110,000 . XI Haitian Parity 1101. Adjustment of status for Haitians (a) In general Chapter 5 of title II ( 8 U.S.C. 1255 et seq. ), as amended by section 202, is further amended by inserting after section 245C the following: 245D. Adjustment of status of certain Haitian nationals Notwithstanding the provisions of section 245(c), the status of any alien who is a national or citizen of Haiti, and who has been physically present in the United States for at least one year, may be adjusted by the Secretary of Homeland Security, in the Secretary’s discretion and under such regulations as the Secretary may prescribe, to that of an alien lawfully admitted for permanent residence, if the alien makes an application for such adjustment and the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence. Upon approval of such an application for adjustment of status, the Secretary shall create a record of the alien’s admission for permanent residence as of a date 30 months prior to the filing of such an application or the date of the alien’s last arrival into the United States, whichever date is later. The provisions of this Act shall be applicable to the spouse and child of any alien described in this section, regardless of their citizenship and place of birth, if the spouse or child is residing with such alien in the United States. . (b) Clerical amendment The table of contents as amended by section 202, is further amended by inserting after the item relating to section 245C the following: Sec. 245D. Adjustment of status of certain Haitian nationals. . (c) Sunset The amendments made by this section shall cease to be effective on the date that is 3 years after the date of the enactment of this Act. 1102. Limitation on bond discretion Section 236 (8 U.S.C. 1226) is amended by adding at the end the following: (f) Exercise of authority for arrest, detention, and release The Secretary of Homeland Security shall exercise the discretion afforded under subsection (a) on a case-by-case basis. If bond is to be denied on the ground that the alien’s release would give rise to adverse consequences for national security or national immigration policy, the finding of such adverse consequences shall be based on circumstances pertaining to the individual alien whose release is being considered. . 1103. Elimination of mandatory detention in expedited removal proceedings Section 235(b)(1)(B)(iii)(IV) (8 U.S.C. 1225(b)(1)(B)(iii)(IV)) is amended to read as follows: (IV) Detention Aliens subject to the procedures under this clause shall be detained in accordance with section 236. . 1104. Amendments to Haitian and Immigrant Fairness Act of 1998 (a) Ground for inadmissibility for document fraud does not apply The Haitian Refugee Immigration Fairness Act of 1998 ( 8 U.S.C. 1255 note) is amended in subsections (a)(1)(B) and (d)(1)(D) of section 902 by inserting (6)(C)(i), after (6)(A), . (b) Determinations with respect to children Section 902(d) of such Act is amended by adding at the end the following: (3) Determinations with respect to children (A) Use of application filing date Determinations made under this subsection as to whether an individual is a child of a parent shall be made using the age and status of the individual on the date of the enactment of this section. (B) Application submission by parent Notwithstanding paragraph (1)(C), an application under this subsection filed based on status as a child may be filed for the benefit of such child by a parent or guardian of the child, if the child is physically present in the United States on such filing date. . 1105. New applications and motions to reopen (a) New applications Notwithstanding section 902(a)(1)(A) of the Haitian and Immigrant Fairness Act of 1998 ( 8 U.S.C. 1255 note), an alien who is eligible for adjustment of status under such Act, as amended by section 804 of this Act, may submit an application for adjustment of status under such Act not later than the later of— (1) 2 years after the date of the enactment of this Act; and (2) 1 year after the date on which final regulations implementing section 804 are promulgated. (b) Motions To reopen The Secretary of Homeland Security shall establish procedures for the reopening and reconsideration of applications for adjustment of status under the Haitian Refugee Immigration Fairness Act of 1998 that are affected by the amendments made by section 1104 of this Act. (c) Relationship of application to certain orders Section 902(a)(3) of the Haitian and Immigrant Fairness Act of 1998 ( 8 U.S.C. 1255 note) shall apply to an alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily, and who files an application under subsection (a), or a motion under subsection (b), in the same manner as such section 902(a)(3) applied to aliens filing applications for adjustment of status under such Act before April 1, 2000. 1106. Temporary protected status for Haitians It is the sense of the Congress that the Secretary of Homeland Security should be more liberal with respect to Haiti in deciding whether to designate that country for temporary protected status under section 244(b)(1)(A) of the Immigration and Nationality ( 8 U.S.C. 1254(b)(1)(A) ). It is the sense of the Congress that this decision has sometimes been made without due regard to the serious threat to personal safety that results from sending Haitians back to Haiti during a period of ongoing armed conflict in that country. XII Fairness in asylum and refugee proceedings 1201. Refugee status for unmarried sons and daughters of refugees Section 207(c)(2) ( 8 U.S.C. 1157(c)(2) ) is amended by adding at the end the following: (C) When warranted by unusual circumstances or to preserve family unity, the Attorney General may, in the Attorney General’s discretion, consider an unmarried son or daughter of a refugee to be a child of the refugee for purposes of this paragraph. . 1202. Asylee status for unmarried sons and daughters of asylees Section 208(b)(3) ( 8 U.S.C. 1158(b)(3) ) is amended by adding at the end the following: (D) When warranted by unusual circumstances or to preserve family unity, the Secretary of Homeland Security may, in the Secretary’s discretion, consider an unmarried son or daughter of an alien who is granted asylum under this subsection to be a child of the alien for purposes of this paragraph. . 1203. Elimination of arbitrary time limits on asylum applications Section 208(a)(2) ( 8 U.S.C. 1158(a)(2) ) is amended— (1) by striking subparagraph (B); (2) in subparagraph (C), by striking (D), and inserting (C), ; (3) in subparagraph (D)— (A) by striking subparagraphs (B) and (C), and inserting subparagraph (B), ; (B) by striking either ; and (C) by striking asylum or extraordinary and all that follows through the period at the end and inserting asylum. ; and (4) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. 1204. Gender-based persecution (a) Treatment as refugee Section 101(a)(42) ( 8 U.S.C. 1101(a)(42) ) is amended by adding at the end the following: (C) For purposes of determinations under this Act, a person who establishes that he or she suffered persecution in the past, or has a well-founded fear of persecution, on account of gender shall be considered to have suffered persecution, or to have a well-founded fear of persecution, on account of membership in a particular social group. . (b) Restriction on removal to country where alien would be threatened Section 241(b)(3) ( 8 U.S.C. 1231(b)(3) ) is amended by adding at the end the following: (D) Gender-based persecution For purposes of determinations under this paragraph, an alien who establishes that the alien’s life or freedom would be threatened in a country on account of gender shall be considered to have established that the alien’s life or freedom would be threatened in that country on account of membership in a particular social group. . XIII Temporary protected status 1301. Adjustment of status for certain recipients of temporary protected status (a) In general Section 245 ( 8 U.S.C. 1255 ) is amended by adding at the end the following: (n) (1) If, in the opinion of the Secretary of the Homeland Security Department, a person granted temporary protected status under section 244— (A) has been physically present in the United States in that status for a continuous period of at least 5 years; (B) has at all times been a person of good moral character; (C) has never been convicted of a criminal offense in the United States; (D) in the case of an alien who is 18 years of age or older, but who is not over the age of 65, has successfully completed a course on reading, writing, and speaking words in ordinary usage in the English language, unless unable to do so on account of physical or developmental disability or mental impairment; (E) in the case of an alien 18 years of age or older, has accepted the values and cultural life of the United States; and (F) in the case of an alien 18 years of age or older, has performed at least 40 hours of community service; the Secretary may adjust the status of the alien to that of an alien lawfully admitted for permanent residence. (2) An alien shall not be considered to have failed to maintain a continuous presence in the United States for purposes of subsection (a)(1) by virtue of brief, casual, and innocent absences from the United States. (3) (A) The alien shall establish that the alien is admissible to the United States as immigrant, except as otherwise provided in paragraph (2). (B) The provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7)(A), (9)(B), and (9)(C)(i)(I) of section 212(a) shall not apply in the determination of an alien’s admissibility under this section. (4) When an alien is granted lawful permanent resident status under this subsection, the number of immigrant visas authorized to be issued under any provision of this Act shall not be reduced. The numerical limitations of sections 201 and 202 shall not apply to adjustment of status under this section. (5) The Secretary of Homeland Security may terminate removal proceedings without prejudice pending the outcome of an alien’s application for adjustment of status under this section on the basis of a prima facie showing of eligibility for relief under this section. . (b) Limitation on consideration in the Senate of legislation adjusting status Section 244 ( 8 U.S.C. 1254a ) is amended by striking subsection (h) and redesignating subsection (i) as subsection (h). 1302. Foreign State designations Section 244(b)(1)(C) ( 8 U.S.C. 1254a(b)(1)(C) ) is amended by striking the Attorney General finds that there exist extraordinary and temporary conditions in the foreign state that prevent aliens who are nationals of the state from returning to the state in safety, and inserting the Secretary of Homeland Security finds that extraordinary and temporary conditions in the foreign state make returning aliens to the state undesirable for humanitarian reasons, . XIV Miscellaneous provisions 1401. Naturalization provisions (a) Physical presence requirement Section 316 ( 8 U.S.C. 1427 ) is amended by adding at the end the following: (g) When warranted by extraordinary circumstances, the Secretary of Homeland Security may reduce, by not more than 90 days, the physical presence requirement described in the preceding sentence. . (b) Absences from the United States Section 316(b) ( 8 U.S.C. 1427(b) ) is amended— (1) in the first sentence, by striking one year and inserting 18 months ; and (2) in the second sentence, by striking continuous period of one year and inserting continuous period of 18 months . 1402. Preventing inappropriate State and local government involvement in the enforcement of civil immigration provisions under the Immigration and Nationality Act (a) Elimination of ban on State and local governments from preventing communications with the Department of Homeland Security (1) In general Section 642 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1373 ) is repealed. (2) Verification of eligibility for Federal public benefits Section 432 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1642) is repealed. (b) Elimination of authority To permit State personnel To carry out immigration officer functions Section 287(g) ( 8 U.S.C. 1357(g) ) is repealed. 1403. Nonimmigrant category for fashion models (a) Elimination of H–1B classification for fashion models Section 101(a)(15)(H)(i)(b) (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended— (1) by striking or as a fashion model ; and (2) by striking or, in the case of a fashion model, is of distinguished merit and ability . (b) New classification Section 101(a)(15)(O) ( 8 U.S.C. 1101(a)(15)(O) ) is amended— (1) in clause (iii), by striking clause (i) or (ii) and inserting clause (i), (ii), or (iii) and by redesignating clause (iii) as clause (iv); and (2) by inserting after clause (ii) the following new clause: (iii) is a fashion model who is of distinguished merit and ability and who is seeking to enter the United States temporarily to perform fashion modeling services that involve events or productions which have a distinguished reputation or that are performed for an organization or establishment that has a distinguished reputation for, or a record of, utilizing prominent modeling talent; or . (c) Effective date and implementation (1) In general The amendments made by this section shall take effect on the date of the enactment of this Act. (2) Regulations, guidelines, and precedents The regulations, guidelines, and precedents in effect on the date of the enactment of this Act for the adjudication of petitions for fashion models under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H)(i)(b) ) shall be applied to petitions for fashion model under section 101(a)(15)(O)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(O)(iii) ), as added by this section, except that the duration of status approvals shall be based on regulations applicable to other occupations under section 101(a)(15)(O) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(O) ). (3) Construction Nothing in this section, or the amendments made by this section, shall be construed as preventing an alien who is a fashion model from obtaining nonimmigrant status under section 101(a)(15)(O)(i) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)(i)) if such alien is otherwise qualified for such status. (4) Treatment of pending petitions Petitions filed on behalf of fashion models under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) that are pending on the date of the enactment of this Act shall be treated as if they had been filed under section 101(a)(15)(O)(iii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)(iii)), as added by this section. (5) Visa validity period The validity period for visas issued to beneficiaries of petitions filed under section 101(a)(15)(O)(iii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(O)(iii) ) shall be for the full period of approval notwithstanding the reciprocity validity periods that would otherwise be applicable. | https://www.govinfo.gov/content/pkg/BILLS-113hr1525ih/xml/BILLS-113hr1525ih.xml |
113-hr-1526 | I 113th CONGRESS 1st Session H. R. 1526 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Hastings of Washington (for himself, Mrs. McMorris Rodgers , Ms. Herrera Beutler , Mr. Ribble , Mr. LaMalfa , Mr. McClintock , Mr. Southerland , Mr. Daines , Mr. Thompson of Pennsylvania , Mr. Young of Alaska , Mr. Griffith of Virginia , Mr. Gosar , Mr. Gohmert , Mr. Pearce , Mr. Bishop of Utah , and Mrs. Lummis ) introduced the following bill; which was referred to the Committee on Agriculture , 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 restore employment and educational opportunities in, and improve the economic stability of, counties containing National Forest System land, while also reducing Forest Service management costs, by ensuring that such counties have a dependable source of revenue from National Forest System land, to provide a temporary extension of the Secure Rural Schools and Community Self-Determination Act of 2000, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Restoring Healthy Forests for Healthy Communities Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Establishment of Forest Reserve Revenue Areas and annual volume requirements. Sec. 4. Management of Forest Reserve Revenue Areas. Sec. 5. Distribution of forest reserve revenues. Sec. 6. Extension of Secure Rural Schools and Community Self-Determination Act of 2000 pending full operation of Forest Reserve Revenue Areas. 2. Definitions In this Act: (1) Annual volume requirement (A) In general The term annual volume requirement , with respect to a Forest Reserve Revenue Area, means a volume of national forest materials no less than 50 percent of the sustained yield of the Forest Reserve Revenue Area. (B) Exclusions In determining the volume of national forest materials or the sustained yield of a Forest Reserve Revenue Area, the Secretary may not include non-commercial post and pole sales and personal use firewood. (2) Beneficiary county The term beneficiary county means a political subdivision of a State that, on account of containing National Forest System land, was eligible to receive payments through the State under title I of the Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7111 et seq. ). (3) Catastrophic event The term catastrophic event means an event (including severe fire, insect or disease infestations, windthrow, or other extreme weather or natural disaster) that the Secretary determines will cause or has caused substantial damage to National Forest System land or natural resources on National Forest System land. (4) Community wildfire protection plan The term community wildfire protection plan has the meaning given that term in section 101 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6511 ). (5) Covered forest reserve project The terms covered forest reserve project and covered project mean a project involving the management or sale of national forest materials within a Forest Reserve Revenue Area to generate forest reserve revenues and achieve the annual volume requirement for the Forest Reserve Revenue Area. (6) Forest reserve revenue area (A) In general The term Forest Reserve Revenue Area means National Forest System land in a unit of the National Forest System designated for sustainable forest management for the production of national forest materials and forest reserve revenues. (B) Inclusions Subject to subparagraph (C), but otherwise notwithstanding any other provision of law, including executive orders and regulations, the Secretary shall include in Forest Reserve Revenue Areas all National Forest System lands identified as commercial forest land capable of producing twenty cubic feet of timber per acre. (C) Exclusions A Forest Reserve Revenue Area may not include National Forest System land— (i) that is a component of the National Wilderness Preservation System; or (ii) on which the removal of vegetation is specifically prohibited by Federal statute. (7) Forest reserve revenues The term forest reserve revenues means revenues derived from the sale of national forest materials in a Forest Reserve Revenue Area. (8) National forest materials The term national forest materials has the meaning given that term in section 14(e)(1) of the National Forest Management Act of 1976 (16 U.S.C. 472a(e)(1)). (9) National forest system The term National Forest System has the meaning given that term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ), except that the term does not include the National Grasslands and land utilization projects designated as National Grasslands administered pursuant to the Act of July 22, 1937 (7 U.S.C. 1010–1012). (10) Secretary The term Secretary means the Secretary of Agriculture. (11) Sustained yield The term sustained yield means the annual growth of the forest calculated on the basis of the culmination of mean annual increment using cubic measurement or other methods at the sole discretion of the Secretary. (12) State The term State includes the Commonwealth of Puerto Rico. (13) 25-percent payment The term 25-percent payment means the payment to States required by the sixth paragraph under the heading of FOREST SERVICE in the Act of May 23, 1908 (35 Stat. 260; 16 U.S.C. 500), and section 13 of the Act of March 1, 1911 (36 Stat. 963; 16 U.S.C. 500). 3. Establishment of Forest Reserve Revenue Areas and annual volume requirements (a) Establishment of Forest Reserve Revenue Areas Not later than 60 days after the date of enactment of this Act, the Secretary shall establish one or more Forest Reserve Revenue Areas within each unit of the National Forest System. (b) Purpose The purpose of a Forest Reserve Revenue Area is to provide a dependable source of 25-percent payments and economic activity for each beneficiary county containing National Forest System land. (c) Fiduciary responsibility The Secretary shall have a fiduciary responsibility to beneficiary counties to manage Forest Reserve Revenue Areas to satisfy the annual volume requirement. (d) Determination of annual volume requirement Not later than 30 days after the date of the establishment of a Forest Reserve Revenue Area, the Secretary shall determine the annual volume requirement for that Forest Reserve Revenue Area. (e) Limitation on reduction of forest reserve revenue areas Once a Forest Reserve Revenue Area is established under subsection (a), the Secretary may not reduce the number of acres of National Forest System land included in that Forest Reserve Revenue Area. (f) Map The Secretary shall provide a map of all Forest Reserve Revenue Areas established under subsection (a) for each unit of the National Forest System to— (1) the Committee on Agriculture and the Committee on Natural Resources of the House of Representatives; and (2) the Committee on Agriculture, Nutrition, and Forestry and the Committee on Energy and Natural Resources of the Senate. (g) Recognition of Valid and Existing Rights Neither the establishment of Forest Reserve Revenue Areas under subsection (a) nor any other provision of this Act shall be construed to limit or restrict— (1) access to National Forest System land for hunting, fishing, recreation, and other related purposes; or (2) valid and existing rights regarding National Forest System land, including rights of any federally recognized Indian tribe. 4. Management of Forest Reserve Revenue Areas (a) Requirement To achieve annual volume requirement Effective for fiscal year 2014 and each fiscal year thereafter, the Secretary shall manage each Forest Reserve Revenue Area in the manner necessary to achieve the annual volume requirement for the Forest Reserve Revenue Area. The Secretary is authorized and encouraged to commence covered forest reserve projects as soon as practicable after the date of the enactment of this Act to begin generating forest reserve revenues. (b) Standards for projects within forest reserve revenue areas The Secretary shall conduct covered forest reserve projects within Forest Reserve Revenue Areas in accordance with this section, which shall serve as the sole means by which the Secretary will comply with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4331 et seq. ) and other laws applicable to the covered projects. (c) Environmental analysis process for projects in forest reserve revenue areas (1) Environmental Assessment The Secretary shall give published notice and complete an environmental assessment pursuant to section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)) for a covered forest reserve project proposed to be conducted within a Forest Reserve Revenue Area, except that the Secretary is not required to study, develop, or describe any alternative to the proposed agency action. (2) Cumulative effects The Secretary shall consider cumulative effects solely by evaluating the impacts of a proposed covered forest reserve project combined with the impacts of any other projects that were approved with a Decision Notice or Record of Decision before the date on which the Secretary published notice of the proposed covered project. The cumulative effects of past projects may be considered in the environmental assessment by using a description of the current environmental conditions. (3) Length The environmental assessment prepared for a proposed covered forest reserve project shall not exceed 100 pages in length. The Secretary may incorporate in the environmental assessment, by reference, any documents that the Secretary determines, in the sole discretion of the Secretary, are relevant to the assessment of the environmental effects of the covered project. (4) Deadline for completion The Secretary shall complete the environmental assessment for a covered forest reserve project within 180 days after the date on which the Secretary published notice of the proposed covered project. (5) Categorical exclusion A covered forest reserve project that is proposed in response to a catastrophic event, is identified within a community wildfire protection plan, or that covers an area of 10,000 acres or less shall be categorically excluded from the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). (d) Application of land and resource management plan A covered forest reserve project shall be implemented consistent with the standards and guidelines contained in the land and resource management plan for the unit of the National Forest System in which the covered project will be carried out, except that— (1) section 6(g)(3)(E)(iv) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604(g)(3)(E)(iv) ) shall not apply; and (2) the Secretary may comply with section 14(g) of the National Forest Management Act of 1976 (16 U.S.C. 472(a)(g)) by using designation-by-prescription. (e) Compliance with endangered species act (1) Non-jeopardy assessment If the Secretary determines that a concern exists that a proposed covered forest reserve project may affect the continued existence of any species listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533), the Secretary shall issue a determination explaining the view of the Secretary that the proposed covered project will not jeopardize the continued existence of the species. (2) Submission, review, and response (A) Submission The Secretary shall submit a determination issued by the Secretary under paragraph (1) to the Secretary of the Interior or the Secretary of Commerce, as appropriate. (B) Review and response Within 30 days after receiving a determination under subparagraph (A), the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall provide a written response to the Secretary concurring in or rejecting the Secretary’s determination. If the Secretary of the Interior or the Secretary of Commerce rejects the determination, the written response shall include recommendations for measures that— (i) will avoid the likelihood of jeopardy to, or adverse modification of the habitat of, an endangered or threatened species; (ii) can be implemented in a manner consistent with the intended purpose of the covered forest reserve project; (iii) can be implemented consistent with the scope of the Secretary’s legal authority and jurisdiction; and (iv) are economically and technologically feasible. (3) Formal consultation If the Secretary of the Interior or the Secretary of Commerce rejects a determination issued by the Secretary under paragraph (1), the Secretary of the Interior or the Secretary of Commerce also is required to engage in formal consultation with the Secretary. The Secretaries shall complete such consultation pursuant to section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) within 90 days after the submission of the written response under paragraph (2). (f) Administrative and judicial review (1) Administrative review Administrative review of a covered forest reserve project shall occur only in accordance with the special administrative review process established under section 105 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6515 ). (2) Judicial review (A) In general Judicial review of a covered forest reserve project shall occur in accordance with section 106 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6516 ). (B) Bond required A plaintiff challenging a covered forest reserve project shall be required to post a bond or other security acceptable to the court for the reasonably estimated costs, expenses, and attorneys fees of the Secretary as defendant. All proceedings in the action shall be stayed until the security is given. If the plaintiff has not complied with the order to post such bond or other security within 90 days after the date of service of the order, then the action shall be dismissed with prejudice. (C) Recovery If the Secretary prevails in the case, the Secretary shall submit to the court a motion for payment of all litigation expenses. 5. Distribution of forest reserve revenues Forest reserve revenues generated by a covered forest reserve project shall be used by the Secretary— (1) to make deposits into the fund established under section 3 of the Act of June 9, 1930 (16 U.S.C. 576b; commonly known as the Knutson-Vandenberg Fund) and the fund established under section 14(h) of the National Forest Management Act of 1976 (16 U.S.C. 472a(h); commonly known as the salvage sale fund) in contributions equal to the monies otherwise collected under those Acts for projects conducted on National Forest System land; and (2) to make 25-percent payments to States for the benefit of beneficiary counties. 6. Extension of Secure Rural Schools and Community Self-Determination Act of 2000 pending full operation of Forest Reserve Revenue Areas The Secure Rural Schools and Community Self-Determination Act of 2000 ( 16 U.S.C. 7101 et seq. ) is amended— to be supplied | https://www.govinfo.gov/content/pkg/BILLS-113hr1526ih/xml/BILLS-113hr1526ih.xml |
113-hr-1527 | I 113th CONGRESS 1st Session H. R. 1527 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Rangel (for himself, Mrs. Napolitano , Mr. McDermott , Mr. Polis , Mr. Vargas , Mr. Pascrell , Mr. Grijalva , Ms. Clarke , Mr. Kind , Ms. Bordallo , Mr. Ellison , Mr. Conyers , and Ms. Wilson 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 increase the deduction allowed for student loan interest.
1. Short title This Act may be cited as the Student Loan Interest Deduction Act of 2013 . 2. Increase in deduction for student loan interest (a) Increase in dollar limitation and repeal of limitation based on income Subsection (b) of section 221 of the Internal Revenue Code of 1986 is amended to read as follows: (b) Maximum deduction The deduction allowed by subsection (a) for the taxable year shall not exceed $5,000 ($10,000 in the case of a joint return). . (b) Conforming amendments Section 221 of such Code is amended by striking subsections (e) and (f) (relating to special rules and inflation adjustments, respectively) and inserting the following new subsection: (e) Denial of double benefit No deduction shall be allowed under this section for any amount for which a deduction is allowable under any other provision of this chapter. . (c) Effective date The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1527ih/xml/BILLS-113hr1527ih.xml |
113-hr-1528 | I 113th CONGRESS 1st Session H. R. 1528 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Schrader (for himself, Mr. Yoho , Mrs. Hartzler , Mrs. Blackburn , Mr. Rodney Davis of Illinois , Mr. King of Iowa , Mr. Collins of New York , and Mr. Pierluisi ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Controlled Substances Act to allow a veterinarian to transport and dispense controlled substances in the usual course of veterinary practice outside of the registered location.
1. Short title This Act may be cited as the Veterinary Medicine Mobility Act of 2013 . 2. Transport and dispensing of controlled substances in the usual course of veterinary practice Section 302(e) of the Controlled Substances Act ( 21 U.S.C. 822(e) ) is amended— (1) by striking (e) and inserting (e)(1) ; and (2) by adding at the end the following: (2) Notwithstanding paragraph (1), a registrant who is a veterinarian shall not be required to have a separate registration in order to transport and dispense controlled substances in the usual course of veterinary practice at a site other than the registrant’s registered principal place of business or professional practice, so long as the site of dispensing is located in a State where the veterinarian is licensed to practice veterinary medicine. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1528ih/xml/BILLS-113hr1528ih.xml |
113-hr-1529 | I 113th CONGRESS 1st Session H. R. 1529 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Castro of Texas (for himself and Mr. Hinojosa ) introduced the following bill; which was referred to the Committee on Education and the Workforce A BILL To amend the Higher Education Act of 1965 to exempt certain State-provided loan programs from being subject to preferred lender arrangement requirements.
1. Short title This Act may be cited as the Student Aid Expansion Act of 2013 . 2. Exemption of certain State-provided loan programs from preferred lender arrangement requirements Section 151(8)(B) of the Higher Education Act of 1965 ( 20 U.S.C. 1019(8)(B) ) is amended— (1) in clause (i), by striking or at the end; (2) in clause (ii), by striking the period and inserting ; or ; and (3) by adding at the end the following new clause: (iii) arrangements or agreements with respect to interest-free private education loans that are provided and administered by a State and that are eligible for complete forgiveness under conditions determined by such State. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1529ih/xml/BILLS-113hr1529ih.xml |
113-hr-1530 | I 113th CONGRESS 1st Session H. R. 1530 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Rodney Davis of Illinois (for himself, Mr. McNerney , Mr. Bera of California , and Mrs. Negrete McLeod ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To ensure that individuals who are in an authorized job training program or completing work for a degree or certificate remain eligible for regular unemployment compensation.
1. Short title This Act may be cited as the Opportunity Kindling New Options for Career and Knowledge Seekers Act or the Opportunity KNOCKS Act . 2. Purpose The purpose of this Act is to allow people to seek the training needed in order to find a full time job that allows them to go off of unemployment compensation. 3. Approved training (a) In general Section 3304 of the Internal Revenue Code of 1986 ( 26 U.S.C. 3304 ) is amended by adding at the end the following new subsection: (g) Approved training (1) In general For purposes of subsection (a)(8)— (A) the term training includes any of the educational or job training programs described in paragraph (2), and (B) such programs shall be treated as approved by the State agency. (2) Educational or job training programs The programs described in this paragraph are— (A) any program on the State's eligible training provider list developed under section 122 of the Workforce Investment Act of 1998; or (B) for purposes of an individual who has been identified as likely to exhaust regular compensation, any coursework necessary to attain a recognized postsecondary credential. (3) Recognized postsecondary credential For purposes of this subsection, the term recognized postsecondary credential means a credential consisting of an industry-recognized certificate, a certificate of completion of an apprenticeship, or an associate or baccalaureate degree. . (b) Extended compensation Section 202(a) of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) is amended by inserting at the end the following new paragraph: (8) Notwithstanding the provisions of paragraph (2), a State agency may elect to approve programs described in subsection (g)(2) of section 3304 of the Internal Revenue Code of 1986 for purposes of training included under subsection (a)(8) of such section. . (c) Emergency unemployment compensation Section 4001(d)(2) of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended— (1) in subparagraph (A), by striking and at the end; and (2) by inserting at the end the following new subparagraph: (C) that a State agency may elect to approve programs described in subsection (g)(2) of section 3304 of the Internal Revenue Code of 1986 for purposes of training included under subsection (a)(8) of such section; and . (d) Effective date The amendments made by this section shall take effect 2 years after the date of the enactment of this Act. 4. Notification to unemployed individuals (a) In general To the extent feasible and practicable, the State agency shall provide that applications for regular compensation include information regarding the availability of such compensation during periods in which an individual is engaged in training that has been approved by the State agency, as described in section 3304(a)(8) of the Internal Revenue Code of 1986 ( 26 U.S.C. 3304(a)(8) ). (b) Definitions For purposes of this section, the terms regular compensation and State agency have the same meanings as in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. | https://www.govinfo.gov/content/pkg/BILLS-113hr1530ih/xml/BILLS-113hr1530ih.xml |
113-hr-1531 | I 113th CONGRESS 1st Session H. R. 1531 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Ms. DeLauro (for herself, Mr. Bishop of Georgia , Ms. Bordallo , Mr. Braley of Iowa , Ms. Brown of Florida , Mrs. Capps , Mr. Carson of Indiana , Ms. Castor of Florida , Ms. Chu , Mr. Clay , Mr. Cohen , Mr. Connolly , Mr. Conyers , Mr. Cooper , Ms. DeGette , Mr. Dingell , Ms. Edwards , Mr. Ellison , Mr. Engel , Mr. Farr , Ms. Fudge , Mr. Grijalva , Mr. Hastings of Florida , Mr. Higgins , Mr. Himes , Mr. Holt , Mr. Israel , Ms. Jackson Lee , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Ms. Kaptur , Mr. Langevin , Mr. Larson of Connecticut , Ms. Lee of California , Mr. Levin , Mr. Lewis , Mr. LoBiondo , Mr. Loebsack , Ms. Lofgren , Mrs. Lowey , Mrs. Carolyn B. Maloney of New York , Mr. Markey , Mr. McGovern , Mr. McIntyre , Ms. Moore , Mr. Moran , Mr. Nadler , Mrs. Napolitano , Mr. Neal , Mr. Pastor of Arizona , Mr. Payne , Ms. Pingree of Maine , Mr. Price of North Carolina , Mr. Rahall , Mr. Rangel , Ms. Roybal-Allard , Mr. Ruppersberger , Mr. Rush , Mr. Ryan of Ohio , Mr. Sablan , Ms. Linda T. Sánchez of California , Mr. Sarbanes , Ms. Schakowsky , Mr. Schiff , Ms. Schwartz , Mr. David Scott of Georgia , Mr. Serrano , Mr. Sherman , Ms. Slaughter , Ms. Speier , Ms. Tsongas , Mr. Van Hollen , Ms. Wasserman Schultz , Ms. Wilson of Florida , and Mr. Young of Alaska ) introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committees on Ways and Means and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require that health plans provide coverage for a minimum hospital stay for mastectomies, lumpectomies, and lymph node dissection for the treatment of breast cancer and coverage for secondary consultations.
1. Short title This Act may be cited as the Breast Cancer Patient Protection Act of 2013 . 2. Findings Congress finds the following: (1) According to the National Cancer Institute, excluding cancers of the skin, breast cancer is the most frequently diagnosed cancer in women. (2) According to the National Cancer Institute, an estimated 39,510 women and 410 men died from breast cancer in 2012. (3) According to the National Cancer Institute, in 2012 an estimated 226,870 new cases of breast cancer were diagnosed in women, and an estimated 2,190 breast cancer cases were diagnosed in men. (4) According to the American Cancer Society, most breast cancer patients undergo some type of surgical treatment, which may involve lumpectomy or mastectomy with removal of some of the axillary lymph nodes. (5) The offering and operation of health plans affect commerce among the States. (6) Health care providers located in a State serve patients who reside in the State and patients who reside in other States. (7) In order to provide for uniform treatment of health care providers and patients among the States, it is necessary to cover health plans operating in one State as well as health plans operating among the several States. (8) Research has indicated that treatment for breast cancer varies according to type of insurance coverage and State of residence. (9) Breast cancer patients have reported adverse outcomes, including infection and inadequately controlled pain, resulting from premature hospital discharge following breast cancer surgery. 3. Amendments to the Employee Retirement Income Security Act of 1974 (a) In general Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1185 et seq. ) is amended by adding at the end the following: 716. Required coverage for minimum hospital stay for mastectomies, lumpectomies, and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations (a) Inpatient care (1) In general A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides medical and surgical benefits shall ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy is provided for breast cancer treatment. Such plan or coverage may not— (A) insofar as the attending physician, in consultation with the patient, determines it to be medically necessary— (i) restrict benefits for any hospital length of stay in connection with a mastectomy or breast conserving surgery (such as a lumpectomy) for the treatment of breast cancer to less than 48 hours; or (ii) restrict benefits for any hospital length of stay in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours; or (B) require that a provider obtain authorization from the plan or the issuer for prescribing any length of stay required under this paragraph. (2) Exception Nothing in this section shall be construed as requiring the provision of inpatient coverage if the attending physician, in consultation with the patient, determines that either a shorter period of hospital stay, or outpatient treatment, is medically appropriate. (b) Prohibition on certain modifications In implementing the requirements of this section, a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not modify the terms and conditions of coverage based on the determination by a participant or beneficiary to request less than the minimum coverage required under subsection (a). (c) Notice A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in the summary of the plan made available or distributed by the plan or issuer and shall be transmitted— (1) in the next mailing made by the plan or issuer to the participant or beneficiary; or (2) as part of any yearly informational packet sent to the participant or beneficiary; whichever is earlier. (d) Secondary consultations (1) In general A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides coverage with respect to medical and surgical services provided in relation to the diagnosis and treatment of cancer shall ensure that coverage is provided for secondary consultations, on terms and conditions that are no more restrictive than those applicable to the initial consultations, by specialists in the appropriate medical fields (including pathology, radiology, and oncology) to confirm or refute such diagnosis. Such plan or issuer shall ensure that coverage is provided for such secondary consultation whether such consultation is based on a positive or negative initial diagnosis. In any case in which the attending physician certifies in writing that services necessary for such a secondary consultation are not sufficiently available from specialists operating under the plan with respect to whose services coverage is otherwise provided under such plan or by such issuer, such plan or issuer shall ensure that coverage is provided with respect to the services necessary for the secondary consultation with any other specialist selected by the attending physician for such purpose at no additional cost to the individual beyond that which the individual would have paid if the specialist was participating in the network of the plan. (2) Exception Nothing in paragraph (1) shall be construed as requiring the provision of secondary consultations where the patient determines not to seek such a consultation. (e) Prohibition on penalties or incentives A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not— (1) penalize or otherwise reduce or limit the reimbursement of a provider or specialist because the provider or specialist provided care to a participant or beneficiary in accordance with this section; (2) provide financial or other incentives to a physician or specialist to induce the physician or specialist to keep the length of inpatient stays of patients following a mastectomy, lumpectomy, or a lymph node dissection for the treatment of breast cancer below certain limits or to limit referrals for secondary consultations; or (3) provide financial or other incentives to a physician or specialist to induce the physician or specialist to refrain from referring a participant or beneficiary for a secondary consultation that would otherwise be covered by the plan or coverage involved under subsection (d). . (b) Clerical amendment The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 715 the following: Sec. 716. Required coverage for minimum hospital stay for mastectomies, lumpectomies, and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations. . (c) Effective dates (1) In general The amendments made by this section shall apply with respect to plan years beginning on or after the date that is 90 days after the date of enactment of this Act. (2) Special rule for collective bargaining agreements In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act). For purposes of this paragraph, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. 4. Amendments to the Public Health Service Act (a) In general Title XXVII of the Public Health Service Act is amended by inserting after section 2728 of such Act ( 42 U.S.C. 300gg–28 ), as redesignated by section 1001(2) of the Patient Protection and Affordable Care Act ( Public Law 111–148 ), the following: 2729. Required coverage for minimum hospital stay for mastectomies, lumpectomies, and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations (a) Inpatient care (1) In general A group health plan, and a health insurance issuer providing group or individual health insurance coverage, that provides medical and surgical benefits shall ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy is provided for breast cancer treatment. Such plan or coverage may not— (A) insofar as the attending physician, in consultation with the patient, determines it to be medically necessary— (i) restrict benefits for any hospital length of stay in connection with a mastectomy or breast conserving surgery (such as a lumpectomy) for the treatment of breast cancer to less than 48 hours; or (ii) restrict benefits for any hospital length of stay in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours; or (B) require that a provider obtain authorization from the plan or the issuer for prescribing any length of stay required under this paragraph. (2) Exception Nothing in this section shall be construed as requiring the provision of inpatient coverage if the attending physician, in consultation with the patient, determines that either a shorter period of hospital stay, or outpatient treatment, is medically appropriate. (b) Prohibition on certain modifications In implementing the requirements of this section, a group health plan, and a health insurance issuer providing group or individual health insurance coverage, may not modify the terms and conditions of coverage based on the determination by a participant or beneficiary to request less than the minimum coverage required under subsection (a). (c) Notice A group health plan, and a health insurance issuer providing group or individual health insurance coverage, shall provide notice to each participant and beneficiary under such plan or coverage regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in the summary of the plan or coverage made available or distributed by the plan or issuer and shall be transmitted— (1) in the next mailing made by the plan or issuer to the participant or beneficiary; or (2) as part of any yearly informational packet sent to the participant or beneficiary; whichever is earlier. (d) Secondary consultations (1) In general A group health plan, and a health insurance issuer providing group or individual health insurance coverage, that provides coverage with respect to medical and surgical services provided in relation to the diagnosis and treatment of cancer shall ensure that coverage is provided for secondary consultations, on terms and conditions that are no more restrictive than those applicable to the initial consultations, by specialists in the appropriate medical fields (including pathology, radiology, and oncology) to confirm or refute such diagnosis. Such plan or issuer shall ensure that coverage is provided for such secondary consultation whether such consultation is based on a positive or negative initial diagnosis. In any case in which the attending physician certifies in writing that services necessary for such a secondary consultation are not sufficiently available from specialists operating under the plan or coverage with respect to whose services coverage is otherwise provided under such plan or by such issuer, such plan or issuer shall ensure that coverage is provided with respect to the services necessary for the secondary consultation with any other specialist selected by the attending physician for such purpose at no additional cost to the individual beyond that which the individual would have paid if the specialist was participating in the network of the plan. (2) Exception Nothing in paragraph (1) shall be construed as requiring the provision of secondary consultations where the patient determines not to seek such a consultation. (e) Prohibition on penalties or incentives A group health plan, and a health insurance issuer providing group or individual health insurance coverage, may not— (1) penalize or otherwise reduce or limit the reimbursement of a provider or specialist because the provider or specialist provided care to a participant or beneficiary in accordance with this section; (2) provide financial or other incentives to a physician or specialist to induce the physician or specialist to keep the length of inpatient stays of patients following a mastectomy, lumpectomy, or a lymph node dissection for the treatment of breast cancer below certain limits or to limit referrals for secondary consultations; or (3) provide financial or other incentives to a physician or specialist to induce the physician or specialist to refrain from referring a participant or beneficiary for a secondary consultation that would otherwise be covered by the plan or coverage involved under subsection (d). . (b) Effective dates (1) In general The amendments made by this section shall apply with respect to plan years beginning on or after 90 days after the date of enactment of this Act. (2) Special rule for collective bargaining agreements In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act). For purposes of this paragraph, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. 5. Amendments to the Internal Revenue Code of 1986 (a) In general Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended— (1) in the table of sections, by inserting after the item relating to section 9813 the following: Sec. 9814. Required coverage for minimum hospital stay for mastectomies, lumpectomies, and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations. ; and (2) by inserting after section 9813 the following: 9814. Required coverage for minimum hospital stay for mastectomies, lumpectomies, and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations (a) Inpatient care (1) In general A group health plan that provides medical and surgical benefits shall ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy is provided for breast cancer treatment. Such plan may not— (A) insofar as the attending physician, in consultation with the patient, determines it to be medically necessary— (i) restrict benefits for any hospital length of stay in connection with a mastectomy or breast conserving surgery (such as a lumpectomy) for the treatment of breast cancer to less than 48 hours; or (ii) restrict benefits for any hospital length of stay in connection with a lymph node dissection for the treatment of breast cancer to less than 24 hours; or (B) require that a provider obtain authorization from the plan for prescribing any length of stay required under this paragraph. (2) Exception Nothing in this section shall be construed as requiring the provision of inpatient coverage if the attending physician, in consultation with the patient, determines that either a shorter period of hospital stay, or outpatient treatment, is medically appropriate. (b) Prohibition on certain modifications In implementing the requirements of this section, a group health plan may not modify the terms and conditions of coverage based on the determination by a participant or beneficiary to request less than the minimum coverage required under subsection (a). (c) Notice A group health plan shall provide notice to each participant and beneficiary under such plan regarding the coverage required by this section in accordance with regulations promulgated by the Secretary. Such notice shall be in writing and prominently positioned in the summary of the plan made available or distributed by the plan and shall be transmitted— (1) in the next mailing made by the plan to the participant or beneficiary; or (2) as part of any yearly informational packet sent to the participant or beneficiary; whichever is earlier. (d) Secondary consultations (1) In general A group health plan that provides coverage with respect to medical and surgical services provided in relation to the diagnosis and treatment of cancer shall ensure that coverage is provided for secondary consultations, on terms and conditions that are no more restrictive than those applicable to the initial consultations, by specialists in the appropriate medical fields (including pathology, radiology, and oncology) to confirm or refute such diagnosis. Such plan or issuer shall ensure that coverage is provided for such secondary consultation whether such consultation is based on a positive or negative initial diagnosis. In any case in which the attending physician certifies in writing that services necessary for such a secondary consultation are not sufficiently available from specialists operating under the plan with respect to whose services coverage is otherwise provided under such plan or by such issuer, such plan or issuer shall ensure that coverage is provided with respect to the services necessary for the secondary consultation with any other specialist selected by the attending physician for such purpose at no additional cost to the individual beyond that which the individual would have paid if the specialist was participating in the network of the plan. (2) Exception Nothing in paragraph (1) shall be construed as requiring the provision of secondary consultations where the patient determines not to seek such a consultation. (e) Prohibition on penalties A group health plan may not— (1) penalize or otherwise reduce or limit the reimbursement of a provider or specialist because the provider or specialist provided care to a participant or beneficiary in accordance with this section; (2) provide financial or other incentives to a physician or specialist to induce the physician or specialist to keep the length of inpatient stays of patients following a mastectomy, lumpectomy, or a lymph node dissection for the treatment of breast cancer below certain limits or to limit referrals for secondary consultations; or (3) provide financial or other incentives to a physician or specialist to induce the physician or specialist to refrain from referring a participant or beneficiary for a secondary consultation that would otherwise be covered by the plan involved under subsection (d). . (b) Effective dates (1) In general The amendments made by this section shall apply with respect to plan years beginning on or after the date of enactment of this Act. (2) Special rule for collective bargaining agreements In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by this section shall not apply to plan years beginning before the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act). For purposes of this paragraph, any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by this section shall not be treated as a termination of such collective bargaining agreement. 6. Opportunity for independent, external third party reviews of certain nonrenewals and discontinuations, including rescissions, of individual health insurance coverage (a) Clarification regarding application of guaranteed renewability of individual health insurance coverage Section 2742 of the Public Health Service Act (42 U.S.C. 300gg–42) is amended— (1) in its heading, by inserting and continuation in force, including prohibition of rescission, after Guaranteed renewability ; (2) in subsection (a), by inserting , including without rescission, after continue in force ; and (3) in subsection (b)(2), by inserting before the period at the end the following: , including intentional concealment of material facts regarding a health condition related to the condition for which coverage is being claimed . (b) Opportunity for independent, external third party review in certain cases Subpart 1 of part B of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: 2746. Opportunity for independent, external third party review in certain cases (a) Notice and review right If a health insurance issuer determines to nonrenew or not continue in force, including rescind, health insurance coverage for an individual in the individual market on the basis described in section 2742(b)(2) before such nonrenewal, discontinuation, or rescission, may take effect the issuer shall provide the individual with notice of such proposed nonrenewal, discontinuation, or rescission and an opportunity for a review of such determination by an independent, external third party under procedures specified by the Secretary. (b) Independent determination If the individual requests such review by an independent, external third party of a nonrenewal, discontinuation, or rescission of health insurance coverage, the coverage shall remain in effect until such third party determines that the coverage may be nonrenewed, discontinued, or rescinded under section 2742(b)(2). . (c) Effective date The amendments made by this section shall apply after the date of the enactment of this Act with respect to health insurance coverage issued before, on, or after such date. | https://www.govinfo.gov/content/pkg/BILLS-113hr1531ih/xml/BILLS-113hr1531ih.xml |
113-hr-1532 | I 113th CONGRESS 1st Session H. R. 1532 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Foster (for himself and Mr. Quigley ) 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 establish a program to populate downloadable tax forms with taxpayer return information.
1. Short title This Act may be cited as the Autofill Act of 2013 . 2. Automated partially pre-populated tax returns (a) In general Chapter 77 of the Internal Revenue Code of 1986 (relating to miscellaneous provisions) is amended by adding at the end the following new section: 7529. Automated partially pre-populated tax returns (a) Establishment of program The Secretary shall establish a program under which taxpayers may download forms relating to the individual income tax returns that are populated with return information reported to the Secretary under chapter 61 and reported to the Secretary pursuant to section 232 of the Social Security Act. (b) Requirements relating to information (1) Deadline for making information available The Secretary shall make such return information available under the program established under subsection (a) not later than 15 days after the Secretary receives such information. (2) Format of information made available Return information shall be made available under the program established under subsection (a) in both a printable document file suitable for manual completion and filing and in a computer-readable form suitable for use by automated tax preparation software. (c) Autofill service deadlines (1) Standards Not later than October 31, 2013, the Secretary shall— (A) establish standards for data download to tax preparation software, and (B) provide a demonstration server for downloading the partially populated printable document file. (2) Tax forms Not later than February 15, 2014, and annually thereafter, the Secretary shall provide on the Secretary’s Web site a secure function that allows a taxpayer to download, as both a printable document file and in a form suitable for input to automatic tax preparation software, the 1040, 1040A, and 1040EZ forms that are populated with information with respect to the taxpayer that is reported under chapter 61 or any other provision of this title under which reporting of information is required. (d) Taxpayer responsibility Nothing in this section shall be construed to absolve the taxpayer from full responsibility for the accuracy or completeness of his return of tax. (e) Disclaimer Before any form can be downloaded under the program established under subsection (a), taxpayer must acknowledge that— (1) the taxpayer is responsible for the accuracy of his return, and (2) all information provided in the downloadable form under such program needs to be verified. (f) Information provided for wage and self-employment income For purposes of subsection (a)— (1) Information related to calendar year 2013 In the case of information relating to wages paid, and amounts of self-employment income, for calendar year 2013 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act ( 42 U.S.C. 405(c)(2)(A) ), the Commissioner shall, using best efforts, make such information available to the Secretary not later than January 31, 2014. (2) Information related to calendar year 2014 and thereafter In the case of information relating to wages paid, and amounts of self-employment income, for any calendar year after 2013 required to be provided to the Commissioner of Social Security under section 205(c)(2)(A) of the Social Security Act (42 U.S.C. 405(c)(2)(A)), the Commissioner shall make such information available to the Secretary not later than the January 31 of the calendar year following the calendar year to which such wages and self-employment income relate. . (b) Filing deadline for information returns Subsection (b) of section 6071 of such Code is amended to read as follows: (b) Information returns Returns made under part III of this subchapter shall be filed on or before January 31 of the year following the calendar year to which such returns relate. Section 6081 shall not apply to returns under such part III. . (c) Conforming amendment to social security act Subparagraph (A) of section 205(c)(2) of the Social Security Act ( 42 U.S.C. 405(c)(2) ) is amended by adding at the end the following new sentence: For purposes of the preceding sentence, the Commissioner shall require that information relating to wages paid, and amounts of self-employment income, be provided to the Commissioner not later than January 31 of the year following the calendar year to which such wages and self-employment income relate. . (d) Clerical amendment The table of sections for chapter 77 of such Code is amended by adding at the end the following new item: Sec. 7529. Automated partially pre-populated tax returns. . (e) Effective date The amendments made by this section shall apply to returns for taxable years beginning after December 31, 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr1532ih/xml/BILLS-113hr1532ih.xml |
113-hr-1533 | I 113th CONGRESS 1st Session H. R. 1533 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Gerlach introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To establish an Office of Public Advocate within the Department of Justice to provide services and guidance to citizens in dealing with concerns involving the Federal Energy Regulatory Commission, and for other purposes.
1. Short title This Act may be cited as the Energy Regulatory Public Protection Act . 2. Findings The Congress finds that: (1) The Federal Energy Regulatory Commission is not adequately informing property owners and local officials on the certificate application approval process. (2) The current certificate application approval process at the Commission does not include adequate State and local participation. (3) The current certificate application approval process at the Commission does not provide adequate protections for local environmental resources. (4) An office of public advocate is necessary to properly represent the interests of property owners and other affected parties during the certificate application approval process, and to properly inform property owners and other parties of their rights during the process, and to provide proper guidance to State and local officials during the process. 3. Establishment and duties (a) Establishment and duties There is hereby established within the Department of Justice an office to be known as the Office of Public Advocate . The office shall represent the interests of members of the general public affected by regulatory matters before the Federal Energy Regulatory Commission, other Commission-related matters before (1) other Federal regulatory agencies, or (2) any court of competent jurisdiction. (b) Specific duties The specific duties of the office are as follows: (1) To receive and assess comments from all interested parties with respect to project applications before the Federal Energy Regulatory Commission. For purposes of this Act, the term interested parties includes but shall not be limited to, individuals, municipalities, counties, States, or any other for-profit or non-profit entity affected by any proposed project for which an application has been filed with the Commission. (2) To submit all such relevant and pertinent comments to the Federal Energy Regulatory Commission, together with its findings and recommendations, regarding the outcome, terms, and conditions of an application for approval. (3) To review and assess applicant compliance with orders of the Federal Energy Regulatory Commission and seek full compliance of such orders through the Federal Energy Regulatory Commission, or a court competent jurisdiction, where the applicant fails to comply and such noncompliance is harmful to the health, safety, and welfare of affected parties. (4) Within its sole discretion, undertake appeal of any Federal Energy Regulatory Commission order it deems appropriate where the order is harmful to the health, safety, or welfare of affected parties. (5) Submit an annual report to the Attorney General, the Federal Energy Regulatory Commission, and Congress regarding its actions and activities in the prior year, together with any recommendations for regulatory or statutory changes to more effectively achieve the goals, purposes, and functions of the office and the Federal Energy Regulatory Commission. | https://www.govinfo.gov/content/pkg/BILLS-113hr1533ih/xml/BILLS-113hr1533ih.xml |
113-hr-1534 | I 113th CONGRESS 1st Session H. R. 1534 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Ms. Hahn introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend section 70107 of title 46, United States Code, to authorize appropriations for the port security grant program through 2017.
1. Short title This Act may be cited as the Port Security Grant Act of 2013 . 2. Port security grant program Section 70107(l) of title 46, United States Code, is amended by striking 2013 and inserting 2017 . | https://www.govinfo.gov/content/pkg/BILLS-113hr1534ih/xml/BILLS-113hr1534ih.xml |
113-hr-1535 | I 113th CONGRESS 1st Session H. R. 1535 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Ms. Hahn (for herself and Mr. Poe of Texas ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To direct the Secretary of Homeland Security to conduct a study and report to Congress on gaps in port security in the United States and a plan to address them.
1. Short title This Act may be cited as the Gauging American Port Security Act or the GAPS Act . 2. Study, report, and plan to address gaps in port security (a) In general Not later than 1 year after the date of enactment of this Act the Inspector General of the Department of Homeland Security shall— (1) conduct a study of, and submit to the Congress a report on, remaining gaps in port security in the United States; and (2) include in such report a prioritization of such gaps and a plan for addressing them. (b) Form The report required under subsection (a) shall be submitted in classified form but shall contain an unclassified annex. 3. Information sharing The Secretary of Homeland Security shall, in accordance with rules for the handling of classified information, share, as appropriate, with designated points of contact from Federal agencies and State, local, or tribal governments, and port system owners and operators, relevant information regarding remaining gaps in port security of the United States, prioritization of such gaps, and a plan for addressing such gaps. In the event that a designated point of contact does not have the necessary security clearance to receive such information, the Secretary shall help expedite the clearance process, as appropriate. | https://www.govinfo.gov/content/pkg/BILLS-113hr1535ih/xml/BILLS-113hr1535ih.xml |
113-hr-1536 | I 113th CONGRESS 1st Session H. R. 1536 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Ms. Hahn introduced the following bill; which was referred to the Committee on Homeland Security , 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 establish the Office of Agriculture Inspection within the Department of Homeland Security, which shall be headed by the Assistant Commissioner for Agriculture Inspection, and for other purposes.
1. Short Title This Act may be cited as the Safeguarding American Commerce and Agriculture Act of 2013 . 2. Establishment of the office of agricultural inspection Title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 201 et seq. ) is amended by inserting after section 421 the following: 421a. Office of agricultural inspection (a) Establishment There is established within U.S. Customs and Border Protection an Office of Agriculture Inspection, which shall be headed by an Assistant Commissioner. (b) Agriculture specialist career track The Secretary— (1) shall identify appropriate career paths for customs and border protection agriculture specialists, including the education, training, experience, and assignments necessary for career progression within U.S. Customs and Border Protection; (2) shall publish information on the career paths identified under paragraph (1); and (3) may establish criteria by which appropriately qualified customs and border protection technicians may be promoted to customs and border protection agriculture specialists. (c) Education, training, and experience The Secretary shall provide customs and border protection agriculture specialists the opportunity to acquire the education, training, and experience necessary to qualify for promotion within U.S. Customs and Border Protection. (d) Agriculture specialist recruitment and retention Not later than 270 days after the date of the enactment of this section, the Secretary shall develop a plan to more effectively recruit and retain qualified customs and border protection agriculture specialists. The plan shall include— (1) numerical goals for recruitment and retention; and (2) the use of recruitment incentives, as appropriate and permissible under existing laws and regulations. (e) Equipment support Not later than 270 days after the date of the enactment of this section, the Secretary shall— (1) determine the minimum equipment and other resources that are necessary at U.S. Customs and Border Protection agriculture inspection stations and facilities to enable customs and border protection agriculture specialists to fully and effectively carry out their mission; (2) complete an inventory of the equipment and other resources available at each U.S. Customs and Border Protection agriculture inspection station and facility; (3) identify the necessary equipment and other resources that are not currently available at agriculture inspection stations and facilities; and (4) develop a plan to address any resource deficiencies identified under paragraph (3). (f) Interagency rotation program The Secretary of Homeland Security and the Secretary of Agriculture are authorized to enter into an agreement that— (1) establishes an interagency rotation program; and (2) provides for personnel of the Animal and Plant Health Inspection Service of the Department of Agriculture to take rotational assignments within U.S. Customs and Border Protection and vice versa for the purposes of strengthening working relationships between agencies and promoting interagency experience. (g) Report Not later than 270 days after the date of the enactment of this section, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes— (1) the status of the implementation of the action plans developed by the Animal and Plant Health Inspection Service-U.S. Customs and Border Protection Joint Task Force on Improved Agriculture Inspection; (2) the findings of the Secretary under paragraphs (1), (2), and (3) of subsection (e); (3) the plan described in paragraph (e)(4); (4) the implementation of the remaining requirements under such subsection (e); and (5) any additional legal authority that the Secretary determines to be necessary to effectively carry out the agriculture inspection mission of the Department of Homeland Security. (h) Administration The Secretary shall carry out this section acting through the Commissioner of U.S. Customs and Border Protection in consultation with the Assistant Commissioner for Agricultural Inspection. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1536ih/xml/BILLS-113hr1536ih.xml |
113-hr-1537 | I 113th CONGRESS 1st Session H. R. 1537 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Jeffries (for himself, Mr. Richmond , Mr. Rangel , Mr. Johnson of Georgia , Ms. Clarke , and Mr. Scott of Virginia ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To amend title 13, United States Code, to provide that individuals in prison shall, for the purposes of a decennial census, be attributed to the last place of residence before incarceration.
1. Residence of incarcerated individuals Section 141 of title 13, United States Code, is amended— (1) by resdesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: (g) (1) Effective beginning with the 2020 decennial census of population, in taking any tabulation of total population by States under subjection (a) for purposes of the apportionment of Representatives in Congress among the several States, the Secretary shall, with respect to an individual incarcerated in a State, Federal, county, or municipal correctional center as of the date on which such census is taken, attribute such individual to such individual’s last place of residence before incarceration. (2) In carrying out this subsection, the Secretary shall consult with each State department of corrections to collect the information necessary to make the determination required under paragraph (1). . | https://www.govinfo.gov/content/pkg/BILLS-113hr1537ih/xml/BILLS-113hr1537ih.xml |
113-hr-1538 | I 113th CONGRESS 1st Session H. R. 1538 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Ms. Eddie Bernice Johnson of Texas (for herself, Ms. Brown of Florida , Mr. Carson of Indiana , Mr. Hinojosa , and Mr. Peters of Michigan ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide incentives to encourage financial institutions and small businesses to provide continuing financial education to customers, borrowers, and employees, and for other purposes.
1. Short title This Act may be cited as the National Financial Literacy Act of 2013 . 2. Financial literacy programs Section 804 of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2903 ) is amended by adding at the end the following new subsection: (e) Direct support for financial literacy programs taken into account (1) Standards established for eligible programs The appropriate Federal financial supervisory agencies shall jointly prescribe regulations establishing— (A) the minimum standards required to be met by a community-based financial literacy program in order to be eligible for consideration under paragraph (3) as a qualified community-based financial literacy program; (B) the procedures for financial institutions to apply to the appropriate Federal financial supervisory agency for approval of a financial literacy program as a qualified community-based financial literacy program; and (C) a requirement that financial institutions submit a regular report on how the institution supported and promoted financial literacy in its entire community, including low- and moderate-income neighborhoods. (2) Factors The regulations required under paragraph (1) shall require at a minimum that a qualified community-based financial literacy program— (A) be offered by a nonprofit budget and counseling agency which is exempt from taxation under section 501(c)(3) of the Internal Revenue Code of 1986; and (B) include adequate education to promote consumer understanding of consumer, economic, and personal finance issues and concepts, including saving for retirement, managing credit, long-term care, estate planning and education on predatory lending, identity theft, and financial abuse schemes. (3) Programs taken into account The direct support by a financial institution of a qualified community-based financial literacy program may be taken into account by the appropriate Federal financial supervisory agency under subsection (a) in assessing the institution’s record of meeting the credit needs of its entire community, including low- and moderate-income neighborhoods, in such amount and to such extent as may be provided in the joint regulations prescribed under paragraph (1). . 3. Credit against income tax for small businesses which provide continuing financial education to employees (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 45S. Small businesses providing continuing financial education to employees (a) In general In the case of an eligible small business, the continuing financial education credit determined under this section is an amount equal to 35 percent of the continuing financial education expenses paid or incurred by the taxpayer during the taxable year. (b) Eligible small business For purposes of this section, the term eligible small business means any small business which provides without charge a qualified continuing financial education program to its employees throughout the taxable year. (c) Qualified continuing financial education program For purposes of this section— (1) In general The term qualified continuing financial education program means any educational program or services— (A) which is provided by a community-based budget and counseling agency which is described in section 501(c)(3) and exempt from tax under section 501(a), (B) which promotes consumer understanding of consumer, economic, and personal finance issues and concepts, including saving for retirement, managing credit, long-term care, estate planning and education on predatory lending, identity theft, and financial abuse schemes, (C) which is offered to all employees of the taxpayer who have at least 2 weeks of service with the employer, and (D) which is offered during— (i) at least 24 hours of each month if the taxpayer is a corporation, or (ii) at least 16 hours of each month in any other case. (d) Small business For purposes of this section— (1) In general The term small business means, with respect to any taxable year, any employer if— (A) such employer employed an average of at least 2 but not more than 50 employees on business days during the most recent calendar year ending before such taxable year, and (B) such employer employed at least 2 employees on the first day of the taxable year. (2) Employers not in existence in preceding year In the case of an employer which was not in existence throughout the calendar year referred to in paragraph (1), the determination under paragraph (1) shall be based on the average number of employees that it is reasonably expected such employer will employ on business days in the taxable year. (3) Special rules (A) Controlled groups For purposes of this subsection, all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 employer. (B) Predecessors Any reference in this subsection to an employer shall include a reference to any predecessor of such employer. . (b) Denial of double benefit Section 280C of such Code is amended— (1) by redesignating the second subsection (g) (related to the qualifying therapeutic discovery project credit) as subsection (i); and (2) by adding at the end the following new subsection: (j) Credit for small businesses providing continuing financial education to employees No deduction shall be allowed for that portion of the expenses paid or incurred during the taxable year which is equal to the credit determined for the taxable year under sections 45S(a). In the case of persons treated as a single employer under section 45S(d)(3)(A), this subsection shall be applied under rules prescribed by the Secretary similar to the rules applicable under subsections (a) and (b) of section 52. . (c) Credit To be part of general business credit Section 38(b) of such Code is amended by striking plus at the end of paragraph (35), by striking the period at the end of paragraph (36) and inserting , plus , and by adding at the end the following new paragraph: (37) the continuing financial education credit under section 45S(a). . (d) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 45S. Small businesses providing continuing financial education to employees. . (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2012. | https://www.govinfo.gov/content/pkg/BILLS-113hr1538ih/xml/BILLS-113hr1538ih.xml |
113-hr-1539 | I 113th CONGRESS 1st Session H. R. 1539 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. King of New York (for himself, Mr. Pascrell , and Mr. Grimm ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To provide for certain tunnel life safety and rehabilitation projects for Amtrak.
1. Short title This Act may be cited as the Northeast Corridor Rail Tunnel Safety Act . 2. Authorization of appropriations There are authorized to be appropriated to the Secretary of Transportation $898,000,000, to remain available until expended, for the use of Amtrak to complete New York tunnel life safety projects and to rehabilitate tunnels in Washington, DC, and Baltimore, Maryland. 3. Availability of funds The Secretary shall not make funds appropriated under section 2 available to Amtrak for a project unless the Secretary has received from Amtrak and has approved an engineering and financial plan for that project. 4. Inspector General review The Inspector General of the Department of Transportation shall conduct and transmit to the Congress an annual review to determine whether the expenditure and obligation of funds made available under this Act are consistent with the purposes for which those funds are made available. | https://www.govinfo.gov/content/pkg/BILLS-113hr1539ih/xml/BILLS-113hr1539ih.xml |
113-hr-1540 | I 113th CONGRESS 1st Session H. R. 1540 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Ms. Matsui (for herself and Mr. Bera of California ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of the South Sacramento County Agriculture and Habitat Lands Water Recycling Project in Sacramento County, California.
1. Authorization of Sacramento County, California, water reclamation project (a) In general The Reclamation Wastewater and Groundwater Study and Facilities Act (Title XVI of Public Law 102–575; 43 U.S.C. 390h et seq. ) is amended by adding at the end the following new section: 16__. Sacramento County, California, water reclamation project (a) Authorization The Secretary, in cooperation with the Sacramento Regional County Sanitation District, California, is authorized to participate in the design, planning, and construction of, and land acquisition for, a project to reclaim and reuse wastewater in accordance with subsection (b), within Sacramento County, California. (b) Phased project The project referred to in subsection (a) shall consist of three phases, the first of which shall include the planning, design, and construction of water conveyance and related infrastructure to provide recycled water to irrigate approximately 4,500 acres of land in southern Sacramento County. (c) Cost share (1) In general The Federal share of the costs of the project described in subsection (a) shall not exceed 25 percent of the total cost. (2) Form of non-Federal share The non-Federal share may be in the form of any in-kind services that the Secretary determines would contribute substantially toward the completion of the water reclamation and reuse project, including— (A) reasonable costs incurred by the Sacramento Regional County Sanitation District relating to the planning, design, and construction of the water reclamation and reuse project; and (B) the acquisition costs of land acquired for the project that is— (i) used for planning, design, and construction of the water reclamation and reuse project facilities; and (ii) owned by the Sanitation District and directly related to the project. (d) Limitation The Secretary shall not provide funds for the operations and maintenance of the project described in subsection (a). (e) Authorization of appropriations There is authorized to be appropriated to carry out this section, $30,000,000. . (b) Clerical amendment The table of sections in section 2 of Public Law 102–575 is amended by inserting after the last item relating to title XVI the following: Sec. 16__. Sacramento County, California, water reclamation project. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1540ih/xml/BILLS-113hr1540ih.xml |
113-hr-1541 | I 113th CONGRESS 1st Session H. R. 1541 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Meadows (for himself, Mr. Pittenger , Mr. Sessions , Mr. Collins of Georgia , and Mr. Stutzman ) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To establish limitations, for fiscal years 2013, 2014, and 2015 on the total amount in awards or other discretionary monetary payments which may be paid to any Federal employee.
1. Short title This Act may be cited as the Common Sense in Compensation Act . 2. Definitions For purposes of this Act— (1) the term employee means an employee (as defined by section 2105(a) of title 5, United States Code) holding a position in or under an Executive agency; (2) the term Executive agency has the meaning given such term by section 105 of title 5, United States Code; (3) the term discretionary monetary payment means— (A) any award or other monetary payment under chapter 45, or section 5753 or 5754, of title 5, United States Code; and (B) any step-increase under section 5336 of title 5, United States Code; (4) the term covered compensation , as used with respect to an employee in connection with any period, means the sum of— (A) the basic pay, and (B) any discretionary monetary payments (excluding basic pay), payable to such employee during such period; and (5) the term basic pay means basic pay for service as an employee. 3. Limitations Notwithstanding any other provision of law, no discretionary monetary payment may be made to an employee— (1) during the period beginning on the date of the enactment of this Act and ending as of the close of fiscal year 2013; or (2) during fiscal year 2014 or 2015, to the extent that such payment would cause the total covered compensation of such employee for such fiscal year to exceed 105 percent of the total amount of basic pay payable to such individual (before the application of any step-increase in such fiscal year under section 5336 of title 5, United States Code) for such fiscal year. 4. Regulations The Office of Personnel Management may prescribe regulations to carry out this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1541ih/xml/BILLS-113hr1541ih.xml |
113-hr-1542 | I 113th CONGRESS 1st Session H. R. 1542 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Meehan (for himself, Ms. Speier , Mr. McCaul , Mr. King of New York , and Mr. Higgins ) introduced the following bill; which was referred to the Committee on Homeland Security A BILL To amend the Homeland Security Act of 2002 to establish weapons of mass destruction intelligence and information sharing functions of the Office of Intelligence and Analysis of the Department of Homeland Security and to require dissemination of information analyzed by the Department to entities with responsibilities relating to homeland security, and for other purposes.
1. Short title This Act may be cited as the WMD Intelligence and Information Sharing Act of 2013 . 2. Weapons of mass destruction intelligence and information sharing (a) In general Subtitle A of title II of the Homeland Security Act of 2002 ( 6 U.S.C. 121 et seq. ) is amended by adding at the end the following: 210G. Weapons of mass destruction intelligence and information sharing (a) In general The Office of Intelligence and Analysis of the Department of Homeland Security shall— (1) support homeland security-focused intelligence analysis of terrorist actors, their claims, and their plans to conduct attacks involving chemical, biological, radiological, and nuclear materials against the Nation; (2) support homeland security-focused intelligence analysis of global infectious disease, public health, food, agricultural, and veterinary issues; (3) support homeland security-focused risk analysis and risk assessments of the homeland security hazards described in paragraphs (1) and (2) by providing relevant quantitative and nonquantitative threat information; (4) leverage existing and emerging homeland security intelligence capabilities and structures to enhance prevention, protection, response, and recovery efforts with respect to a chemical, biological, radiological, or nuclear attack; (5) share information and provide tailored analytical support on these threats to State, local, and tribal authorities as well as other national biosecurity and biodefense stakeholders; and (6) perform other responsibilities, as assigned by the Secretary. (b) Coordination Where appropriate, the Office of Intelligence and Analysis shall coordinate with other relevant Department components, others in the Intelligence Community, including the National Counter Proliferation Center, and other Federal, State, local, and tribal authorities, including officials from high-threat areas, and enable such entities to provide recommendations on optimal information sharing mechanisms, including expeditious sharing of classified information, and on how they can provide information to the Department. (c) Report (1) In general Not later than one year after the date of the enactment of this section and annually thereafter, the Secretary shall report to the appropriate congressional committees on— (A) the intelligence and information sharing activities under subsection (a) and of all relevant entities within the Department to counter the threat from weapons of mass destruction; and (B) the Department’s activities in accordance with relevant intelligence strategies. (2) Assessment of implementation The report shall include— (A) a description of methods established to assess progress of the Office of Intelligence and Analysis in implementing this section; and (B) such assessment. (d) Definitions In this section: (1) The term appropriate congressional committees means the Committee on Homeland Security of the House of Representatives and any committee of the House of Representatives or the Senate having legislative jurisdiction under the rules of the House of Representatives or Senate, respectively, over the matter concerned. (2) The term Intelligence Community has the meaning given that term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 401a(4) ). (3) The term national biosecurity and biodefense stakeholders means officials from the Federal, State, local, and tribal authorities and individuals from the private sector who are involved in efforts to prevent, protect against, respond to, and recover from a biological attack or other phenomena that may have serious health consequences for the United States, including wide-scale fatalities or infectious disease outbreaks. . (b) Clerical amendment The table of contents in section 1(b) of such Act is amended by adding at the end of the items relating to such subtitle the following: Sec. 210G. Weapons of mass destruction intelligence and information sharing. . 3. Dissemination of information analyzed by the Department to State, local, tribal, and private entities with responsibilities relating to homeland security Section 201(d)(8) of the Homeland Security Act of 2002 ( 6 U.S.C. 121(d)(8) ) is amended by striking and to agencies of State and all that follows and inserting to State, local, tribal, and private entities with such responsibilities, and, as appropriate, to the public, in order to assist in preventing, deterring, or responding to acts of terrorism against the United States. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1542ih/xml/BILLS-113hr1542ih.xml |
113-hr-1543 | I 113th CONGRESS 1st Session H. R. 1543 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Nadler introduced the following bill; which was referred to the Committee on the Judiciary A BILL To amend the Immigration and Nationality Act to exempt certain elderly persons from demonstrating an understanding of the English language and the history, principles, and form of government of the United States as a requirement for naturalization, and to permit certain other elderly persons to take the history and government examination in a language of their choice.
1. Short title This Act may be cited as the Senior Citizenship Act of 2013 . 2. Fulfillment by elderly persons of requirement for naturalization relating to knowledge of English language Section 312(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1423(b)(2) ) is amended— (1) in the matter preceding subparagraph (A), by striking 334, either— and inserting 334— ; (2) in subparagraph (A), by striking , or at the end and inserting a semicolon; (3) in subparagraph (B), by striking the period at the end and inserting ; or ; and (4) by adding at the end the following: (C) is over sixty-five years of age and has been living in the United States for periods totaling at least five years subsequent to a lawful admission for permanent residence. . 3. Fulfillment by elderly persons of requirement for naturalization relating to knowledge of Government of the United States Section 312(b)(3) of the Immigration and Nationality Act (8 U.S.C. 1423(b)(3)) is amended— (1) by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; (2) by striking (3) and inserting (3)(A) ; and (3) by adding at the end the following: (B) In the case of a person who, on the date of the filing of the person’s application for naturalization, as provided in section 334, is over sixty-five years of age and has been living in the United States for periods totaling at least five years subsequent to a lawful admission for permanent residence, the Secretary of Homeland Security shall permit the person to fulfill the requirement of subsection (a)(2) through an examination in a language other than English selected by the person. (C) In the case of a person who, on the date of the filing of the person’s application for naturalization, as provided in section 334, is over seventy-five years of age and has been living in the United States for periods totaling at least five years subsequent to a lawful admission for permanent residence, the requirement of subsection (a)(2) shall not apply. . 4. Effective date The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to applications for naturalization pending on or after such date. | https://www.govinfo.gov/content/pkg/BILLS-113hr1543ih/xml/BILLS-113hr1543ih.xml |
113-hr-1544 | I 113th CONGRESS 1st Session H. R. 1544 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Petri (for himself and Mr. Lipinski ) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To promote transportation-oriented development and encourage dedicated revenue sources for urban and regional rail corridor development.
1. Short title This Act may be cited as the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013 . 2. Transportation-oriented development initiative (a) Establishment The Secretary of Transportation (in this Act referred to as the Secretary ) shall establish an initiative to promote intercity and urban passenger rail operations and transportation-oriented development by creating incentives for communities to encourage dedicated revenue sources for urban and regional rail corridor development. (b) Implementation Not later than 180 days after the date of enactment of this Act, the Secretary shall obtain the services of qualified independent private sector entity with experience in transportation-oriented development to serve as a liaison between the Federal Government, State and local authorities, private sector participants, and appropriate other stakeholders in the initiative. Such entity shall— (1) serve as a development planning advisor, by advancing and recommending methodologies to use in the overall implementation of the initiative; (2) provide recommendations as requested by the Secretary, which shall include recommendations on— (A) liaison between the Federal Government, and State, local, or regional applicants for incentives under the initiative; (B) mechanisms for coordination among all stakeholders, including State, local, and regional authorities; (C) types of projects that should receive incentives under the initiative; and (D) mechanisms for providing technical assistance and types of technical assistance that should be provided; and (3) conduct a preliminary transportation-oriented development survey on the Northeast Corridor or other local station areas or regional corridors. (c) Coordination The Secretary shall harmonize planning requirements and direct coordination and administration of the initiative between the Federal Railroad Administration and the Federal Transit Administration. 3. Federal incentives (a) Qualified projects (1) Criteria The Secretary shall establish criteria for the designation of projects qualified for Federal incentives pursuant to this section and the amendments made by this section. (2) Types of projects that may qualify Projects that may qualify for Federal incentives pursuant to this section and the amendments made by this section are commercial development or other projects that— (A) contribute to the generation of revenue by the capture of increasing value from development around station areas, through the establishment of special assessment districts, increasing the tax base, promoting job growth, promoting cost effectiveness, facilitating intermodal connectivity, combining congestion relief with station development, stimulating economic development, or any other appropriate means; (B) are likely to make long-term contributions to rail corridor development funds or similar mechanisms that help finance intercity and urban passenger rail infrastructure or operating expenses; and (C) provide for a quantifiable revenue stream to the relevant station or rail operation. (3) Applicant coordinating authority An applicant for Federal incentives pursuant to this section and the amendments made by this section shall be a State, local, or regional authority. Such authority shall provide for coordination among stakeholders, local governments, and private developers in the defined region, and shall be the lead party in the application. (4) Projects authorized Except as provided in subsection (b), projects are not authorized to receive Federal incentives pursuant to this section and the amendments made by this section until the date that is 1 year after the report required under subsection (c) is transmitted to Congress. (b) Pilot projects The Secretary may designate up to 4 pilot projects as qualified for Federal incentives pursuant to this section and the amendments made by this section before the date specified in subsection (a)(4). (c) Report to Congress Not later than 1 year after the date of enactment of this Act, the Secretary, after consultation with each State, local, or regional authority coordinating a pilot project under subsection (b), shall transmit to Congress a report assessing the success or failure of each such pilot project and making any appropriate recommendations for modifications to the initiative under this Act. (d) Railroad rehabilitation improvement financing Section 502 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822 ) is amended— (1) in subsection (a)— (A) by striking and at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ; and ; and (C) by adding at the end the following new paragraph: (7) persons conducting a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013). ; and (2) in subsection (b)(1)— (A) by striking or at the end of subparagraph (B); (B) by striking the period at the end of subparagraph (C) and inserting ; or ; and (C) by adding at the end the following new subparagraph: (D) conduct a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013). . (e) Transportation infrastructure finance Section 601(a)(12) of title 23, United States Code, is amended— (1) by striking and at the end of subparagraph (C); (2) by striking the period at the end of subparagraph (D) and inserting ; and ; and (3) by adding at the end the following new subparagraph: (E) a qualified project (as defined by the Secretary under section 3 of the National High Performance Passenger Rail Transportation-Oriented Development Act of 2013). . (f) Application priority In general, Federal applications to the Federal Railroad Administration and Federal Transit Administration for railroad projects that participate in the transportation-oriented development initiative under this Act shall receive a priority for funding in the application decision process. (g) Revenue neutral program cost The Secretary shall establish and apply to recipients of Federal incentives pursuant to this section and the amendments made by this section a fee in an amount sufficient to cover the administrative costs of carrying out this Act, including section 2(b). 4. Technical assistance (a) National technical assistance The Secretary shall provide technical assistance to applicants and potential applicants for Federal incentives pursuant to this Act and the amendments made by this Act with respect to— (1) identification of transportation-oriented development opportunities; (2) establishment of special assessment districts in regions; (3) establishment of rail corridor development funds; and (4) expediting Federal, State, and local regulatory approvals. (b) States, localities, and regions outside the northeast corridor The Secretary shall provide technical assistance to the States, localities, and regions outside the Northeast Corridor as identified by the Secretary, including— (1) technical assistance on the establishment of regional authorities appropriate to carrying out the purposes of this Act at the regional level; and (2) technical assistance at the request of a State, local, or regional entity to identify stations and potential stations within a region and conduct a preliminary survey of property available and potentially available, to maximize development and commercial revenue generation to financially support the development of a high performance intercity or urban rail passenger corridor. (c) Northeast corridor The Secretary shall provide technical assistance to the States and local or regional entities along the Northeast Corridor, including— (1) technical assistance on the establishment, by the Northeast Corridor Infrastructure and Operations Advisory Commission established under section 24905 of title 49, United States Code, of a Northeast Corridor Transportation-Oriented Development Working Group, which shall— (A) include outside members with expertise in transportation-oriented development; (B) be supported by the independent private sector entity retained by the Secretary under section 2(b); (C) be chaired by a designee appointed by the Secretary who is an expert with private sector transportation oriented development experience; and (D) advise the Secretary and the Northeast Corridor Infrastructure and Operations Advisory Commission on the ways and means for carrying out the purposes of this Act at the regional level; and (2) not more than 1 year after the date of enactment of this Act, technical assistance to identify Northeast Corridor stations and potential stations and conduct a preliminary survey of property available and potentially available, to maximize development and commercial revenue generation to financially support the creation of a true high-speed rail corridor in the Northeast Corridor. | https://www.govinfo.gov/content/pkg/BILLS-113hr1544ih/xml/BILLS-113hr1544ih.xml |
113-hr-1545 | I 113th CONGRESS 1st Session H. R. 1545 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Sablan introduced the following bill; which was referred to the Committee on Agriculture A BILL To amend the definition of State in certain Federal agricultural laws to include the Commonwealth of the Northern Mariana Islands.
1. Inclusion of the Commonwealth of the Northern Mariana Islands as a state under certain federal agricultural laws (a) Amendment to the McIntire-Stennis Cooperative Forestry Act Section 8 of Public Law 87–788 (16 U.S.C. 582a–7; commonly known as the McIntire-Stennis Cooperative Forestry Act) is amended by striking and Guam. and inserting Guam, and the Commonwealth of the Northern Mariana Islands. . (b) Amendment to the Agricultural Marketing Act of 1946 Section 207 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1626 ) is amended by striking and Guam. and inserting , Guam, and the Commonwealth of the Northern Mariana Islands. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1545ih/xml/BILLS-113hr1545ih.xml |
113-hr-1546 | I 113th CONGRESS 1st Session H. R. 1546 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Tiberi (for himself and Mr. Kind ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to encourage a law enforcement presence in our schools by allowing full-time, off-duty law enforcement officials an exclusion from income for wages received for performing services in an elementary or secondary school as a substitute teacher.
1. Short title This Act may be cited as the Better Protecting Children in Schools Act of 2013 . 2. Findings and purposes (a) Findings Congress finds the following: (1) Off-duty law enforcement officials work in a number of part-time employment capacities where they can earn a higher level of income than they would by substitute teaching at an elementary or secondary school. (2) Law enforcement officials act as deterrents to criminal behavior as well as first responders in the case of criminal activity. (3) Past Congresses have worked to increase the number of law enforcement officials in elementary and secondary schools to protect students from possible violent attacks through programs such as grants for school resource officers. (4) Providing full-time, on-duty law enforcement officials has proven to be costly to school districts. (5) On any given day in the United States, more than 270,000 classes are taught by substitute teachers and many States have reported a shortage of substitute teachers, including the State of Ohio. (6) Substitute teaching requirements vary by State and by school district. (b) Purposes It is the purpose of this Act to— (1) incentivize off-duty law enforcement officials to choose to substitute teach in elementary and secondary schools (within the confines of State and local substitute teaching requirements) by reducing the difference between the compensation a law enforcement official earns from other part-time employment and the compensation a law enforcement official earns from substitute teaching; (2) create a deterrent for criminal behavior in schools as well as a first response to assist school administrators and teachers in an instance where criminal activity occurs at a school; (3) build on the work of past Congresses to increase the number of law enforcement officials in elementary and secondary schools to protect students from possible violent attacks; (4) provide school districts with an additional cost-effective tool, which is not a mandate, to have more law enforcement officials in their schools; (5) provide an additional source of substitute teachers which may assist with the shortage that many States are facing; and (6) only allow law enforcement officials who meet State and local substitute teaching requirements to substitute teach. 3. Exclusion for substitute teaching wages received by full-time, off-duty State or local law enforcement officials (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to items specifically excluded from gross income) is amended by inserting after section 139D the following new section: 139E. Substitute teaching wages received by full-time, off-duty State or local law enforcement officials (a) General rule In the case of a full-time, off-duty State or local law enforcement official, gross income shall not include wages received by such official for providing services as a substitute teacher in an elementary or secondary school. (b) Definitions For purposes of this section— (1) Full-time, off-duty state or local law enforcement official The term full-time, off-duty State or local law enforcement official means any police officer (including a highway patrolman, sheriff, or sheriff’s deputy) employed by a State (or the District of Columbia), or a political subdivision thereof, on a full-time basis with the power to arrest and who is not acting within their official employment by the State or political subdivision. (2) Elementary or secondary school The term elementary or secondary school means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law. . (b) Clerical amendment The table of sections for such part III is amended by inserting after the item relating to section 139D the following new item: Sec. 139E. Substitute teaching wages received by full-time, off-duty State or local law enforcement officials. . (c) Effective date The amendments made by this section shall apply to wages received after the date of the enactment of this Act in taxable years ending after such date. | https://www.govinfo.gov/content/pkg/BILLS-113hr1546ih/xml/BILLS-113hr1546ih.xml |
113-hr-1547 | I 113th CONGRESS 1st Session H. R. 1547 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Yoho (for himself, Mr. Collins of Georgia , Mr. DeSantis , Mr. Grayson , Mr. Meadows , Mr. Delaney , Mr. Salmon , Mr. Westmoreland , Mr. Gibson , Mr. Massie , and Mr. Perry ) introduced the following bill; which was referred to the Committee on House Administration , and in addition to the Committee on Oversight and Government Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 5, United States Code, to extend the basis for the denial of retirement credit, for service as a Member of Congress, to include conviction of any felony under Federal or State law, and for other purposes.
1. Short title This Act may be cited as the Trust Returned to the United States Taxpayer Act or the TRUST Act . 2. Amendments (a) Relating to CSRS Section 8332(o)(2) of title 5, United States Code, is amended— (1) in subparagraph (A)— (A) by repealing clause (ii); and (B) in clause (iii)— (i) by striking or at the end of subclause (I)(bb); (ii) by inserting or at the end of subclause (II)(bb); and (iii) by adding after subclause (II) the following: (III) is committed after the date of enactment of the Trust Returned to the United States Taxpayer Act and is described under subparagraph (B)(xxxii). ; and (2) in subparagraph (B), by adding at the end the following: (xxxii) (I) An offense, not otherwise described under this subparagraph, which is a felony under the laws of a State or the United States. (II) For purposes of this clause, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. . (b) Relating to FERS Section 8411(l)(2) of title 5, United States Code, is amended— (1) by repealing subparagraph (B); and (2) in subparagraph (C), by striking subsection. and inserting subsection, or, in the case of an offense described in section 8332(o)(2)(B)(xxxii), after the date of enactment of the Trust Returned to the United States Taxpayer Act . . | https://www.govinfo.gov/content/pkg/BILLS-113hr1547ih/xml/BILLS-113hr1547ih.xml |
113-hr-1548 | I 113th CONGRESS 1st Session H. R. 1548 IN THE HOUSE OF REPRESENTATIVES April 12, 2013 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Natural Resources A BILL To facilitate the development of energy on Indian lands by reducing Federal regulations that impede tribal development of Indian lands, and for other purposes.
1. Short title This Act may be cited as the Native American Energy Act . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Appraisals. Sec. 4. Standardization. Sec. 5. Environmental reviews of major Federal actions on Indian lands. Sec. 6. BLM oil and gas fees. Sec. 7. Bonding requirements and nonpayment of attorneys’ fees to promote Indian energy projects. Sec. 8. Tribal biomass demonstration project. Sec. 9. Tribal resource management plans. Sec. 10. Leases of restricted lands for the Navajo Nation. Sec. 11. Nonapplicability of certain rules. 3. Appraisals (a) Amendment Title XXVI of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 et seq. ) is amended by adding at the end the following: 2607. Appraisal reforms (a) Options to Indian Tribes With respect to a transaction involving Indian land or the trust assets of an Indian tribe that requires the approval of the Secretary, any appraisal relating to fair market value required to be conducted under applicable law, regulation, or policy may be completed by— (1) the Secretary; (2) the affected Indian tribe; or (3) a certified, third-party appraiser pursuant to a contract with the Indian tribe. (b) Time Limit on Secretarial Review and Action Not later than 30 days after the date on which the Secretary receives an appraisal conducted by or for an Indian tribe pursuant to paragraphs (2) or (3) of subsection (a), the Secretary shall— (1) review the appraisal; and (2) provide to the Indian tribe a written notice of approval or disapproval of the appraisal. (c) Failure of Secretary To Approve or Disapprove If, after 60 days, the Secretary has failed to approve or disapprove any appraisal received, the appraisal shall be deemed approved. (d) Option to Indian Tribes To Waive Appraisal (1) An Indian tribe wishing to waive the requirements of subsection (a), may do so after it has satisfied the requirements of subsections (2) and (3) below. (2) An Indian tribe wishing to forego the necessity of a waiver pursuant to this section must provide to the Secretary a written resolution, statement, or other unambiguous indication of tribal intent, duly approved by the governing body of the Indian tribe. (3) The unambiguous indication of intent provided by the Indian tribe to the Secretary under paragraph (2) must include an express waiver by the Indian tribe of any claims for damages it might have against the United States as a result of the lack of an appraisal undertaken. (e) Definition For purposes of this subsection, the term appraisal includes appraisals and other estimates of value. (f) Regulations The Secretary shall develop regulations for implementing this section, including standards the Secretary shall use for approving or disapproving an appraisal. . (b) Conforming amendment The table of contents of the Energy Policy Act of 1992 ( 42 U.S.C. 13201 note) is amended by adding at the end of the items relating to title XXVI the following: Sec. 2607. Appraisal reforms. . 4. Standardization As soon as practicable after the date of the enactment of this Act, the Secretary of the Interior shall implement procedures to ensure that each agency within the Department of the Interior that is involved in the review, approval, and oversight of oil and gas activities on Indian lands shall use a uniform system of reference numbers and tracking systems for oil and gas wells. 5. Environmental reviews of major Federal actions on Indian lands Section 102 of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332 ) is amended by inserting (a) In general.— before the first sentence, and by adding at the end the following: (b) Review of major Federal actions on Indian lands (1) In general For any major Federal action on Indian lands of an Indian tribe requiring the preparation of a statement under subsection (a)(2)(C), the statement shall only be available for review and comment by the members of the Indian tribe and by any other individual residing within the affected area. (2) Regulations The Chairman of the Council on Environmental Quality shall develop regulations to implement this section, including descriptions of affected areas for specific major Federal actions, in consultation with Indian tribes. (3) Definitions In this subsection, each of the terms Indian land and Indian tribe has the meaning given that term in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 ). (4) Clarification of authority Nothing in the Native American Energy Act, except section 7 of that Act, shall give the Secretary any additional authority over energy projects on Alaska Native Claims Settlement Act lands. . 6. BLM oil and gas fees The Secretary of the Interior, acting through the Bureau of Land Management, shall not collect any fee for any of the following: (1) For an application for a permit to drill on Indian land. (2) To conduct any oil or gas inspection activity on Indian land. (3) On any oil or gas lease for nonproducing acreage on Indian land. 7. Bonding requirements and nonpayment of attorneys’ fees to promote Indian energy projects (a) In General A plaintiff who obtains a preliminary injunction or administrative stay in an energy related action, but does not ultimately prevail on the merits of the energy related action, shall be liable for damages sustained by a defendant who— (1) opposed the preliminary injunction or administrative stay; and (2) was harmed by the preliminary injunction or administrative stay. (b) Bond Unless otherwise specifically exempted by Federal law, a court may not issue a preliminary injunction and an agency may not grant an administrative stay in an energy related action until the plaintiff posts with the court or the agency a surety bond or cash equivalent— (1) in an amount the court or agency decides is 30 percent of that amount that the court or agency considers is sufficient to compensate each defendant opposing the preliminary injunction or administrative stay for damages, including but not limited to preliminary development costs, additional development costs, and reasonable attorney fees, that each defendant may sustain as a result of the preliminary injunction or administrative stay; (2) written by a surety licensed to do business in the State in which the Indian Land or other land where the activities are undertaken is situated; and (3) payable to each defendant opposing the preliminary injunction or administrative stay, in the event that the plaintiff does not prevail on the merits of the energy related action, Provided , that, if there is more than one plaintiff, the court or agency shall establish the amount of the bond required by this subsection for each plaintiff in a fair and equitable manner. (c) Limitation on certain payments Notwithstanding section 1304 of title 31, United States Code, no award may be made under section 504 of title 5, United States Code, or under section 2412 of title 28, United States Code, and no amounts may be obligated or expended from the Claims and Judgment Fund of the United States Treasury to pay any fees or other expenses under such sections to any plaintiff related to an energy related action. (d) Definitions For the purposes of this section, the following definitions apply: (1) Administrative stay The term Administrative Stay means a stay or other temporary remedy issued by a Federal agency, including the Department of the Interior, the Department of Agriculture, the Department of Energy, the Department of Commerce, and the Environmental Protection Agency. (2) Indian land The term Indian Land has the same meaning given such term in section 203(c)(3) of the Energy Policy Act of 2005 (Public Law 109–58; 25 U.S.C. 3501 ), including lands owned by Native Corporations under the Alaska Native Claims Settlement Act ( Public Law 92–203 ; 43 U.S.C. 1601 ). (3) Energy related action The term energy related action means a cause of action that— (A) is filed on or after the effective date of this Act; and (B) seeks judicial review of a final agency action (as defined in section 702 of title 5, United States Code), to issue a permit, license, or other form of agency permission allowing: (i) any person or entity to conduct activities on Indian Land, which activities involve the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, or (ii) any Indian Tribe, or any organization of two or more entities, at least one of which is an Indian tribe, to conduct activities involving the exploration, development, production or transportation of oil, gas, coal, shale gas, oil shale, geothermal resources, wind or solar resources, underground coal gasification, biomass, or the generation of electricity, regardless of where such activities are undertaken. (4) Ultimately prevail on the merits The phrase Ultimately prevail on the merits means, in a final enforceable judgment on the merits, the court rules in the plaintiff’s favor on at least one cause of action which is an underlying rationale for the preliminary injunction, and does not include circumstances where the final agency action is modified or amended by the issuing agency unless such modification or amendment is required pursuant to a final enforceable judgment of the court or a court-ordered consent decree. 8. Tribal biomass demonstration project The Tribal Forest Protection Act of 2004 ( 25 U.S.C. 3115a ) is amended by inserting after section 2 the following: 3. Tribal biomass demonstration project (a) In general For each of fiscal years 2014 through 2018, the Secretary shall enter into stewardship contracts or other agreements, other than agreements that are exclusively direct service contracts, with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land. (b) Definitions The definitions in section 2 shall apply to this section. (c) Demonstration projects In each fiscal year for which projects are authorized, the Secretary shall enter into contracts or other agreements described in subsection (a) to carry out at least 4 new demonstration projects that meet the eligibility criteria described in subsection (d). (d) Eligibility criteria To be eligible to enter into a contract or other agreement under this subsection, an Indian tribe shall submit to the Secretary an application— (1) containing such information as the Secretary may require; and (2) that includes a description of— (A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and (B) the demonstration project proposed to be carried out by the Indian tribe. (e) Selection In evaluating the applications submitted under subsection (c), the Secretary— (1) shall take into consideration the factors set forth in paragraphs (1) and (2) of section 2(e) of Public Law 108–278 ; and whether a proposed demonstration project would— (A) increase the availability or reliability of local or regional energy; (B) enhance the economic development of the Indian tribe; (C) improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities; (D) improve the forest health or watersheds of Federal land or Indian forest land or rangeland; or (E) otherwise promote the use of woody biomass; and (2) shall exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale. (f) Implementation The Secretary shall— (1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section; and (2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section. (g) Report Not later than September 20, 2015, the Secretary shall submit to Congress a report that describes, with respect to the reporting period— (1) each individual tribal application received under this section; and (2) each contract and agreement entered into pursuant to this section. (h) Incorporation of management plans In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe. (i) Term A stewardship contract or other agreement entered into under this section— (1) shall be for a term of not more than 20 years; and (2) may be renewed in accordance with this section for not more than an additional 10 years. . 9. Tribal resource management plans Unless otherwise explicitly exempted by Federal law enacted after the date of the enactment of this Act, any activity conducted or resources harvested or produced pursuant to a tribal resource management plan or an integrated resource management plan approved by the Secretary of the Interior under the National Indian Forest Resources Management Act ( 25 U.S.C. 3101 et seq. ) or the American Indian Agricultural Resource Management Act ( 25 U.S.C. 3701 et seq. ), shall be considered a sustainable management practice for purposes of any Federal standard, benefit, or requirement that requires a demonstration of such sustainability. 10. Leases of restricted lands for the Navajo Nation Subsection (e)(1) of the first section of the Act of August 9, 1955 ( 25 U.S.C. 415(e)(1) ; commonly referred to as the Long-Term Leasing Act ), is amended— (1) by striking , except a lease for and inserting , including leases for ; (2) in subparagraph (A), by striking 25 the first place it appears and all that follows and inserting 99 years; ; (3) in subparagraph (B), by striking the period and inserting ; and ; and (4) by adding at the end the following: (C) in the case of a lease for the exploration, development, or extraction of mineral resources, including geothermal resources, 25 years, except that any such lease may include an option to renew for one additional term not to exceed 25 years. . 11. Nonapplicability of certain rules No rule promulgated by the Department of the Interior regarding hydraulic fracturing used in the development or production of oil or gas resources shall have any effect on any land held in trust or restricted status for the benefit of Indians except with the express consent of the beneficiary on whose behalf such land is held in trust or restricted status. | https://www.govinfo.gov/content/pkg/BILLS-113hr1548ih/xml/BILLS-113hr1548ih.xml |
113-hr-1549 | I 113th CONGRESS 1st Session H. R. 1549 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Pitts (for himself, Mr. Burgess , and Mrs. Wagner ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To amend Public Law 111–148 to transfer fiscal year 2013 through fiscal year 2016 funds from the Prevention and Public Health Fund to carry out the temporary high risk health insurance pool program for individuals with preexisting conditions, and to extend access to such program to such individuals who have had creditable coverage during the 6 months prior to application for coverage through such program.
1. Short title This Act may be cited as the Helping Sick Americans Now Act . 2. Prioritizing funding for sick Americans Section 4002(c) of Public Law 111–148 (42 U.S.C. 300u–11(c)) is amended by adding at the end the following: Notwithstanding any other provision of this section, the Secretary shall transfer amounts that are in the Fund that are attributable to fiscal year 2013 that are not otherwise obligated as of the date of the enactment of this sentence and funds that would otherwise be made available to the Fund for fiscal year 2014, fiscal year 2015, and fiscal year 2016 to the account within the Department of Health and Human Services that provides for funding to carry out the temporary high risk health insurance pool program under section 1101 and such funds shall become available for obligation under such section on such date of enactment and remain so available through December 31, 2013. . 3. Immediate access to health care for sick Americans (a) In general Section 1101(d) of Public Law 111–148 ( 42 U.S.C. 18001(d) ) is amended— (1) in paragraph (1), by adding at the end and ; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Effective date The amendments made by subsection (a) shall apply with respect to individuals applying for coverage through the high risk insurance pool program on or after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-113hr1549ih/xml/BILLS-113hr1549ih.xml |
113-hr-1550 | I 113th CONGRESS 1st Session H. R. 1550 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Kildee (for himself and Mr. Turner ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To allow use of assistance under the Hardest Hit Fund program under the Troubled Assets Relief Program of the Department of the Treasury for demolition of foreclosed-upon properties and related expenses.
1. Short title This Act may be cited as the Revitalize America Act of 2013 . 2. Use of Hardest Hit Fund amounts for demolition and related activities (a) Authority Notwithstanding any provision of title I of the Emergency Economic Stabilization Act of 2008 ( 12 U.S.C. 5211 et seq. ), any regulation, guidance, order, or other directive of the Secretary of the Treasury, or any agreement (or amendment thereto) entered into under the Hardest Hit Fund program of the Secretary under such title I, of any amounts of assistance that have been, or are, allocated for or provided to a State or State agency through the Hardest Hit Fund program, up to 25 percent may be used for demolition of foreclosed-upon properties and related expenses, subject to the limitations in this section. (b) Subgrantees; ownership of property Assistance amounts referred to in subsection (a) may be used for the activities authorized under subsection (a) only— (1) pursuant to a grant of such assistance amounts to a public organization that shall administer such activities; and (2) if the foreclosed-upon properties to be demolished using such assistance are owned at the time of such demolition by the public organization that received the grant of assistance amounts referred to in paragraph (1). (c) Definitions For purposes of this section, the following definitions shall apply: (1) Foreclosed-upon The term foreclosed-upon means, with respect to a property, that one or more of the following conditions applies: (A) The property’s current delinquency status is at least 60 days delinquent under the Mortgage Bankers of America delinquency calculation and the owner has been notified of this delinquency. (B) The property owner is 90 days or more delinquent on tax payments. (C) Under State, local, or tribal law, foreclosure proceedings have been initiated or completed. (D) Foreclosure proceedings have been completed and title has been transferred to an intermediary aggregator or servicer. (2) Public organization The term public organization means, with respect to a State for which assistance under the Hardest Hit Fund program is made available, a public entity separate from the government of such State, including a public corporation, public land bank, or similar entity formed under State law. Such term does not include an agency of the State government. Notwithstanding any provision of title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.), such term public includes entities that are not financial institutions within the meaning given such term for purposes of such title I. (3) Related expenses The term related expenses includes expenses of acquiring foreclosed-upon properties to be demolished, but if such acquisition costs for a property do not exceed fair market value of the property, environmental cleanup of demolition sites, fencing and minor landscaping connected to such demolition, maintenance, disposition, and for such other expenses as the Secretary may provide. (4) Property The term property includes residential and commercial properties, including single-family and multifamily housing and industrial properties. | https://www.govinfo.gov/content/pkg/BILLS-113hr1550ih/xml/BILLS-113hr1550ih.xml |
113-hr-1551 | I 113th CONGRESS 1st Session H. R. 1551 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Meeks (for himself, Mr. Luetkemeyer , Mr. David Scott of Georgia , Mr. Sessions , and Mr. Clay ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To amend the Consumer Credit Protection Act to assure meaningful disclosures of the terms of rental-purchase agreements, including disclosures of all costs to consumers under such agreements, to provide certain substantive rights to consumers under such agreements, and for other purposes.
1. Short title This Act may be cited as the Consumer Rental Purchase Agreement Act . 2. Findings and declaration of purpose (a) Findings The Congress finds as follows: (1) The rental-purchase industry provides a service that meets and satisfies the demands of many consumers. (2) Each year, approximately 2,300,000 United States households enter into rental-purchase transactions and over a 5-year period approximately 4,900,000 United States households will do so. (3) Competition among the various firms engaged in the extension of rental-purchase transactions would be strengthened by informed use of rental-purchase transactions. (4) The informed use of rental-purchase transactions results from an awareness of the cost thereof by consumers. (b) Purpose The purpose of this title is to assure the availability of rental-purchase transactions and to assure simple, meaningful, and consistent disclosure of rental-purchase terms so that consumers will be able to more readily compare the available rental-purchase terms and avoid uninformed use of rental-purchase transactions, and to protect consumers against unfair rental-purchase practices. 3. Rental-purchase transactions covered under the Consumer Credit Protection Act The Consumer Credit Protection Act is amended by adding at the end the following new title: X Rental-purchase transactions Sec. 1001. Definitions. Sec. 1002. Exempted transactions. Sec. 1003. General disclosure requirements. Sec. 1004. Rental-purchase disclosures. Sec. 1005. Other agreement provisions. Sec. 1006. Right to acquire ownership. Sec. 1007. Prohibited provisions. Sec. 1008. Statement of accounts. Sec. 1009. Renegotiations and extensions. Sec. 1010. Point-of-rental disclosures. Sec. 1011. Rental-purchase advertising. Sec. 1012. Civil liability. Sec. 1013. Additional grounds for civil liability. Sec. 1014. Liability of assignees. Sec. 1015. Regulations. Sec. 1016. Enforcement. Sec. 1017. Criminal liability for willful and knowing violation. Sec. 1018. Relation to other laws. Sec. 1019. Effect on Government agencies. Sec. 1020. Compliance date. 1001. Definitions For purposes of this title, the following definitions shall apply: (1) Advertisement The term advertisement means a commercial message in any medium that promotes, directly or indirectly, a rental-purchase agreement but does not include price tags, window signs, or other in-store merchandising aids. (2) Agricultural purpose The term agricultural purpose includes— (A) the production, harvest, exhibition, marketing, transformation, processing, or manufacture of agricultural products by a natural person who cultivates plants or propagates or nurtures agricultural products; and (B) the acquisition of farmlands, real property with a farm residence, or personal property and services used primarily in farming. (3) Board The term Board means the Board of Governors of the Federal Reserve System. (4) Cash price The term cash price means the price at which a merchant, in the ordinary course of business, offers to sell for cash the property that is the subject of the rental-purchase transaction. (5) Consumer The term consumer means a natural person who is offered or enters into a rental-purchase agreement. (6) Date of consummation The term date of consummation means the date on which a consumer becomes contractually obligated under a rental-purchase agreement. (7) Initial payment The term initial payment means the amount to be paid before or at the consummation of the agreement or the delivery of the property if delivery occurs after consummation, including the rental payment; service, processing, or administrative charges; delivery fee; refundable security deposit; taxes; mandatory fees or charges; and any optional fees or charges agreed to by the consumer. (8) Merchant The term merchant means a person who provides the use of property through a rental-purchase agreement in the ordinary course of business and to whom a consumer’s initial payment under the agreement is payable. (9) Payment schedule The term payment schedule means the amount and timing of the periodic payments and the total number of all periodic payments that the consumer will make if the consumer acquires ownership of the property by making all periodic payments. (10) Periodic payment The term periodic payment means the total payment a consumer will make for a specific rental period after the initial payment, including the rental payment, taxes, mandatory fees or charges, and any optional fees or charges agreed to by the consumer. (11) Property The term property means property that is not real property under the laws of the State where the property is located when it is made available under a rental-purchase agreement. (12) Rental payment The term rental payment means rent required to be paid by a consumer for the possession and use of property for a specific rental period, but does not include taxes or any fees or charges. (13) Rental period The term rental period means a week, month, or other specific period of time, during which the consumer has a right to possess and use property that is the subject of a rental-purchase agreement after paying the rental payment and any applicable taxes for such period. (14) Rental-purchase agreement (A) In general The term rental-purchase agreement means a contract in the form of a bailment or lease for the use of property by a consumer for an initial period of 4 months or less, that is renewable with each payment by the consumer, and that permits but does not obligate the consumer to become the owner of the property. (B) Exclusions The term rental-purchase agreement does not include— (i) a credit sale (as defined in section 103(g) of the Truth in Lending Act); (ii) a consumer lease (as defined in section 181(1) of such Act); or (iii) a transaction giving rise to a debt incurred in connection with the business of lending money or a thing of value. (15) Rental-purchase cost (A) In general For purposes of sections 1010 and 1011, the term rental-purchase cost means the sum of all rental payments and mandatory fees or charges imposed by the merchant as a condition of entering into a rental-purchase agreement or acquiring ownership of property under a rental-purchase agreement, such as the following: (i) Service, processing, or administrative charge. (ii) Fee for an investigation or credit report. (iii) Charge for delivery required by the merchant. (B) Excluded items The following fees or charges shall not be taken into account in determining the rental-purchase cost with respect to a rental-purchase transaction: (i) Fees and charges prescribed by law, which actually are or will be paid to public officials or government entities, such as sales tax. (ii) Fees and charges for optional products and services offered in connection with a rental-purchase agreement. (16) State The term State means any State of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands. (17) Total cost The term total cost means the sum of the initial payment and all periodic payments in the payment schedule to be paid by the consumer to acquire ownership of the property that is the subject of the rental-purchase agreement. 1002. Exempted transactions This title shall not apply to rental-purchase agreements primarily for business, commercial, or agricultural purposes, or those made with Government agencies or instrumentalities. 1003. General disclosure requirements (a) Recipient of disclosure A merchant shall disclose to any person who will be a signatory to a rental-purchase agreement the information required by sections 1004 and 1005. (b) Timing of disclosure The disclosures required under sections 1004 and 1005 shall be made before the consummation of the rental-purchase agreement and clearly and conspicuously in writing as part of the rental-purchase agreement to be signed by the consumer. (c) Clearly and conspicuously As used in this section, the term clearly and conspicuously means that information required to be disclosed to the consumer shall be worded plainly and simply, and appear in a type size, prominence, and location as to be readily noticeable, readable, and comprehensible to an ordinary consumer. 1004. Rental-purchase disclosures (a) In general For each rental-purchase agreement, the merchant shall disclose to the consumer the following, to the extent applicable: (1) The date of the consummation of the rental-purchase transaction and the identities of the merchant and the consumer. (2) A brief description of the rental property, which shall be sufficient to identify the property to the consumer, including an identification or serial number, if applicable, and a statement indicating whether the property is new or used. (3) A description of any fee, charge or penalty, in addition to the periodic payment, that the consumer may be required to pay under the agreement, which shall be separately identified by type and amount. (4) A clear and conspicuous statement that the transaction is a rental-purchase agreement and that the consumer will not obtain ownership of the property until the consumer has paid the total dollar amount necessary to acquire ownership. (5) The amount of any initial payment, which includes the first periodic payment, and the total amount of any fees, taxes, or other charges, required to be paid by the consumer. (6) The amount of the cash price of the property that is the subject of the rental-purchase agreement, and, if the agreement involves the rental of 2 or more items as a set (as may be defined by the Board in regulation) a statement of the aggregate cash price of all items shall satisfy this requirement. (7) The amount and timing of periodic payments, and the total number of periodic payments necessary to acquire ownership of the property under the rental-purchase agreement. (8) The total cost, using that term, and a brief description, such as This is the amount you will pay the merchant if you make all periodic payments to acquire ownership of the property. . (9) A statement of the consumer’s right to terminate the agreement without paying any fee or charge not previously due under the agreement by voluntarily surrendering or returning the property in good repair upon expiration of any lease term. (10) Substantially the following statement: OTHER IMPORTANT TERMS : See your rental-purchase agreement for additional important information on early termination procedures, purchase option rights, responsibilities for loss, damage or destruction of the property, warranties, maintenance responsibilities, and other charges or penalties you may incur. . (b) Form of disclosure The disclosures required by paragraphs (4) through (10) of subsection (a) shall be segregated from other information at the beginning of the rental-purchase agreement and shall contain only directly related information, and shall be identified in boldface, uppercase letters as follows: IMPORTANT RENTAL–PURCHASE DISCLOSURES . (c) Disclosure requirements relating to insurance premiums and liability waivers (1) In general A merchant shall clearly and conspicuously disclose in writing to the consumer before the consummation of a rental-purchase agreement that the purchase of leased property insurance or liability waiver coverage is not required as a condition for entering into the rental-purchase agreement. (2) Affirmative written request after cost disclosure A merchant may provide insurance or liability waiver coverage, directly or indirectly, in connection with a rental-purchase transaction only if— (A) the merchant clearly and conspicuously discloses to the consumer the cost of each component of such coverage before the consummation of the rental-purchase agreement; and (B) the consumer signs an affirmative written request for such coverage after receiving the disclosures required under subparagraph (A) of this paragraph and paragraph (1). (d) Accuracy of disclosure (1) In general The disclosures required to be made under subsection (a) shall be accurate as of the date the disclosures are made, based on the information available to the merchant. (2) Information subsequently rendered inaccurate If information required to be disclosed under subsection (a) is subsequently rendered inaccurate as a result of any agreement between the merchant and the consumer subsequent to the delivery of the required disclosures, the resulting inaccuracy shall not constitute a violation of this title. 1005. Other agreement provisions (a) In general Each rental-purchase agreement shall— (1) provide a statement specifying whether the merchant or the consumer is responsible for loss, theft, damage, or destruction of the property; (2) provide a statement specifying whether the merchant or the consumer is responsible for maintaining or servicing the property, together with a brief description of the responsibility; (3) provide that the consumer may terminate the agreement without paying any charges not previously due under the agreement by voluntarily surrendering or returning the property that is the subject of the agreement upon expiration of any rental period; (4) contain a provision for reinstatement of the agreement, which at a minimum— (A) permits a consumer who fails to make a timely rental payment to reinstate the agreement, without losing any rights or options which exist under the agreement, by the payment of all past due rental payments and any other charges then due under the agreement and a payment for the next rental period within 7 business days after failing to make a timely rental payment if the consumer pays monthly, or within 3 business days after failing to make a timely rental payment if the consumer pays more frequently than monthly; (B) if the consumer returns or voluntarily surrenders the property covered by the agreement, other than through judicial process, during the applicable reinstatement period set forth in subparagraph (A), permits the consumer to reinstate the agreement during a period of at least 60 days after the date of the return or surrender of the property by the payment of all amounts previously due under the agreement, any applicable fees, and a payment for the next rental period; (C) if the consumer has paid 50 percent or more of the total cost necessary to acquire ownership and returns or voluntarily surrenders the property, other than through judicial process, during the applicable reinstatement period set forth in subparagraph (A), permits the consumer to reinstate the agreement during a period of at least 120 days after the date of the return of the property by the payment of all amounts previously due under the agreement, any applicable fees, and a payment for the next rental period; and (D) permits the consumer, upon reinstatement of the agreement to receive the same property, if available, that was the subject of the rental-purchase agreement, or if the same property is not available, a substitute item of comparable quality and condition may be provided to the consumer; except that, the Board may, by regulation or order, exempt any independent small business (as defined by the Board by regulation) from the requirement of providing the same or comparable product during the extended reinstatement period provided in subparagraph (C), if the Board determines, taking into account such standards as the Board determines to be appropriate, that the reinstatement right provided in such subparagraph would provide excessive hardship for such independent small business; (5) provide a statement specifying the terms under which the consumer shall acquire ownership of the property that is the subject of the rental-purchase agreement either by payment of the total cost to acquire ownership, as provided in section 1006, or by exercise of any early purchase option provided in the rental-purchase agreement; (6) provide a statement disclosing that if any part of a manufacturer’s express warranty covers the property at the time the consumer acquires ownership of the property, the warranty will be transferred to the consumer if allowed by the terms of the warranty; and (7) provide, to the extent applicable, a description of any grace period for making any periodic payment, the amount of any security deposit, if any, to be paid by the consumer upon initiation of the rental-purchase agreement, and the terms for refund of such security deposit to the consumer upon return, surrender or purchase of the property. (b) Repossession during reinstatement period Subsection (a)(4) shall not be construed so as to prevent a merchant from attempting to repossess property during the reinstatement period pursuant to subsection (a)(4)(A), but such a repossession does not affect the consumer’s right to reinstate. 1006. Right to acquire ownership (a) In general The consumer shall acquire ownership of the property that is the subject of the rental-purchase agreement, and the rental-purchase agreement shall terminate, upon compliance by the consumer with the requirements of subsection (b) or any early payment option provided in the rental purchase agreement, and upon payment of any past due payments and fees, as permitted in regulation by the Board. (b) Payment of total cost The consumer shall acquire ownership of the rental property upon payment of the total cost of the rental-purchase agreement, as such term is defined in section 1001(17), and as disclosed to the consumer in the rental-purchase agreement pursuant to section 1004(a). (c) Additional fees prohibited A merchant shall not require the consumer to pay, as a condition for acquiring ownership of the property that is the subject of the rental-purchase agreement, any fee or charge in addition to, or in excess of, the regular periodic payments required by subsection (b), or any early purchase option amount provided in the rental-purchase agreement, as applicable. A requirement that the consumer pay an unpaid late charge or other fee or charge which the merchant has previously billed to the consumer shall not constitute an additional fee or charge for purposes of this subsection. (d) Transfer of ownership rights Upon payment by the consumer of all payments necessary to acquire ownership under subsection (b) or any early purchase option amount provided in the rental-purchase agreement, as appropriate, the merchant shall— (1) deliver, or mail to the consumer’s last known address, such documents or other instruments, which the Board has determined by regulation, are necessary to acknowledge full ownership by the consumer of the property acquired pursuant to the rental-purchase agreement; and (2) transfer to the consumer the unexpired portion of any warranties provided by the manufacturer, distributor, or seller of the property, which shall apply as if the consumer were the original purchaser of the property, except where such transfer is prohibited by the terms of the warranty. 1007. Prohibited provisions A rental-purchase agreement may not contain— (1) a confession of judgment; (2) a negotiable instrument; (3) a security interest or any other claim of a property interest in any goods, except those goods the use of which is provided by the merchant pursuant to the agreement; (4) a wage assignment; (5) a provision requiring the waiver of any legal claim or remedy created by this title or other provision of Federal or State law; (6) a provision requiring the consumer, in the event the property subject to the rental-purchase agreement is lost, stolen, damaged, or destroyed, to pay an amount in excess of the least of— (A) the fair market value of the property, as determined by the Board in regulation; (B) any early purchase option amount provided in the rental-purchase agreement; or (C) the actual cost of repair, as appropriate; (7) a provision authorizing the merchant, or a person acting on behalf of the merchant, to enter the consumer’s dwelling or other premises without obtaining the consumer’s consent or to commit any breach of the peace in connection with the repossession of the rental property or the collection of any obligation or alleged obligation of the consumer arising out of the rental-purchase agreement; (8) a provision requiring the purchase of insurance or liability damage waiver to cover the property that is the subject of the rental-purchase agreement, except as permitted by the Board in regulation; (9) a provision requiring the consumer to pay more than 1 late fee or charge for an unpaid or delinquent periodic payment, regardless of the period in which the payment remains unpaid or delinquent, or to pay a late fee or charge for any periodic payment because a previously assessed late fee has not been paid in full. 1008. Statement of accounts Upon request of a consumer, a merchant shall provide a statement of the consumer’s account. If a consumer requests a statement for an individual account more than 4 times in any 12-month period, the merchant may charge a reasonable fee for the additional statements. 1009. Renegotiations and extensions (a) Renegotiations A renegotiation occurs when a rental-purchase agreement is satisfied and replaced by a new agreement undertaken by the same consumer. A renegotiation requires new disclosures, except as provided in subsection (c). (b) Extensions An extension is an agreement by the consumer and the merchant, to continue an existing rental-purchase agreement beyond the original end of the payment schedule, but does not include a continuation that is the result of a renegotiation. (c) Exceptions New disclosures are not required for the following, even if they meet the definition of a renegotiation or an extension: (1) A reduction in payments. (2) A deferment of 1 or more payments. (3) The extension of a rental-purchase agreement. (4) The substitution of property with property that has a substantially equivalent or greater economic value provided the rental-purchase cost does not increase. (5) The deletion of property in a multiple-item agreement. (6) A change in rental period provided the rental-purchase cost does not increase. (7) An agreement resulting from a court proceeding. (8) Any other event described in regulations prescribed by the Board. 1010. Point-of-rental disclosures (a) In general For any item of property or set of items displayed or offered for rental-purchase, the merchant shall display on or next to the item or set of items a card, tag, or label that clearly and conspicuously discloses the following: (1) A brief description of the property. (2) Whether the property is new or used. (3) The cash price of the property. (4) The amount of each rental payment. (5) The total number of rental payments necessary to acquire ownership of the property. (6) The rental-purchase cost. (b) Form of disclosure (1) In general A merchant may make the disclosure required by subsection (a) in the form of a list or catalog which is readily available to the consumer at the point of rental if the merchandise is not displayed in the merchant’s showroom or if displaying a card, tag, or label would be impractical due to the size of the merchandise. (2) Clearly and conspicuously As used in this section, the term clearly and conspicuously means that information required to be disclosed to the consumer shall appear in a type size, prominence, and location as to be noticeable, readable, and comprehensible to an ordinary consumer. 1011. Rental-purchase advertising (a) In general If an advertisement for a rental-purchase transaction refers to or states the amount of any payment for any specific item or set of items, the merchant making the advertisement shall also clearly and conspicuously state in the advertisement the following for the item, or set of items, advertised: (1) The transaction advertised is a rental-purchase agreement. (2) The amount, timing, and total number of rental payments necessary to acquire ownership under the rental-purchase agreement. (3) The amount of the rental-purchase cost. (4) To acquire ownership of the property the consumer must pay the rental-purchase cost plus applicable taxes. (5) Whether the stated payment amount and advertised rental-purchase cost is for new or used property. (b) Prohibition An advertisement for a rental-purchase agreement shall not state or imply that a specific item, or set of items, is available at specific amounts or terms unless the merchant usually and customarily offers, or will offer, the item or set of items at the stated amounts or terms. (c) Clearly and conspicuously (1) In general For purposes of this section, the term clearly and conspicuously means that required disclosures shall be presented in a type, size, shade, contrast, prominence, location, and manner, as applicable to different mediums for advertising, so as to be readily noticeable and comprehensible to the ordinary consumer. (2) Regulatory guidance The Board shall prescribe regulations on principles and factors to meet the clear and conspicuous standard as appropriate to print, video, audio, and computerized advertising, reflecting the principles and factors typically applied in each medium by the Federal Trade Commission. (3) Limitation Nothing contrary to, inconsistent with, or in mitigation of, the required disclosures shall be used in any advertisement in any medium, and no audio, video, or print technique shall be used that is likely to obscure or detract significantly from the communication of the disclosures. 1012. Civil liability (a) In general Except as otherwise provided in section 1013, any merchant who fails to comply with any requirement of this title with respect to any consumer is liable to such consumer as provided for leases in section 130. For purposes of this section, the term creditor as used in section 130 shall include a merchant , as defined in section 1001. (b) Jurisdiction of courts; limitation on actions (1) In general Notwithstanding section 130(e), any action under this section may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 1-year period beginning on the date the last payment was made by the consumer under the rental-purchase agreement. (2) Recoupment or set-off This subsection shall not bar a consumer from asserting a violation of this title in an action to collect an obligation arising from a rental-purchase agreement, which was brought after the end of the 1-year period described in paragraph (1) as a matter of defense by recoupment or set-off in such action, except as otherwise provided by State law. 1013. Additional grounds for civil liability (a) Individual cases with actual damages Any merchant who fails to comply with any requirements imposed under section 1010 or 1011 with respect to any consumer who suffers actual damage from the violation shall be liable to such consumer as provided in section 130. (b) Pattern or practice of violations If a merchant engages in a pattern or practice of violating any requirement imposed under section 1010 or 1011, the Federal Trade Commission or an appropriate State attorney general, in accordance with section 1016, may initiate an action to enforce sanctions against the merchant, including— (1) an order to cease and desist from such practices; and (2) a civil money penalty of such amount as the court may impose, based on such factors as the court may determine to be appropriate. 1014. Liability of assignees (a) Assignees included For purposes of section 1013, and this section, the term merchant includes an assignee of a merchant. (b) Liabilities of assignees (1) Apparent violation An action under section 1012 or 1013 for a violation of this title may be brought against an assignee only if the violation is apparent on the face of the rental-purchase agreement to which it relates. (2) Apparent violation defined For purposes of this subsection, a violation that is apparent on the face of a rental-purchase agreement includes, but is not limited to, a disclosure that can be determined to be incomplete or inaccurate from the face of the agreement. (3) Involuntary assignment An assignee has no liability in a case in which the assignment is involuntary. (4) Rule of construction No provision of this section shall be construed as limiting or altering the liability under section 1012 or 1013 of a merchant assigning a rental-purchase agreement. (c) Proof of disclosure In an action by or against an assignee, the consumer’s written acknowledgment of receipt of a disclosure, made as part of the rental-purchase agreement, shall be conclusive proof that the disclosure was made, if the assignee had no knowledge that the disclosure had not been made when the assignee acquired the rental-purchase agreement to which it relates. 1015. Regulations (a) In general The Board shall prescribe regulations as necessary to carry out the purposes of this title, to prevent its circumvention, and to facilitate compliance with its requirements. (b) Model disclosure forms The Board may publish model disclosure forms and clauses for common rental-purchase agreements to facilitate compliance with the disclosure requirements of this title and to aid the consumer in understanding the transaction by utilizing readily understandable language to simplify the technical nature of the disclosures. In devising such forms, the Board shall consider the use by merchants of data processing or similar automated equipment. Nothing in this title may be construed to require a merchant to use any such model form or clause prescribed by the Board under this section. A merchant shall be deemed to be in compliance with the requirement to provide disclosure under section 1003(a) if the merchant— (1) uses any appropriate model form or clause as published by the Board; or (2) uses any such model form or clause and changes it by— (A) deleting any information which is not required by this title; or (B) rearranging the format, if in making such deletion or rearranging the format, the merchant does not affect the substance, clarity, or meaningful sequence of the disclosure. (c) Effective date of regulations Any regulation prescribed by the Board, or any amendment or interpretation thereof, shall not be effective before the October 1 that follows the date of publication of the regulation in final form by at least 6 months. The Board may at its discretion lengthen that period of time to permit merchants to adjust to accommodate new requirements. The Board may also shorten that period of time, notwithstanding the first sentence, if it makes a specific finding that such action is necessary to comply with the findings of a court or to prevent unfair or deceptive practices. In any case, merchants may comply with any newly prescribed disclosure requirement prior to its effective date. 1016. Enforcement (a) Federal enforcement Compliance with the requirements imposed under this title shall be enforced under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), and a violation of any requirements imposed under this title shall be deemed a violation of a requirement imposed under that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Commission to enforce compliance by any person with the requirements of this title, irrespective of whether that person is engaged in commerce or meets any other jurisdictional test in the Federal Trade Commission Act . (b) State enforcement (1) In general An action to enforce the requirements imposed by this title may also be brought by the appropriate State attorney general in any appropriate United States district court, or any other court of competent jurisdiction. (2) Prior written notice (A) In general The State attorney general shall provide prior written notice of any such civil action to the Federal Trade Commission and shall provide the Commission with a copy of the complaint. (B) Emergency action If prior notice is not feasible, the State attorney general shall provide notice to the Commission immediately upon instituting the action. (3) FTC intervention The Commission may— (A) intervene in the action; (B) upon intervening— (i) remove the action to the appropriate United States district court, if it was not originally brought there; and (ii) be heard on all matters arising in the action; and (C) file a petition for appeal. 1017. Criminal liability for willful and knowing violation Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this title or any regulation issued thereunder shall be subject to the penalty provisions as provided in section 112. 1018. Relation to other laws (a) Relation to State law (1) No effect on consistent State laws Except as otherwise provided in subsection (b), this title does not annul, alter, or affect in any manner the meaning, scope or applicability of the laws of any State relating to rental-purchase agreements, except to the extent those laws are inconsistent with any provision of this title, and then only to the extent of the inconsistency. (2) Determination of inconsistency Upon its own motion or upon the request of an interested party, which is submitted in accordance with procedures prescribed in regulations of the Board, the Board shall determine whether any such inconsistency exists. If the Board determines that a term or provision of a State law is inconsistent, merchants located in that State need not follow such term or provision and shall incur no liability under the law of that State for failure to follow such term or provision, notwithstanding that such determination is subsequently amended, rescinded, or determined by judicial or other authority to be invalid for any reason. (3) Greater protection under State law Except as provided in subsection (b), for purposes of this section, a term or provision of a State law is not inconsistent with the provisions of this title if the term or provision affords greater protection and benefit to the consumer than the protection and benefit provided under this title as determined by the Board, on its own motion or upon the petition of any interested party. (b) State laws relating to characterization of transaction Notwithstanding the provisions of subsection (a), this title shall supersede any State law to the extent that such law— (1) regulates a rental-purchase agreement as a security interest, credit sale, retail installment sale, conditional sale or any other form of consumer credit, or that imputes to a rental-purchase agreement the creation of a debt or extension of credit, or (2) requires the disclosure of a percentage rate calculation, including a time-price differential, an annual percentage rate, or an effective annual percentage rate. (c) Relation to Federal Trade Commission Act No provision of this title shall be construed as limiting, superseding, or otherwise affecting the applicability of the Federal Trade Commission Act to any merchant or rental-purchase transaction. 1019. Effect on Government agencies No civil liability or criminal penalty under this title may be imposed on the United States or any of its departments or agencies, any State or political subdivision, or any agency of a State or political subdivision. 1020. Compliance date Compliance with this title shall not be required until 6 months after the date of the enactment of the Consumer Rental Purchase Agreement Act . In any case, merchants may comply with this title at any time after such date of enactment. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1551ih/xml/BILLS-113hr1551ih.xml |
113-hr-1552 | I 113th CONGRESS 1st Session H. R. 1552 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Huizenga of Michigan introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Internal Revenue Code of 1986 to allow the transfer of required minimum distributions from a retirement plan to a health savings account.
1. Short title This Act may be cited as the Health Freedom for Seniors Act . 2. Transfer of required minimum distribution from retirement plan to health savings account (a) Transfer from retirement plan (1) Individual retirement accounts Section 408(d) of such Code is amended by adding at the end the following new paragraph: (10) Required minimum distribution transferred to health savings account (A) In general In the case of an individual who has attained the age of 70 ½ and who elects the application of this paragraph for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. (B) Qualified HSA transfer For purposes of this paragraph, the term qualified HSA transfer means any distribution from an individual retirement plan— (i) to a health savings account of the individual in a direct trustee-to-trustee transfer, (ii) to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. (C) Application of section 72 Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of paragraph (1), the entire amount of the distribution shall be treated as includible in gross income without regard to paragraph (1) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all individual retirement plans of the individual were distributed during such taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. (D) Coordination An election may not be made under subparagraph (A) for a taxable year for which an election is in effect under paragraph (9). . (2) Other retirement plans Section 402 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (m) Required minimum distribution transferred to health savings account (1) In general In the case of an individual who has attained the age of 70 ½ and who elects the application of this subsection for a taxable year, gross income of the individual for the taxable year does not include a qualified HSA transfer to the extent such transfer is otherwise includible in gross income. (2) Qualified HSA transfer For purposes of this subsection, the term qualified HSA transfer means any distribution from an retirement plan— (A) to a health savings account of the individual in a direct trustee-to-trustee transfer, (B) to the extent such distribution does not exceed the required minimum distribution determined under section 401(a)(9) for the distribution calendar year ending during the taxable year. (3) Application of section 72 Notwithstanding section 72, in determining the extent to which an amount is treated as a distribution for purposes of paragraph (1), the entire amount of the distribution shall be treated as includible in gross income without regard to paragraph (1) to the extent that such amount does not exceed the aggregate amount which would have been so includible if all amounts in all eligible retirement plans of the individual were distributed during such taxable year and all such plans were treated as 1 contract for purposes of determining under section 72 the aggregate amount which would have been so includible. Proper adjustments shall be made in applying section 72 to other distributions in such taxable year and subsequent taxable years. (4) Eligible retirement plan For purposes of this subsection, the term eligible retirement plan has the meaning given such term by subsection (c)(8)(B) (determined without regard to clauses (i) and (ii) thereof). . (b) Transfer to health savings account (1) In general Subparagraph (A) of section 223(d)(1) of such Code is amended by striking or at the end of clause (i), by striking the period at the end of clause (ii)(II) and inserting , or , and by adding at the end the following new clause: (iii) unless it is in a qualified HSA transfer described in section 408(d)(10) or 402(m). . (2) Excise tax inapplicable to qualified HSA transfer Paragraph (1) of section 4973(g) of such Code is amended by inserting or in a qualified HSA transfer described in section 408(d)(10) or 402(m) after or 223(f)(5) . (c) Effective date The amendments made by this section shall apply to distributions made after the date of the enactment of this Act, in taxable years ending after such date. | https://www.govinfo.gov/content/pkg/BILLS-113hr1552ih/xml/BILLS-113hr1552ih.xml |
113-hr-1553 | I 113th CONGRESS 1st Session H. R. 1553 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mrs. Capito (for herself, Mrs. Carolyn B. Maloney of New York , Mr. Carney , Mr. Huizenga of Michigan , Mr. Lucas , Mr. Pittenger , Mr. Barr , Ms. Moore , Mr. Ross , Mrs. McCarthy of New York , Mr. Gary G. Miller of California , Mr. Westmoreland , Mr. Luetkemeyer , Mr. Hurt , Mrs. Wagner , Mr. Grimm , Mr. Stivers , Mrs. Bachmann , Mr. Fitzpatrick , Mr. King of New York , Mr. Garrett , Mr. Fincher , Mr. Hinojosa , Mr. Royce , Mr. Posey , Mr. Pearce , Mr. Duffy , and Mr. Neugebauer ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To improve the examination of depository institutions, and for other purposes.
1. Short title This Act may be cited as the Financial Institutions Examination Fairness and Reform Act . 2. Timeliness of examination reports The Federal Financial Institutions Examination Council Act of 1978 (12 U.S.C. 3301 et seq.) is amended by adding at the end the following: 1012. Timeliness of examination reports (a) In general (1) Final examination report A Federal financial institutions regulatory agency shall provide a final examination report to a financial institution not later than 60 days after the later of— (A) the exit interview for an examination of the institution; or (B) the provision of additional information by the institution relating to the examination. (2) Exit interview If a financial institution is not subject to a resident examiner program, the exit interview shall occur not later than the end of the 9-month period beginning on the commencement of the examination, except that such period may be extended by the Federal financial institutions regulatory agency by providing written notice to the institution and the Office of Examination Ombudsman describing with particularity the reasons that a longer period is needed to complete the examination. (b) Examination materials Upon the request of a financial institution, the Federal financial institutions regulatory agency shall include with the final report an appendix listing all examination or other factual information relied upon by the agency in support of a material supervisory determination. . 3. Examination standards (a) In general The Federal Financial Institutions Examination Council Act of 1978 is further amended by adding after section 1012 the following: 1013. Examination standards (a) In general In the examination of financial institutions— (1) a commercial loan shall not be placed in non-accrual status solely because the collateral for such loan has deteriorated in value; (2) a modified or restructured commercial loan shall be removed from non-accrual status if the borrower demonstrates the ability to perform on such loan over a maximum period of 6 months, except that with respect to loans on a quarterly, semiannual, or longer repayment schedule such period shall be a maximum of 3 consecutive repayment periods; (3) a new appraisal on a performing commercial loan shall not be required unless an advance of new funds is involved; (4) in classifying a commercial loan in which there has been deterioration in collateral value, the amount to be classified shall be the portion of the deficiency relating to the decline in collateral value and repayment capacity of the borrower. (b) Well capitalized institutions The Federal financial institutions regulatory agencies may not require a financial institution that is well capitalized to raise additional capital in lieu of an action prohibited under subsection (a). (c) Consistent loan classifications The Federal financial institutions regulatory agencies shall develop and apply identical definitions and reporting requirements for non-accrual loans. . (b) Definition of material supervisory determination Section 309(f)(1)(A) of the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4806(f)(1)(A)) is amended— (1) in clause (ii), by striking and at the end; and (2) by inserting after clause (iii) the following: (iv) any issue specifically listed in an exam report as a matter requiring attention by the institution’s management or board of directors; and . 4. Examination Ombudsman (a) In general The Federal Financial Institutions Examination Council Act of 1978 is further amended by adding after section 1013 the following: 1014. Office of Examination Ombudsman (a) Establishment There is established in the Council an Office of Examination Ombudsman. (b) Head of office There is established the position of the Ombudsman, who shall serve as the head of the Office of Examination Ombudsman, and who shall be hired separately by the Council and shall be independent from any member agency of the Council. (c) Staffing The Ombudsman is authorized to hire staff to support the activities of the Office of Examination Ombudsman. (d) Duties The Ombudsman shall— (1) receive and, at the Ombudsman’s discretion, investigate complaints from financial institutions, their representatives, or another entity acting on behalf of such institutions, concerning examinations, examination practices, or examination reports; (2) hold meetings, at least once every three months and in locations designed to encourage participation from all sections of the United States, with financial institutions, their representatives, or another entity acting on behalf of such institutions, to discuss examination procedures, examination practices, or examination policies; (3) review examination procedures of the Federal financial institutions regulatory agencies to ensure that the written examination policies of those agencies are being followed in practice and adhere to the standards for consistency established by the Council; (4) conduct a continuing and regular program of examination quality assurance for all examination types conducted by the Federal financial institutions regulatory agencies; (5) process any supervisory appeal initiated under section 1015 or section 309(e) of the Riegle Community Development and Regulatory Improvement Act of 1994; and (6) report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Council, on the reviews carried out pursuant to paragraphs (3) and (4), including compliance with the requirements set forth in section 1012 regarding timeliness of examination reports, and the Council’s recommendations for improvements in examination procedures, practices, and policies. (e) Confidentiality The Ombudsman shall keep confidential all meetings, discussions, and information provided by financial institutions. . (b) Definition Section 1003 of the Federal Financial Institutions Examination Council Act of 1978 is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3), by adding and at the end; and (3) by adding at the end the following: (4) the term Ombudsman means the Ombudsman established under section 1014(a). . 5. Right to appeal before an independent administrative law judge The Federal Financial Institutions Examination Council Act of 1978 is further amended by adding after section 1014 the following: 1015. Right to appeal before an independent administrative law judge (a) In general A financial institution shall have the right to appeal a material supervisory determination contained in a final report of examination. (b) Notice (1) Timing A financial institution seeking an appeal under this section shall file a written notice with the Ombudsman within 60 days after receiving the final report or examination that is the subject of such appeal. (2) Identification of determination The written notice shall identify the material supervisory determination that is the subject of the appeal, and a statement of the reasons why the institution believes that the determination is incorrect or should otherwise be modified. (3) Information to be provided to institution Any information relied upon by the agency in the final report that is not in the possession of the financial institution may be requested by the financial institution and shall be delivered promptly by the agency to the financial institution. (c) Hearing before independent administrative law judge (1) In general The Ombudsman shall determine the merits of the appeal on the record, after an opportunity for a hearing before an independent administrative law judge. (2) Hearing procedures If a hearing is requested by the financial institution, the hearing shall— (A) take place not later than 60 days after the notice of the appeal was received by the Ombudsman; and (B) be conducted pursuant to the procedures set forth under sections 556 and 557 of title 5, United States Code. (3) Judge recommendation; standard of review In any hearing under this subsection— (A) the administrative law judge shall recommend to the Ombudsman what determination should be made; and (B) in making such recommendation, the administrative law judge shall not defer to the opinions of the examiner or agency, but shall independently determine the appropriateness of the agency’s decision based upon the relevant statutes, regulations, and other appropriate guidance. (d) Final decision A decision by the Ombudsman on an appeal under this section shall— (1) be made not later than 60 days after the record has been closed; and (2) be final agency action and shall bind the agency whose supervisory determination was the subject of the appeal and the financial institution making the appeal. (e) Report The Ombudsman shall report annually to the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate on actions taken on appeals under this section, including the types of issues that financial institutions have appealed and the results of those appeals. In no case shall such a report contain information about individual financial institutions or any confidential or privileged information shared by financial institutions. (f) Retaliation prohibited A Federal financial institutions regulatory agency may not— (1) retaliate against a financial institution, including service providers, or any institution-affiliated party, for exercising appellate rights under this section; or (2) delay or deny any agency action that would benefit a financial institution or any institution-affiliated party on the basis that an appeal under this section is pending under this section. . 6. Additional amendments (a) Riegle Community Development and Regulatory Improvement Act of 1994 Section 309 of the Riegle Community Development and Regulatory Improvement Act of 1994 ( 12 U.S.C. 4806 ), is amended— (1) in subsection (a), by inserting after appropriate Federal banking agency the following: , the Bureau of Consumer Financial Protection, ; (2) in subsection (b)— (A) in paragraph (2), by striking the appellant from retaliation by agency examiners and inserting the insured depository institution or insured credit union from retaliation by the agencies referred to in subsection (a) ; and (B) by adding at the end the following flush-left text: For purposes of this subsection and subsection (e), retaliation includes delaying consideration of, or withholding approval of, any request, notice, or application that otherwise would have been approved, but for the exercise of the institution’s or credit union’s rights under this section. ; and (3) in subsection (e)(2)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period and inserting ; and ; and (C) by adding at the end the following: (D) ensure that appropriate safeguards exist for protecting the insured depository institution or insured credit union from retaliation by any agency referred to in subsection (a) for exercising its rights under this subsection. . (b) Federal Deposit Insurance Act Section 18(x) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(x) ) is amended by inserting the Bureau of Consumer Financial Protection, before any Federal banking agency each place such term appears. (c) Federal Credit Union Act Section 205(j) of the Federal Credit Union Act ( 12 U.S.C. 1785(j) ) is amended by inserting the Bureau of Consumer Financial Protection, before the Administration each place such term appears. (d) Technical corrections The Federal Financial Institutions Examination Council Act of 1978 ( 12 U.S.C. 3301 et seq. ) is amended— (1) in section 1003(1), by striking the Office of Thrift Supervision, ; and (2) in section 1005, by striking One-fifth and inserting One-fourth . | https://www.govinfo.gov/content/pkg/BILLS-113hr1553ih/xml/BILLS-113hr1553ih.xml |
113-hr-1554 | I 113th CONGRESS 1st Session H. R. 1554 IN THE HOUSE OF REPRESENTATIVES April 15, 2013 Mr. Doggett (for himself, Ms. Bass , Mr. Becerra , Mr. Blumenauer , Mr. Capuano , Ms. Chu , Mr. Cicilline , Mr. Conyers , Mr. Cummings , Mr. DeFazio , Ms. DeGette , Ms. DeLauro , Mr. Deutch , Mr. Dingell , Ms. Edwards , Mr. Ellison , Mr. Farr , Mr. Gene Green of Texas , Mr. Grijalva , Mr. Higgins , Mr. Huffman , Ms. Eddie Bernice Johnson of Texas , Mr. Johnson of Georgia , Mr. Larson of Connecticut , Ms. Lee of California , Mr. Loebsack , Mr. Lynch , Mr. Markey , Ms. McCollum , Mr. McDermott , Mr. McGovern , Mr. George Miller of California , Ms. Moore , Mr. Moran , Mr. Pascrell , Mr. Peters of Michigan , Mr. Rush , Ms. Schakowsky , Mr. Sherman , Ms. Slaughter , Mr. Tierney , Mr. Tonko , Ms. Tsongas , Mr. Van Hollen , Mr. Welch , Mr. Yarmuth , Mr. Langevin , Mr. Holt , Mr. Lipinski , Mr. Gutierrez , Mr. Lewis , Mr. Garamendi , Mr. Payne , and Mr. Cohen ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committee on Financial Services , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To restrict the use of offshore tax havens and abusive tax shelters to inappropriately avoid Federal taxation, and for other purposes.
1. Short title; etc (a) Short title This Act may be cited as the Stop Tax Haven Abuse Act . (b) Amendment of 1986 code Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. (c) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; etc. Title I—Deterring the use of tax havens for tax evasion Sec. 101. Authorizing special measures against foreign jurisdictions, financial institutions, and others that significantly impede United States tax enforcement. Sec. 102. Strengthening the Foreign Account Tax Compliance Act (FATCA). Sec. 103. Treatment of foreign corporations managed and controlled in the United States as domestic corporations. Sec. 104. Reporting United States beneficial owners of foreign owned financial accounts. Sec. 105. Swap payments made from the United States to persons offshore. Title II—Other measures to combat tax haven and tax shelter abuses Sec. 201. Country-by-country reporting. Sec. 202. Penalty for failing to disclose offshore holdings. Sec. 203. Deadline for anti-money laundering rule for investment advisers. Sec. 204. Anti-money laundering requirements for formation agents. Sec. 205. Strengthening John Doe summons proceedings. Sec. 206. Improving enforcement of foreign financial account reporting. Title III—Combating tax shelter promoters Sec. 301. Penalty for promoting abusive tax shelters. Sec. 302. Penalty for aiding and abetting the understatement of tax liability. Sec. 303. Prohibited fee arrangement. Sec. 304. Preventing tax shelter activities by financial institutions. Sec. 305. Information sharing for enforcement purposes. Sec. 306. Disclosure of information to Congress. Sec. 307. Tax opinion standards for tax practitioners. I Deterring the use of tax havens for tax evasion 101. Authorizing special measures against foreign jurisdictions, financial institutions, and others that significantly impede United States tax enforcement Section 5318A of title 31, United States Code, is amended— (1) by striking the section heading and inserting the following: 5318A. Special measures for jurisdictions, financial institutions, or international transactions that are of primary money laundering concern or significantly impede United States tax enforcement ; (2) in subsection (a), by striking the subsection heading and inserting the following: (a) Special measures To counter money laundering and efforts to significantly impede United States tax enforcement ; (3) in subsection (c)— (A) by striking the subsection heading and inserting the following: (c) Consultations and information To be considered in finding jurisdictions, institutions, types of accounts, or transactions To be of primary money laundering concern or To be significantly impeding United States tax enforcement ; and (B) by inserting at the end of paragraph (2) thereof the following new subparagraph: (C) Other considerations The fact that a jurisdiction or financial institution is cooperating with the United States on implementing the requirements specified in chapter 4 of the Internal Revenue Code of 1986 may be favorably considered in evaluating whether such jurisdiction or financial institution is significantly impeding United States tax enforcement. ; (4) in subsection (a)(1), by inserting or is significantly impeding United States tax enforcement after primary money laundering concern ; (5) in subsection (a)(4)— (A) in subparagraph (A)— (i) by inserting in matters involving money laundering, before shall consult ; and (ii) by striking and at the end; (B) by redesignating subparagraph (B) as subparagraph (C); and (C) by inserting after subparagraph (A) the following: (B) in matters involving United States tax enforcement, shall consult with the Commissioner of the Internal Revenue, the Secretary of State, the Attorney General of the United States, and in the sole discretion of the Secretary, such other agencies and interested parties as the Secretary may find to be appropriate; and ; (6) in each of paragraphs (1)(A), (2), (3), and (4) of subsection (b), by inserting or to be significantly impeding United States tax enforcement after primary money laundering concern each place that term appears; (7) in subsection (b), by striking paragraph (5) and inserting the following: (5) Prohibitions or conditions on opening or maintaining certain correspondent or payable-through accounts or authorizing certain payment cards If the Secretary finds a jurisdiction outside of the United States, 1 or more financial institutions operating outside of the United States, or 1 or more classes of transactions within or involving a jurisdiction outside of the United States to be of primary money laundering concern or to be significantly impeding United States tax enforcement, the Secretary, in consultation with the Secretary of State, the Attorney General of the United States, and the Chairman of the Board of Governors of the Federal Reserve System, may prohibit, or impose conditions upon— (A) the opening or maintaining in the United States of a correspondent account or payable-through account; or (B) the authorization, approval, or use in the United States of a credit card, charge card, debit card, or similar credit or debit financial instrument by any domestic financial institution, financial agency, or credit card company or association, for or on behalf of a foreign banking institution, if such correspondent account, payable-through account, credit card, charge card, debit card, or similar credit or debit financial instrument, involves any such jurisdiction or institution, or if any such transaction may be conducted through such correspondent account, payable-through account, credit card, charge card, debit card, or similar credit or debit financial instrument. ; (8) in subsection (c)(1), by inserting or is significantly impeding United States tax enforcement after primary money laundering concern ; (9) in subsection (c)(2)(A)— (A) in clause (ii), by striking bank secrecy or special regulatory advantages and inserting bank, tax, corporate, trust, or financial secrecy or regulatory advantages ; (B) in clause (iii), by striking supervisory and counter-money and inserting supervisory, international tax enforcement, and counter-money ; (C) in clause (v), by striking banking or secrecy and inserting banking, tax, or secrecy ; and (D) in clause (vi), by inserting , tax treaty, or tax information exchange agreement after treaty ; (10) in subsection (c)(2)(B)— (A) in clause (i), by inserting or tax evasion after money laundering ; and (B) in clause (iii), by inserting , tax evasion, after money laundering ; and (11) in subsection (d), by inserting involving money laundering, and shall notify, in writing, the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives of any such action involving United States tax enforcement after such action . 102. Strengthening the Foreign Account Tax Compliance Act (FATCA) (a) Reporting activities with respect to passive foreign investment companies Section 1298(f) is amended by inserting , or who directly or indirectly forms, transfers assets to, is a beneficiary of, has a beneficial interest in, or receives money or property or the use thereof from, after shareholder of . (b) Withholdable payments to foreign financial institutions Section 1471(d) is amended— (1) by inserting or transaction after any depository in paragraph (2)(A), and (2) by striking or any interest and all that follows in paragraph (5)(C) and inserting derivatives, or any interest (including a futures or forward contract, swap, or option) in such securities, partnership interests, commodities, or derivatives. . (c) Withholdable payments to other foreign financial institutions Section 1472 is amended— (1) by inserting as a result of any customer identification, anti-money laundering, anti-corruption, or similar obligation to identify account holders, after reason to know, in subsection (b)(2), and (2) by inserting as posing a low risk of tax evasion after this subsection in subsection (c)(1)(G). (d) Definitions Clauses (i) and (ii) of section 1473(2)(A) are each amended by inserting or as a beneficial owner after indirectly . (e) Special rules Section 1474(c) is amended— (1) by inserting , except that information provided under sections 1471(c) or 1472(b) may be disclosed to any Federal law enforcement agency, upon request or upon the initiation of the Secretary, to investigate or address a possible violation of United States law after shall apply in paragraph (1), and (2) by inserting , or has had an agreement terminated under such section, after section 1471(b) in paragraph (2). (f) Information with respect to foreign financial assets Section 6038D(a) is amended by inserting ownership or beneficial ownership after holds any . (g) Establishing presumptions for entities and transactions involving non-FATCA institutions (1) Presumptions for tax purposes (A) In general Chapter 76 is amended by inserting after section 7491 the following new subchapter: F Presumptions for certain legal proceedings Sec. 7492. Presumptions pertaining to entities and transactions involving non-FATCA institutions. 7492. Presumptions pertaining to entities and transactions involving non-FATCA institutions (a) Control For purposes of any United States civil judicial or administrative proceeding to determine or collect tax, there shall be a rebuttable presumption that a United States person (other than an entity with shares regularly traded on an established securities market) who, directly or indirectly, formed, transferred assets to, was a beneficiary of, had a beneficial interest in, or received money or property or the use thereof from an entity, including a trust, corporation, limited liability company, partnership, or foundation (other than an entity with shares regularly traded on an established securities market), that holds an account, or in any other manner has assets, in a non-FATCA institution, exercised control over such entity. The presumption of control created by this subsection shall not be applied to prevent the Secretary from determining or arguing the absence of control. (b) Transfers of income For purposes of any United States civil judicial or administrative proceeding to determine or collect tax, there shall be a rebuttable presumption that any amount or thing of value received by a United States person (other than an entity with shares regularly traded on an established securities market) directly or indirectly from an account or from an entity (other than an entity with shares regularly traded on an established securities market) that holds an account, or in any other manner has assets, in a non-FATCA institution, constitutes income of such person taxable in the year of receipt; and any amount or thing of value paid or transferred by or on behalf of a United States person (other than an entity with shares regularly traded on an established securities market) directly or indirectly to an account, or entity (other than an entity with shares regularly traded on an established securities market) that holds an account, or in any other manner has assets, in a non-FATCA institution, represents previously unreported income of such person taxable in the year of the transfer. (c) Rebutting the presumptions The presumptions established in this section may be rebutted only by clear and convincing evidence, including detailed documentary, testimonial, and transactional evidence, establishing that— (1) in subsection (a), such taxpayer exercised no control, directly or indirectly, over account or entity at the time in question, and (2) in subsection (b), such amounts or things of value did not represent income related to such United States person. Any court having jurisdiction of a civil proceeding in which control of such an offshore account or offshore entity or the income character of such receipts or amounts transferred is an issue shall prohibit the introduction by the taxpayer of any foreign based document that is not authenticated in open court by a person with knowledge of such document, or any other evidence supplied by a person outside the jurisdiction of a United States court, unless such person appears before the court. . (B) The table of subchapters for chapter 76 is amended by inserting after the item relating to subchapter E the following new item: SUBCHAPTER F—Presumptions for certain legal proceedings . (2) Definition of non-fatca institution Section 7701(a) is amended by adding at the end the following new paragraph: (51) Non-fatca institution The term non-FATCA institution means any financial institution that does not meet the reporting requirements of section 1471(b). . (3) Presumptions for securities law purposes Section 21 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u ) is amended by adding at the end the following new subsection: (j) Presumptions pertaining to control and beneficial ownership (1) Control For purposes of any civil judicial or administrative proceeding under this title, there shall be a rebuttable presumption that a United States person (other than an entity with shares regularly traded on an established securities market) who, directly or indirectly, formed, transferred assets to, was a beneficiary of, had a beneficial interest in, or received money or property or the use thereof from an entity, including a trust, corporation, limited liability company, partnership, or foundation (other than an entity with shares regularly traded on an established securities market), that holds an account, or in any other manner has assets, in a non-FATCA institution (as defined in section 7701(a)(51) of the Internal Revenue Code of 1986), exercised control over such entity. The presumption of control created by this paragraph shall not be applied to prevent the Commission from determining or arguing the absence of control. (2) Beneficial ownership For purposes of any civil judicial or administrative proceeding under this title, there shall be a rebuttable presumption that securities that are nominally owned by an entity, including a trust, corporation, limited liability company, partnership, or foundation (other than an entity with shares regularly traded on an established securities market), and that are held in a non-FATCA institution (as so defined), are beneficially owned by any United States person (other than an entity with shares regularly traded on an established securities market) who directly or indirectly exercised control over such entity. The presumption of beneficial ownership created by this paragraph shall not be applied to prevent the Commission from determining or arguing the absence of beneficial ownership. . (4) Presumption for reporting purposes relating to foreign financial accounts Section 5314 of title 31, United States Code, is amended by adding at the end the following new subsection: (d) Rebuttable presumption For purposes of this section, there shall be a rebuttable presumption that any account with a non-FATCA institution (as defined in section 7701(a)(51) of the Internal Revenue Code of 1986) contains funds in an amount that is at least sufficient to require a report prescribed by regulations under this section. . (5) Regulatory authority Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury and the Chairman of the Securities and Exchange Commission shall each adopt regulations or other guidance necessary to implement the amendments made by this subsection. The Secretary and the Chairman may by regulation or guidance provide that the presumption of control shall not extend to particular classes of transactions, such as corporate reorganizations or transactions below a specified dollar threshold, if either determines that applying such amendments to such transactions is not necessary to carry out the purposes of such amendments. (h) Effective date The amendments made by this section shall take effect on the date which is 180 days after the date of the enactment of this Act, whether or not regulations are issued under subsection (g)(5). 103. Treatment of foreign corporations managed and controlled in the United States as domestic corporations (a) In general Section 7701 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: (p) Certain corporations managed and controlled in the United States treated as domestic for income tax (1) In general Notwithstanding subsection (a)(4), in the case of a corporation described in paragraph (2) if— (A) the corporation would not otherwise be treated as a domestic corporation for purposes of this title, but (B) the management and control of the corporation occurs, directly or indirectly, primarily within the United States, then, solely for purposes of chapter 1 (and any other provision of this title relating to chapter 1), the corporation shall be treated as a domestic corporation. (2) Corporation described (A) In general A corporation is described in this paragraph if— (i) the stock of such corporation is regularly traded on an established securities market, or (ii) the aggregate gross assets of such corporation (or any predecessor thereof), including assets under management for investors, whether held directly or indirectly, at any time during the taxable year or any preceding taxable year is $50,000,000 or more. (B) General exception A corporation shall not be treated as described in this paragraph if— (i) such corporation was treated as a corporation described in this paragraph in a preceding taxable year, (ii) such corporation— (I) is not regularly traded on an established securities market, and (II) has, and is reasonably expected to continue to have, aggregate gross assets (including assets under management for investors, whether held directly or indirectly) of less than $50,000,000, and (iii) the Secretary grants a waiver to such corporation under this subparagraph. (C) Exception from gross assets test Subparagraph (A)(ii) shall not apply to a corporation which is a controlled foreign corporation (as defined in section 957) and which is a member of an affiliated group (as defined section 1504, but determined without regard to section 1504(b)(3)) the common parent of which— (i) is a domestic corporation (determined without regard to this subsection), and (ii) has substantial assets (other than cash and cash equivalents and other than stock of foreign subsidiaries) held for use in the active conduct of a trade or business in the United States. (3) Management and control (A) In general The Secretary shall prescribe regulations for purposes of determining cases in which the management and control of a corporation is to be treated as occurring primarily within the United States. (B) Executive officers and senior management Such regulations shall provide that— (i) the management and control of a corporation shall be treated as occurring primarily within the United States if substantially all of the executive officers and senior management of the corporation who exercise day-to-day responsibility for making decisions involving strategic, financial, and operational policies of the corporation are located primarily within the United States, and (ii) individuals who are not executive officers and senior management of the corporation (including individuals who are officers or employees of other corporations in the same chain of corporations as the corporation) shall be treated as executive officers and senior management if such individuals exercise the day-to-day responsibilities of the corporation described in clause (i). (C) Corporations primarily holding investment assets Such regulations shall also provide that the management and control of a corporation shall be treated as occurring primarily within the United States if— (i) the assets of such corporation (directly or indirectly) consist primarily of assets being managed on behalf of investors, and (ii) decisions about how to invest the assets are made in the United States. . (b) Effective date The amendments made by this section shall apply to taxable years beginning on or after the date which is 2 years after the date of the enactment of this Act, whether or not regulations are issued under section 7701(p)(3) of the Internal Revenue Code of 1986, as added by this section. 104. Reporting United States beneficial owners of foreign owned financial accounts (a) In general Subpart B of part III of subchapter A of chapter 61 is amended by inserting after section 6045B the following new sections: 6045C. Returns regarding United States beneficial owners of financial accounts located in the United States and held in the name of a foreign entity (a) Requirement of return If— (1) any withholding agent under sections 1441 and 1442 has the control, receipt, custody, disposal, or payment of any amount constituting gross income from sources within the United States of any foreign entity, including a trust, corporation, limited liability company, partnership, or foundation (other than an entity with shares regularly traded on an established securities market), and (2) such withholding agent determines for purposes of titles 14, 18, or 31 of the United States Code that a United States person has any beneficial interest in the foreign entity or in the account in such entity's name (hereafter in this section referred to as United States beneficial owner ), then the withholding agent shall make a return according to the forms or regulations prescribed by the Secretary. (b) Required information For purposes of subsection (a) the information required to be included on the return shall include— (1) the name, address, and, if known, the taxpayer identification number of the United States beneficial owner, (2) the known facts pertaining to the relationship of such United States beneficial owner to the foreign entity and the account, (3) the gross amount of income from sources within the United States (including gross proceeds from brokerage transactions), and (4) such other information as the Secretary may by forms or regulations provide. (c) Statements To Be furnished to beneficial owners with respect to whom information is required To Be reported A withholding agent required to make a return under subsection (a) shall furnish to each United States beneficial owner whose name is required to be set forth in such return a statement showing— (1) the name, address, and telephone number of the information contact of the person required to make such return, and (2) the information required to be shown on such return with respect to such United States beneficial owner. The written statement required under the preceding sentence shall be furnished to the United States beneficial owner on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. In the event the person filing such return does not have a current address for the United States beneficial owner, such written statement may be mailed to the address of the foreign entity. 6045D. Returns by financial institutions regarding establishment of accounts in non-FATCA institutions (a) Requirement of return Any financial institution directly or indirectly opening a bank, brokerage, or other financial account for or on behalf of an offshore entity, including a trust, corporation, limited liability company, partnership, or foundation (other than an entity with shares regularly traded on an established securities market), in a non-FATCA institution (as defined in section 7701(a)(51)) at the direction of, on behalf of, or for the benefit of a United States person shall make a return according to the forms or regulations prescribed by the Secretary. (b) Required information For purposes of subsection (a) the information required to be included on the return shall include— (1) the name, address, and taxpayer identification number of such United States person, (2) the name and address of the financial institution at which a financial account is opened, the type of account, the account number, the name under which the account was opened, and the amount of the initial deposit, (3) if the account is held in the name of an entity, the name and address of such entity, the type of entity, and the name and address of any company formation agent or other professional employed to form or acquire the entity, and (4) such other information as the Secretary may by forms or regulations provide. (c) Statements To be furnished to United States persons with respect to whom information is required To be reported A financial institution required to make a return under subsection (a) shall furnish to each United States person whose name is required to be set forth in such return a statement showing— (1) the name, address, and telephone number of the information contact of the person required to make such return, and (2) the information required to be shown on such return with respect to such United States person. The written statement required under the preceding sentence shall be furnished to such United States person on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made. (d) Exemption The Secretary may by regulations exempt any class of United States persons or any class of accounts or entities from the requirements of this section if the Secretary determines that applying this section to such persons, accounts, or entities is not necessary to carry out the purposes of this section. . (b) Penalties (1) Returns Section 6724(d)(1)(B) is amended by striking or at the end of clause (xxiv), by striking and at the end of clause (xxv), and by adding after clause (xxv) the following new clauses: (xxvi) section 6045C(a) (relating to returns regarding United States beneficial owners of financial accounts located in the United States and held in the name of a foreign entity), or (xxvii) section 6045D(a) (relating to returns by financial institutions regarding establishment of accounts at non-FATCA institutions), and . (2) Payee statements Section 6724(d)(2) is amended by striking or at the end of subparagraph (GG), by striking the period at the end of subparagraph (HH), and by inserting after subparagraph (HH) the following new subparagraphs: (II) section 6045C(c) (relating to returns regarding United States beneficial owners of financial accounts located in the United States and held in the name of a foreign entity), (JJ) section 6045D(c) (relating to returns by financial institutions regarding establishment of accounts at non-FATCA institutions). . (c) Clerical amendment The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by inserting after the item relating to section 6045B the following new items: Sec. 6045C. Returns regarding United States beneficial owners of financial accounts located in the United States and held in the name of a foreign entity. Sec. 6045D. Returns by financial institutions regarding establishment of accounts at non-FATCA institutions. . (d) Additional penalties (1) Additional penalties on banks Section 5239(b)(1) of the Revised Statutes (12 U.S.C. 93(b)(1)) is amended by inserting or any of the provisions of section 6045D of the Internal Revenue Code of 1986, after any regulation issued pursuant thereto, . (2) Additional penalties on securities firms Section 21(d)(3)(A) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(A) ) is amended by inserting any of the provisions of section 6045D of the Internal Revenue Code of 1986, after the rules or regulations thereunder, . (e) Regulatory authority and effective date (1) Regulatory Authority Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall adopt regulations, forms, or other guidance necessary to implement this section. (2) Effective Date Section 6045C of the Internal Revenue Code of 1986 (as added by this section) and the amendment made by subsection (d)(1) shall take effect with respect to amounts paid into foreign owned accounts located in the United States after December 31 of the year of the date of the enactment of this Act. Section 6045D of such Code (as so added) and the amendment made by subsection (d)(2) shall take effect with respect to accounts opened after December 31 of the year of the date of the enactment of this Act. 105. Swap payments made from the United States to persons offshore (a) Tax on swap payments received by foreign persons Section 871(a)(1) is amended— (1) by inserting swap payments (as identified in section 1256(b)(2)(B)), after annuities, in subparagraph (A), and (2) by adding at the end the following new sentence: In the case of swap payments, the source of a swap payment is determined by reference to the location of the payor. . (b) Tax on swap payments received by foreign corporations Section 881(a) is amended— (1) by inserting swap payments (as identified in section 1256(b)(2)(B)), after annuities, in paragraph (1), and (2) by adding at the end the following new sentence: In the case of swap payments, the source of a swap payment is determined by reference to the location of the payor. . II Other measures to combat tax haven and tax shelter abuses 201. Country-by-country reporting (a) Country-by-Country reporting Section 13 of the Securities Exchange Act of 1934 (15 U.S.C. 78m) is amended by adding at the end the following new subsection: (s) Disclosure of financial performance on a country-by-Country basis (1) Definitions In this subsection— (A) the term issuer group means the issuer, each subsidiary of the issuer, and each entity under the control of the issuer; and (B) the term country of operation means each country in which a member of the issuer group is incorporated, organized, maintains employees, or conducts significant business activities. (2) Rules required The Commission shall issue rules that require each issuer to include in an annual report filed by the issuer with the Commission information on a country-by-country basis during the covered period, consisting of— (A) a list of each country of operation and the name of each entity of the issuer group domiciled in each country of operation; (B) the number of employees physically working in each country of operation; (C) the total pre-tax gross revenues of each member of the issuer group in each country of operation; (D) the total amount of payments made to governments by each member of the issuer group in each country of operation, without exception, including, and set forth according to— (i) total Federal, regional, local, and other tax assessed against each member of the issuer group with respect to each country of operation during the covered period; and (ii) after any tax deductions, tax credits, tax forgiveness, or other tax benefits or waivers, the total amount of tax paid from the treasury of each member of the issuer group to the government of each country of operation during the covered period; and (E) such other financial information as the Commission may determine is necessary or appropriate in the public interest or for the protection of investors. . (b) Rulemaking (1) Deadlines The Securities and Exchange Commission (in this section referred to as the Commission ) shall— (A) not later than 270 days after the date of enactment of this Act, issue a proposed rule to carry out this section and the amendment made by this section; and (B) not later than 1 year after the date of enactment of this Act, issue a final rule to carry out this section and the amendment made by this section. (2) Data format The information required to be provided by this section shall be provided by the issuer in a format prescribed by the Commission, and shall be made available to the public online, in such format as the Commission shall prescribe. (3) Effective date Subsection (s) of section 13 of the Securities Exchange Act of 1934, as added by this section, shall become effective 1 year after the date on which the Commission issues a final rule under this section. 202. Penalty for failing to disclose offshore holdings (a) Securities Exchange Act of 1934 Section 21(d)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(B) ) is amended by adding at the end the following: (iv) Fourth tier Notwithstanding clauses (i), (ii), and (iii), for each violation, the amount of the penalty shall not exceed $1,000,000 for any natural person or $10,000,000 for any other person, if— (I) such person directly or indirectly controlled any foreign entity, including any trust, corporation, limited liability company, partnership, or foundation through which an issuer purchased, sold, or held equity or debt instruments; (II) such person knowingly or recklessly failed to disclose any such holding, purchase, or sale by the issuer; and (III) the holding, purchase, or sale would have been otherwise subject to disclosure by the issuer or such person under this title. . (b) Securities Act of 1933 Section 20(d)(2) of the Securities Act of 1933 (15 U.S.C. 77t(d)(2)) is amended by adding at the end the following: (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), for each violation, the amount of the penalty shall not exceed $1,000,000 for any natural person or $10,000,000 for any other person, if— (i) such person directly or indirectly controlled any foreign entity, including any trust, corporation, limited liability company, partnership, or foundation through which an issuer purchased, sold, or held equity or debt instruments; (ii) such person knowingly or recklessly failed to disclose any such holding, purchase, or sale by the issuer; and (iii) the holding, purchase, or sale would have been otherwise subject to disclosure by the issuer or such person under this title. . (c) Investment Advisers Act of 1940 Section 203(i)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(i)(2) ) is amended by adding at the end the following: (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), for each violation, the amount of the penalty shall not exceed $1,000,000 for any natural person or $10,000,000 for any other person, if— (i) such person directly or indirectly controlled any foreign entity, including any trust, corporation, limited liability company, partnership, or foundation through which an issuer purchased, sold, or held equity or debt instruments; (ii) such person knowingly or recklessly failed to disclose any such holding, purchase, or sale by the issuer; and (iii) the holding, purchase, or sale would have been otherwise subject to disclosure by the issuer or such person under this title. . 203. Deadline for anti-money laundering rule for investment advisers (a) Anti-Money laundering obligations for investment advisers Section 5312(a)(2) of title 31, United States Code, is amended— (1) in subparagraph (Y), by striking or at the end; (2) by redesignating subparagraph (Z) as subparagraph (BB); and (3) by inserting after subparagraph (Y) the following: (Z) an investment adviser; . (b) Rules required The Secretary of the Treasury shall— (1) in consultation with the Chairman of the Securities and Exchange Commission and the Chairman of the Commodity Futures Trading Commission, not later than 270 days after the date of enactment of this Act, publish a proposed rule in the Federal Register to carry out the amendments made by this section; and (2) not later than 180 days after the date of enactment of this Act, publish a final rule in the Federal Register on the matter described in paragraph (1). (c) Contents The final rule published under this section shall require, at a minimum, each investment adviser (as defined in section 202(a)(11) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2(a)(11) )) registered with the Securities and Exchange Commission pursuant to section 203 of that Act (15 U.S.C. 80b–3)— (1) to submit suspicious activity reports and establish an anti-money laundering program under subsections (g) and (h), respectively, of section 5318 of title 31, United States Code; and (2) to comply with— (A) the customer identification program requirements under section 5318(l) of title 31, United States Code; and (B) the due diligence requirements under section 5318(i) of title 31, United States Code. 204. Anti-money laundering requirements for formation agents (a) Anti-Money laundering obligations for formation agents Section 5312(a)(2) of title 31, United States Code, as amended by section 113 of this Act, is amended by inserting after subparagraph (Z) the following: (AA) any person engaged in the business of forming new corporations, limited liability companies, partnerships, trusts, or other legal entities; or . (b) Deadline for anti-Money laundering rule for formation agents (1) Proposed rule The Secretary of the Treasury, in consultation with the Attorney General of the United States, the Secretary of Homeland Security, and the Commissioner of Internal Revenue, shall— (A) not later than 120 days after the date of enactment of this Act, publish a proposed rule in the Federal Register requiring persons described in section 5312(a)(2)(AA) of title 31, United States Code, as added by this section, to establish anti-money laundering programs under section 5318(h) of that title; and (B) not later than 270 days after the date of enactment of this Act, publish a final rule in the Federal Register on the matter described in subparagraph (A). (2) Exclusions The rule promulgated under this subsection shall exclude from the category of persons engaged in the business of forming new corporations or other entities— (A) any government agency; and (B) any attorney or law firm that uses a paid formation agent operating within the United States to form such corporations or other entities. 205. Strengthening John Doe summons proceedings (a) In general Subsection (f) of section 7609 is amended to read as follows: (f) Additional requirement in the case of a John Doe summons (1) General Rule Any summons described in subsection (c)(1) which does not identify the person with respect to whose liability the summons is issued may be served only after a court proceeding in which the Secretary establishes that— (A) the summons relates to the investigation of a particular person or ascertainable group or class of persons, (B) there is a reasonable basis for believing that such person or group or class of persons may fail or may have failed to comply with any provision of any internal revenue law, and (C) the information sought to be obtained from the examination of the records or testimony (and the identity of the person or persons with respect to whose liability the summons is issued) is not readily available from other sources. (2) Exception Paragraph (1) shall not apply to any summons which specifies that it is limited to information regarding a United States correspondent account (as defined in section 5318A(e)(1)(B) of title 31, United States Code) or a United States payable-through account (as defined in section 5318A(e)(1)(C) of such title) of a financial institution that is held at a non-FATCA institution (as defined in section 7701(a)(51)). (3) Presumption in cases involving non-fatca institutions For purposes of this section, in any case in which the particular person or ascertainable group or class of persons have financial accounts in or transactions related to a non-FATCA institution (as defined in section 7701(a)(51)), there shall be a presumption that there is a reasonable basis for believing that such person or group or class of persons may fail or may have failed to comply with provisions of internal revenue law. (4) Project John Doe summonses (A) In general Notwithstanding the requirements of paragraph (1), the Secretary may issue a summons described in paragraph (1) if the summons— (i) relates to a project which is approved under subparagraph (B), (ii) is issued to a person who is a member of the group or class established under subparagraph (B)(i), and (iii) is issued within 3 years of the date on which such project was approved under subparagraph (B). (B) Approval of projects A project may only be approved under this subparagraph after a court proceeding in which the Secretary establishes that— (i) any summons issues with respect to the project will be issued to a member of an ascertainable group or class of persons, and (ii) any summons issued with respect to such project will meet the requirements of paragraph (1). (C) Extension Upon application of the Secretary, the court may extend the time for issuing such summonses under subparagraph (A)(i) for additional 3-year periods, but only if the court continues to exercise oversight of such project under subparagraph (D). (D) Ongoing court oversight During any period in which the Secretary is authorized to issue summonses in relation to a project approved under subparagraph (B) (including during any extension under subparagraph (C)), the Secretary shall report annually to the court on the use of such authority, provide copies of all summonses with such report, and comply with the court's direction with respect to the issuance of any John Doe summons under such project. . (b) Jurisdiction of court (1) In general Paragraph (1) of section 7609(h) is amended by inserting after the first sentence the following new sentence: Any United States district court in which a member of the group or class to which a summons may be issued resides or is found shall have jurisdiction to hear and determine the approval of a project under subsection (f)(2)(B). . (2) Conforming amendment The first sentence of section 7609(h)(1) is amended by striking (f) and inserting (f)(1) . (c) Effective date The amendments made by this section shall apply to summonses issued after the date of the enactment of this Act. 206. Improving enforcement of foreign financial account reporting (a) Clarifying the connection of foreign financial account reporting to tax administration Paragraph (4) of section 6103(b) is amended by adding at the end the following new sentence: For purposes of subparagraph (A)(i), section 5314 of title 31, United States Code, and sections 5321 and 5322 of such title (as such sections pertain to such section 5314), shall be considered related statutes. . (b) Simplifying the calculation of foreign financial account reporting penalties Section 5321(a)(5)(D)(ii) of title 31, United States Code, is amended by striking the balance in the account at the time of the violation and inserting the highest balance in the account during the reporting period to which the violation relates . (c) Clarifying the use of suspicious activity reports under the Bank Secrecy Act for civil tax law enforcement Section 5319 of title 31, United States Code, is amended by inserting the civil and criminal enforcement divisions of the Internal Revenue Service, after including . III Combating tax shelter promoters 301. Penalty for promoting abusive tax shelters (a) Penalty for promoting abusive tax shelters Section 6700 is amended— (1) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively, (2) by striking a penalty and all that follows through the period in the first sentence of subsection (a) and inserting a penalty determined under subsection (b) , and (3) by inserting after subsection (a) the following new subsections: (b) Amount of penalty; calculation of penalty; liability for penalty (1) Amount of penalty The amount of the penalty imposed by subsection (a) shall not exceed 150 percent of the gross income derived (or to be derived) from such activity by the person or persons subject to such penalty. (2) Calculation of penalty The penalty amount determined under paragraph (1) shall be calculated with respect to each instance of an activity described in subsection (a), each instance in which income was derived by the person or persons subject to such penalty, and each person who participated in such an activity. (3) Liability for penalty If more than 1 person is liable under subsection (a) with respect to such activity, all such persons shall be jointly and severally liable for the penalty under such subsection. (c) Penalty not deductible The payment of any penalty imposed under this section or the payment of any amount to settle or avoid the imposition of such penalty shall not be considered an ordinary and necessary expense in carrying on a trade or business for purposes of this title and shall not be deductible by the person who is subject to such penalty or who makes such payment. . (b) Conforming amendment Section 6700(a) is amended by striking the last sentence. (c) Effective date The amendments made by this section shall apply to activities after the date of the enactment of this Act. 302. Penalty for aiding and abetting the understatement of tax liability (a) In general Section 6701(a) is amended— (1) by inserting the tax liability or after respect to, in paragraph (1), (2) by inserting aid, assistance, procurement, or advice with respect to such before portion both places it appears in paragraphs (2) and (3), and (3) by inserting instance of aid, assistance, procurement, or advice or each such before document in the matter following paragraph (3). (b) Amount of penalty Subsection (b) of section 6701 is amended to read as follows: (b) Amount of penalty; calculation of penalty; liability for penalty (1) Amount of penalty The amount of the penalty imposed by subsection (a) shall not exceed 150 percent of the gross income derived (or to be derived) from such aid, assistance, procurement, or advice provided by the person or persons subject to such penalty. (2) Calculation of penalty The penalty amount determined under paragraph (1) shall be calculated with respect to each instance of aid, assistance, procurement, or advice described in subsection (a), each instance in which income was derived by the person or persons subject to such penalty, and each person who made such an understatement of the liability for tax. (3) Liability for penalty If more than 1 person is liable under subsection (a) with respect to providing such aid, assistance, procurement, or advice, all such persons shall be jointly and severally liable for the penalty under such subsection. . (c) Penalty not deductible Section 6701 is amended by adding at the end the following new subsection: (g) Penalty not deductible The payment of any penalty imposed under this section or the payment of any amount to settle or avoid the imposition of such penalty shall not be considered an ordinary and necessary expense in carrying on a trade or business for purposes of this title and shall not be deductible by the person who is subject to such penalty or who makes such payment. . (d) Effective date The amendments made by this section shall apply to activities after the date of the enactment of this Act. 303. Prohibited fee arrangement (a) In general Section 6701, as amended by this Act, is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively, (2) by striking subsection (a). in paragraphs (2) and (3) of subsection (g) (as redesignated by paragraph (1)) and inserting subsection (a) or (f). , and (3) by inserting after subsection (e) the following new subsection: (f) Prohibited fee arrangement (1) In general Any person who makes an agreement for, charges, or collects a fee which is for services provided in connection with the internal revenue laws, and the amount of which is calculated according to, or is dependent upon, a projected or actual amount of— (A) tax savings or benefits, or (B) losses which can be used to offset other taxable income, shall pay a penalty with respect to each such fee activity in the amount determined under subsection (b). (2) Rules The Secretary may issue rules to carry out the purposes of this subsection and may provide exceptions for fee arrangements that are in the public interest. . (b) Effective date The amendments made by this section shall apply to fee agreements, charges, and collections made after the date of the enactment of this Act. 304. Preventing tax shelter activities by financial institutions (a) Examinations (1) Development of examination techniques Each of the Federal banking agencies and the Commission shall, in consultation with the Internal Revenue Service, develop examination techniques to detect potential violations of section 6700 or 6701 of the Internal Revenue Code of 1986, by depository institutions, brokers, dealers, and investment advisers, as appropriate. (2) Implementation Each of the Federal banking agencies and the Commission shall implement the examination techniques developed under paragraph (1) with respect to each of the depository institutions, brokers, dealers, or investment advisers subject to their enforcement authority. Such examination shall, to the extent possible, be combined with any examination by such agency otherwise required or authorized by Federal law. (b) Report to internal revenue service In any case in which an examination conducted under this section with respect to a financial institution or other entity reveals a potential violation, such agency shall promptly notify the Internal Revenue Service of such potential violation for investigation and enforcement by the Internal Revenue Service, in accordance with applicable provisions of law. (c) Report to congress The Federal banking agencies and the Commission shall submit a joint written report to Congress in 2013 on their progress in preventing violations of sections 6700 and 6701 of the Internal Revenue Code of 1986, by depository institutions, brokers, dealers, and investment advisers, as appropriate. (d) Definitions For purposes of this section— (1) the terms broker , dealer , and investment adviser have the same meanings as in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c ); (2) the term Commission means the Securities and Exchange Commission; (3) the term depository institution has the same meaning as in section 3(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(c) ); (4) the term Federal banking agencies has the same meaning as in section 3(q) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813(q) ); and (5) the term Secretary means the Secretary of the Treasury. 305. Information sharing for enforcement purposes (a) Promotion of prohibited tax shelters or tax avoidance schemes Section 6103(h) is amended by adding at the end the following new paragraph: (7) Disclosure of returns and return information related to promotion of prohibited tax shelters or tax avoidance schemes (A) Written request Upon receipt by the Secretary of a written request which meets the requirements of subparagraph (B) from the head of the United States Securities and Exchange Commission, an appropriate Federal banking agency as defined under section 1813(q) of title 12, United States Code, or the Public Company Accounting Oversight Board, a return or return information shall be disclosed to such requestor’s officers and employees who are personally and directly engaged in an investigation, examination, or proceeding by such requestor to evaluate, determine, penalize, or deter conduct by a financial institution, issuer, or public accounting firm, or associated person, in connection with a potential or actual violation of section 6700 (promotion of abusive tax shelters), 6701 (aiding and abetting understatement of tax liability), or activities related to promoting or facilitating inappropriate tax avoidance or tax evasion. Such disclosure shall be solely for use by such officers and employees in such investigation, examination, or proceeding. In the discretion of the Secretary, such disclosure may take the form of the participation of Internal Revenue Service employees in a joint investigation, examination, or proceeding with the Securities and Exchange Commission, Federal banking agency, or Public Company Accounting Oversight Board. (B) Requirements A request meets the requirements of this subparagraph if it sets forth— (i) the nature of the investigation, examination, or proceeding, (ii) the statutory authority under which such investigation, examination, or proceeding is being conducted, (iii) the name or names of the financial institution, issuer, or public accounting firm to which such return information relates, (iv) the taxable period or periods to which such return information relates, and (v) the specific reason or reasons why such disclosure is, or may be, relevant to such investigation, examination or proceeding. (C) Financial institution For the purposes of this paragraph, the term financial institution means a depository institution, foreign bank, insured institution, industrial loan company, broker, dealer, investment company, investment advisor, or other entity subject to regulation or oversight by the United States Securities and Exchange Commission or an appropriate Federal banking agency. . (b) Financial and accounting fraud investigations Section 6103(i) is amended by adding at the end the following new paragraph: (9) Disclosure of returns and return information for use in financial and accounting fraud investigations (A) Written request Upon receipt by the Secretary of a written request which meets the requirements of subparagraph (B) from the head of the United States Securities and Exchange Commission or the Public Company Accounting Oversight Board, a return or return information shall be disclosed to such requestor’s officers and employees who are personally and directly engaged in an investigation, examination, or proceeding by such requester to evaluate the accuracy of a financial statement or report, or to determine whether to require a restatement, penalize, or deter conduct by an issuer, investment company, or public accounting firm, or associated person, in connection with a potential or actual violation of auditing standards or prohibitions against false or misleading statements or omissions in financial statements or reports. Such disclosure shall be solely for use by such officers and employees in such investigation, examination, or proceeding. (B) Requirements A request meets the requirements of this subparagraph if it sets forth— (i) the nature of the investigation, examination, or proceeding, (ii) the statutory authority under which such investigation, examination, or proceeding is being conducted, (iii) the name or names of the issuer, investment company, or public accounting firm to which such return information relates, (iv) the taxable period or periods to which such return information relates, and (v) the specific reason or reasons why such disclosure is, or may be, relevant to such investigation, examination or proceeding. . (c) Effective date The amendments made by this section shall apply to disclosures and to information and document requests made after the date of the enactment of this Act. 306. Disclosure of information to Congress (a) Disclosure by tax return preparer (1) In general Subparagraph (B) of section 7216(b)(1) is amended to read as follows: (B) pursuant to any one of the following documents, if clearly identified: (i) The order of any Federal, State, or local court of record. (ii) A subpoena issued by a Federal or State grand jury. (iii) An administrative order, summons, or subpoena which is issued in the performance of its duties by— (I) any Federal agency, including Congress or any committee or subcommittee thereof, or (II) any State agency, body, or commission charged under the laws of the State or a political subdivision of the State with the licensing, registration, or regulation of tax return preparers. . (2) Effective date The amendment made by this subsection shall apply to disclosures made after the date of the enactment of this Act pursuant to any document in effect on or after such date. (b) Disclosure by Secretary Paragraph (2) of section 6104(a) is amended to read as follows: (2) Inspection by Congress (A) In general Upon receipt of a written request from a committee or subcommittee of Congress, copies of documents related to a determination by the Secretary to grant, deny, revoke, or restore an organization’s exemption from taxation under section 501 shall be provided to such committee or subcommittee, including any application, notice of status, or supporting information provided by such organization to the Internal Revenue Service; any letter, analysis, or other document produced by or for the Internal Revenue Service evaluating, determining, explaining, or relating to the tax exempt status of such organization (other than returns, unless such returns are available to the public under this section or section 6103 or 6110); and any communication between the Internal Revenue Service and any other party relating to the tax exempt status of such organization. (B) Additional information Section 6103(f) shall apply with respect to— (i) the application for exemption of any organization described in subsection (c) or (d) of section 501 which is exempt from taxation under section 501(a) for any taxable year and any application referred to in subparagraph (B) of subsection (a)(1) of this section, and (ii) any other papers which are in the possession of the Secretary and which relate to such application, as if such papers constituted returns. . (c) Effective date The amendments made by this section shall apply to disclosures and to information and document requests made after the date of the enactment of this Act. 307. Tax opinion standards for tax practitioners Section 330(d) of title 31, United States Code, is amended to read as follows: (d) The Secretary of the Treasury shall impose standards applicable to the rendering of written advice with respect to any listed transaction or any entity, plan, arrangement, or other transaction which has a potential for tax avoidance or evasion. Such standards shall address, but not be limited to, the following issues: (1) Independence of the practitioner issuing such written advice from persons promoting, marketing, or recommending the subject of the advice. (2) Collaboration among practitioners, or between a practitioner and other party, which could result in such collaborating parties having a joint financial interest in the subject of the advice. (3) Avoidance of conflicts of interest which would impair auditor independence. (4) For written advice issued by a firm, standards for reviewing the advice and ensuring the consensus support of the firm for positions taken. (5) Reliance on reasonable factual representations by the taxpayer and other parties. (6) Appropriateness of the fees charged by the practitioner for the written advice. (7) Preventing practitioners and firms from aiding or abetting the understatement of tax liability by clients. (8) Banning the promotion of potentially abusive or illegal tax shelters. . | https://www.govinfo.gov/content/pkg/BILLS-113hr1554ih/xml/BILLS-113hr1554ih.xml |
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